Richmond City Council
May 19, 2026

Order Form Order ID: Q-11571786
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RICHMOND CITY ATTORNEY
PO BOX 4046 450 CIVIC CENTER PLZ STE 340
RICHMOND CA 94804-1630 US
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Account #: 1000802377

RICHMOND CITY ATTORNEY
PO Box 4046
450 CIVIC CENTER PLZ STE 340
RICHMOND CA 94804-1630 US
Account #: 1000802377

RICHMOND CITY ATTORNEY
PO Box 4046
450 CIVIC CENTER PLZ STE 340
RICHMOND, CA 94804-1630
US
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This Order Form will expire and will not be accepted after 5/28/2026. 144

Attachment Order ID: Q-11571786
Contact your representative [email protected] with any questions. Thank you.

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Account Number Account Name Account Address Action
1000802377 RICHMOND CITY ATTORNEY
450 CIVIC CENTER PLZ STE 340

RICHMOND
CA 94804-1630 US
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Refer to your Order Form for the Post Minimum Term pricing. Refer to Order Form for Billing Frequency Type. 145
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RICHMOND, CALIFORNIA, March 24, 2026
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. SPECIAL OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED

SESSION
The Richmond City Council Evening Open Session was called to order at 4:00 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Claudia Jimenez, Sue Wilson, Cesar Zepeda, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez. Absent: Councilmember Soheila Bana arrived after adjournment to the Closed Session. Councilmember Jamelia Brown was absent for the entire meeting.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Dorn v. City of Richmond
• Jackson v. City of Richmond
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor, Jack Hughes, and 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.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: 1414 Harbour Way South
Agency Negotiator: Lina Velasco (Community Development Director), Emily Combs (Finance Director), Dave Aleshire (Special Counsel) Negotiating Parties: Orton Entertainment, LLC
Under Negotiation: Price, Terms of Payment
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
Cordell Hindler and Nate Lonso gave comments in person regarding Item C.2 (labor negotiations). The following speakers gave comments via teleconference regarding Item C.2: Benjamin Therriault, Don Nelson, and Alexander Caine. 146
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E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:12 p.m. Closed Session adjourned at 6:04 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:08 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 Bana, Jimenez, Wilson, Zepeda, Vice Mayor Robinson, and Mayor Martinez. Absent: Councilmember Brown was absent for the entire meeting.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item N.2.a (Records Retention and Destruction Schedule Update) was continued to the April 7, 2026, City Council meeting.

Item N.3.d (Change Cesar Chavez Day to United Farm Workers Day) was removed from the Consent Calendar for discussion immediately following Item P.1 (2025 California Fire Code with Local Amendments and 2025 California Wildland-Urban Interface with Local Amendments).

Mayor Martinez announced that the council would only receive the presentation and public comment for Item O.1 (Charter Article 15 Review - Richmond Fund for Children and Youth Review). Council deliberations for Item O.1 and direction to staff would be given at the April 7, 2026, City Council meeting.

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
Interim City Attorney Shannon Moore reported that no final decisions were made during Closed Session.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl presented a PowerPoint. Link to view City Manager's Report
M. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remained on the Consent Calendar or items that were not on the agenda – were 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 expressed concerns regarding disagreements among the council at its March 17, 2026, meeting. He also suggested that the city’s Chevron settlement funds be allocated to youth programs. Mr. Hindler thanked the Mayor’s Office for considering his proposal to host a Mayor’s Conference at a golf course. 147
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Don Gosney announced employment opportunities and benefits provided by the Plumbers & Steamfitters Local 342 apprenticeship training program. He stated that sign-ups for the entrance test would be available throughout May 2026. Mr. Gosney encouraged interested community members to contact him at (510) 685-2403 or via email to [email protected].

Andrea Landin requested that youth attendees be allowed to give public comment earlier in the meeting rather than later in the evening.

Mark Wassberg gave comments regarding undocumented immigrants and federal law (8 U.S.C. §§ 1325 and 1326). He also shared his perspective regarding the attack on Iran.

Diego Garcia and Lucy Datta announced a new youth volleyball club in Richmond. Mr.

Garcia acknowledged the council for its ongoing support of youth programs. Ms. Datta invited the council and community members to the club's upcoming volleyball tournaments and games. The council requested the volleyball club schedule.

Arely Alvarado shared her experiences meeting new people and exploring new places as a member of the youth volleyball club. She also shared the positive impact the club had on her, highlighting its contribution to her personal growth and overall well-being.

Fermin Salazar invited the council and community to Richmond SOL's youth soccer and volleyball awards ceremony scheduled for May 12, 2026, at the Richmond Civic Center.

He urged the council to continue supporting youth programs.

Cesar Zepeda highlighted that Richmond was a sanctuary city and immigrants continued to make the country. He gave comments regarding Item N.3.a (Create and Implement Blue Envelope Program in Richmond) as a useful tool for members of the community who communicate differently, and to keep everyone safe.

The following individuals gave comments via teleconference Marilyn Langlois expressed her support for Item N.3.b (Stop Iran War Resolution). She suggested that the United States should completely terminate its support for Israel and remove all of its military bases from around the world.

Alexander Caine, Khoa Nguyen, Colton Stocking, Michael Pagaling, Benjamin Therriault, Nicholas Remick, and Nathan Lonso urged the council to return Detective Brandon Hodges to work from administrative leave and negotiate a fair and marketable police labor contract. They raised concerns regarding impacts on morale, police recruitment and retention, and the overall level of police services.

Musa Tariq expressed appreciation for Item N.5.a (Proclamation for American Muslim Appreciation and Awareness Month). He also gave comments in support of Item N.3.b.

Mr. Tariq gave closing remarks condemning hate speech.

City Manager Shasa Curl gave an update on police staffing. She highlighted that there were 145 authorized sworn positions in the Police Department, and the City Council authorized the fiscal year 2025–2026 budget with an approximate 9.7% vacancy rate.

Ms. Curl reported there were 126 filled positions in the department, including seven personnel in the academy, effectively leaving a 14% vacancy rate. She advised that there were twelve officers in the field training program and seven recruits in the police academy. Ms. Curl also reported that eight candidates were in the background hiring phase, and four officers were awaiting field training.

N. 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.)
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Motion by Councilmember Jimenez
Seconded by Councilmember Zepeda
To approve all items on the Consent calendar except for Item N.2.a (Records Retention and Destruction Schedule Update) and Item N.3.d (Change Cesar Chavez Day to United Farm Workers Day).

Ayes (6): Councilmember Bana, Councilmember Jimenez, Councilmember Wilson, Councilmember Zepeda, Vice Mayor Robinson, and Mayor Martinez.

Absent (1): Councilmember Brown.

Passed 6 to 1
N.1 City Attorney's Office
N.1.a Contract with Bill Whalen and Associates to Conduct Confidential Investigations
APPROVE a contract with Bill Whalen and Associates to conduct confidential investigations for the Community Police Review Commission in an amount not to exceed $100,000, for the term of February 1, 2026, through June 30, 2026 – Community Police Review Commission (Alex Seraphin 510-620-5505/Shannon Moore 510-620-6509).

N.2 City Clerk's Office
N.2.a Records Retention and Destruction Schedule Update ADOPT a resolution to make updates to the City-wide Records Retention and Destruction Schedules, excluding the Police Department which will be brought back to City Council for adoption at a later date – City Clerk’s Office (Pamela Christian 510-620-6513).

Continued to the April 7, 2026, City Council meeting.

N.2.b City Council Minutes
APPROVE the minutes of the February 24 and March 3, 2026, Regular City Council meetings - City Clerk's Office (Pamela Christian 510-620- 6513).

N.3 City Council
N.3.a Create and Implement Blue Envelope Program in Richmond DIRECT the city manager or their designee to create and implement a Blue Envelope Program for residents, including a promotional campaign to inform police officers and first responders of the new program and how to participate; staff will provide a presentation to the council once the program is up and running - Councilmember Cesar Zepeda (510-620- 6593). This item was continued from the March 3, and March 17, 2026, meetings.

N.3.b Stop Iran War Resolution
ADOPT a resolution opposing the U.S. war on Iran, condemning attacks by the United States and Israel on civilians and civilian infrastructure in Iran, calling for immediate de-escalation and diplomacy, urging Congress to exercise its constitutional war powers, and calling for an arms embargo on Israel - Councilmember Soheila Bana (510-672-3490).
149
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Adopted Resolution No. 35-26
N.3.c Establishing a Commitment to Caste Equity and the Prevention of CasteBased Discrimination ADOPT a resolution that establishes a commitment to caste equity and the prevention of caste-based discrimination and DIRECT the City Attorney’s Office to add caste as a protected category under Richmond Municipal Code Chapter 3.58.060(a)(3) to be included within the purview of the City’s Human Rights and Human Relations Commission, and RETURN to City Council for approval within 45 days - Councilmembers Soheila Bana (510-672-3490), Jamelia Brown (510-412-2050), and Sue Wilson (510- 609-2111).

Adopted Resolution No. 36-26
N.3.d Change Cesar Chavez Day to United Farm Workers Day ADOPT a resolution that directs staff to update the City’s holiday schedule to reflect “United Farm Workers Day” instead of Cesar Chavez Day and DIRECT staff to bring a future agenda item to have further discussion around sexual harassment, sexual abuse, and sexual assault and the urgent need to protect and support survivors - Councilmember Cesar Zepeda (510-620-6593).

Councilmember Zepeda introduced the matter. Deborah Small gave comments in person. Discussion ensued.

Main Motion by Councilmember Wilson
Seconded by Mayor Martinez
To adopt an amended resolution changing the city holiday schedule to reflect "Farm Workers Movement Day" instead of Cesar Chavez Day.

Ayes (6): Councilmember Bana, Councilmember Jimenez,
Councilmember Wilson, Councilmember Zepeda, Vice Mayor Robinson, and Mayor Martinez.

Absent (1): Councilmember Brown.

Passed 6 to 1
Adopted Resolution No. 37-26
Substitute Motion by Councilmember Bana
To adopt an amended resolution changing the city holiday schedule to reflect "Delores Huerta Day" instead of Cesar Chavez Day. Died for lack of a second.

N.4 Community Development
N.4.a Ordinance Rezoning the John Haley Studio at 771 Ocean Avenue ADOPT an ordinance (second reading) rezoning to add a -L, Landmark Overlay District to the RL1 base zoning district to the John Haley Studio/House located at 771 Ocean Avenue, Richmond, CA 94801 for the purpose of listing the property on the Richmond Historic Register - Community Development Department (Lina Velasco/Avery Stark 510- 620-6714).

Adopted Ordinance No. 03-26 N.S.
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N.5 Mayor's Office
N.5.a Proclamation for American Muslim Appreciation and Awareness Month PROCLAMATION recognizing April as American Muslim Appreciation and Awareness Month in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503) and Councilmember Soheila Bana (510- 672-3490).

N.5.b Appointment of Kaelen Van Cura to the Arts & Culture Commission APPOINT Kaelen Van Cura to the Arts and Culture Commission with the term that expires on January 31, 2030 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
N.5.c Reappointment of Ben Kellman to the Design Review Board REAPPOINT Ben Kellman to the Design Review Board with a term that expires on March 17, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
N.5.d Appointment of Asfar Ali to the Economic Development Commission APPOINT Asfar Ali to a vacant seat on the Economic Development Commission with a term that expires on March 30, 2029 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
N.5.e Appointment to Florence Wiley for the Macdonald Avenue Corridor Task Force
APPOINT Florence Wiley to the Macdonald Avenue Corridor Task Force with a term that expires on December 31, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
N.5.f Appointment of Vivian Gomez to the Recreation and Parks Commission APPOINT Vivian Gomez to the Recreation and Parks Commission with a term that expires on October 26, 2029– Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
N.5.g Appointment of Michelle Bailey-Vaughn to the RFCY Oversight Board APPOINT Michelle Bailey-Vaughn to the RFCY Oversight Board with the term that expires on December 2, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
N.5.h Appointment Gabriel Saeyang to the Richmond Youth Council APPOINT Gabriel Saeyang to an unexpired term on the Richmond Youth Council, term expires on October 1, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
N.5.i APPOINT Diana Benitez to the Planning Commission
APPOINT Diana Benitez to the Planning Commission with a term that expires on June 30, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503)
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N.6 Public Works
N.6.a Construction Agreement with Azul Works Inc. for the Shields-Reid Park and Community Center Projects
ADOPT a resolution to APPROVE a second amendment to the construction agreement with Azul Works, Inc. to increase the not-toexceed amount by $400,000, for a revised not-to-exceed total contract amount of $5,297,064.31, to complete maintenance-related improvements to the Shields-Reid Community Center as part of the Shields-Reid Park and Community Center Project – Public Works Department (Darcie DeLashmutt 510-672-3944/Robert Armijo 510-620-5477).

Adopted Resolution No. 38-26
N.6.b Accept the 2024 Paving Project – Slurry Seal as Complete ADOPT a resolution to ACCEPT the 2024 Paving Project – Slurry Seal as complete; DIRECT the city clerk to record the Notice of Completion with the Contra Costa County Recorder; and AUTHORIZE the release of the contractor’s bonds and retention payment – Public Works Department (Dan Santos 620-6645/Robert Armijo 620-5477).

Adopted Resolution No. 39-26
N.6.c Contract with Enterprise Rent-A-Car for Passenger Van Rentals Supporting Recreation Programs
APPROVE a contract with Enterprise Rent-A-Car in an amount not-toexceed $90,000 to cover outstanding passenger van rental invoices from July 1, 2025, to present and projected van rental costs through June 30, 2026, for Recreation programming – Public Works
Department/Community Services Department (Daniel Chavarria 510-620- 5478/Darin Fitzpatrick 510-231-3044).

O. BUDGET SESSION
O.1 Charter Article 15 Review – Richmond Fund for Children and Youth Review RECEIVE a presentation on Article 15 of the Charter regarding the Richmond Fund for Children and Youth and PROVIDE DIRECTION regarding renewal provisions and options – City Manager’s Office/Finance Department (Shasa Curl/Patrick Seals 510-620-6512/Emily Combs/Antonio Banuelos 510-620-6542). (At approximately 7:00 p.m., a motion by Mayor Martinez, seconded by Councilmember Bana, to reduce the public comment time limit for each speaker from two minutes to one minute, failed by the following vote: Ayes:

Councilmembers Bana, Zepeda, and Mayor Martinez. Noes: Councilmembers Jimenez, Wilson, and Vice Mayor Robinson. Abstentions: None. Absent:

Councilmember Brown).

Administrative Chief Patrick Seals and Account Manager Antonio Banuelos introduced the matter and presented a PowerPoint: Link to view Article 15 of the Charter regarding the Richmond Fund for Children and Youth The following individuals gave comments in person:

Cordell Hindler, Andrea Landin, Oscar Rodriguez, Roxanne Carrillo Garza, Darcy Wheeler, Elijah Jimenez, Miranda Torres, Ashly Calderon, Kimberly AcevesIniguez, Esmeralda Hernandez, Angela Hernandez, Lavander Stewart, Nuelani Stewart, Eric Aaholm, Neyshell Carmona, Daron Allen, Elias Avalos, Larry Caldwell, Gemikia Henderson, Cesia Behavides, Alise Bell, Angelica R, Andrew 152
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Wilke, Freniesha Hollman, Khloe Zapanta, Christine Hikido, Oliver Rodriguez, Ben Enos, Evelyn Nunez, Ruthie Dineen, Jenny Mulholland-Beahrs, Bryan Alvarez, Robert Bunce, Kanwarpal Dhaliwal, and Ryan Kazen.

The following individuals gave comments via teleconference:

Katherine, Benjamin Therriault, Leisa Johnson, Sharda Parajuli, Deborah Small, and Guadalupe Enllana.

The council received the presentation and heard public comment to consider for discussion and provide direction at its April 7, 2026, meeting.

P. PUBLIC HEARINGS
P.1 2025 California Fire Code with Local Amendments and 2025 California Wildland-Urban Interface with Local Amendments
HOLD a public hearing to INTRODUCE an ordinance (first reading) amending the Richmond Municipal Code (RMC) Article VIII (Fire) Chapter 8.16 (Fire Prevention Code) to adopt the 2025 California Fire Code with local amendments and to adopt the 2025 California Wildland-Urban Interface Code with local amendments – Fire Department (Chief Aaron Osorio 510-307-8021/Fire Marshal Dante J. Wiley 510-307-8090).

City Clerk Pamela Christian announced that it was time, pursuant to public notice, to hold a public hearing. Fire Chief Aaron Osario introduced the matter. Fire Marshal Dante Wiley presented a PowerPoint. Link to view 2025 California Fire Code and Wildland-Urban Interface Code Adoption. Mayor Martinez declared the public hearing opened. There were no public speakers. Mayor Martinez closed the public hearing. Discussion ensued.

Motion by Councilmember Bana
Seconded by Councilmember Jimenez
To introduce said ordinance for first reading and lay over for two weeks for the second reading.

Ayes (6): Councilmember Bana, Councilmember Jimenez, Councilmember Wilson, Councilmember Zepeda, Vice Mayor Robinson, and Mayor Martinez.

Absent (1): Councilmember Brown.

Passed 6 to 1
Q. STUDY AND ACTION SESSION
Q.1 Update Regarding the City’s Ongoing and Planned Efforts Related to Immigration Enforcement Actions
RECEIVE an initial report regarding the City’s ongoing and planned efforts related to safeguarding residents from federal civil immigration enforcement actions, including U.S. Customs and Immigration Enforcement (ICE) raids – City Manager’s Office/City Attorney’s Office (Shasa Curl/Shannon Moore 510-620- 6512). This item was continued from the March 3, and March 17, 2026, meetings.

Project Manager Gabino Arredondo introduced the matter. Mr. Arredondo, Chief of Police Timothy Simmons, and Senior Assistant City Attorney Kimberly Chin presented a PowerPoint. Link to view Safeguard Richmond Update and Implementation Strategy. Deborah Small gave comments via teleconference.

Discussion ensued. The council requested the following: provide the final version 153
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of the PowerPoint; clarify how the Immigrant Legal Services and Public Awareness Plan defined low-income; consider activating the Coqui community alert application and using existing city tools to notify the community when immigration forces were in the city; and establish an ad-hoc committee to include Councilmember Jimenez, Vice Mayor Robinson, and Mayor Martinez. (At approximately 9:58 p.m., a motion by Councilmember Jimenez, seconded by Councilmember Bana, to extend the meeting to discuss Item Q.2, passed by the following vote: Ayes: Councilmembers Bana, Jimenez, Wilson, Zepeda, Vice Mayor Robinson, and Mayor Martinez. Noes: None. Abstentions: None.

Absent: Councilmember Brown).

Q.2 Cheese Park (La Moine Park) Improvements—Permanent Restrooms, Drinking Fountain, Playground Safety, Toddler-Area Fencing, Children’s Bike Garden, and Completion of Volunteer-Led Repainting ADOPT a resolution to DIRECT City staff to prepare a comprehensive work plan for improvements at Cheese Park (La Moine Park), including permanent restrooms, a drinking water fountain, playground restoration, safety fencing around the toddler area, completion of repainting started by volunteers, a design of park facilities that include sports courts, senior activity spaces, teen activity areas, and exercise/fitness amenities in consultation with the community, and improving the drainage for the area adjacent to the park that has historically been used as a soccer field, to restore its usability for soccer and other active recreation; and IDENTIFY feasible funding sources in Fiscal Year 2026–27 Capital Improvement Program and operating budget process - Councilmember Soheila Bana (510-672-3490)/Councilmember Claudia Jimenez (510-620-6565).

This item was continued from the March 3, and March 17, 2026, meetings.

Councilmembers Bana and Jimenez introduced the matter and presented a PowerPoint slide. Link to view Richmond Park Master Plan Community Park Characteristics. The presenters suggested the following: add all parks and projects in need of funding to the Capital Improvement Project (CIP) plan; develop the existing unusable playing field into a soccer field; and consider equity for Council District 4. The following speakers gave comments in person: Don Gosney, Teri Edlinger, and Jamin Pursell. Arto Rinteela gave comments via teleconference. Discussion ensued. The council requested the following: the number of community parks in Richmond that did not have amenities or restrooms; the bathroom status of community parks to date; the process for placing projects on the CIP list and the reason Cheese Park stayed off the list for so long; and consider the accessible parking requirement.

Main Motion by Councilmember Bana
Seconded by Councilmember Jimenez
To request staff return to the April 21, 2026, City Council meeting with responses to the council's questions and an explanation for the CIP projects process, including how Council District 4 was excluded. The motion maker restated the motion as follows: Allow city staff to work on the project to come up with answers to all the questions asked regarding parks and restrooms, including how the CIP budget had been allocated in the past, and District 4 had been neglected, for the council to decide at its April 21, 2026, meeting.

Further discussion ensued. The council suggested the following: prioritize areas that did not have parks; place quick bathrooms at existing parks; consider a CIP plan specifically for parks; a presentation from the Recreation and Parks Commission on the status of its assigned parks; and utilize the city's Facilities and Parks Maintenance Assessment programmatic approach and project ranking 154
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process. The council requested the following: a table of all community parks and amenities with approximate costs to determine priorities; and a table of all CIP projects in the past five years, listed for the next decade, and based on the district.

Restated Main Motion by Councilmember Bana
Seconded by Councilmember Jimenez
To direct staff to bring back all the responses to the council's questions; a table of community parks and amenities missing with approximate costs for the council to make decisions; and CIP projects in the past five years and the next ten years, based on the district and values.

First Substitute Motion by Vice Mayor Robinson
Seconded by Councilmember Wilson
To add Cheese Park to the CIP list formerly and have it start by going through the process of being assessed using the assessment system that the city has; request the parks team to come back to give a report out on the Facilities and Parks Assessment status and next steps; and similarly, review and give an update on the programmatic approach and how it may affect moving the CIP forward.

Ayes (6): Councilmember Bana, Councilmember Jimenez, Councilmember Wilson, Councilmember Zepeda, Vice Mayor Robinson, and Mayor Martinez.

Absent (1): Councilmember Brown.

Passed 6 to 1
Second Substitute Motion by Mayor Martinez
To evaluate all parks and make a list of the parks based on their needs. Died for lack of second.

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

S. ADJOURNMENT
There being no further business, the meeting adjourned at 11:00 p.m., to meet again on April 7, 2026, at 6:00 p.m.

Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Mayor
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RICHMOND, CALIFORNIA,
April 21, 2026, 3:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION Mayor Eduardo Martinez called the meeting to order at 3:30 p.m.

B. ROLL CALL

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

None.

Councilmember Cesar Zepeda joined the entire meeting via Zoom due to illness.

C. CLOSED SESSION
C.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
 Title: City Manager
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
• Agency Representatives: Sharrone Taylor, Jack Hughes, and 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.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: 1414 Harbour Way South
 Agency Negotiator: Dave Aleshire (Special Counsel)
 Negotiating Parties: Orton Entertainment, LLC
 Under Negotiation: Price, Terms of Payment
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
Cordell Hindler gave comments in support of a positive evaluation of the city manager and union negotiations.

Ben Therriault stated that the city manager should receive a 360-performance evaluation. 156
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Don Nelson gave comments regarding favorable RPOA union negotiations.

E. ADJOURN TO CLOSED SESSION
Open Session adjourned at 3:39 p.m. Closed session adjourned at 6:06 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The meeting was called to order at 6:08 p.m. by Mayor Eduardo Martinez.

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

H. ROLL CALL

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

None.

Councilmember Cesar Zepeda joined the entire meeting via Zoom due to illness.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
None.

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
 Title: City Manager
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor, Jack Hughes, and 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.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: 1414 Harbour Way South
Agency Negotiator: Dave Aleshire (Special Counsel)
Negotiating Parties: Orton Entertainment, LLC
Under Negotiation: Price, Terms of Payment
No final action was taken on any of the Closed Session items. 157
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L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl presented the report.

Link to report: CM Report
City Manager Curl stated she would retire once the city completed the renovations of Boorman, Wendell, and Shields-Reid parks.

M. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
M.1 American Public Works Association (APWA) NorCal Best Project Award RECEIVE the American Public Works Association (APWA) Northern California Chapter Best Project Award in the Transportation Category (Projects Under $5 Million) for the Ferry to Bridge to Greenway (F2B2G) Project - Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-620-5477).

Public Works Director Daniel Chavarria and Brian Balvo from the American Public Works Association gave an overview.

The following individuals gave comments: Cordell Hindler, Hillal Hamdan, Wendy Wellbrock, Josef Munoz, Daniel Chavarria, Bruce Brubaker, Bruce Beyaert, and Patrick Phelan.

Discussion ensued and the award was received.

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 various possible uses of the $550 million from Chevron to improve the city.

Don Gosney invited applicants to join the Plumbers & Steamfitters Local 342. More information could be obtained by contacting Don Gosney at 510-685-2403 or by e-mail at [email protected].

Lily Rahema gave comments regarding Chevron's community action plan.

Cindy Haden thanked the city council for returning Detective Hodges to duty.

Elizabeth Woods gave comments regarding structural concerns with the Nevin Plaza reconstruction.

Michael Hibma requested traffic calming infrastructure on Grant Avenue.

Margarita Mitas gave comments regarding recent projects planned at Marina Bay which would impact residents negatively.

Lynne Therriault expressed concern about her inability to reach Councilmember Wilson regarding issues related to Marina Bay.

Mark Wassberg played an audio of Martin Luther King.

Ashton Demond urged the city t install audio crossing signals for visually impaired persons.
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Bielle Moore introduced herself as the new PG&E point of contact for West Contra Costa Ben Therriault gave comments regarding the police department staffing levels.

The following individuals gave comments via Zoom:

Julie Freestone gave comments regarding the elimination of illegal fireworks in the city.

Samantha Torres from the Richmond United Soccer stated that there was a Club Fifa Fans Watch party in partnership with the SS Red Oak Victory and East Brother Beer Company. Ms. Torres also reinforced the need for the Macdonald mini field project.

Susan Lustig stated that the landscaping at Marina Bay was neglected due to lack of personnel available to perform the work.

Annie King-Meredith stated that the restrooms at the Earth Day at Wildcat Creek event were not maintained and were very dirty.

Arto Rinteela invited everyone to the Mayoral Conference hosted by the FairmedeNeighborhood Council on April 23, 2026, at 6:30 p.m. at Hilltop Community Church.

Mark S gave comments regarding the Richmond Progressive Alliance.

Claudia Citreon stated City Manager Shasa Curl did a good job. Ms. Citreon also stated better solutions for speeding in the North and East neighborhood were needed.

Lori Hart thanked the city manager for her achievements, leadership and accomplishments.

Tarnel Abbott gave comments regarding the threats of artificial intelligence 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 Vice Mayor Doria Robinson
Ayes (7): Councilmember Soheila Bana, Councilmember Jamelia Brown, Councilmember Claudia Jimenez, Councilmember Sue Wilson, Councilmember Cesar Zepeda, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez Passed
O.1 City Attorney's Office
O.1.a Establishing a Commitment to Caste Equity and the Prevention of CasteBased Discrimination ADOPT a resolution establishing a Commitment to Caste Equity and the Prevention of Caste-Based Discrimination and INTRODUCE an ordinance (first reading) amending sections 3.58.010, 3.58.020, and

3.58.060 of the Richmond Municipal Code to add caste as a protected category within the jurisdiction of the City’s Human Rights and Human Relations Commission – City Attorney’s Office (Shannon Moore 510-620- 6505/Dallae Chin 510-620-5517/Brandi Robinson 510-620-5518).

Adopted Resolution No. 49-26.
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O.1.b Amending Richmond Municipal Code Chapter 2.30 regarding Use of City Resources for Civil Immigration Enforcement
ADOPT an ordinance (second reading) amending Richmond Municipal Code Chapter 2.30 to clarify limitations on the use of city property, personnel, and resources for civil immigration enforcement and develop implementation procedures, including communications plans, and reporting requirements – City Attorney’s Office (Shannon Moore 510-620- 5509/Kimberly Chin 510-620-6709).

Adopted Ordinance No. 05-26 N.S.

O.2 City Clerk's Office
O.2.a Records Retention and Destruction Schedule Update ADOPT a resolution approving updates to the City-wide Records Retention and Destruction Schedules, excluding the Police Department, which will be brought back to City Council for adoption at a later date – City Clerk’s Office (Pamela Christian 510-620-5413). This item was continued from the March 24, and April 7, 2026, meetings.

Adopted Resolution No. 50-26.

O.3 City Council
O.3.a Letter to Governor Gavin Newsom to Stop the Illicit Importation of Illegal Fireworks from Nevada
ADOPT a resolution to DIRECT the city clerk to send a letter to California State Governor Gavin Newsom in support of developing a task force to explore an interstate compact between California and Nevada to stop the illicit importation of illegal fireworks from Nevada into California via a shared database of recorded sales - Councilmembers Claudia Jimenez (510-620-6565) and Sue Wilson (510-609-2111).

Adopted Resolution No. 51-26.

O.3.b Support for 2026 Mother’s Day event at the Richmond Memorial Auditorium
APPROVE the co-sponsorship of the May 9, 2026, Mother's Day event, and AUTHORIZE the one-time use and fee waiver of the Richmond Auditorium to support a community-led Mother’s Day Event celebration organized by the United Business Organization - Vice Mayor Doria Robinson (510-620-6568), Councilmember Soheila Bana (510-672-3490), and Mayor Eduardo Martinez (510-620-6503).

O.3.c Support for Senate Bill 959 Regarding Local Fire Agency Authority and School Safety Measures During Wildfire Emergencies
ADOPT a resolution supporting California Senate Bill 959 to empower local fire agencies to determine major safety hazards and protect school funding during extreme wildfire emergencies - Councilmember Soheila Bana (510-672-3490).

Adopted Resolution No. 52-26.

O.4 Community Development
O.4.a Potential Moratorium on Data Centers
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DIRECT the city manager and city attorney to work with Planning staff to develop and bring forward a proposed moratorium on data centers – City Manager’s Office/Community Development Department/City Attorney’s Office (Shasa Curl 510-620-6512/Lina Velasco 510-620-6841/Shannon Moore 510-620-6509).

O.5 Community Services
O.5.a Contract with West Contra Costa Public Education Fund for Free Youth Achieve Summer Camp Program
APPROVE a contract with West Contra Costa Public Education Fund to offer the Achieve Summer Camp Program, providing free programs to youth through an 8-week summer camp in partnership with Community Services–Recreation, for the term of January 1, 2025, through December 31, 2027, in an amount not to exceed $600,000 – Community Services Department (Troy Porter/Ranjana Maharaj/LaShonda White 510-620- 6793).

O.5.b California State Library – Lunch at the Library Grant ACCEPT $9,000 in California State Library grant funding and APPROPRIATE the funds into the Library’s Fiscal Year 2025-2026 operating budget; and AUTHORIZE the city manager or their designee, to execute grant agreements and certify grant reports - Community Services Department (Christopher Larsen 510-620-5524/Kate Eppler 510-620- 5452).

O.6 Finance Department
O.6.a Update on the Sanctuary City Contracting and Investment Policy Ordinance
RECEIVE a written update regarding the steps taken to ensure compliance with the Sanctuary City Contracting and Investment Policy Ordinance – Finance Department (Emily Combs, Mubeen Qader, Antonio Banuelos, Ofelia Alvarez 510-620-6699).

O.7 Public Works
O.7.a Accept the 7th Street Bike Lane Improvement Project as Complete ADOPT a resolution to ACCEPT the 7th Street Bike Lane Improvement Project as complete, AMEND the construction contract with Rapid Grading increasing the payment limit in the amount of $121,202.70 for an amount not to exceed $420,038.73, DIRECT the city clerk to record the Notice of Completion, and AUTHORIZE the city engineer to release applicable bonds and retention – Public Works Department (Hillal Hamdan 510-621-1612/Robert Armijo 510-620-5477).

Adopted Resolution No. 53-26.

O.7.b Purchase of K-Rails and Natural Stone Boulders from First Vanguard Rentals & Sales, Inc. and Blue Angel International, LLC ADOPT a resolution to APPROVE the purchase of K-rails and natural stone boulders for City-wide encampment mitigation, right-of-way protection, and site hardening efforts from First Vanguard Rentals & Sales, Inc. and Blue Angel International LLC, each for a three-year term in an amount not to exceed $450,000, with the option to extend for two 161
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additional one-year terms in an amount not to exceed $150,000 per year, subject to city manager approval – Public Works Department (Daniel Chavarria 510-620-5478/ Darin Fitzpatrick 510-231-3044).

Adopted Resolution No. 54-26.

O.7.c March 2026 Abatement Report
RECEIVE a report on the March 2026 abatement activities – Public Works Department (Daniel Chavarria 510-620-5478/Darin Fitzpatrick 510-231- 3044/Hugo Mendoza 510-231-3030).

O.7.d Contract with Larry Walker & Associates for Wastewater and Stormwater Regulatory Compliance Support
ADOPT a resolution to APPROVE a sole-source contract with Larry Walker & Associates, Inc., to provide wastewater and stormwater regulatory compliance support services, in an amount not to exceed $900,000 ($806,400 in anticipated costs plus an 11.6% contingency for unanticipated regulatory responses) for a three-year term from April 22, 2026, through April 21, 2029, and AUTHORIZE the city manager to execute the contract and any related documents – Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-620- 5477/Tawfic Halaby 510-620-5482/Bradley Harms 510-307-8094).

Adopted Resolution No. 55-26.

P. NEW BUSINESS
P.1 Revenue Enhancement and Financing Recommendations for Advanced Life Support (ALS) First Responder Services and Fire Station Upgrades RECEIVE a report on revenue enhancement and financing options to support Advanced Life Support (ALS) First Responder Services and fire station upgrades and replacements, and PROVIDE DIRECTION to the city manager on preferred revenue and financing pathways, including whether to proceed with preparation for a potential November 2026 funding measure – Fire Department/Finance Department/City Manager’s Office (Chief Aaron Osorio 510-307-8021/Emily Combs 510-890-5534/Shasa Curl 510-620-6512).

City Manager Shasa Curl gave an overview.

Fire Chief Aaron Osorio and Finance Director Emily Combs presented a PowerPoint.

Link to presentation: ALS First Responder Report
Supervisor John Gioia and Irania De La Mora gave comments in person.

Tarnel Abbott gave comments via Zoom.

Discussion ensued.

The city council requested the following information: the number of Richmond residents that are uninsured; can those that make more be taxed more; and what is the cost of the seismic upgrades for Station 61 dormitories.

A motion was made as follows to direct the city manager to proceed with polling the public on preferred revenue and financing pathways for ALS and capital needs.
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Motion by Mayor Eduardo Martinez
Seconded by Councilmember Jamelia Brown
Ayes (7): Councilmember Soheila Bana, Councilmember Jamelia Brown, Councilmember Claudia Jimenez, Councilmember Sue Wilson, Councilmember Cesar Zepeda, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez Passed
P.2 Approval of the Donation Agreement for Leasehold Interests and Joint Escrow Instructions for Craneway Property.

ADOPT a resolution approving a Donation Agreement between the City of Richmond and Orton Entertainment, LLC for the donation of said leasehold interests and related personal property located at 1414–1422 Harbor Way South, and authorizing the Mayor or designee to execute the agreement and all necessary documents, including escrow instructions, and to take all actions necessary to complete the transaction – Special Counsel, Dave Aleshire (949) 223-1170.

Special Council Dave Aleshire and Anne Lanphar presented a PowerPoint.

Link to presentation: Craneway Property Donation
Cordell Hindler and Irania de La Mora gave comments in person.

Tarnel Abbott gave comments via Zoom.

The updated resolution was posted online and available in the council chambers.

A motion was made as follows to deny the donation agreement between the City of Richmond and Orton Entertainment, LLC for the donation of said leasehold interests and related personal property located at 1414–1422 Harbor Way South failed by the following vote:

Motion by Councilmember Soheila Bana
Seconded by Councilmember Jamelia Brown
Ayes (3): Councilmember Soheila Bana, Councilmember Jamelia Brown, and Councilmember Cesar Zepeda
Noes (3): Councilmember Claudia Jimenez, Councilmember Sue Wilson, and Mayor Eduardo Martinez
Abstentions (1): Vice Mayor Doria Robinson
Failed
A motion was made as follows to accept the donation agreement between the City of Richmond and Orton Entertainment, LLC for the donation of said leasehold interests and related personal property located at 1414–1422 Harbor Way South, and authorizing the mayor or designee to execute the agreement and all necessary documents, including escrow instructions, and to take all actions necessary to complete the transaction failed by the following vote:

Motion by Councilmember Sue Wilson
Seconded by Councilmember Claudia Jimenez
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Ayes (3): Councilmember Claudia Jimenez, Councilmember Sue Wilson, and Mayor Eduardo Martinez
Noes (4): Councilmember Soheila Bana, Councilmember Jamelia Brown, Councilmember Cesar Zepeda, and Vice Mayor Doria Robinson Failed
Q. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) None.

R. ADJOURNMENT
There being no further business, the meeting adjourned at 10:38, to meet again on April 28, 2026, at 6:00 p.m.

Clerk of the City of Richmond Mayor
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May 19, 2026
City Council
DATE: May 19, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Councilmember Claudia Jimenez
Subject: Waiver of Auditorium Fees, Staffing Costs, and Other Associated Costs to Support the West Contra Costa
Unified School District Latino/x Graduation at the
Richmond Memorial Auditorium and Convention Center
FINANCIAL IMPACT: The total fiscal impact is unknown at this time and will include, but may not be limited to the fee waivers for the Richmond Memorial Auditorium, inspection fees, and
overtime for City personnel in various departments.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Currently, the rental costs are cost prohibitive for West Contra Costa Unified School District (WCCUSD) and this
community event exceeds $50–$100 per hour, per
officer, and it is currently outside the district’s allocated budgetary provisions.

Holding this event as a ‘city-sponsored event’allows for fee waivers when an event provides a direct benefit to
the local community. This support ensures that public
safety remains a priority without depleting educational funds.

RECOMMENDED ACTION: REQUEST the city manager issue fee waivers to West Contra Costa Unified School District for the use of the Richmond Memorial Auditorium in 2026 for the Latino/x
Graduation Ceremony or Ceremonies, and AUTHORIZE
the city manager or their designee to expend City
resources to support the graduation, which may include
overtime from Police, Fire, Public Works, Community
AGENDA
REPORT
165

May 19, 2026
Services, and other departments as required -
Councilmember Claudia Jimenez (510-620-6565).

DISCUSSION:

The City of Richmond is defined by its rich cultural tapestry, with Hispanic and Latino residents comprising over 45 percent of the municipal population. This demographic strength is reflected in our schools, where over 50 percent of the student body identifies as Latino/x. Establishing a dedicated commencement ceremony is a strategic priority to honor the academic resilience of these students and celebrate the city's historic roots.

The West Contra Costa Unified School District (WCCUSD) requests the City waive both the rental fees for the Richmond Auditorium and all associated City of Richmond Police, Fire, Public Works, Community Services, and other staffing fees to accommodate this historic event for the Class of 2026 Latino/x Graduation Ceremony. Given that the Auditorium has a capacity of 3,600, and following review of the Special Event Permit associated with this request, the City of Richmond may recommend that WCCUSD consider expanding graduation ceremonies across additional days, subject to Auditorium availability, to ensure adequate accommodation for family attendance. This approach would also require WCCUSD to provide appropriate operational support, including additional staffing and/or security as needed.

Currently, the facility rental is cost prohibitive for WCCUSD, and this community event exceeds $50–$100 per hour, per officer, and it is currently outside the district’s allocated budgetary provisions.

The projected attendance for this event exceeds 1,000 graduates plus their families, necessitating a venue and safety plan that goes beyond the district’s current infrastructure:
 Capacity Limitations: Current district and local collegiate facilities are insufficient to safely house a gathering of this magnitude.  Public Safety Requirements: To ensure a secure and orderly environment, professional crowd control and traffic management are essential.  Fiscal Impact: Standard commercial rental rates and police detail fees often exceed $50–$100 per hour per officer and are currently outside the district’s allocated budgetary provisions. Costs associated with fire-related inspections and personnel are also required for events of this magnitude.

Holding this event as a ‘city-sponsored event’ reinforces productive inter-agency partnership between the WCCUSD and the City of Richmond and provides a direct benefit to the local community. It represents a visible commitment to the safety and 166

May 19, 2026
success of our Latino/x youth and ensures that public safety remains a priority without depleting educational funds.

City staff will continue to work with WCCUSD staff to ensure that City processes and requirements are met, and that the event is safe for students and families to attend.

Proposed Event Details (Dates and Times May Expand Due to the Number of Participants):

Date: May 30, 2026
Setup: 12:00 PM to 5:00 PM (May 29, 2026)
Event Start: 3:00 PM (May 30, 2026)
Event End/Breakdown: 6:00 PM to 8:30 PM (May 30, 2026)
Venue: Richmond Memorial Auditorium (403 Civic Center Plaza) DOCUMENTS ATTACHED:

Attachment 1 – DRAFT Permit# R3531- cost estimate
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# R3531 Status Tentative Page 3 of 4
Deposit and any portion of the Rental Fee paid by the Renter. However, Renter(s) may cancel the reservation by notifying the City's Recreation Department in writing.

CANCELLATIONS
Deposits and Rental Fees may be refunded if an event is cancelled based upon the following days and cancellation deadlines. • 31 Days or more prior to the event –100%
• 30 days or less – No refunds will apply.

Return of any deposit by City to Renter will take a minimum of four weeks after last date of rental. (b) Rental Payments. Renter shall pay to City as rental, without deduction, setoff, prior notice or demand, the sum listed under “CHARGES” given, on the Permit at least thirty (30) days prior to the first day of use of the Premises. Failure to make the payment(s) as required herein rescinds this Agreement. (c) Rental Fee Adjustments. If Renter is qualified under City adopted provisions for a fee adjustment, then the fee adjustment applied to this Facility Agreement is stated in the Permit and rental fees have been adjusted accordingly. If the line is blank, then no adjustment has been applied to Rental. (d) Payment Schedule. Balance of rental due and payable immediately.

6. Signs
Renter agrees that no signs or placards of an advertising or promotional nature shall be painted, inscribed or placed in or on the Premises or on any building or structure located thereon without the prior written consent of the City which consent will not be withheld unreasonably. Renter agrees to remove promptly and to the satisfaction of the City, at the cost and expense of Renter, upon the expiration of the term or the earlier termination of this Rental Agreement, any and all signs and placards placed by it upon the Premises.

7. Indemnification
Renter shall indemnify and save City, its agents, officers and employees harmless from and against any and all liability, claims, suits, actions, damages, penalties and/or causes of action except with regard to the negligent acts or omissions of the City of Richmond arising during, or from, the term of this Rental Agreement out of any personal injury, bodily injury, loss of life or damage to the property, violation of any federal, state or municipal law or ordinance or other cause in connection with the use of the Premises by Renter, its employees and agents under this Rental Agreement of the Premises including all costs, counsel fees expenses incurred in obtaining expert testimony and the attendance of witnesses, expenses and liability incurred in and about such claim, the investigation thereof or the defense of any action or proceedings brought thereon and from against any orders, judgments, or decrees which may be entered therein. Approval of insurance coverage does not relieve Renter of liability under this Indemnification Clause

8. Insurance
(a) Worker’s Compensation. Renter, at its own cost, shall carry and maintain statutory Worker’s Compensation Insurance and Employers’ Liability Insurance for death or injury to employees to the extent required by law, with limits not less than one million dollars ($1,000,000.00) with an insurance carrier satisfactory to City at all times during the term of this Rental Agreement, or any extension thereof. Policy shall provide that no cancellation, major change in coverage or expiration shall become effective or occur until at least ten (10) days after receipt of such notice by City. In the event Renter is self-insured, it shall furnish Certificate of Permission to self-insure signed by the Department of Industrial Relations Administration of Self-Insurance in Sacramento, California. (b) Liability and Property Damage. Renter at its own cost shall maintain comprehensive liability and property damage insurance for the period of this Rental Agreement or any extension in the amount of one million dollars ($1,000,000.00) per occurrence combined single limit coverage. Such coverage shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property resulting from the use of the Premises contemplated under this Rental Agreement, use of owned and non-owned automobiles, products and completed operations. Such insurance shall be with insurers and under forms of polices satisfactory in all respects to City’s Counsel and shall provide that notice must be given to City at least thirty (30) days prior to cancellation or material change.

The following endorsements shall be attached to the policy: (1) Policy shall cover on an occurrence basis. (2) Policy must cover personal injuries as well as bodily injuries.

Exclusion of contractual liability must be eliminated from personal injury endorsement. (3) Policy must cover contractual liability by amending definition of “incidental contract” to include any written contract. (4) City of Richmond, its officers and employees shall be named as additional insured, and the policy shall stipulate that no other insurance affected by City will be called upon to contribute to a loss suffered by Renter hereunder. (5) Liability policy shall provide Bailee’s coverage on property in Renter’s care, custody, and control.

9. No Duty to Guard Goods
City shall have no liability for any loss or damage to the goods, property and equipment of Renter or third persons, in connection with or remaining upon the Premises irrespective of the source of such loss or damage.

10. Sub Rental Agreement and Assignment
Renter shall not voluntarily assign or encumber its interest in this Rental Agreement or in the Premises, or Sub Rental Agreement all or any part of the Premises, or allow any other person or entity to occupy or use all or any part of the Premises without first obtaining City’s written consent.

11. Events of Default
If Renter defaults in the performance of any of the covenants, conditions, or agreements contained in this Rental Agreement, then Renter shall be deemed to have breached the Rental Agreement and City may rescind or terminate this Rental Agreement immediately by giving notice to the other party.

12. Inspection of Premises
The City may access the Premises at any and all reasonable times on and during the day of operation for the purpose of determining whether or not the Renter is complying with the conditions hereof or for any other purpose incidental to the rights of the City.

13. Nondiscrimination
Renter herein covenants by and for itself, its agents, employees and officers and all persons claiming under or through it that this Rental Agreement is made and accepted upon subject to the following conditions:

That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, sex, national origin, or in ancestry, in the renting, subrenting, contracting, subcontracting, transferring, use, occupancy, tenure, or enjoyment of the Premises herein Rental Agreement and assigned; nor shall Renter itself, nor any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of renters, lessees, sub lessees, sub renters, users or vendors in the Premises herein Rental Agreement and assigned.

14. Waiver - No delay or omission in the exercise of any right or remedy of City on any default by Renter shall impair such a right or remedy or be construed as a waiver.

15. Other - The City may impose Non-Refundable extra fees as follows: Application Processing Fee; Late Set-up/Changes Fee; and Rental Cancellation/Date Change Fee.

IN WITNESS WHEREOF, the parties have executed this Facility Use Agreement and Park Use Permit as of the date printed on the Permit. Renter and City hereby specifically agree to be bound by the provisions in the Facility Rental Agreement and Park User Permit. Renter further acknowledges by execution of this Agreement, that Renter has read and is familiar with and agrees to the provisions in the Facility Use Agreement and Park Use Permit. 170
# R3531 Status Tentative Page 4 of 4
X:

Date:

WCCSUD
Customer Type: WCCUSD GROUP
Customer ID: 59193
Mailing Address: 1108 Bissell Ave, Richmond, CA
94801
Organization Phone 1 Number: (510) 231-1100
Organization Phone 2 Number:

Authorized Agent Name:

Home Phone Number:

Email Address
X:

Date:

Richmond Recreation Complex
Mailing Address: 3230 Macdonald Avenue, Richmond, CA
94804
Phone Number: (510) 620-6793
Fax Number: (510) 620-6583
Email Address: [email protected]
Payment Schedules Original Balance: $3,448.50 Current Balance: $3,448.50

DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE May 7, 2026 $3,448.50 $0.00 $0.00 $3,448.50
171

May 19, 2026
Community Development
DATE: May 19, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Eva Mann, Code Enforcement Manager
Subject: On-Call Contracts with Nastich Law and Robert M.

Snider, Attorney at Law for Administrative Hearing Officer Services
FINANCIAL IMPACT: The proposed on-call contracts authorize up to $300,000 per firm over a three-year term. Administrative Hearing Officer services will be funded through administrative
citation and appeal fees and are included within the
approved fiscal year 2025-2026 Community
Development Department budget and will be budgeted
accordingly in subsequent fiscal year budgets (Account
String: 400201.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Community Development Department is requesting
authorization to establish an on-call list of vendors to provide Administrative Hearing Officer services on an asneeded basis. Establishment of this list will ensure the City has a consistent and reliable process in place to
conduct administrative hearings in a timely and impartial manner, while maintaining full compliance with applicable Municipal Code provisions and due process
requirements.

AGENDA
REPORT
172

May 19, 2026
RECOMMENDED ACTION: ADOPT a resolution authorizing on-call contracts with Nastich Law and Robert M. Snider, Attorney at Law, to
provide Administrative Hearing Officer services, for an amount not to exceed $300,000 per firm, for a three-year term - Community Development Department (Lina
Velasco/ Eva Mann 510-621-1283).

DISCUSSION:

Richmond Municipal Code (“RMC”) Sections 1.14.070 and 2.62.080 authorize the appointment of a neutral and impartial Administrative Hearing Officer to conduct administrative hearings. These hearings provide due process to responsible parties and ensure an independent review of administrative determinations made by the City.

Pursuant to RMC Sections 1.14.060 and 2.62.060, any responsible party who has been issued an administrative citation by the City may request an administrative hearing to contest the issuance, amount, or validity of the citation. Administrative Hearing Officers serve a critical role in this process by presiding over hearings, evaluating evidence, issuing written decisions, and ensuring compliance with applicable municipal codes.

Currently, the Code Enforcement Division relies on City staff to serve as Administrative Hearing Officers, which results in scheduling challenges and delays in providing timely due process to responsible parties. Utilizing independent Administrative Hearing Officers, rather than City employees, promotes neutrality in the administrative hearing process.

Summary of Procurement Process
On October 24, 2025, the Code Enforcement Division issued a Request for Proposals (RFP) to solicit qualified Administrative Hearing Officers to provide services on an asneeded basis. The RFP was posted through the City’s BidsOnline System, which notified 1,023 firms. Of those firms, 20 downloaded the RFP, and four (4) firms submitted proposals (Attachment 1).

A review panel comprised of staff from the Code Enforcement Division and Finance Department evaluated the proposals based on the following criteria: (1) Qualifications and Experience, (2) Scope of Services, (3) Cost Proposal, and (4) References.

Following the evaluation, one firm was disqualified for submitting an incomplete application Based on staff’s review of the proposals and evaluation results, two firms are recommended for on-call contracts to ensure continuity of services, scheduling flexibility, and the availability of qualified neutral hearing officers (Attachment 2). The third firm is not recommended due to its limited experience providing the requested services.
173

May 19, 2026
The following firms are recommended for award of on-call contracts::

1. Nastich Law

2. Robert M. Snider, Attorney at Law
Each contract will be for a three (3) year term, allowing the City to efficiently and consistently administer administrative hearings in compliance with the Richmond Municipal Code and due process requirements.

The appointment of qualified Administrative Hearing Officers ensures that the City maintains a fair and transparent administrative citation program that serves the interests of both the City and its residents. City staff recommend that the City Council adopt a resolution to approve the proposed on-call Administrative Hearing Officer service contracts to support the City’s code enforcement and administrative hearing functions and authorize expenditures of up to $300,000 per firm over the three-year contract term (Attachment 3). Approval of the contracts will ensure the continued availability of qualified hearing officers to conduct administrative hearings and appeals in accordance with the Richmond Municipal Code.

SYNERGISTIC POLICIES:

The proposed on-call contracts support implementation of the following ordinances.

Specifically, Richmond Municipal Code (RMC) Chapter 1.14 - General Administrative Provisions which call for the city to establish general administrative hearing procedures, defining the authority and scope of hearing officers, and setting standards for impartiality and neutrality. Additionally, it also implements RMC Chapter 2.62 - Administrative Citations which calls for the City to establish the primary framework for issuing administrative citations, provide due process procedures for contested citations; and set fine amounts and escalation schedules.

DOCUMENTS ATTACHED:

Attachment 1 – BidsOnline Report
Attachment 2 – Rating Matrix
Attachment 3 – Resolution
174
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City of Richmond
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City of Richmond
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Evaluator 1 Evaluator 2 Evaluator 3 Total Score Rank
1 Nastich Law 98 80 98 276 1
2 Palacios Law Office
3 Robert M. Snider 97 69 97 263 2
4 Sunshine Enterprise USA LLC Not Recommended - No Relevant Experience

ADMINISTRATIVE HEARING OFFICER
Request for Proposal (RFP)
December 11, 2025
Vendor
Disqualified - Incomplete Application
292
Reso. No. _____

RESOLUTION NO. ______

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

CALIFORNIA, AUTHORIZING CONTRACTS FOR ON-CALL

ADMINISTRATIVE HEARING OFFICER SERVICES, IN AN AMOUNT NOT TO EXCEED $300,000 PER FIRM, OVER A THREE-YEAR TERM
WHEREAS, Richmond Municipal Code ("RMC") Sections 1.14.070 and 2.62.080 authorize the appointment of neutral and impartial Administrative Hearing Officers to conduct administrative hearings on behalf of the City; and
WHEREAS, the Community Development Department anticipates an ongoing need for Administrative Hearing Officer services to conduct administrative hearings in a timely and impartial manner; and
WHEREAS, the City’s current process of relying on City staff to conduct administrative hearings results in scheduling challenges which cause delays in providing timely due process to responsible parties; and
WHEREAS, on October 24, 2025, the Community Development Department’s Code Enforcement Division issued a Request for Proposals (RFP) for Administrative Hearing Officer Services via the City’s BidsOnline system; and
WHEREAS, a total of 1,023 firms were notified of the RFP, 20 firms downloaded the RFP, and four (4) firms submitted responses to the RFP; and
WHEREAS, an evaluation panel comprised of staff from the Code Enforcement Division and Finance Department reviewed and scored all proposals based on the evaluation criteria, including qualifications and experience, scope of services, cost proposal, and references; and WHEREAS, based on the evaluation results, the following firms are recommended for the City to enter into on-call contract for Administrative Hearing Officer services (listed in alphabetical order):
 Nastich Law
 Robert M. Snider, Attorney at Law; and
WHEREAS, the City will enter into on-call contracts with each firm, for an amount not to exceed $300,000 per firm, over a three-year term, with services to be provided on an as-needed basis; and
WHEREAS, the Community Development Department will administer and manage the contracts, and the costs of such services will be paid for using revenues collected from citations, and appeal fees.
293
Reso. No. _____

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond hereby authorizes the Community Development Department to enter into on-call contracts for Administrative Hearing Officer services with the firms listed above for an amount not to exceed $300,000 per firm over a three-year term.
******************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on May 19, 2026, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
State of California }
County of Contra Costa : ss.

City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on May 19, 2026. _______________________________________
Pamela Christian, Clerk of the City of Richmond
294

May 19, 2026
Community Development
DATE: May 19, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Jesus Morales, Housing Manager
Subject: Contract with Makanai, LLC for Budget and Reporting Support for Housing Programs
FINANCIAL IMPACT: The proposed on-call contract, in an amount not to exceed $50,000 over a three-year term, with an option to extend for one additional year, is included within the
approved fiscal year 2025-2026 Housing Administration
Fund budget and will be budgeted accordingly in
subsequent fiscal year budgets (Account String:
12031063-400201).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

In prior years, the City, via the Redevelopment Agency, managed various housing programs using federal and
state funding sources. Given there are outstanding
housing program loans related to projects and lowincome households, annual budget reporting is required.

City staff are requesting approval to enter into a threeyear contract, with a one-year extension options, with Makanai, LLC to provide on-call budget and reporting
support for these various past housing programs.

AGENDA
REPORT
295

May 19, 2026
RECOMMENDED ACTION: APPROVE an on-call contract with Makanai, LLC to provide budget and reporting support related to past
housing programs in an amount not to exceed $50,000,
for a three-year term with a term expiration of June 30, 2029, with one one-year extension option – Community
Development (Lina Velasco/Jesus Morales 510-620-
6706).

DISCUSSION:

In the past, prior to the dissolution of the Redevelopment Agency, the City of Richmond managed various housing programs using federal and state funding sources. Many of these programs provide financial support for projects or low-income households. These funds were provided in the form of loans, sometimes with and without interest. The portfolio of outstanding loans requires annual funding and reporting requirements to federal and State agencies. City staff are requesting approval to enter into a 3-year contract, with a one-year option to extend, with Makanai, LLC to provide on-call budget and reporting support for these various past housing programs.

Procurement Summary
Given the relatively low cost of the anticipated on-call support, Community Development issued direct solicitation to four firms. A Request for Qualifications (RFQ) for On-Call budget and reporting support for Housing Program funds was issued on February 19, 2026. The RFQ was sent to four firms via email as an informal solicitation. Of those firms notified, one firm submitted a response.

The RFQ response was reviewed by staff and found to meet the minimum qualifications established in the RFQ; therefore, staff is recommending the City enter into a contract with Makanai LLC to provide the on-call services.

The on-call contract is proposed to not exceed $50,000 over a three (3)-year term, with an option to extend for one (1) additional year. Establishing this on-call service contract will allow the City to efficiently provide budget support and reporting for Housing Programs during peak times of the year
DOCUMENTS ATTACHED:

Attachment 1 – Makanai LLC Contract
Attachment 2 – RFQ - Vendor Selection Memo
296

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________

2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth herein.

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

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

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

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

Community Development Lina Velasco [email protected] (510) 620-6706 17474 On-Call budget and reporting support for Housing Program funds.

Makanai LLC 975 Regal Rd Berkeley CA 94708 Rebecca Portnoy (206) 890-8374 [email protected] May 20, 2026 June 30, 2029 50,000.00 297

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

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

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

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

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

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

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)
By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________ I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)
By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)
LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
Makanai LLC
298
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT A

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

Makanai LLC
Scope of Work and Applicable Hourly Billing Rates are as follows. 299
Makanai, LLC, will provide budget support, financial analysis, and staff training related to fund management and reporting requirements for various federal and state-funded programs.

These programs and as-needed services include, but are not limited to the following:
• Assist and/or guide in the closing of various program funds, which include the Neighborhood Stabilization Program 1 and 3, Community Development Block Grant Program, and HOME. This includes assistance in navigating IDIS (Integrated Disbursement and Information System) in creating projects/activities necessary to commit and report on various program funds. • Assist in the preparation of federal and state reports required. • Provide training in general ledger funds and account analysis for the City's Housing Division program funds.
• Assist in the development of an annual budget for various programs, which includes cash flow analysis, forecast of historical and future costs, as well as revenues from all sources, and staff cost allocation.
• Monitor and provide analysis of monthly activity for conformance with budget, spending authorization, and cash flow estimates.
• Assist in training staff to generate, read, and utilize available budget reports. • Develop a general ledger quality control and reconciliation checklist to ensure the integrity of general ledger balances.
• Track issues, propose a resolution, and communicate the status towards completion of the task or issues.
• Preparation and support for inquiries from external auditors. • Assist City staff with planning and preparation of the Due Diligence Review (DDR) schedules as required by the State Department of Finance (DOF). • Budget development and monitoring for housing programs • Development of financial dashboards for program oversight • Financial analysis of housing program performance
• Support for grant and regulatory reporting requirements 300
On-Call Services
The execution of this Agreement by the Parties does not constitute authorization to proceed with any work. The City will request specific services from the Consultant for particular service needs. When services are requested, the Consultant will provide the City with a written scope of services, budget, and schedule for each work request. The City will review these materials and, if it desires the services, the City shall provide the Consultant with written authorization to proceed with the work. All work shall be completed in accordance with the schedule, budget, and scope approved in the specific work authorization. Each work authorization shall be incorporated into this Agreement as if originally set forth herein.

Hourly Billing Rates
The hourly billing rate for the Principal Consultant is $225. 301
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request. c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

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

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

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.
a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

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

Lina Velasco Lina Velasco Makanai LLC
302
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

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

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

Attn:

Email: ________________________________________________ Lina Velasco [email protected] Makanai LLC Makanai LLC 975 Regal Rd Berkeley CA 94708 [email protected] Rebecca Portnoy 303
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, Makanai LLC
304
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City. b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data. c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee. d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).
b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.

Makanai LLC
305
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

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

The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

10. CONFLICT OF INTEREST:

Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under Makanai LLC
306
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for Makanai LLC
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money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent. c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or jointventure or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add subcontractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

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

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable Makanai LLC
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federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

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

14. INSURANCE:

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

15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,

2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.

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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor. d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

Contractor agrees to abide by the terms and conditions of said policies.

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

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

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

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

24. AUTHORITY:

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

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G.

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EXHIBIT E

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

Makanai LLC
None.
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EXHIBIT F

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

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

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

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

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

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

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
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The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
Makanai LLC
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___ 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.
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___ 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. 317
___ 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.
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EXHIBIT G

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

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

By executing this statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Printed Name: Title:

Signed: Date:

Business Entity:

Rebecca Portnoy
Makanai LLC
Principal Consultant
March 27, 2026
Makanai LLC
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COMMUNITY DEVELOPMENT DEPARTMENT
450 CIVIC CENTER PLAZA, RICHMOND, CA 94804 Telephone: (510) 620-6706 Fax: (510) 620-6858

MEMORANDUM
DATE: April 14, 2026
TO: FINANCE DEPARTMENT
FROM: LINA VELASCO, DIRECTOR OF COMMUNITY DEVELOPMENT
RE: CONTRACT WITH MAKANAI LLC FOR ON-CALL BUDGET SUPPORT

IN GRANTS MANAGEMENT AND REPORTING FOR HOUSING
PROGRAMS.

On February 19, 2026, the Community Development Department Housing Division solicited a Request For Qualifications (RFQ) for On-Call Budget Support and Reporting for Housing Programs. The RFQ was sent to four vendors via email as an informal solicitation.

Request for Qualifications sent to the following vendors (see Request for Qualification):

VENDOR EMAIL
PricewaterhouseCoopers (PwC) [email protected]
No RFQ submitted
KPMG [email protected]
No RFQ submitted
Deloitte [email protected]
No RFQ submitted
Makanai LLC [email protected]
RFQ submitted
PwC, KPMG and Deloitte did not submit qualifications in response to the RFQ.

Makanai, LLC submitted their qualifications, was reviewed and found to meet the minimum qualifications found in the RFQ and is recommended for an on-call contract.
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COMMUNITY DEVELOPMENT

HOUSING DIVISION

REQUEST FOR QUALIFICATION

ON-CALL BUDGET SUPPORT AND REPORTING FOR HOUSING

PROGRAMS
Today’s Date: February 19, 2026
Closing Date and Time: Thursday, March 12, 2026
by 4:00 PM PST
Email Submittal [email protected]
Contact Person: I Kuan Choi
Senior Administrative Analyst
[email protected]
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Request for Qualification (RFQ)
On Call Budget Support and Reporting for Housing Programs February 2026
1 of 5
Introduction to Scope of Work
Due to the complexity of the City of Richmond’s Housing Programs, the City is seeking a Consultant to provide budget support and training in fund management and reporting requirements for various federal and state programs. The proposed scope of work for this engagement includes, but is not limited to:

1. Assist and/or guide in the closing of various program funds, which include the Neighborhood Stabilization Program 1 and 3, Community Development Block Grant Program, and HOME. This includes assistance in navigating IDIS (Integrated Disbursement and Information System) in creating projects/activities necessary to commit and report on various program funds.

2. Assist in the preparation of federal and state reports required.

3. Provide training on general ledger fund and account analysis for the City's Housing Division program funds.

4. Assist in the development of an annual budget for various programs which includes cash flow analysis, forecast of historical and future costs, as well as revenues from all sources, and staff cost allocation.

5. Monitor and provide analysis of monthly activity for conformance with budget, spending authorization, and cash flow estimates.

6. Assist in training staff to generate, read, and utilize available system budget reports.

7. Develop general ledger quality control and reconciliation checklist to ensure integrity of general ledger balances.

8. Track issues, propose resolution, and communicate the status towards completion of task or issues.

9. Preparation and support for inquiries from external auditors.

10.Assist City staff with planning and preparation of the Due Diligence Review (DDR) schedules as required by the State Department of Finance (DOF).

Engagement of Services
The Consultant will provide services on an as-needed basis, upon request by City staff.

This engagement does not contemplate the performance of any attest services or the 322
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preparation of financial statements. This engagement is to guide, assist and train staff and not to replace the function of a position in the City. The Consultant should expect to receive accurate and reliable information from City staff, and the City will make all management decisions and functions as a result of this process.

Based on the City's needs, the City may select up to three firms to enter into on‐call professional services contract with the City. The on‐call list will be for an amount not to exceed $50,000 per firm over a three-year period with an option to extend the contracts for an additional year.

Qualifications and References
The information requested in this section should describe the firm's qualifications, key staff to be assigned to this contract, and experience providing similar services described in the requested scope of work demonstrating competence to perform these services.

Such minimum information shall include:
• Names of key staff that participated in named projects and their specific responsibilities with respect to this scope of service
• A summary of your firm's demonstrated capability, including the length of time that your firm has provided the services being requested in this Request for Quotes
• Provide at least three (3) references that received similar services from your firm.

The City of Richmond reserves the right to contact any of the organizations or individuals listed. Information provided shall include the following:
 Client Name and contact info
 Client Telephone & email address
 Client Address
 Description of services provided, including contract amount  Project start and end dates
Minimum Contents of Quote
1) Cover Letter
A cover letter describing interest in the services to be provided, including relevant experience and abilities, and availability to start work. 2) Resume
A current resume for all staff proposed to support the city in this contract that includes work experience and qualifications (including licenses) relevant to the tasks, skills, and qualifications described in this Request For Quotes. The resume must include the Respondent's email, mailing address, and phone number. 3) Professional References
Include three professional references, including Name, Address, phone number, emails as noted above.
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4) Hourly rate, including anticipated budget for work
Include hourly rate and any direct cost for staff proposed to support work. If an administrative fee is proposed, a description of costs covered by the fee shall be provided.

Electronic Submittal
Please submit proposals via email to [email protected].

Interested parties must submit a cover letter, resume(s), references, and billing sheet (budget), as attachments. The quote must be received no later than 4:00 p.m., local time on Thursday, March 12, 2026. Late submittals will not be accepted.

Review and Selection Criteria
A Review Panel will evaluate the submissions to identify the most qualified Respondent(s). If more than one Respondent is deemed to be highly qualified, the Department may require oral interviews and/or supplemental information from those Respondents before making a final selection. Contract negotiations will begin upon identification of the most qualified Respondent. The City may elect to contract with up to the three most qualified Respondents.

City will not discriminate against any interested firm or individual on the grounds of race, creed, color, sex, age, disability, or national origin in the contract award. The City reserves the right to reject any and/or all qualifications at its discretion.

Inquiries
Respondents are encouraged to promptly notify the City of any apparent major inconsistencies, problems, or ambiguities in this RFQ. Any requests for clarification or other questions concerning this RFQ must be submitted in writing via email to I Kuan Choi at [email protected].

City Disclaimer
The City reserves the right to reject any or all the Quotes received, to waive any informality in any Quotes, and to select the Respondents that best meet the City's needs. The City also reserves the right to reduce or revise elements of the scope of services, or to amend or modify the contractual requirements, or to negotiate with any qualified consultant.

No representation is made that any contract will be awarded pursuant to this RFQ. In no way shall a contract be viewed as exclusive. The City reserves the right to retain additional consultants as necessary. All costs incurred in the preparation of the quote and response to this RFQ, in the submissions of additional information and/or in any other aspect of RFQ prior to the award of a written contract will be borne by the proposed firm. All quotes submitted to the City in response to this RFQ will become the 324
Request for Qualification (RFQ)
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property of the City of Richmond and will not be returned. The "technical" portion of the quote will be considered public information.

Comments/Questions on the City Standard Service Provider Agreement The City's standard service provider agreement, which the Consultant will be required to sign, is attached.

The proposer shall state whether it takes exception(s) to this RFQ, including but not limited to the City of Richmond's Standard Services Agreement. If the proposer does take exception(s) to any portion of the RFQ or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes, additions, or requesting deletion of specific words and/or by providing new requested contract language shall be provided. Requests for complete replacement of the City of Richmond's Standard Services Agreement for another contract will not be considered. Failure to make exceptions to the RFQ or Standard Services Agreement within the qualifications will be deemed a waiver of any objection. Exceptions will be considered during the qualifications evaluation process and are not guaranteed to be approved.

Insurance Requirements
The City requires consultants doing business with it to obtain insurance, as shown in RFQ. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the project.

Business Licenses
The successful Contractor will be required to hold or obtain a City of Richmond business license, for which the fee will not be waived.

Sanctuary City Contracting Ordinance (SCCO)
The Richmond Sanctuary City Contracting Ordinance No. 12-18 N.S. The City prohibits granting and/or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security ("ICE").

Bidders/Proposers must submit the attached Sanctuary City Compliance Statement with their Bid or Qualifications.

Limited Liability Companies Disclosure Statement (LLCS) Resolution No. 86-21, approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited Liability Corporations (LLC).

Bidders/Proposers must submit the attached Disclosure Statement of Limited Liability Companies Form with their Bid or Qualifications. 325
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ATTACHMENTS:

Attachment 1: City's Standard Service Provider Agreement Attachment 2: Type II Insurance Requirements
Attachment 3: Disclosure Statement of Limited Liability Companies Form 326
From: I Kuan Choi
To: [email protected]
Subject: Request For Qualification - On-Call Budget Support and Reporting for Housing Programs Date: Thursday, February 19, 2026 5:03:00 PM
Attachments: On-Call Budget Support and Reporting for HousingRFQ_2-19-2026.pdf Attachments - City of Richmond Standard Contract.FINAL_2-19-2026.pdf Hello Mr. Cangialosi,
The City of Richmond Community Development Department Housing Division is requesting qualifications for on-call budget support and reporting for our Housing Programs. Please see the attached RFQ document for further details.

If PwC plans to submit a qualification, please respond to this email to confirm your intent to submit.

Best regards,
I Kuan
I Kuan Choi

C I T Y O F R I C H M O N D
Community Development
450 Civic Center Plaza, 2nd Floor | Richmond, CA 94804
Tel: 510-621-1231 | Fax: 510-620-6858 |
327
From: I Kuan Choi
To: "[email protected]"
Bcc: I Kuan Choi
Subject: Request For Qualification - On-Call Budget Support and Reporting for Housing Programs Date: Thursday, February 19, 2026 5:13:00 PM
Attachments: On-Call Budget Support and Reporting for HousingRFQ_2-19-2026.pdf Attachments - City of Richmond Standard Contract.FINAL_2-19-2026.pdf Hello Mr. Kawasaki,
The City of Richmond Community Development Department Housing Division is requesting qualifications for on-call budget support and reporting for our Housing Programs. Please see the attached RFQ document for further details.

If KPMG plans to submit a qualification, please respond to this email to confirm your intent to submit.

Best regards,
I Kuan
I Kuan Choi

C I T Y O F R I C H M O N D
Community Development
450 Civic Center Plaza, 2nd Floor | Richmond, CA 94804
Tel: 510-621-1231 | Fax: 510-620-6858 |
328
From: I Kuan Choi
To: "[email protected]"
Bcc: I Kuan Choi
Subject: Request For Qualification - On-Call Budget Support and Reporting for Housing Programs Date: Thursday, February 19, 2026 5:16:00 PM
Attachments: On-Call Budget Support and Reporting for HousingRFQ_2-19-2026.pdf Attachments - City of Richmond Standard Contract.FINAL_2-19-2026.pdf Hello Mr. Doern,
The City of Richmond Community Development Department Housing Division is requesting qualifications for on-call budget support and reporting for our Housing Programs. Please see the attached RFQ document for further details.

If Deloitte plans to submit a qualification, please respond to this email to confirm your intent to submit.

Best regards,
I Kuan
I Kuan Choi

C I T Y O F R I C H M O N D
Community Development
450 Civic Center Plaza, 2nd Floor | Richmond, CA 94804
Tel: 510-621-1231 | Fax: 510-620-6858 |
329
From: I Kuan Choi
To: "[email protected]"; "[email protected]" Bcc: I Kuan Choi
Subject: Request For Qualification - On-Call Budget Support and Reporting for Housing Programs Date: Thursday, February 19, 2026 5:32:00 PM
Attachments: On-Call Budget Support and Reporting for HousingRFQ_2-19-2026.pdf Attachments - City of Richmond Standard Contract.FINAL_2-19-2026.pdf Hello Ms. Portnoy and Mr. Luna,
The City of Richmond Community Development Department Housing Division is requesting qualifications for on-call budget support and reporting for our Housing Programs. Please see the attached RFQ document for further details.

If Makanai plans to submit a qualification, please respond to this email to confirm your intent to submit.

Best regards,
I Kuan
I Kuan Choi

C I T Y O F R I C H M O N D
Community Development
450 Civic Center Plaza, 2nd Floor | Richmond, CA 94804
Tel: 510-621-1231 | Fax: 510-620-6858 |
330
Proposal
On-Call Budget Support and Reporting for Housing
Programs
City of Richmond, California
Request for Qualifications – February 2026
Submitted by
Rebecca Portnoy
Principal Consultant – Makanai LLC
Berkeley, California
[email protected]
(206) 399-2879
Makanai LLC provides financial advisory services to public agencies, universities, and nonprofit organizations. Our work focuses on financial management and reporting for organizations administering complex public funding programs, including HUD-funded housing programs, federal grant programs, and multi-fund municipal budgets.

The proposed team combines strategic financial management experience and deep governmental accounting expertise. Each team member brings more than twenty years of experience managing large organizational budgets, developing financial reporting systems, and advising organizations on financial strategy. Makanai LLC experience includes serving as Finance Director at the University of California, where it helped manage budgets approaching $100 million and developed reporting frameworks used by leadership and stakeholders.

Supporting this engagement is Yolanda Skelton, a former Senior Accountant for the City of Richmond Finance Department with extensive experience managing financial reporting and compliance for federally funded housing programs, including HUD Section 8, CDBG, HOME, and NSP programs.

Our approach to this engagement aligns closely with the City’s stated objective: to provide guidance, technical support, and staff training rather than replace City functions. Our work focuses on improving financial systems, strengthening reporting practices, and providing analytical tools that allow staff and leadership to monitor housing program performance.

Services may include:
331
• Budget development and monitoring for housing programs • Budget-to-actual reporting and financial variance analysis • Development of financial dashboards for program oversight • Financial analysis of housing program performance
• Support for grant and regulatory reporting requirements • Training City staff on financial management and reporting tools We appreciate the opportunity to support the City of Richmond’s housing programs and look forward to contributing our expertise to strengthen financial oversight and reporting.

Sincerely,
Rebecca Portnoy
Principal Consultant
Makanai LLC

2. Understanding of the City’s Needs
Based on the RFQ, key priorities for this engagement include:
• Supporting staff with financial reporting and budget monitoring for federally funded housing programs
• Ensuring compliance with HUD and other grant reporting requirements • Providing analytical tools and financial dashboards to support program oversight Our team’s experience with municipal housing finance and federal grant reporting allows us to support these priorities effectively.

3. Firm Qualifications
Makanai LLC provides financial advisory services focused on budgeting, financial reporting, and financial management systems for organizations managing complex programs and public funding.

Our team combines two complementary strengths: deep municipal financial management experience and direct knowledge of Richmond’s housing program financial reporting systems.

This combination allows us to provide both strategic financial insight and practical operational support to City staff.

Our consulting work frequently supports organizations with:
332
• Multi-fund budgets
• Grant-funded programs
• Government compliance requirements
• Complex program financial reporting
• Financial performance monitoring
The firm’s work emphasizes building internal capacity within organizations so staff can maintain effective financial management systems after consulting engagements conclude.

Key capabilities include:
• Budget preparation and financial forecasting
• Budget-to-actual reporting and financial analysis
• Development of financial dashboards and reporting tools • Grant tracking and financial compliance monitoring
• Housing program financial analysis
• Training staff on financial systems and reporting processes

4. Key Staff
Yolanda D. Skelton
Senior Government Accounting and Grants Management Advisor Role in Project
Ms. Skelton will provide advisory support related to governmental accounting, housing program financial reporting, and compliance with federal and state grant requirements. She is responsible for financial analysis, development of reporting frameworks, and technical support to City staff.

Professional Experience
Ms. Skelton has more than twenty-five years of experience in governmental accounting and financial management. She previously served as Senior Accountant for the City of Richmond Finance Department, where she performed advanced financial analysis and provided technical support to City staff. Ms. Skelton’s experience working within the City of Richmond Finance Department provides institutional knowledge that allows her to quickly support City staff and assist with complex reporting and compliance questions.

Her work included budget preparation, revenue forecasting, financial analysis, and development of financial reports used in the City’s Comprehensive Annual Financial Report (CAFR). 333
Ms. Skelton has extensive experience managing financial reporting and compliance for federally funded housing and community development programs, including:
• HUD Section 8 Voucher Program
• Community Development Block Grant (CDBG)
• HOME Investment Partnerships Program
• Neighborhood Stabilization Program (NSP)
Her responsibilities included preparing federal reports such as VMS, REAC, SF-425, PR26, and CAPER, monitoring grant expenditures, and ensuring compliance with federal regulations governing housing program funding.

She also managed housing program loan portfolios and maintained program income reporting within the HUD Integrated Disbursement and Information System (IDIS).

Ms. Skelton’s experience with the City of Richmond’s financial systems and federal housing program requirements provides valuable institutional knowledge for this engagement.

Education
Bachelor of Science – Business Administration
University of Maryland
Bachelor of Science – Accounting (Magna Cum Laude)
Columban College
Oscar Luna
Principal Consultant – Makanai LLC
Role in Project
Mr. Luna will serve as the Project Manager Consultant.

Professional Experience
Mr. Luna has more than twenty years of experience in financial management and consulting.

His career includes leadership roles in large organizations as well as advisory work supporting public agencies and nonprofit organizations.

Previous positions include:
• Strategy and Finance Consultant, Makanai LLC (2020–Present) • Finance Director, California Digital Library – University of California • Finance Director, University of California Berkeley
334
• Finance and Strategy Consultant, San Diego Housing Commission • Chief Financial Officer, Allrecipes.com (Reader’s Digest) Mr. Luna has managed large organizational budgets, developed financial reporting systems, and supported leadership teams with financial planning and decision-making. His experience includes building dashboards and financial monitoring tools that help organizations track program performance and financial outcomes.

Education
MBA – Management and Finance
Columbia Business School
Bachelor’s Degree – Accounting and Economics
Universidad Nacional de Tucumán

5. Relevant Project Experience
San Diego Housing Commission
Finance and Strategy Consultant
Provided financial advisory support related to housing development finance and program cost analysis. Work included reviewing developer fee structures, analyzing program budgets, and supporting financial planning for affordable housing initiatives funded through federal and local programs.

Financial Advisory Support for Housing Organizations
Provided financial advisory services for organizations managing affordable housing developments and related social service programs. Work included reviewing financial transactions, analyzing budgets and financial projections, and developing financial dashboards to monitor operational performance.

Services also included monitoring compliance with federal and local housing funding requirements and supporting relationships with funding agencies. 335

6. Professional References
John Beem
Accounting Director
Bernal Heights Neighborhood Center
515 Cortland Avenue
San Francisco, CA 94110
Services Provided: Financial advisory services, program budgeting, and financial reporting improvements.

Steve Garber
University of California
Oakland, California
Services Provided: Financial leadership and budget management during tenure as Finance Director at the California Digital Library.

Geoff Desa
Professor
San Francisco State University
1600 Holloway Avenue
San Francisco, CA 94132
Services Provided: Financial advisory support related to program budgeting and financial planning.

7. Hourly Rates
Role Hourly Rate
Principal Consultant
Yolanda Skelton
$225 per hour
Services will be provided on an as-needed basis to support reporting cycles, budget preparation periods, and other workload peaks within the Housing Programs division. 336

May 19, 2026
Library and Community Services
DATE: May 19, 2026
TO: Mayor Martinez and Members of the City Council
FROM: La Shonda White, Deputy City Manager – Community
Services
Sam Vaughn, Deputy Director of Community Services
Office of Neighborhood Safety
Subject: Grant Award from Chevron Community Engagement
Foundation
FINANCIAL IMPACT: The proposed $35,000 expenditure is funded by the Chevron Community Engagement Foundation grant. The
fiscal year 2025-2026 budget for the Community Services Department – Office of Neighborhood Safety will be
increased by $35,000, and the corresponding grant
revenue account will be increased by $35,000. There is
no net change to the City budget.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

City staff is requesting acceptance and appropriation of the grant award from the Chevron Community
Engagement Foundation in the amount of $35,000 to
enhance Street Outreach/Mobile Crises response to
Richmond residents in need and provide necessities for
participants.

RECOMMENDED ACTION: ADOPT a resolution to ACCEPT and APPROPRIATE a $35,000 grant award from the Chevron Community
Engagement Foundation for the Office of Neighborhood
Safety (ONS) to Enhance Street Outreach/Mobile Crises
Response – Community Services Department (LaShonda
White/Sam Vaughn 510-620-5404).

AGENDA
REPORT
337

May 19, 2026
DISCUSSION:

The City of Richmond Office of Neighborhood Safety (ONS) has been awarded a grant in the amount of $35,000 from the Chevron Community Engagement Foundation (Foundation). ONS will utilize the Foundation grant funds to support coordinated violence prevention and community safety efforts across both the Office of Neighborhood Safety and the Community Crisis Response Program (CCRP).

Grant funds will be used to strengthen ONS’s core prevention strategies by supporting outreach, case management, participant support services, and program operations that reduce risk factors associated with violence and promote long-term stability for program participants. These investments will enhance ONS’s ability to engage Richmond youth most likely to be affected and/or confronted by gun violence, connect them to critical resources, and provide consistent, trauma-informed support that aligns with the City’s public safety goals.

In addition, a portion of the grant funds will support Community Crisis Response Program (CCRP) operations, which will be used to enhance street outreach/mobile crisis response to Richmond residents in need and provide necessities for participants ranging from supportive and connective services, such as groceries, emergency housing, transportation cards, clothing, hygiene items, acquiring official government documents or identification materials, etc. The grant funds will help support the work being done by the Reach Out with Compassion and Kindness (ROCK) Team.

By strategically leveraging the grant funds across both divisions, ONS and CCRP will continue to operate as complementary programs that address violence prevention and crisis response along a continuum of care. This integrated approach maximizes community impact, strengthens cross-departmental coordination, and advances the City of Richmond’s commitment to safety, equity, and community-based solutions.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Chevron Letter
338
Reso. No. _____

DocID #64084v1
RESOLUTION NO. _____________

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

ACCEPTING AND APPROPRIATING THE GRANT AWARD PROVIDED BY

THE CHEVRON COMMUNITY ENGAGEMENT FOUNDATION IN THE
AMOUNT OF $35,000.

WHEREAS, Chevron Richmond, through their Community Engagement Foundation, has awarded the City of Richmond’s Office of Neighborhood Safety (ONS) grant funds in the amount of $35,000; and
WHEREAS the ONS intends to use the grant funds to enhance Street Outreach and Mobile Crisis Response in an effort to provide Richmond residents in crisis with the appropriate care and necessities they require via the recently established Community Crisis Response Program (CCRP).

WHEREAS, the grant funds will be used by the ONS to strengthen core gun violence prevention activities, including outreach, participant support services, training, and program operations, in alignment with the City’s public safety and equity goals; and WHEREAS, leveraging grant funds across both ONS and CCRP allows the City to implement a coordinated continuum of care that addresses prevention, intervention, and crisis response in a complementary and non-duplicative manner; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby accepts and appropriates the grant award from the Chevron Community Engagement Foundation in the amount of $35,000 for use by the ONS and CCRP programs. **********************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on ________, 2026, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
339
Reso. No. _____

DocID #64084v1
State of California }
County of Contra Costa : ss.

City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the Council of the City of Richmond at a regular meeting held on MM DD, 2026.

Pamela Christian, Clerk of the City of Richmond
340
341
342

May 19, 2026
Economic Development
DATE: May 19, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Nannette Beacham, Director of Economic Development Jesson de Leon, Senior Business Assistance Officer
Junne Garcia, Management Analyst
Antonio Banuelos, Accounting Manager
Subject: Downtown Richmond Property and Business
Improvement District Fiscal Year 2026–2027 Assessment
Levy
FINANCIAL IMPACT: The City’s annual contribution to the DRPBID, for services provided to City parcels will be $39,847.50,
which is included within the proposed fiscal year 2026- 2027 General Fund Non-Departmental Budget (Account
String: 01917090-400391). In addition, the City will
receive a one-percent levy processing fee totaling
$2,457.61.

PREVIOUS COUNCIL
ACTION:

July 19, 2022
June 4, 2024
May 20, 2025

STATEMENT OF THE
ISSUE:

The Downtown Richmond Property and Business
Improvement District (DRPBID) annual assessment rates
for Fiscal Year 2026–2027 require City Council approval to continue funding enhanced cleaning, maintenance,
security, marketing, and business support services within Downtown Richmond. The proposed assessment
adjustment reflects a 2.4 percent increase in accordance with the adopted Management District Plan and includes
the City’s proportional share assessment obligation for publicly owned parcels within the district.

AGENDA
REPORT
343

May 19, 2026
RECOMMENDED ACTION: ADOPT a resolution authorizing the City of Richmond to levy assessments on property owners subject to the
Downtown Richmond Property and Business
Improvement District through the County of Contra Costa property tax rolls for Fiscal Year 2026–2027 – Economic Development Department (Jesson de Leon 510-412-
2023/Antonio Banuelos 510-620-6741/Junne Garcia 510-
620-6524/Nannette Beacham 510-620-1306).

BACKGROUND:

The Richmond Main Street Initiative, Inc. (RMSI), serves as the administrator of the Downtown Richmond Property and Business Improvement District (DRPBID), overseeing the district to provide enhanced services and safeguard new physical improvements in Downtown. The DRPBID offers supplementary cleaning, maintenance, security, marketing, promotions, and business attraction services throughout Downtown Richmond.

The Property and Business Improvement District Law of 1994, Streets and Highways Code §36600 et seq. authorizes cities and counties to renew property and business improvement districts upon petition by a weighted majority of property owners within the proposed district and affirmative ballot. The DRPBID, established in 2013, was renewed with the adoption of a Management District Plan until the end of 2029 by City Council on July 19, 2022.

The DRPBID is governed in accordance with a written Management District Plan, pursuant to Streets and Highways Code section 36622. The Plan sets guidelines for the district, including the assessment rate, service plan, collection provisions, and governance. In addition, the Plan has been certified by a registered professional engineer, and the original is on file with the City Clerk.

DISCUSSION:

Property owners are assessed based on the benefits received, with the assessment formula based on gross lot square footage. For Fiscal Year 2026-2027, the assessment rates have been increased by 2.4 percent, as determined by the Richmond Main Street Initiative, Inc. Board on March 16, 2026. As a result, commercial parcel owners will be assessed at $0.1536 per parcel square foot annually, and non-profit housing agency parcel owners will be assessed at $0.08192 per parcel square foot.

Under “The Right to Vote on Taxes Act” (Proposition 218), all public agencies are required to pay the same assessments for public property as applied to private property unless they can demonstrate by clear and convincing evidence that the public property does not receive a benefit. The Management District Plan further provides that the City and other public entities are responsible for paying their proportional “fair share” of all assessments.
344

May 19, 2026
NEXT STEPS:

City staff recommend that the City Council adopt the resolution authorizing the levy of assessments for the Downtown Richmond Property and Business Improvement District (DRPBID) for Fiscal Year 2026-2027 and direct the City of Richmond Finance Department to submit the assessment roll to the County of Contra Costa for inclusion on the Fiscal Year 2026-2027 property tax rolls.

SYNERGISTIC POLICIES:

Strategic Goal Areas

2. Increase revenue and improve economic development

3. Improve the quality of life, community health, and social determinants of health General Plan 2030
 Policy ED1.1 Safe, Well-Maintained Neighborhoods and Public Space. Reduce crime and violence and maintain safe and clean neighborhoods and public spaces.

DOCUMENTS ATTACHED:

Attachment 1 - RMSI 2026_2027 DRPBID Letter of Request Tax Levy Attachment 2 - Management District Plan
Attachment 3 - 2026-2027 DRPBID Proposed Tax Levy (Exhibit A) Attachment 4 - 2026-2027 City of Richmond Assessed Properties Attachment 5 - Resolution to Levy PBID FY 2026-2027
345
Richmond Main Street Initiative, Inc. is a 501(c)(3) corporation Tax ID#: 68-0481132 | CFC #: 7672 PO Box 1414, Richmond, CA 94802O | 1600 Nevin Plaza, Richmond, CA 94801 Office: (510) 236-4049 | www.richmondmainstreet.com
Board of
Directors
Diego Garcia
Chair
Sarah Wally
Treasurer
Billy Ward
Cynthia Haden
Yvette Williams
Ilaf Eusf
Ruben Olagues
Ryan Lau
Sarah Wally
Executive
Director

March 16, 2026
City of Richmond, California
City Manager Shasa Curl
Subject: PBID Assessment Rates for the Upcoming Fiscal Year 2026-2027 Dear Ms. Curl:

Richmond Main Street and its Board of Directors, in preparation for the upcoming Property-Based Improvement District (PBID) assessment rates for the property owners in our district, have determined that the rates will be increased by 2.4%, which is our first increase in 3 years.

We continue to maintain our high level of service, hospitality and maintenance with our commitment to supporting business success, growth and economic development. We appreciate the contributions of businesses and property owners in shaping Richmond's vitality in Downtown.

Thank you for your assistance with the 2026/2027 Property Assessment DRPBID tax levy which provides the funding to operate and maintain Richmond Main Street with the programs, events and services we offer to our Downtown and to the community.

Together, we look forward to continuing our efforts in Downtown, business and property support, engagement, hospitality, economic development and growth.

Kind Regards,
Sarah Wally Diego Garcia
Sarah Wally Diego Garcia
Executive Director Board Chair
Richmond Main Street Initiative Richmond Main Street Initiative 415 264 4624
[email protected]
346
DRPBID Management District Plan
April 5, 2022
i
2023-2030
April 5, 2022 Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.

DOWNTOWN RICHMOND PROPERTY AND BUSINESS

IMPROVEMENT DISTRICT

MANAGEMENT DISTRICT PLAN AND
ENGINEER’S REPORT
347
DRPBID Management District Plan
April 5, 2022
ii
Contents
I. Overview.................................................................................................................................................... 1 II. Background ............................................................................................................................................... 3 III. Accomplishments .................................................................................................................................... 4 IV. Boundaries................................................................................................................................................. 5 V. Service Plan & Budget............................................................................................................................. 6 A. Establishment 6
B. Improvements, Maintenance and Activities 6
C. Annual Assessment Budget 7
D. Service Budget 8
E. Annual Maximum Assessment Budget 8
VI. Assessment Rate.....................................................................................................................................10 A. Assessment Formula 10
B. Changes in Zoning, Ownership, Building Square Footage, or Parcel Size 10 C. Assessment Notice 10
D. Time and Manner for Collecting Assessments 10
VII. Governance.............................................................................................................................................11 A. Owners’ Association 11
B. Brown Act & Public Records Act Compliance 11
C. Annual Report 11
VIII. Engineer’s Report ..................................................................................................................................12 Appendix 1 – Maximum Annual Assessment Rates...........................................................................................26 Appendix 2 – PBID law...........................................................................................................................................27 Appendix 3 – Map.....................................................................................................................................................39 Appendix 4 – Parcel Assessment Calculations....................................................................................................40 Appendix 5 – Total Estimated Maximum Cost Of Improvements, Maintenance, And Activities...Error! Bookmark not defined.

Prepared by Civitas
www.civitasadvisors.com
(800)999-7781
348
DRPBID Management District Plan
April 5, 2022

I. OVERVIEW
Developed by a growing coalition of property owners, Downtown Richmond Property and Business Improvement District (DRPBID) is a benefit assessment district whose purpose is to provide improvements, maintenance and activities that constitute and convey a special benefit to assessed parcels.

As required by state law, property owners have created this Management District Plan (Plan) to renew the DRPBID. This approach has been used successfully in other citiesthroughout the country to provide special benefits to property owners, namely increased sales, attraction of new tenants, increased occupancies, and specifically increased property values. As required by state law, property owners have created this Management District Plan (Plan) to renew the DRPBID.

Location: The DRPBID generally includes parcels along portions of Macdonald Avenue from 6th Street (in the west) to the BART tracks (in the east); portions of 8th Street and Harbour Way from Barrett Avenue (in the north) to Bissell Avenue (in the south); portions of Marina Way from Nevin Avenue (in the north) to Bissell Avenue (in the south); and portions of 16th Street from Macdonald Avenue (in the north) to Bissell Avenue (in the south), as shown on the map in Section IV.

Purpose: The purpose of the DRPBID is to provide improvements, maintenance, and activities, which constitute and convey a special benefit to assessed parcels. The DRPBID will provide Maintenance, Safety and Nuisance Abatement; Marketing, Promotions and Business Development; Capital Improvements; and related administration directly and only to assessed parcels within its boundaries.

Budget: The DRPBID annual assessment budget for the initial year of its seven (7) year operation is anticipated to be $239,990.60. The annual budget may be subject to an increase in assessment rates of no more than three percent (3%) per year. The assessment funds shall be supplemented by non-assessment funds (such as grants and event income), so that the total budget for the initial year is estimated at $255,098.26.

Cost: The assessment rate (cost to the parcel owner) is based on parcel square footage. The initial annual rate to each parcel is shown in the table below. Over the seven (7) year term of the DRPBID, the assessment rate may be subject to annual increases that shall not exceed three percent (3%) per year. Increases shall be determined by the Owners’ Association Board of Directors and may vary each year.

Parcel type Assessment rate (per square foot)
Commercial $0.15
Non-profit Housing $0.08
Renewal: DRPBID renewal requires submittal of petitions from property owners representing more than fifty percent (50%) of the total assessment. The “Right to Vote on Taxes Act” (also known as Proposition 218) requires a ballot vote in which more than fifty percent (50%) of the ballots received, weighted by assessment, be in support of the DRPBID. 349
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Duration: The renewed DRPBID will have a seven (7) year life beginning January 1, 2023 to December 31, 2029. After the seven (7) year term, the DRPBID may be renewed again for up to ten (10) years if property owners support continuing the programs.

Management: Richmond Main Street Initiative (RMSI) shall continue to serve as the Owners’ Association to provide improvements, maintenance, and activities for the DRPBID. The City of Richmond will enter into a contract with RMSI regarding the provision of improvements and services for the DRPBID. RMSI must provide an annual report on improvements, maintenance, and activities and expenditures to the City, which is also available to property owners.
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II. BACKGROUND
The International Downtown Association estimates that more than 1,500 Property and Business Improvement Districts (PBIDs) currently operate throughout the United States and Canada. PBIDs are a time-tested tool for property owners who wish to come together and obtain collective services which benefit their properties.

PBIDs provide supplemental services in addition to those provided by local government. They may also finance physical and capital improvements. These improvements and activities are concentrated within a distinct geographic area and are funded by a special parcel assessment. Services and improvements are only provided to those who pay the assessment.

Although funds are collected by the local government, they are then directed to a private nonprofit. The nonprofit implements services and provides day-to-day oversight. The nonprofit is managed by a Board of Directors representing those who pay the assessment, to help ensure the services meet the needs of property owners and are responsive to changing conditions within the PBID.

PBIDs all over the globe have been proven to work by providing services that improve the overall viability of commercial districts, resulting in higher property values, lease rates, occupancy rates, and sales volumes.

The DRPBID will be renewed pursuant to a state law that took effect in January of 1995. The “Property and Business Improvement District Law of 1994,” which was signed into law by Governor Pete Wilson, ushered in a new generation of Property and Business Improvement Districts in California. Key provisions of the law include:

Ø Allows a wide variety of services which are tailored to meet specific needs of assessed properties in each individual PBID;
Ø Requires property owner input and support throughout the renewal process; Ø Requires written support on both a petition and ballot from property owners paying 50% of proposed assessments;
Ø Allows for a designated, private nonprofit corporation to manage funds and implement programs, with oversight from property owners and the City of Richmond (City); Ø Requires limits for assessment rates to ensure that they do not exceed the amount owners are willing to pay; and
Ø Requires the PBID be renewed after a certain time period, making it accountable to property owners.

The “Property and Business Improvement Business District Law of 1994” is provided in Appendix 2 of this document.
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III. ACCOMPLISHMENTS
From 2017 to 2020, RMSI accomplished significant efforts within the DRPBID, helping to establish long-term sustainability. Accomplishments are as follows:
• Assisted Safety 1st in managing community liaisons:
o 10,694 hospitality and maintenance service hours
o 1,554 bags of trash and debris removed
o 181 cases of graffiti abatement
o 84 visitor and homeless “touches”;
• Served as a leading partner in the design and unveiling of the Downtown Richmond Business Hub resulting in 3 new businesses.
• Provided 518 hours of business assistance:
o 19 workshops, total attendance 226;
• Initiated and maintained a comprehensive “Community Resource Directory” providing access to current pandemic-related health orders, safety guidelines, employer obligations, and relief programs;
• Instituted a new E-commerce program in partnership with Square and Renaissance Entrepreneurship Center resulting in:
o 115 hours of one-on-one technical assistance including advising on business licensing, permitting, COVID-19 relief
o Letters of recommendation and business equipment to 92 current and prospective businesses;
• Unveiled the “Heart of Richmond” series, a robust multi-media digital storytelling and social media advertising campaign:
o Showcased 12 diverse business owners, resulting in two businesses being featured in the July 2020 cover story of East Bay Express; • Partnered with Travis Credit Union to launch “Protecting Lives & Livelihoods” campaign in response to the COVID-19 pandemic featuring 4 Downtown vendors and benefitting 17 local businesses:
o 140 Masks distributed,
o 55 Face shields distributed,
o 130 Hand Sanitizers;
• Provided COVID-19 Response, Meal Giveaway Program:
o Contributed 1876 hours of volunteer services and 82,500 meals to Richmond residents;
• Hired 2 Richmond residents as Census 2020 phone bankers to encourage households to complete the census survey and ensure a complete count of our historically undercounted neighborhoods; and
• Promoted and prominently featured 20 Downtown businesses in our Shop Local Safely for Small Business Saturday.
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IV. BOUNDARIES
The DRPBID generally includes parcels along portions of Macdonald Avenue from 6th Street (in the west) to the BART tracks (in the east); portions of 8th Street and Harbour Way from Barrett Avenue (in the north) to Bissell Avenue (in the south); portions of Marina Way from Nevin Avenue (in the north) to Bissell Avenue (in the south); and portions of 16th Street from Macdonald Avenue (in the north) to Bissell Avenue (in the south).

The DRPBID includes approximately 81 parcels with 34 parcel owners. The DRPBID boundary is illustrated by the map below. This plan, including a copy of this map is on file with the Richmond City Clerk. A larger map is available on request by calling (916)437-4300 or (800)999-7781. 353
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V. SERVICE PLAN & BUDGET
A. Establishment
Property and business owners in Downtown Richmond have been concerned about the need for coordinated supplemental services in the area for several years. City services and efforts in the area have been welcomed, but limited resources have not allowed for a more comprehensive approach to managing the commercial area.

A service plan to provide special benefits to assessed properties was developed using several methods. A service plan to provide special benefits to assessed properties was developed using several methods. A series of property owner meetings and an analysis of current property conditions were conducted. The primary needs identified were: Maintenance, Safety and Nuisance Abatement; Marketing, Promotions and Business Development; and Capital Improvements. To meet those needs, the DRPBID shall provide related improvements, maintenance and activities to assessed parcels within its boundaries.

B. Improvements, Maintenance and Activities
The DRPBID will provide supplemental improvements, maintenance and activities that are above and beyond those provided by the City and other government agencies. None of the services to be provided by the DRPBID are provided by the City or other government agencies. The improvements and activities will be provided directly and only to assessed parcels; they will not be provided to parcels that are not assessed. Each and every service is unique to the DRPBID, thus the benefits provided are particular and distinct to each assessed parcel.

1. Maintenance, Safety, and Nuisance Abatement
The maintenance program will make Downtown Richmond cleaner, more accessible, and more attractive to potential tenants and customers. Maintenance services may include litter and graffiti removal, sidewalk pressure washing, weed abatement, median maintenance, and communicating code violations by absentee property owners to the City. Safety services will focus on making Downtown Richmond a safer place to do business. Safety services may include security patrols, coordination with the police department and private security agencies operating within the DRPBID, space management improvements to encourage safety on assessed parcels, and dissemination of safety information to property owners and tenants. Nuisance abatement services will be deployed throughout the DRPBID to increase the usability of assessed parcels and address issues that discourage property owners, tenants, and customers from visiting assessed parcels within the DRPBID. Nuisance abatement services may include: an ambassador to provide additional services to mitigate the negative impacts of homeless individuals on assessed properties; establishment and maintenance of a radio network to ensure quick response times to incidents; working with property owners and local agencies to address blighted areas; and enhanced lighting and linkages to decrease that likelihood of nuisance activities from occurring.

2. Marketing, Promotions, and Business Development
The DRPBID will have a unified marketing and promotions program that will collaborate with DRPBID businesses to market and promote the DRPBID to the public as a single destination with a rich collection of attractions, businesses, events and services. The marketing and promotions program may include the use of pole banners, wayfinding signage, visitor guides, press releases, e-newsletters, e-calendars, a DRPBID website, marketing research, special events, 354
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and other similar projects to increase visitation and commerce on assessed parcels. Business development programs will seek to attract and retain tenants for the assessed parcels. The business development program may include retail and business recruitment activities to encourage businesses to locate on assessed parcels; market research and maintenance of a business databases; advocacy for business-friendly policies on behalf of assessed parcels; providing staff who will serve as a liaison between property owners, brokers, tenants, businesses, and government agencies to facilitate growth and retail development on assessed parcels; and creating an active evening and weekend environment to increase commerce on assessed parcels.

3. Capital Improvements
The capital improvements program will use a multi-faceted approach to planning, design and management of public spaces in the DRPBID. DRPBID funds will be leveraged to create a unique sense of place. Capital improvements may include wayfinding signage/banners, seasonal banners and lighting, trash receptacles, and other public space improvements.

4. Administration
The administration portion of the budget will be utilized for administrative costs associated with providing the services. Those costs may include rent, telephone charges, legal fees, accounting fees, postage, administrative staff, insurance, and other general office expenses.

5. Contingency/Reserve
The budget includes a contingency line item to account for unanticipated program costs and uncollected assessments, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration or renewal costs at the discretion of RMSI. Reserve funds may be used for program costs in any proportion deemed appropriate by RMSI. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of money from the reserve fund shall be set by RMSI.

6. Collection Fees
The budget includes a collection fees line item to account for City and County administrative fees for levying, collecting, forwarding the assessment to the Owners’ Association and accounting.

C. Annual Assessment Budget
A projected seven (7) year budget for the DRPBID is provided below. The overall assessment budget shall remain consistent with this Plan. In the event of a legal challenge, assessment funds may be used to defend the DRPBID. The annual assessment budget is based on the following assumptions and guidelines:

1. The cost of providing improvements, maintenance and activities may vary depending upon the market cost for those improvements, maintenance and activities. Expenditures may require adjustment up or down to continue the intended level of improvements, maintenance and activities. RSMI and their board shall have the authority to adjust budget allocations between the categories by no more than fifteen percent (15%) of the total budget per year. Any change will be approved by the RSMI and submitted with the Annual Report.

2. Funds not spent in any given year may be rolled over to the next year. 355
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3. The assessment rate may be subject to annual increases that will not exceed three percent per year. Increases shall be determined by RMSI and will vary each year.

4. Each budget category includes all costs related to providing that improvements, maintenance and activities. For example, the maintenance budget includes the cost of staff time dedicated to overseeing and implementing the maintenance program. Staff time dedicated purely to administrative tasks is allocated to the administration portion of the budget. The staffing levels necessary to provide the services below shall be determined by RMSI on an as-needed basis.

D. Service Budget
The total improvement, maintenance and activity budget for 2022 that is funded by property assessments is $239,990.60. In addition to the assessment revenue, the programs will be supplemented by nonassessment funds. The total of non-assessment and assessment funds, and the determination of special and general benefits, are included in the Engineer’s Report. Following is a table of the estimated total assessment budget allocations for each category for the initial year of operations.

E. Annual Maximum Assessment Budget
The budget below assumes the maximum annual increase of three percent (3%) is enacted and that there are no changes to the categorical budget allocations.

Year Maintenance,
Safety and
Nuisance
Abatement
Marketing,
Promotions and
Business
Development
Administration Contingency/
Reserve
Capital
Improvements
Collection
Fees
Total
2023 $119,995.30 $64,797.46 $35,998.59 $11,999.53 $4,799.81 $2,399.91 $239,990.60 2024 $123,595.16 $66,741.39 $37,078.55 $12,359.52 $4,943.81 $2,471.90 $247,190.32 2025 $127,303.01 $68,743.63 $38,190.90 $12,730.30 $5,092.12 $2,546.06 $254,606.03 2026 $131,122.10 $70,805.94 $39,336.63 $13,112.21 $5,244.88 $2,622.44 $262,244.21 Maintenance, Safety,
and Nuisance
Abatement,
$119,995.30 , 50%
Marketing,
Promotions, and
Business
Development,
$64,797.46 , 27%
Administration,
$35,998.59 , 15%
Contingency / Reserve,
$11,999.53 , 5%
Capital Improvements,
$4,799.81 , 2%
Collection Fees,
$2,399.91 , 1%
Annual Assessment Budget- $239,990.60
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2027 $135,055.77 $72,930.11 $40,516.73 $13,505.58 $5,402.23 $2,701.12 $270,111.53 2028 $139,107.44 $75,118.02 $41,732.23 $13,910.74 $5,564.30 $2,782.15 $278,214.88 2029 $143,280.66 $77,371.56 $42,984.20 $14,328.07 $5,731.23 $2,865.61 $286,561.33 Total $919,459.45 $496,508.10 $275,837.83 $91,945.94 $36,778.38 $18,389.19 $1,838,918.90 357
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VI. ASSESSMENT RATE
A. Assessment Formula
Individual assessed parcels shall be assessed an assessment rate according to each assessed parcel’s proportionate special benefit derived from the services provided to each assessed parcel, as shown in the table below.

Parcel type Assessment rate (per square foot)
Commercial $0.15
Non-profit Housing $0.08
B. Changes in Zoning, Ownership, Building Square Footage, or Parcel Size If the zoning, ownership, building square footage, or size of a parcel within the DRPBID boundary changes during the term of the DRPBID the assessment amount may be modified according to the assessment methodology detailed in this Plan that is applicable to the parcel. These changes may be a result of land adjustments (including but not limited to lot splits, consolidations, right away setbacks, etc.), new construction, new ownership, or changes in zoning.

C. Assessment Notice
During the hearing process, an Assessment Ballot will be sent to owners of each parcel in the DRPBID.

The Assessment Ballot provides an estimated assessment. The final individual assessment for any particular parcel may change, up or down, if the parcel square footage or type differ from those used to calculate the amount shown on the notice, which can be found in Appendix 4.

D. Time and Manner for Collecting Assessments
As provided by State Law, the DRPBID assessment will appear as a separate line item on annual property tax bills prepared by the County of Contra Costa. Alternatively, the DRPBID assessment may be collected by the City of Richmond if needed. Property tax bills are generally distributed in the fall, and payment is expected by lump sum or installment. The County of Contra Costa and City of Richmond shall distribute funds collected to RMSI. Existing laws for enforcement and appeal of property taxes, including penalties and interest, apply to the DRPBID assessments.

E. Bonds
Bonds shall not be issued.
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VII. GOVERNANCE
A. Owners’ Association
The DRPBID shall continue to be governed by Richmond Main Street Initiative (RMSI), with oversight from the Richmond City Council. RMSI shall serve as the Owners’ Association described in Streets and Highways Code §36651. The Board of Directors of RMSI and its staff are charged with the day-to-day operations of the DRPBID.

A majority of the Board of Directors of RMSI must be parcel owners paying the assessment. In addition, the Board of Directors must represent a variety of interests within the DRPBID and respond to the needs of all properties within the DRPBID.

The Board of Directors shall act in the best interests of all the properties within the DRPIBD. The City Council or Board of Directors reserves the right to amend or modify the composition of the Board by a separate resolution without amending this Management District Plan.

B. Brown Act & Public Records Act Compliance
An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M.

Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association must act as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of RMSI Board of Directors and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act.

C. Annual Report
RMSI shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 2). The annual report is a prospective report for the upcoming year and must include:

1. Any proposed changes in the boundaries of the DRPBID or in any benefit zones or classification of property within the district;

2. The improvements, maintenance, and activities to be provided for that fiscal year;

3. The estimated cost of providing the improvements, maintenance, and activities to be provided for that fiscal year;

4. The method and basis of levying the assessment in sufficient detail to allow each real property owner to estimate the amount of the assessment to be levied against his or her property for that fiscal year;

5. The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and

6. The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this Plan.
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VIII. ENGINEER’S REPORT
The DRPBID’s parcel assessments will be imposed in accordance with the provisions of Article XIII D of the California Constitution. Article XIII D provides that “only special benefits are assessable,”1 and requires the City to “separate the general benefits from the special benefits conferred on a parcel.”2 Special benefits are a “particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public-at-large.”3 Conversely, a general benefit is “conferred on real property located in the district or to the public-at-large.”4 Assessment law also mandates that “no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”5
The Engineer determined the total cost of the improvements and activities, quantified the general benefit accruing to the public-at-large and non-assessed parcels adjacent to and within the DRPBID, and separated that amount from the special benefit accruing to the assessed parcels. Then, the Engineer determined the proportional special benefit derived by each parcel and allocated the special benefit value of the improvements and activities accordingly. The Engineer’s determinations and detailed calculations are summarized in this report.

A. Separation of General and Special Benefits
Each of the improvements and activities, and the associated costs and assessments within the DRPBID, were reviewed, identified, and allocated based on special and general benefits pursuant to Article XIII D of the California Constitution. The assessment has been apportioned based on the proportional special benefits conferred to the assessed parcels located within the DRPBID boundaries as determined below.

1. General Benefits
Unlike special benefits, which are conferred directly and only upon assessed parcels, a general benefit is conferred on the general public or non-assessed parcels. Existing City and other public services, which are provided to every person and parcel, everywhere within the City, are an example of a general benefit. Although the DRPBID’s boundaries have been narrowly drawn, programs have been carefully designed to provide special benefits, and activities and improvements will only be provided directly to assessed parcels, it is acknowledged that there will be general benefits as a result of the DRPBID’s activities and improvements.

The California Constitution mandates that “only special benefits are assessable, and an agency shall separate the general benefits from the special benefits.”6 “Generally, this separation and quantification
of general and special benefits must be accomplished by apportioning the cost of a service or improvement between the two and assessing property owners only for the portion of the cost representing special benefits.”7 The first step that must be undertaken to separate general and special benefits provided by the DRPBID’s activities and improvements is to identify and quantify the general 1 Cal. Const., art. XIII D, §4(a) 2 Cal. Const., art. XIII D, §4(a) 3 Id, §2(i) 4 Cal Const., art XIII D §2(i) 5 Cal. Const., art. XIII D, §4(a) 6 Cal. Const., art XIII D §4(a) 7 Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.App.4th 416 360
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benefits. There are two bodies who can receive general benefits: the public-at-large within the DRPBID, and non-assessed parcels within and surrounding the DRPBID. a. General Benefit to the Public-at-Large
Although the activities and improvements are narrowly designed and carefully implemented to specially benefit the assessed parcels, and only provided directly to assessed parcels, they will generate a general benefit to the public-at-large within the DRPBID. State law indicates that “Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed.”8 However, “the mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.”9

Further, “the value of any incidental or collateral effects that arise from the improvements, maintenance or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel.”10 Thus, although there may be some incidental benefit to persons engaged in business on the assessed parcels, that incidental benefit is not considered general benefit because it is inherently produced by activities and improvements that provide special benefits to the assessed parcels. There is, however, a general benefit to persons not engaged in business on the assessed parcels.

Intercept surveys conducted in similar districts have found that approximately 97.3% of pedestrian traffic within PBID boundaries is engaged in business on assessed parcels, while the remaining approximately

2.7% is simply passing through and not engaging in business on the assessed parcels11. The 2.7% of traffic passing through does not have any connection to the assessed parcels, and therefore does not represent a special benefit to the assessed parcels. The 2.7% will, however, receive a derivative and indirect general benefit as a result of the activities and improvements being provided in the DRPBID.

Therefore, it is estimated that 2.7% of the benefit created by the DRPBID’s services is general benefit provided to the public-at-large. To ensure that the assessment dollars do not fund general benefits to the public-at-large, that portion of the cost of activities and improvements will be paid for with funds not obtained through assessments. Using the 2.7% figure, based on the initial year activity and improvement budget, the value of this general benefit to the public-at-large is $6887.66 ($255,098.26*0.027). b. General Benefit to Non-Assessed Parcels
Although they are only provided directly to the assessed parcels, the DRPBID’s activities and improvements may also confer general benefits upon non-assessed parcels within and surrounding the DRPBID. One study examining property values in PBID areas found “no evidence of spill-over impacts (either good or bad) on commercial properties located just outside the BID’s boundaries;”12 however, the California Court of Appeals has stated that “services specifically intended for assessed parcels concomitantly confer collateral general benefits to surrounding properties.”13 It is reasonable 8 Streets and Highways Code section 36601(h)(2)
9 Ibid
10 Streets and Highways Code Section 36622(k)(2)
11 Surveys conducted in: North Park, San Diego (January 2015); Mack Road, Sacramento (July 2014); and Sunrise MarketPlace, Citrus Heights (December 2013)
12 Furman Center for Real Estate & Urban Policy; The Impact of Business Improvement Districts on Property Values: Evidence from New York City (2007) p. 4
13 Beutz v. Riverside (2010) 184 Cal.App.4th 1516
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to conclude that activities and improvements within the DRPBID will have an incidental impact on non-assessed parcels surrounding or within the DRPBID boundaries. Although the legislature has indicated that “the value of any incidental or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit,”14 the California Court of Appeals has noted that “the characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement…or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement.”15 Those derivative and indirect impacts are considered general benefits and will be quantified and separated.

In this Engineer’s opinion, because activities and improvements are provided only within the DRPBID and on its perimeter, parcels separated from the DRPBID by either at least one intervening parcel or an impassable physical barrier such as a wall, freeway, or ditch will not receive spill over benefits.

Parcels separated from the DRPBID will not benefit because they are physically removed from the actual location of activities and improvements provided, and do not face serviced parcels. Therefore, this analysis considers non-assessed parcels within the DRPBID’s boundaries and surrounding parcels that are immediately adjacent to and accessible from the DRPBID’s boundaries.

The total DRPBID activity and improvement budget for the first year is $255,098.26. After reducing the activity and improvement budget by the general benefit to the public-at-large ($6,887.66), the remaining benefit to parcels is $248,210.60 . This benefit has been distributed to both assessed and non-assessed parcels using the following methodology. The general benefit to the public-at-large has been proportionally allocated to the DRPBID’s activity and improvement categories as shown in the following table.

Category Benefit to Parcels Benefit to
Public-at-Large Total
Maintenance, Safety, and
Nuisance Abatement $124,408.17 $3,452.23 $127,860.40
Marketing, Promotions and
Business Development $66,701.87 $1,850.93 $68,552.80
Capital Improvements $4,976.32 $138.09 $5,114.41
Administration,
Contingency/Reserve, &
Collection Fees
$52,124.24 $1446.41 $53,570.65
Total $248,210.60 $6887.66 $255,098.26
To determine the general benefit to parcels, the Engineer assigned each parcel group a benefit factor, determined the appropriate parcel characteristic to use in the calculation, multiplied the benefit factor by the benefit characteristic to determine the benefit units attributable to each parcel group, and 14 Streets and Highways Code section 36622(k)(2) 15 Tiburon v. Bonander (2009) 180 Cal.App.4th 1057, 1077 362
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apportioned the remaining service cost (service cost minus general benefit to the public) in accordance with the benefit units derived by each parcel group.
i. Benefit Factors
All parcels within and adjacent to the DRPBID have been assigned a benefit factor to mathematically represent the proportional special and general benefit and quantify the value of each. The determination of benefit factors for each type of activity and improvement follows.

Improvements
The improvements to be provided by the DRPBID provide two types of special benefits:
• Improvement – The primary special benefit provided by the DRPBID’s improvements is the improvements themselves, which are available to tenants and customers of assessed parcels. • Proximity – The DRPBID’s improvements also provide the special benefit of being in proximity to a parcel that is benefitting from an improvement, as parcels will enjoy the spillover benefits of neighboring parcels utilizing the improvements.

The majority of the benefit is the improvements themselves; proximity is a lesser benefit. It is this Engineer’s estimation that eighty-five percent (85%) of the special benefit from the DRPBID’s improvements is the improvement, while the proximity special benefit accounts for fifteen percent (15%) of the special benefit. Assessed parcels will receive both benefits; non-assessed parcels within and adjacent to the DRPBID will not be directly improved, and therefore only receive the general benefit of proximity.

Tangible Activities
The tangible activities (those that are physically provided via a person or people working throughout the district) to be provided by the DRPBID generate three types of special benefits:
• Service – The primary special benefit provided by the DRPBID’s physical activities is the actual service. That is, the actual cleanliness and safety created by security and maintenance clean and safe personnel.
• Presence – The DRPBID’s physical activities also provide the special benefit of an individual’s presence on the assessed parcel as the activities are provided, which can have a deterrent effect and creates a positive impression that the area is well-maintained and safe. The “Disneyland effect” is the benefit the parcels receive from the observation that parcels are being maintained. There are studies which link the perception of cleanliness to a perception of increased security.
• Proximity – The DRPBID’s physical activities also provide the special benefit of being in proximity to a cleaner, safer parcel. Neighboring parcels enjoy the spillover benefits of being adjacent to increased safety and cleanliness.

The majority of the benefit received by the parcels is the results of the DRPBID’s services; onsite presence and proximity are lesser benefits. It is this Engineer’s estimation that seventy-five percent (75%) of the special benefit from the DRPBID’s physical activities is the service, while the presence and proximity benefits each account for twelve and one-half percent (12.5% presence, 12.5% proximity) of the special benefit. Assessed parcels will receive all three benefits; non-assessed parcels 363
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within and adjacent to the DRPBID will not be directly serviced and therefore only receive the general benefit of proximity.

Intangible Activities
Some of the DRPBID’s activities, such as marketing, are distinct in that they are not provided to a targeted area within the DRPBID, rather they are provided via internet, radio, and other forms of media and targeted at an audience outside the DRPBID in an effort to bring the audience into the DRPBID. These activities provide two types of special benefits:

Direct Exposure – The primary special benefit provided by the DRPBID’s intangible activities is exposure. The intangible activities increase awareness of the DRPBID as a commercial and business destination and lead to increased patronage.

Incidental Exposure – The DRPBID’s intangible activities will also have a secondary special benefit of incidental exposure, such as word-of-mouth exposure, that results from the direct exposure and increases awareness of the DRPBID as a commercial and business destination.

The majority of the benefit from these activities is the direct exposure; the incidental exposure is a lesser benefit. It is this Engineer’s estimation that ninety percent (90%) of the special benefit from the intangible activities is direct exposure, while ten percent (10%) is incidental exposure. Assessed parcels will receive both as special benefits; non-assessed parcels within and adjacent to the DRPBID will not be directly marketed and therefore only receive the general benefit of incidental exposure.

Factors Determined
Based on the foregoing analysis, all assessed parcels within the DRPBID specially benefit from the DRPBID’s activities and improvements, and have been assigned a benefit factor of 1.0. Parcels that are not assessed have been assigned benefit factors based on the portion of the benefit they will receive, as described above. The non-assessed parcels will benefit from fifteen percent (15%) of the improvements, twelve and one-half percent (12.5%) of the tangible activities, and ten percent (10%) of the intangible activities; therefore they have been assigned benefit factors of 0.15, 0.125, and 0.10 respectively.
ii. Non-Assessed Benefit Characteristics
There are two types of parcels that are not assessed; those within the DRPBID and those immediately adjacent to and accessible from the DRPBID. Because they generally benefit in a differing manner, distinct parcel characteristics are used to quantify the general benefit to each type. • Inside – Non-assessed parcels inside of the DRPBID are surrounded by parcels that are assessed and receiving the full special benefits; they will, therefore, receive the general benefit of proximity. These parcels are impacted on more than one side by the DRPBID’s activities and improvements and activities and improvements are provided all around them. Because these parcels are surrounded by specially benefitted parcels, it is appropriate that parcel square footage be used to measure the general benefit they receive. • Adjacent – Adjacent parcels are those that are immediately adjacent to or directly across the street from specially benefitted parcels, and accessible from specially benefitted parcels. These parcels generally benefit differently than those inside the DRPBID, because these parcels are adjacent to, rather than surrounded by, specially benefitted parcels. Square footage is not an appropriate measure of benefit to these parcels. Because the parcels are not surrounded by serviced parcels, a long, shallow parcel with the same square footage as a deep, narrow parcel 364
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will receive a different level of general benefit. Likewise, two parcels with the same depth but a different width adjacent to serviced parcels will benefit differently. To account for this difference, it is appropriate that parcel linear frontage be used to measure the general benefit the adjacent parcels receive. The linear footage is the length of parcels fronting public streets.

The amount listed for “assessed linear feet” is the value for all assessed parcels within the DRPBID and the amount listed for “non-assessed linear feet” is the value for all non-assessed parcels adjacent to the district boundary.
iii. Calculations
To quantify and separate the general benefit to non-assessed parcels, the following calculations were undertaken for each budget category.

1. The total service budget for each category was determined and the amount of general benefit to the public-at-large was subtracted from the category budget.

2. The benefit factor applicable to each activity or improvement was multiplied by the parcel square footage or linear frontage of assessed and non-assessed parcels, to determine the number of benefit units received by each parcel group.

3. The benefit units for all parcel groups were summed, and the percentage of benefit units attributable to each parcel group was calculated.

4. The total remaining activity and improvement budget, less the amount already determined to be general benefit to the public-at-large, was allocated to general and special benefit categories for each parcel group using the calculated benefit percent and applicable benefit characteristic methodology.

5. The special and general benefit resulting from the administration and contingency / reserve portions of the budget were determined based on the proportional allocation of benefits derived from activities and improvements.

Maintenance, Safety and Nuisance Abatement
The maintenance, safety, and nuisance abatement budget, minus the amount of general benefit to the public-at-large, is $124,408.17. The calculations below determine the amount of general benefit to non-assessed parcels within the DRPBID.

Parcel Type
Square
Footage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Assessed 1,721,854.00 1.000 1,721,854.00 99.387% $124,408.17 $123,645.35 Non-Assessed 84,983.00 0.125 110,622.88 0.613% $124,408.17 $762.82 The maintenance, safety, and nuisance abatement budget, minus the amount of general benefit to the public and non-assessed parcels within the DRPBID, is $123,645.35. The calculations below determine the amount of general benefit to parcels adjacent to the DRPBID.

Parcel Type
Linear
Frontage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Inside 22,881.00 1.000 22,881.00 97.048% $123,645.35 $119,995.30 Adjacent 5,568.00 0.125 696.00 2.952% $123,645.35 $3,650.05 365
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Therefore, the allocation of the maintenance, safety, and nuisance abatement budget is as follows:

General Benefit – Public At Large $3,452.23
General Benefit – Inside Parcels $762.82
General Benefit – Adjacent Parcels $3,650.05
Special Benefit $119,995.30
Total $127,860.40
Marketing, Promotions and Business Development
The marketing, promotions, and business development budget, minus the amount of general benefit to the public-at-large, is $66,701.87. The calculations below determine the amount of general benefit to non-assessed parcels within the DRPBID.

Parcel Type
Square
Footage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Assessed 1,721,854.00 1.000 1,721,854.00 99.509% $66,701.87 $66,374.28 Non-Assessed 84,983.00 0.100 8,498.30 0.491% $66,701.87 $327.59 The marketing, promotions, and business development budget, minus the amount of general benefit to the public and non-assessed parcels within the DRPBID, is $66,374.28. The calculations below determine the amount of general benefit to parcels adjacent to the DRPBID.

Parcel Type
Linear
Frontage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Inside 22,881.00 1.000 22,881.00 97.624% $66,374.28 $64,797.46 Adjacent 5,568.00 0.100 556.80 2.376% $66,374.28 $1,576.82 Therefore, the allocation of the marketing, promotions, and business development budget is as follows:

General Benefit – Public At Large $1,850.93
General Benefit – Inside Parcels $327.59
General Benefit – Adjacent Parcels $1,576.82
Special Benefit $64,797.46
Total $68,522.80
Capital Improvements
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The capital improvements budget, minus the amount of general benefit to the public-at-large, is $4,976.32. The calculations below determine the amount of general benefit to non-assessed parcels within the DRPBID.

Parcel Type
Square
Footage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Assessed 1,721,854.00 1.000 1,721,854.00 99.387% $4,976.32 $4,945.81 Non-Assessed 84,983.00 0.125 10,622.88 0.613% $4,976.32 $30.51 The capital improvements budget, minus the amount of general benefit to the public and non-assessed parcels within the DRPBID, is $4,945.81. The calculations below determine the amount of general benefit to parcels adjacent to the DRPBID.

Parcel Type
Linear
Frontage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Inside 22,881.00 1.000 22,881.00 97.048% $4,945.81 $4,799.81 Adjacent 5,568.00 0.125 696.00 2.952% $4,945.81 $146.00 Therefore, the allocation of the capital improvements budget is as follows:

General Benefit – Public At Large $138.09
General Benefit – Inside Parcels $30.51
General Benefit – Adjacent Parcels $146.00
Special Benefit $4,799.81
Total $5,114.41
Administration, Contingency/Reserve, and Collection Fee The administration, contingency/reserve and collection fee budget line items relate to the activities and improvements provided. These costs have been allocated proportionally based on the special and general benefit provided by each category.

Special Benefit
to Parcels
General Benefit
to Parcels
Maintenance, Safety, and Nuisance
Abatement $119,995.30 $4,412.87
Marketing, Promotions and Business
Development $64,797.46 $1,904.41
Capital Improvements $4,799.81 $176.51
Activity Totals $189,592.57 $6,493.79
Percent 96.688% 3.312%
Administration,
Contingency/Reserve, & Collection Fee $50,398.03 $1,726.21 367
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Total Parcel Benefits $239,990.60 $8,220.00
iv. Total Benefits
Based on the foregoing calculations, the total benefits to assessed parcels, non-assessed parcels, and the general public are:

Special
Benefit to
Parcels
General Benefit
to Parcels
General
Benefit to
Public Total
Maintenance, Safety, and Nuisance
Abatement $119,995.30
$4,412.87 $3,452.23 $127,860.40
Marketing, Promotions and Business
Development $64,797.46
$1,904.41 $1,850.93 $68,552.80
Capital Improvements $4,799.81 $176.51 $138.09 $5,114.41 Administration, Contingency/Reserve, &
Collection Fees $50,398.03
$1,726.21 $1,446.41 $53,570.65
Total $239,990.60 $8,220.00 $6,887.66 255,098.26
c. Non-Assessment Funding
The programs funded by the DRPBID receive additional non-assessment funding in the form of grants, corporate sponsorships, event income, and other miscellaneous funds. These funding sources are anticipated to equal or exceed the amount of general benefit conferred annually by the DRPBID’s activities and improvements, $15,107.66. These non-assessment funds will be used to pay for the general benefit provided by the DRPBID’s activities and improvements, ensuring that parcel assessments will only be used to provide special benefits and “any additional costs of providing general benefits [are] not included in the amounts assessed.”16

2. Special Benefit
The activities and improvements to be provided by the DRPBID constitute and convey special benefits directly to the assessed parcels. Assessment law requires that “the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided.”17 Further, “no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”18 Special benefit “includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed.”19 To determine the total special benefit value to be conveyed to the assessed parcels, we deduct the general benefit value ($15,107.66) from the total value of the activities and improvements ($255,098.26). The remaining $ is considered the special benefit to assessed parcels (the “Total Assessment”). The Total Assessment represents the total value of the special benefit to be provided 16 Streets and Highways Code section 36632(a) 17 Cal. Const., art XIII D §4(a) 18 Ibid 19 Streets and Highways Code section 36615.5 368
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by the activities and improvements. The Total Assessment has been proportionally divided among the assessed parcels so that no assessment exceeds the reasonable cost of the proportional special benefit conferred on a parcel. The assessment rate has been designed to ensure that “properties that receive the same proportionate special benefit pay the same assessment.”20 Service Provided
Total Benefit
Value
General Benefit
Value to Public
Benefit Value to
Parcels (Special
& General)
Special Benefit
to Assessed
Parcels
Maintenance, Safety, and
Nuisance Abatement
$127,860.40 $3,452.23 $124,408.17 $119,995.30
Marketing, Promotions and
Business Development
$68,552.80 $1,850.93 $68,552.80 $64,797.46
Capital Improvements $5,114.41 $138.09 $5,114,41 $4,799.81 Administration $38,264.74 $1,033.15 $37,231.59 $35,998.59 Contingency/Reserve $12,754.92 $344.38 $12,410.54 $11,999.53 Collection Fees $2,550.99 $68.88 $2,482.11 $2,399.91
TOTAL $255,098.26 $6,887.66 $248,210.60 $239,990.60
B. Assessment Methodology

1. Base Formula
Each parcel will be assessed based on proportional special benefits received. The variables used for the annual assessment formula are parcel type and parcel square footage. These variables are appropriate measures of the proportional special benefit because the need for services, level of services, and quantity of services are all relative to these variables; thus the special benefit provided to each parcel by the services can be proportionally measured using these variables.

Determination of Assessment Rates
“Because not all parcels in the district are identical in size…some will receive more special benefit than others.”21 Each of the variables used relates directly to the service level and special benefit provided to each parcel. Parcel square footage is the size of the parcel, measured in square feet. Size is an appropriate measure of proportional special benefit because it relates directly to the quantity of services provided to the parcel, the highest and best use of a parcel, and reflects the long-term value implications of the DRPBID. The larger a parcel, the more services and benefit the parcel will receive.

Because not all parcels in the DRPBID are identical in use, some will receive more special benefit than others. For example, a commercial parcel will benefit to a lesser degree than a retail trade use parcel, because it will not enjoy the benefits of increased commerce resulting from the services. Further detail on the benefit to each parcel type is in the following pages. To determine the assessment rates, the assessed parcels were classified by the estimated benefit each type of parcel receives, the estimated special benefit value of the activities and improvements provided to each type was determined based 20 Tiburon v. Bonander (2009) 180 Cal.App.4th 1057 21 Dahms v. Downtown Pomona (2009) 174 Cal.App.4th 708 369
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on approximate cost of service provision, and an assessment rate that is proportional to the estimated proportional benefit received by each parcel type was determined.

To determine the assessment rates, the estimated special benefit value for each parcel type was divided by the total assessable parcel square footage as shown in the tables below.

Parcel Type
Parcel types were categorized based on their typical amount of foot and vehicle traffic on the various parcels. Retail trade use parcels will receive the highest level of services because their owners aim to benefit from increased customers or increased use by visitors and receive the highest volume of foot and vehicle traffic. However, parcels with low traffic, such as private tax-exempt parcels, will receive a lower level of services, because their owners primarily aim to benefit from increased cleanliness and security and receive the lowest level of foot and vehicle traffic. The approximate cost of special benefit services by parcel type was determined. Then, the special benefit cost of services by type was divided by the frontage and square footage of those parcels to determine the assessment rates.

Parcel Size
The DRPBID’s services will benefit each assessed parcel as a whole. The service budget which, in this Engineer’s estimation, represents special benefits to the parcels, has been allocated based on parcel size and parcel frontage.

Parcel Type
Initial Parcel
Size Budget
Parcel Square
Footage
Initial Parcel
Assessment
Rate
($/sqft/yr)
Commercial 219,090.60 ÷ 1460604 = 0.15
Non-Profit Housing 20,900.00 ÷ 261250 = 0.08
Summary of Assessment Rates
Therefore, for the initial year, the maximum annual assessment rates to parcels are as shown below and in Appendix 1. Maximum annual assessment rates may be subject to an increase of no more than three percent (3%) per year as shown in Appendix 1. Pursuant to Streets and Highways Code §36622(f) bonds shall not be issued.

If you would like more information about parcel assessments, please call Civitas at (916)437-4300 or (800)999-7781.

Parcel type Assessment rate (per square foot)
Commercial $0.15
Non-Profit Housing $0.08
Sample assessment calculations are shown in Appendix 4. 370
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Parcel Categorization
Assessment categories for each parcel were determined based on the parcel’s land use code as shown in the Assessor’s Records and supplemented by other available information. In general, the assessment category for each parcel reflects the use of the parcel as described by its land use code. Parcels with multiple uses, such as strip malls with retail storefronts and commercial use buildings on the same parcel, are assessed at the rate applicable to the use that occupies the largest portion of the building square footage. In cases where the land use code and actual use differ, the actual use prevails for classification purposes.

1. Commercial
Commercial parcels will receive and benefit from all DRPBID services, which are aimed to attract and increase customers and visitors to assessed parcels. These parcels have a commercial component because their owners aim to benefit from tenant rents, increased customers, or increased use by visitors. The primary purpose of the DRPBID is to provide property owner services which generate special benefits to parcels with commercial uses.

2. Non-Profit Housing
Parcels owned and operated by non-profit housing agencies will receive and benefit from a portion of the DRPBID’s services. They will not, however, receive the same degree of special benefit that is received by commercial parcels as they are not used for commercial purposes. These parcels will receive and benefit from a portion of the DRPBID’s cleaning and maintenance programs. They will not receive nor benefit from marketing, promotions and business attraction services. Due to their lower pedestrian traffic and non-commercial nature, these parcels have a lower need for services; therefore, they will receive services less frequently and less intensively that commercial parcels. Thus, non-profit housing parcels will be assessed at a rate commensurate with the degree of special benefit.

3. Government-Owned Parcels
The California Constitution, in Article XIII D, provides that “parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.” No public agency owning parcels in the district has made such a demonstration. Government-owned parcels within the DRPBID will receive special benefit from the full range of DRPBID services and will therefore be assessed at the full commercial rate, commensurate with the degree of special benefit. There are thirty-one (31) City of Richmond parcels and one (1) County of Contra Costa parcel.

4. Exempted parcels/Non-Assessed
There are sixty-eight (68) parcels within the DRPBID that will not be assessed. These parcels will not specially benefit from or directly receive the DRPBID’s activities and improvements. These parcels are accounted for in the analysis of general benefit provided to non-assessed parcels within the DRPBID.

These parcels have the following use:
• Residential Parcels: The state legislature has determined that “properties zoned exclusively for residential use…are conclusively presumed not to benefit from the improvements and services 371
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funded through these assessments, and shall not be subject to any assessment.”22 The activities and improvements to be provided are designed to specially benefit commercial and parking parcels via increased commerce, occupancy, and lease rates. None of these benefits apply to residential parcels, which will not be serviced or benefit from the DRPBID’s activities. Residential parcels are those parcels with four family units or less, residential common areas, residential vacant lots, residential planned unit development, and residential condominiums. There are sixtyeight (68) residential parcels within the DRPBID that will not be assessed.

5. Changes in Data
Every effort has been made to ensure each parcel included in the DRPBID is clearly identified and that all parcels included in the DRPBID are consistent in the boundary map and the assessment calculation table. However, errors in data can and may arise or data may change after formation of the DRPBID.

Inconsistencies may include updated parcel sizes or parcel splits. If inconsistencies arise, the order of precedence shall be: 1) the assessment calculation table and 2) the boundary map.

If the parcel size or type of a parcel changes during the term of the DRPBID, the assessment calculation may be modified accordingly.

Categorization Appeals
The category determined for each parcel is shown in Appendix 4. The use for each parcel is established at formation and may be updated upon each renewal. If a parcel owner believes their parcel has been mis-classified or has changed, they may appeal in writing to the City of Richmond for re-consideration.

Appeals must be received by the City no later than June 1 of each year. Appeals must include the parcel number, current classification, requested classification, and the evidence upon which the appeal is based (for instance if a parcel is occupied by a retail store, but classified as commercial, a current photo of the retail store showing the building number). Appeals will not provide retroactive reductions.

Appeals should be made to:

Thomas Omolo
Richmond City Manager’s Office, Economic Development
[email protected]
(510) 620-5560
A. Assessment Notice
During the hearing process, an Assessment Ballot will be sent to owners of each parcel in the DRPBID.

The Assessment Ballot provides an estimated assessment for each parcel. The final individual assessment for any particular parcel may change, up or down, if the parcel square footage, linear front footage, or type differ from those used to calculate the amount shown on the notice, which can be found in Appendix

4. B. Time and Manner for Collecting Assessments
As provided by State Law, the DRPBID assessment will appear as a separate line item on annual property tax bills prepared by the County of Contra Costa. Alternatively, the DRPBID assessment may be collected by the City of Richmond if needed. Property tax bills are generally distributed in the fall, and payment is expected by lump sum or installment. The County of Contra Costa and City of Richmond shall distribute 22 Streets and Highways Code § 36632(c)
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funds collected to RMSI. Existing laws for enforcement and appeal of property taxes, including penalties and interest, apply to the DRPBID assessments.

C. Bonds
Bonds will not be issued to finance services as a part of this DRPBID.

D. Engineer’s Certification
I hereby certify, to the best of my knowledge and experience, that each of the identified assessed parcels located within the Downtown Richmond Property and Business Improvement District will receive a special benefit over and above the general benefits conferred and that the amount of the assessment is no greater than the proportional special benefits conferred on each parcel, as described in this Engineer’s Report.

Review of this Downtown Richmond Property and Business Improvement District Management District Plan and preparation of the Engineer’s Report was completed by:
__________________________
Ross Peabody
State of California
April 6, 2022
Date
This Engineer’s Report is intended to be distributed as part of the Management District Plan in its entirety, including the Assessment Calculation Table (Appendix 3) and the Boundary Map. Reproduction and distribution of only Section VII of this Management District Plan violates the intent of this stamp and signature. 373
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APPENDIX 1 – MAXIMUM ANNUAL ASSESSMENT RATES
Year Commercial Non-Profit Housing
2023/24 $0.150000 $0.080000
2024/25 $0.154500 $0.082400
2025/26 $0.159135 $0.084872
2026/27 $0.163909 $0.087418
2027/28 $0.168826 $0.090041
2028/29 $0.173891 $0.092742
2029/30 $0.179108 $0.095524
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APPENDIX 2 – PBID LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2020 SUPPLEMENT *** (ALL 2019 LEGISLATION)

STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part
This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businessesin a business district are not taxesfor the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
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(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed.

Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits.

The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessmentsthey may levy and the proper determination ofspecial benefits.

Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.
36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions
Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.
36604. Severability
This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.

ARTICLE 2. Definitions
36606. “Activities”
“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 376
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36606.5. “Assessment”
“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.
36607. “Business”
“Business” means all types of businesses and includes financial institutions and professions. 36608. “City”
“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. “City council”
“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. “Clerk”
“Clerk” means the clerk of the legislative body.
36609.5. “General benefit”
“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.
36610. “Improvement”
“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.
36611. “Management district plan”; “Plan”
“Management district plan” or “plan” means a proposal as defined in Section 36622. 36612. “Owners’ association”
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“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all records relating to activities of the district. 36614. “Property”
“Property” means real property situated within a district. 36614.5. “Property and business improvement district”; “District” “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.
36614.6. “Property-based assessment”
“Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district”
“Property-based district” means any district in which a city levies a property-based assessment. 36615. “Property owner”; “Business owner”; “Owner”
“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit”
“Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
36616. “Tenant”
“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions 378
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This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.

CHAPTER 2. Establishment
36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council
A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.
36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district.

The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request.
(c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.
36622. Contents of management district plan
The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner 379
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to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries.
(b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k) (1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that 380
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