Cities Index.
Agenda

Richmond City Council
May 26, 2026

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Agenda
Meeting
May 26, 2026
Body
Richmond City Council
Pages
190
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265.7 MB
Text extracted from the city's file for reading and search. Open the original on pub-richmond.escribemeetings.com. That file is the official record.

May 26, 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
2247
Reso. No. _____

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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
2248
Reso. No. _____

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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
2249
2250
2251

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May 26, 2026
City Council
DATE: May 26, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Vice Mayor Doria Robinson
Subject: Presentation from Richmond Promise: Helping to build a stronger Richmond by deeply supporting Richmond
students to access and successfully complete postsecondary education (not only 4 year college) FINANCIAL IMPACT: There is no direct fiscal impact associated with receiving this presentation. Any future funding commitments or
scholarship support identified by the City Council will be evaluated and presented as part of future budgetary
action.

PREVIOUS COUNCIL
ACTION:

May 26, 2015, June 16, 2015, June 23, 2015, July 28,
2015, August 3, 2015, September 22, 2015, September
29, 2015, October 27, 2015, November 17, 2015, May
27, 2025

STATEMENT OF THE
ISSUE:

Since its establishment as a key component of the ECIA
settlement and fund, Richmond Promise has evolved
significantly. It is essential for the City Council and the public to understand the organization’s current scope of services, how it supports youth before, during, and after post-secondary education, and the impact it has
achieved to date. This discussion also highlights the
program’s current needs as it endeavors to continue to
serve Richmond students.

AGENDA
REPORT
2252

Page 2 of 3 ends

May 26, 2026
RECOMMENDED ACTION: RECEIVE a presentation from Richmond Promise on the organization’s current scope of services, how it supports youth before, during, and after post-secondary education, and the impact it has achieved to date and to highlight the program’s current needs as it continues to serve
Richmond students; and DIRECT staff to explore funding
to support scholarships for Richmond youth - Vice Mayor (Doria Robinson 510-620-6568). This item was
continued from the May 19, 2026, meeting.

DISCUSSION:

Richmond Promise is dedicated to ensuring that all students in Richmond excel in and through higher education, achieve their career goals, and become leaders in their community.

The organization envisions a future in which every child in Richmond has access to high-quality education; successfully transitions from high school to higher education; earns a postsecondary degree or credential; thrives in a chosen career; and contributes as a positive force for change locally and beyond.

Launched in January 2016, Richmond Promise is a community-wide college success initiative committed to building a strong college-going and college-completing culture in Richmond, California. It is grounded in the belief that every student—regardless of race, income, or background—deserves the opportunity to develop their talents and reach their full potential.

This agenda item provides an overview of Richmond Promise’s current scope of services, including how the program supports youth before, during, and after their postsecondary journeys. It will also highlight the organization’s impact since its founding and outline the resources needed to continue serving future generations of Richmond students.

Key City Council Dates:
 July 29, 2014 - The Richmond City Council approved the Chevron Environmental and Community Investment Agreement (ECIA)
 May 26, 2015 - City staff presented the draft Richmond Promise Strategic Action Plan to the City Council
 August 3, 2015 - The City Council received a presentation and authorized the City Manager to enter into an agreement with Chevron to establish an administrative plan for the Richmond Promise consistent with the guidelines of the ECIA and enter into administrative service contracts to ensure the scholarship was available to seniors graduating in 2016
 September 22, 2015 - City staff provided a report on the recommendations developed by the Richmond Promise Ad Hoc Committee
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Page 3 of 3 ends

May 26, 2026
 September 29, 2015 - City Council discussed and provided direction on specific policy options pertaining to the Richmond Promise and the Strategic Action Plan  November 17, 2015 - City Council discussed and approved specific policy options pertaining to the Richmond Promise with respect to school eligibility and award amounts
 January 29, 2016 - Program launch and operationalization  May 27, 2025 - City Council received a report from the Richmond Promise Team related to the scholarship background, scholarship successes, finances, and organizational management
SYNERGISTIC POLICIES:
 General Plan – Education and Human Services (EH) Element (2) o Goal EH1 A Comprehensive and accessible Education System Collaborate and partner with educational providers to expand educational opportunities and lifelong learning in support of Richmond residents’ diverse needs. A comprehensive educational system will address learning from infancy to old age and include affordable daycare, strong K-12 education, engaging outof-school offerings, stimulating senior activities and other age-specific enrichment opportunities. A widely accessible system will rely on appropriate programing, language needs, cost, scheduling, facility location, capacity and physical access. o Goal EH2 an Educated and Skilled Workforce
Work with educational program providers to nurture the growth of a strong local workforce. Up-to-date workforce and job skills training, apprenticeships and other educational opportunities are fundamental to economic improvement. Improve the caliber of Richmond’s workforce by expanding these resources so that they are relevant to today’s job market and widely accessible to all residents. o Goal EH3 Equitable and High-Quality Human Services
Collaborate with human service providers in the nonprofit, private and public sectors in their efforts to provide a robust network of human services tailored to the needs of the Richmond community. High-quality and equitable programs for the elderly, children and at-risk populations are integral to enhancing neighborhood stability and helping to shape quality of life for residents. o Policy EH1.2 Higher Education - Support efforts by community colleges and other institutions of higher education to provide comprehensive adult education programs, continuing education, job training and career advancement. These programs will provide opportunities for economic advancement and address the needs of residents, particularly those without post-secondary education.

DOCUMENTS ATTACHED:

Attachment 1 – Richmond Promise PPT
2254
City Council Presentation
2255 May 2026
Making a promise for Richmond
● Launched in 2016
● City of Richmond founder and anchor funder
○ $35 million in ECIA funding allocated to Richmond
Promise over 9 years (funding ended in 2024)
Mission: Richmond Promise aims to ensure all students in Richmond excel to and through higher education, reach their career goals, and become leaders in the Richmond community.

INTRO & BACKGROUND
“Richmond Promise has been an excellent partner for me at Kennedy to promote new pathways for our students to
follow once they graduate.” - Mr. Pollock, Kennedy High School 2256
CARRYING OUT THE CITY’S VISION
Through our Bylaws, the City of Richmond tasked Richmond Promise to carry out the following objectives
Provide
scholarships to
eligible students
Partner with WCCUSD to
provide pathways for
students to attend UCs,
CSUs, community
colleges, and CTE
programs
Increase economic
well-being of Richmond
and improve the health and
quality of life for Richmond
residents by producing a
college-ready workforce
2257

PILLARS OF SUPPORT

COLLEGE ACCESS
& AWARENESS

POSTSECONDARY

AFFORDABILITY

SCHOLAR SUCCESS CAREER SERVICES
Early College Awareness
programming (supporting
middle school students and
9th and 10th graders)
A-G Requirement
Workshops
College Access programming
(supporting high school
seniors)
Office hours support
Summer workshops
MOU partnerships with
colleges & universities
Basic needs funding
Digital divide support
(laptops, printers, software)
Student employment
One-on-one coaching and
office hours support
Career Accelerator Program
Mentorship Program
Career Hub
Internship and job search
support
Alumni Association
One-on-one coaching and
office hours support
Annual, renewable
scholarship
Financial aid completion
support (annual renewal)
Financial aid dispute
support (case by case)
2258
Richmond Promise Scholarship – $1,500 per year for up
to 6 years of a student’s undergraduate education
Eligibility Requirements:
● Be a resident of the City of Richmond or unincorporated North Richmond ● Graduate or have graduated from an eligible high school within the WCCUSD boundary area or received a GED/high school equivalency ● Graduate in an eligible year
● Have attended an eligible high school from at least 9th-12th grade consecutively
● Be under the age of 24
● Complete the FAFSA/Dream Act Application
● Submit a Richmond Promise Scholarship application by the application deadline

THE SCHOLARSHIP
2259

SCHOLAR SNAPSHOT
Students who have been awarded a scholarship
● 4,600+ Scholars awarded since 2016
● 1,300 Scholars served on average per year
● 91% of Scholars identify as people of color
● 70% of Scholars come from low income households
● 64% of Scholars are first-generation college students ● 67% year-to-year persistence rate
● 56% of all Scholars graduated from WCCUSD high schools “I grew up feeling like I shouldn’t be attending a well respected university, but I am, and I have Richmond
Promise to thank for their aid and belief in me.”
- Olinda (pictured left) 2260
Richmond Promise Scholars have attended more than 220 colleges and universities around the country. 70% of Scholars attend four-year institutions. 89% attend public institutions in California.

TOP INSTITUTIONS & SYSTEMS
“Richmond Promise has always played an important role in my college life by making sure that I’m doing what I have to do to in order to be successful and being there to support me whenever I need it.” - Stefania (pictured right)
Top colleges by concentration of
current Scholars:

1. Contra Costa College - 20%

2. San Francisco State - 12%

3. UC Berkeley - 10%

4. UC Davis - 8%

5. San Jose State - 4%
Top education systems by
concentration of current Scholars:

1. UC System - 31%

2. CSU System - 28%

3. CA Community Colleges - 30%

4. AICCU (Private CA) - 5%

5. Out of state/other - 6%
2261

OUR FIRST DECADE OF SUCCESS

PROGRAMS & SERVICES FINANCIAL & OPERATIONAL COLLEGE PROMISE LEADERSHIP ● 130 school site workshops or
visits on average per year
● 90% scholarship claim rate
(2020 - 2025)
● 240+ student employees hired
since 2016
● $14+ million paid in
scholarships since 2016
● $27 million pledged in
scholarships since 2016
● White House visit and
recognition (2016)
● Host of PromiseNet national
conference (2019)
● Co-founder of the Northern
California College Promise
Coalition (2019)
● College Promise National
Leadership Council (2023)
● College Promise National Impact
Award (2025)
● $4+ million raised since 2016
● $4+ million earned in
investments since 2016
● Fundraising and investment
revenue covers 87% of all
non-scholarship expenses
● 4.3% average management &
general operations expenses
(2019 -2024)
2262

KEEPING OUR PROMISE FOR YOUTH
Anchor funding needed to continue scholarship support
● Receiving at least $2.1 million per year to support scholarships will allow Richmond Promise to:
○ Award new scholarship recipients beyond 2027
○ Evolve our scholarship to better meet the needs of students and families
○ Evolve our programming to more effectively bridge service gaps within WCCUSD and our local education ecosystem
○ Pursue fundraising strategies that support student outcomes instead of organizational sustainability
“Richmond Promise has not only been a financial blessing for my education by reducing the weight of the amount of tuition I have to pay but they have also provided resources and support that I can take advantage of while in school.” - Kynnedy (pictured right) 2263

KEEPING OUR PROMISE FOR YOUTH
Additional funding allows us to deepen our impact for the community ● Explore beginning Richmond Promise cohorts in high school ● Deepen engagement requirements to better support postsecondary success
● Increase the amount of the scholarship to adjust for inflation and raising cost of higher education
● Right-size Scholar cohorts while still maintaining a non-competitive, community-wide model
● Deepen local workforce partnerships to create more opportunities for Scholars to begin careers in Richmond
“Richmond Promise has helped my family and I with paying tuition. Although Richmond Promise is known for its
scholarship, they have amazing resources such as mentors.” - Luis (pictured right)
2264
Wells
Fargo
logo
Richmond Promise Growth Projections – Impact of support from City of Richmond The following represents projections of values tied to a study of Richmond Promise financial performance and budget planning for the next 10 years.

Outlook of Current Scenario –
• 5 ½ years remaining life expectancy of organization
• Lack of additional supports limits near term fundraising development enhancement efforts • Only 2 more classes of scholarship recipients able to achieve full matriculation (2026 & 2027) Scenario One: No Support from City of Richmond
Prepared by Wells Fargo Advisors 2265
Wells
Fargo
logo
Richmond Promise Growth Projections – Impact of support from City of Richmond The following represents projections of values tied to a study of Richmond Promise financial performance and budget planning for the next 10 years and includes 5 years of financial support from the City of Richmond.

Outlook of Scenario Two
• Establishes 65% longer lifespan for the organization – from 2031 through most of 2035 • Opportunity to bolster fundraising team to enhance future philanthropic support – path to sustainability • Allows for full matriculation of 5 additional classes of student scholarship recipients • Promotion of partnership and community support – use this gift for local/regional promotion of city support of direct resident benefit program
Scenario Two: $2,100,000 annually for five years from City of Richmond
Prepared by Wells Fargo Advisors 2266

COMMITTED TO SUSTAINABILITY
Strategies to support long-term fund sustainability
● Raise $3 - $5 million per year beginning in 2026 through ○ Anchor funding for scholarships
○ Exploring quasi-endowment and other growth focused investment strategies ○ Diversified and expanded donor portfolio
● Reducing or eliminating underutilized programs and services ● Consolidating services and adopting a more cost efficient casework model ● Enter new partnerships to combine services, costs, and capacity 2267

RICHMOND PROMISE FACES CLOSURE
● Without new anchor funding for scholarships by 2026, Richmond Promise must consider:
○ Closing the scholarship to new applicants beginning as early as the class of 2027 ○ Eliminating programs that support postsecondary access and awareness, including programs that close service gaps within WCCUSD
○ Eliminating programs that support postsecondary matriculation and persistence, including programs that support Richmond students at Contra Costa College
○ Closing the organization by 2031 (if no changes are made to our service model) Without anchor funding, Richmond Promise faces closure by 2031 2268

THANK YOU FOR YOUR LEADERSHIP
“Richmond Promise means to me that
my community wants me to succeed,
that I can become somebody with the
help of my town.”
Caption: Edgar, a Richmond Promise alumnus,
poses for a photo in his SF State graduation cap
and stole in 2024. 2269

Page 1 of 3 ends

May 26, 2026
City Council
DATE: May 26, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Councilmember Cesar Zepeda
Councilmember Jamelia Brown (co-sponsor)
Councilmember Soheila Bana (co-sponsor)
Subject: Consider Amending Richmond Municipal Code Chapter

11.05 entitled “Fireworks”
FINANCIAL IMPACT: The fiscal impact is currently undetermined pending further analysis.

PREVIOUS COUNCIL
ACTION:

July 22, 2021
September 20, 2011
November 2, 2021
November 16, 2021

STATEMENT OF THE
ISSUE:

Fireworks have been a constant danger to our
community in the City of Richmond. City Council needs to amend our ordinance to discourage and disincentivize
people from using fireworks.

RECOMMENDED ACTION: REQUEST the city attorney and the city manager to make recommendations and propose amendments to
Richmond Municipal Code Chapter 11.05 of the
Fireworks Ordinance that extends liability to hosts and increases administrative penalties and return to City
Council for proposed recommendations within 90 days -
Councilmember Cesar Zepeda (510-620-6593),
Councilmember Jamelia Brown (510-609-5780), and
Councilmember Soheila Bana (510-672-5242).

AGENDA
REPORT
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Page 2 of 3 ends

May 26, 2026
DISCUSSION:

The neighboring City of San Pablo has updated its fireworks ordinance to discourage people from using fireworks. Due to their ordinance being stricter than the current Richmond fireworks ordinance, it could encourage people to come to Richmond to discharge their fireworks since our current ordinance lacks the same penalty structure.

The City needs a similar ordinance to discourage people from discharging illegal fireworks within the City boundaries.

This agenda item directs the City Attorney and City Manager to study other ordinances and make recommendations for consideration of possible ordinance amendments to Municipal Code Chapter 11.05.

Suggested amendments may include adding “Social Host Liability” and administrative penalties:
(1) Extend liability to “Hosts”:

Although the City Attorney’s Office and staff will need to evaluate this further, San Pablo has a “Social Host Liability” provision that is below:

It will be public nuisance for any property owner or person in control of property to allow any person to sell, possess, ignite, explode, project or otherwise fire or make use of fireworks on the property owned by such person, or on property or at an event under the control of such person, irrespective of whether the property owner or person in control of the property or event had the intent or knowledge of such violation or otherwise acted negligently. Such violation is expressly declared a strict liability offense. A property owner or person in control of the property or event is not in violation if they seek immediate assistance from the City's Police Department or the Contra Costa County Fire Protection District to prevent or stop violation of the Code.

The City of Richmond may consider something similar with respect to adding Social Host Liability to Chapter 11.05.
(1) Add Administrative Penalties:

Another suggested policy change to the current ordinance is to add administrative penalties similar to those in effect in San Pablo. For instance, the first offense is a $1,000 administrative citation (per discharge), and the second and subsequent offenses within the same 1-year period are a $2,500 administrative citation (per discharge). The City Attorney and City Manager should also provide recommendations regarding potential additional reimbursement of public safety personnel costs.

DOCUMENTS ATTACHED:

Attachment 1 – San Pablo - Fireworks Ordinance
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May 26, 2026
Attachment 2 – 11.02.2021 Intro an ordinance first reading Amendments to Fireworks redlines Attachment 3 – 11.02.2021 Intro an ordinance first reading Amendments to Fireworks clean Attachment 4 – 11.16.2021 Into an ordinance first reading Amendments to Fireworks Ordinance redlines
Attachment 5 – 11.16.2021 Introduce an ordinance first reading Amendments to Fireworks Ordinance clean
2272
CHAPTER 8.42
Fireworks
§ 8.42.010. Definitions.

A. "Fireworks" in this chapter means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term "fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, rockets, skyrockets, Roman candles, squibs, torpedo canes, fire balloons, Daygo bombs, M-80s, sparklers, wire core sparklers, wooden core sparklers, chasers, fountains, smoke sparks, aerial bombs, black cartridges, fireworks kits, firecrackers, other combustible devices or explosive substances by whatsoever name known, and any other fireworks included in the definition of fireworks found at Cal. Health & Safety Code § 12511. The term "fireworks" includes both "dangerous fireworks" as defined in Cal. Health & Safety Code § 12505 and "safe and sane fireworks" as defined in Cal. Health & Safety Code § 12529.

B. "Host" in this chapter shall mean any of the following:

1. An owner of any private residential or non-residential real property in the city; Any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; or

2. Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property.

3. C. "Response costs" mean those reasonable and necessary costs directly incurred by public safety personnel in connection with a response to the unpermitted discharge or illegal storage of fireworks, and includes the cost of providing law enforcement, firefighting, and/or other emergency services at the scene of any unpermitted discharge or illegal storage of fireworks, including, but not limited to:

The cost of salaries and benefits of public safety personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the unpermitted discharge or illegal storage of fireworks, and the administrative costs attributable to the response(s);

1. The cost of any medical treatment provided to or for any public safety personnel injured responding to, remaining at, or otherwise dealing with the unpermitted discharge or illegal storage of fireworks; and

2. The cost of repairing any public safety equipment or property damage, and the cost of the use of any such equipment, in responding to, remaining at, or otherwise dealing with an unpermitted discharge or illegal storage of fireworks.

3. D. "Strictly liable" in this chapter shall mean liability for a wrongful act regardless of City of San Pablo, CA
§ 8.42.010 § 8.42.010
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(Ord. 2025-003, 10/20/2025)
§ 8.42.020. General prohibition against possession, sale, or use of fireworks. (Ord. 2025-003, 10/20/2025)
§ 8.42.030. Host's liability.
(Ord. 2025-003, 10/20/2025)
a person's intent, knowledge, negligence, or lack thereof, in committing the wrongful act.

A. Except as otherwise provided in this chapter, no person shall possess, store, display, display for sale, offer for sale, sell, ignite, discharge, explode, or use any Firework within the city.

B. Any person who allows, permits, maintains, aids, or abets any violation of this section shall also be in violation of this section.

C. The provisions of this section shall not apply to:

1. "Snap caps" and "party poppers" (classified by the State Fire Marshal as nonfirework pyrotechnic devices).

2. The possession, transport, sale, and use of red flares (highway fuses) as a warning device.

3. The possession, transport, sale, and use of "exempt fireworks" as defined in Cal. Health & Safety Code § 12508.

4. Activities related to a public fireworks display event authorized by the city under a special event permit, if that special event permit also includes a permit for fireworks issued by the city or by the Contra Costa County Fire Protection District under the California Fire Code, so long as such display takes place under the supervision and direction of a state-licensed operator.

A. It is unlawful, a violation of this chapter and a public nuisance for any property owner or person in control of property to allow any person to sell, possess, ignite, explode, project or otherwise fire or make use of fireworks on the property owned by such person, or on property or at an event under the control of such person in violation of this chapter, irrespective of whether the property owner or person in control of the property or event had the intent or knowledge of such violation or otherwise acted negligently. Such violation is expressly declared a strict liability offense. A property owner or person in control of the property or event is not in violation of this section if they seek immediate assistance from the City's Police Department or the Contra Costa County Fire Protection District to prevent or stop a violation of this chapter.

B. Nothing in this section shall limit or preclude enforcement against any other violator for any violation of this chapter.

City of San Pablo, CA
§ 8.42.010 § 8.42.040
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§ 8.42.040. Enforcement.

The following persons are granted the authority to enforce this chapter: peace officers, code enforcement officers, and Contra Costa County Fire Protection District personnel. (Ord. 2025-003, 10/20/2025)
§ 8.42.050. Seizure.

Any peace officer, code enforcement officer, or Contra Costa County Fire Protection District personnel may seize, take, remove, or cause to be removed any fireworks possessed, used, stored, or displayed in violation of this chapter and such fireworks deemed to be illegal under this chapter may be destroyed if no appeal has been filed pursuant to the procedures set forth in Section 8.42.070, or at the time any such appeal is ultimately resolved.
(Ord. 2025-003, 10/20/2025)
§ 8.42.060. Penalties for violations.

A. Administrative citation. Each violation of this chapter by any person shall be subject to an administrative citation as follows:

1. One thousand dollars fine for each device.

2. Two thousand five hundred dollars for each device on subsequent offenses within one year.

B. The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to any other remedies provided in this chapter or any other law, statute, ordinance or regulation.

C. Any person who violates this chapter shall be guilty of a misdemeanor.

D. Response costs. A responsible person(s) who has been issued a second administrative citation and/or written notice of violation of this chapter within a one-year period from the first citation or notice of violation may be liable for response costs incurred in responding to the unpermitted discharge or illegal storage of fireworks. All responsible persons shall be jointly and severally liable for the response costs incurred in the response and all subsequent responses. The amount of response costs constitutes a debt owed to the city.

If a responsible person is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the response costs incurred pursuant to this chapter. To incur liability for response costs imposed by this chapter, the parent(s) or guardian(s) for the juvenile committing a violation of this chapter need not be present at the event or occurrence that causes the response giving rise to the imposition of response costs. This chapter therefore imposes vicarious as well as direct strict liability upon such parent(s) or guardian(s).

1. Notice of the response costs shall be served by first-class mail on the responsible person liable for such costs. The notice shall contain the following City of San Pablo, CA
§ 8.42.040 § 8.42.060
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(Ord. 2025-003, 10/20/2025)
§ 8.42.070. Administrative citation review.
(Ord. 2025-003, 10/20/2025)
information:
a. The name of the responsible person who is liable for the response costs; b. The address of the private property where the incident occurred; c. The date and time of the response;
d. The law enforcement, fire, or other emergency response personnel who responded; and
e. An itemized list of the response costs.

2. Payment for response costs shall be remitted to the City of San Pablo within thirty calendar days of the date of the notice. The payment of any such costs shall be stayed upon the filing of a timely appeal.

3. A responsible person charged with response costs may, within ten calendar days of the date of the notice of response costs, appeal the response costs pursuant to the process in Section 8.42.070, and the appeal hearing shall be scheduled and conducted in the manner prescribed in this chapter.

4. Failure to timely and properly file an appeal constitutes a failure to exhaust available administrative remedies and bars any further review or administrative appeal of the response costs, which shall be deemed final.

E. Violations of this chapter are hereby declared to be a public nuisance subject to abatement by any means authorized by law, including but not limited to injunctive relief.

F. Each occurrence of a violation shall constitute a separate and distinct violation.

G. All remedies prescribed under this chapter are cumulative and the city may utilize each remedy in lieu of or in addition to each any other remedy.

A. Any recipient of an administrative citation may appeal the citation in accordance with the procedures set forth in Section 1.10.070. Any hearing shall be conducted in accordance with the procedures set forth in Chapter 1.10 (Administrative Citations).

B. Any administrative citation fine, or portion thereof, paid pursuant to this chapter shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

City of San Pablo, CA
§ 8.42.060 § 8.42.070
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1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING CHAPTER 11.05 OF THE CITY OF RICHMOND MUNICIPAL CODE ENTITLED “FIREWORKS”
WHEREAS, the Richmond City Council, pursuant to police powers delegated to it by the California Constitution, has the authority to enact legislation that promotes public health, safety and general welfare of its residents; and
WHEREAS, the State of California has received historically low amounts of rain and snow over the past year; and
WHEREAS, Governor Newsom has issued a drought emergency proclamation declaring a state of emergency to address historically low and unanticipated shortages in the amount of available water; and
WHEREAS, according to the National Integrated Drought Conditions, 2021 was the sixth driest year to date for Contra Costa County in the last 127 years; and WHEREAS, given the historically dry conditions in California and the extreme water shortage due to the ongoing drought conditions statewide, there is an exceptionally high risk of fires occurring in California, including in the City of Richmond; and WHEREAS, the illegal possession, manufacture, storage, sale, handling and use of fireworks on private property is harmful to and creates a threat to public health, safety, quiet enjoyment of residential property; and
WHEREAS, those risks are particularly high because of the current drought since fireworks present significant wildfire fire risk; and
WHEREAS, according to the National Fire Protection Association, fireworks start over 19,000 fires, send over 9,000 people to the emergency room each year in the U.S., and cause $105 million in direct property damage. (Marty Ahrens, “Fireworks Fires and Injuries,” NFPA Research, June 2020.); and
WHEREAS; the City of Richmond seeks to amend its municipal code that governs fireworks; and
WHEREAS, while the discharge of illegal fireworks can be tied to a particular residence or property, it is often difficult law enforcement officers to determine who at the residence or property discharged the illegal firework(s); and
WHEREAS, the owner or tenant of the premises is often in the best position to control and 2277
2 knows or should know of the possession, manufacture, storage, sale, handling and use of illegal fireworks on his/her/their residence; and
WHEREAS, as a result, since December of 2018, although the Richmond Police Department received 4,577 calls for service regarding fireworks and only eleven (11) citations were issued; and
WHEREAS, public health, safety and welfare of the community will be safeguarded by holding property owners’ strictly liable for the unlawful use of fireworks on their property as well as holding adults strictly liable who have the care, custody or control of a minor for the use of fireworks by the minor; and
WHEREAS, the City may declare such activities as nuisances and regulate them under the authority of Government Code sections 38771 and 12541, and the City’s police powers under the California Constitution, Article XI, section 7; and WHEREAS, the City Council desires to authorize the issuance of administrative citations with increased fines for violations of this chapter in order to further deter unlawful fireworks related activities; and
WHEREAS, these administrative fines are imposed under the authority of Government Code section 53069.4, Health and Safety Code section 12557, and the City’s police powers; and WHEREAS, the City Council finds and determines that holding property owners, property managers, residents and responsible persons individually liable for the use of illegal fireworks is necessary to protect the safety, health and welfare of the public.

THEREFORE, LET IT BE RESOLVED THAT NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND does ordain as follows:

SECTION 1.

Chapter 11.05 entitled “FIREWORKS” of the City of Richmond Municipal Code is hereby amended as follows (strikeout text indicates deletion; underline text indicates insertion):

Sections:

11.05.010 Definitions.

11.05.020 Fireworks Activities Prohibited.
2278
3 11.05.030 Host Liability.

11.05.040 Seizure of Fireworks.

11.05.050 Violations and Penalties.

11.05.010 - Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section unless the context specifically indicates otherwise:
(a) “Enforcement Officer” means any peace officer, fire marshal, Richmond Fire Chief, code enforcement officer or any other designee of the City Manager. (b) “Fireworks" has the meaning set forth in Health and Safety Code section 12511, as amended.
(1) The term “Fireworks” includes the following:
a. “Dangerous Fireworks” as defined in Health and Safety Code section 12505, as amended.
b. “Safe and Sane Fireworks” as defined in Health and Safety Code section 12529, as amended.
(2) The term “Fireworks” excludes the following:
a. “Party Poppers” and “Snap Caps” as each is defined in California Code of Regulations, Title 19, section 980, as amended. b. “Exempt Fireworks” as defined in Health and Safety Code section 12508, as amended.
(c) “Health and Safety Code” means the California Health and Safety Code. (d) “Person” includes any individual, entity or organization. (e) “Responsible Party” means any of the following:
(1) A person who owns, rents, leases, or otherwise has possession of, or is in the immediate control of, a residence or other private property; or 2279
4 (2) A person who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at a residence, other private property or on a vessel. (f) “Strictly Liable” means liability for a violation of law regardless of a person’s intent, knowledge, negligence, or lack thereof in committing the violation of law. (g) “Vessel” has the same meaning as it if defined in Harbors and Navigation Code section 651, as amended.

11.05.020 –Fireworks Activities Prohibited.

It is unlawful for any person or entity to possess, sell, give away, store, use, display, display for sale, transport, explode, ignite or discharge any Fireworks within the City limits except with a valid special event permit for a public event authorized by the City.

11.05.030 Host Liability.

A. Any Responsible Party shall be Strictly Liable for any violation of section

11.05.020 of this Chapter.

B. Any person having the care, custody, or control of a minor shall be Strictly Liable for any violation of section 11.05.020 of this chapter.

C. The provisions of this section shall not apply to:

1. Conduct involving Fireworks as permitted or preempted by state or federal law; or

2. A Responsible Party who initiates a call for service to law enforcement, fire officials or code enforcement to assist in removing any person from the property or reporting the violation of this chapter.

11.05.040- Seizure of Fireworks.
2280
5 Any peace officer, fire marshal or the Richmond Fire Chief or designee, may, subject to applicable law, seize, take, remove or cause to be removed any fireworks possessed, used, stored or displayed in violation of this chapter.

11.05.050 Violations and Penalties.

A. Each day a violation of this chapter is committed, permitted, continued or maintained shall constitute a separate and distinct violation, and a public nuisance.

B. Any violation of this chapter constitutes a misdemeanor, with the penalties as set forth in Richmond Municipal Code Section 1.04.100.
a. The following violations shall not be subject to criminal penalties, but shall be subject to an administrative citation as provided in this section:
i. Violations relating to Safe and Sane Fireworks, as defined by Health and Safety Code section 12529, or
ii. Violations relating to possession of Fireworks.

C. An administrative citation may be issued by an Enforcement Officer to any Person, entity or Responsible Party who violates any of the provisions of this chapter pursuant to the procedures as set forth in Richmond Municipal Code Chapter 2.62, including imposition of any late payment charges.

D. In addition to any other remedies, any violation of this chapter relating to the possession or seizure of 25 pounds or less of Dangerous Fireworks shall be subject to the following:
a. Fines collected pursuant to subdivision (C) of this section shall not be subject to Health and Safety Code section 12706.
b. Imposition and payment of all costs incurred by the office of the State Fire Marshal for the transportation and disposal of any dangerous fireworks seized from the person. The costs incurred by the Office of the State Fire Marshal will be calculated based upon the regulations promulgated by that office. If those regulations have not been adopted by the Office of the State Fire Marshal at the time a person is cited for possession of Dangerous Fireworks under this Code, the City will reserve twenty-five percent (25%) of any fine 2281
6 collected under this provision to cover the cost of reimbursement to the Office of the State Fire Marshal.

E. Administrative fines for violation(s) of this chapter relating to “Dangerous Fireworks” shall be as follows:

Number of offenses
within one year
Amount of
Administrative
Penalty
Late Charge Total Amount of
Penalty Plus Late
Charge
First $1000 $75 $ 1075
Second $2000 $150 $ 2150
Third $5000 $300 $ 5300
F. Administrative fines for violation(s) of this chapter relating to “Safe and Sane Fireworks” shall be as follows:

Number of offenses
within one year
Amount of
Administrative
Penalty
Late Charge Total Amount of
Penalty Plus Late
Charge
First $250 $75 $ 275
Second $500 $150 $ 650
Third $750 $300 $ 1050
G. Penalties Not Exclusive
The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to, or in lieu of, any other remedies provided in the Richmond City Municipal Code or any other law, statute, ordinance or regulation of the City or State.

SECTION 2. SEVERABILITY CLAUSE
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.

SECTION 3.

This ordinance shall be effective thirty days after passage and adoption. 2282
7 First introduced at a regular meeting of the City Council of the City of Richmond held _________, 2021, and finally passed and adopted at a regular meeting held _______, 2021 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
_____________________________

CLERK OF THE CITY OF RICHMOND

(SEAL)
Approved:
______________________
Mayor
Approved as to form:
______________________
City Attorney
2283
1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING CHAPTER 11.05 OF THE CITY OF RICHMOND MUNICIPAL CODE ENTITLED “FIREWORKS”
WHEREAS, the Richmond City Council, pursuant to police powers delegated to it by the California Constitution, has the authority to enact legislation that promotes public health, safety and general welfare of its residents; and
WHEREAS, the State of California has received historically low amounts of rain and snow over the past year; and
WHEREAS, Governor Newsom has issued a drought emergency proclamation declaring a state of emergency to address historically low and unanticipated shortages in the amount of available water; and
WHEREAS, according to the National Integrated Drought Conditions, 2021 was the sixth driest year to date for Contra Costa County in the last 127 years; and WHEREAS, given the historically dry conditions in California and the extreme water shortage due to the ongoing drought conditions statewide, there is an exceptionally high risk of fires occurring in California, including in the City of Richmond; and WHEREAS, the illegal possession, manufacture, storage, sale, handling and use of fireworks on private property is harmful to and creates a threat to public health, safety, quiet enjoyment of residential property; and
WHEREAS, those risks are particularly high because of the current drought since fireworks present significant wildfire fire risk; and
WHEREAS, according to the National Fire Protection Association, fireworks start over 19,000 fires, send over 9,000 people to the emergency room each year in the U.S., and cause $105 million in direct property damage. (Marty Ahrens, “Fireworks Fires and Injuries,” NFPA Research, June 2020.); and
WHEREAS; the City of Richmond seeks to amend its municipal code that governs fireworks; and
WHEREAS, while the discharge of illegal fireworks can be tied to a particular residence or property, it is often difficult law enforcement officers to determine who at the residence or property discharged the illegal firework(s); and
WHEREAS, the owner or tenant of the premises is often in the best position to control and 2284
2 knows or should know of the possession, manufacture, storage, sale, handling and use of illegal fireworks on his/her/their residence; and
WHEREAS, as a result, since December of 2018, although the Richmond Police Department received 4,577 calls for service regarding fireworks and only eleven (11) citations were issued; and
WHEREAS, public health, safety and welfare of the community will be safeguarded by holding property owners’ strictly liable for the unlawful use of fireworks on their property as well as holding adults strictly liable who have the care, custody or control of a minor for the use of fireworks by the minor; and
WHEREAS, the City may declare such activities as nuisances and regulate them under the authority of Government Code sections 38771 and 12541, and the City’s police powers under the California Constitution, Article XI, section 7; and WHEREAS, the City Council desires to authorize the issuance of administrative citations with increased fines for violations of this chapter in order to further deter unlawful fireworks related activities; and
WHEREAS, these administrative fines are imposed under the authority of Government Code section 53069.4, Health and Safety Code section 12557, and the City’s police powers; and WHEREAS, the City Council finds and determines that holding property owners, property managers, residents and responsible persons individually liable for the use of illegal fireworks is necessary to protect the safety, health and welfare of the public.

THEREFORE, LET IT BE RESOLVED THAT NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND does ordain as follows:

SECTION 1.

Chapter 11.05 entitled “FIREWORKS” of the City of Richmond Municipal Code Sections:

11.05.010 Definitions.

11.05.020 Fireworks Activities Prohibited.

11.05.030 Host Liability.

11.05.040 Seizure of Fireworks.

11.05.050 Violations and Penalties.
2285
3 11.05.010 - Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section unless the context specifically indicates otherwise:
(a) “Enforcement Officer” means any peace officer, fire marshal, Richmond Fire Chief, code enforcement officer or any other designee of the City Manager. (b) “Fireworks" has the meaning set forth in Health and Safety Code section 12511, as amended.
(1) The term “Fireworks” includes the following:
a. “Dangerous Fireworks” as defined in Health and Safety Code section 12505, as amended.
b. “Safe and Sane Fireworks” as defined in Health and Safety Code section 12529, as amended.
(2) The term “Fireworks” excludes the following:
a. “Party Poppers” and “Snap Caps” as each is defined in California Code of Regulations, Title 19, section 980, as amended. b. “Exempt Fireworks” as defined in Health and Safety Code section 12508, as amended.
(c) “Health and Safety Code” means the California Health and Safety Code. (d) “Person” includes any individual, entity or organization. (e) “Responsible Party” means any of the following:
(1) A person who owns, rents, leases, or otherwise has possession of, or is in the immediate control of, a residence or other private property; or (2) A person who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at a residence, other private property or on a vessel. 2286
4 (f) “Strictly Liable” means liability for a violation of law regardless of a person’s intent, knowledge, negligence, or lack thereof in committing the violation of law. (g) “Vessel” has the same meaning as it if defined in Harbors and Navigation Code section 651, as amended.

11.05.020 –Fireworks Activities Prohibited.

It is unlawful for any person or entity to possess, sell, give away, store, use, display, display for sale, transport, explode, ignite or discharge any Fireworks within the City limits except with a valid special event permit for a public event authorized by the City.

11.05.030 Host Liability.

A. Any Responsible Party shall be Strictly Liable for any violation of section 11.05.020 of this Chapter.

B. Any person having the care, custody, or control of a minor shall be Strictly Liable for any violation of section 11.05.020 of this chapter.

C. The provisions of this section shall not apply to:

1. Conduct involving Fireworks as permitted or preempted by state or federal law; or

2. A Responsible Party who initiates a call for service to law enforcement, fire officials or code enforcement to assist in removing any person from the property or reporting the violation of this chapter.

11.05.040- Seizure of Fireworks.

Any peace officer, fire marshal or the Richmond Fire Chief or designee, may, subject to applicable law, seize, take, remove or cause to be removed any fireworks possessed, used, stored or displayed in violation of this chapter.
2287
5 11.05.050 Violations and Penalties.

A. Each day a violation of this chapter is committed, permitted, continued or maintained shall constitute a separate and distinct violation, and a public nuisance.

B. Any violation of this chapter constitutes a misdemeanor, with the penalties as set forth in Richmond Municipal Code Section 1.04.100.
a. The following violations shall not be subject to criminal penalties, but shall be subject to an administrative citation as provided in this section:
i. Violations relating to Safe and Sane Fireworks, as defined by Health and Safety Code section 12529, or
ii. Violations relating to possession of Fireworks.

C. An administrative citation may be issued by an Enforcement Officer to any Person, entity or Responsible Party who violates any of the provisions of this chapter pursuant to the procedures as set forth in Richmond Municipal Code Chapter 2.62, including imposition of any late payment charges.

D. In addition to any other remedies, any violation of this chapter relating to the possession or seizure of 25 pounds or less of Dangerous Fireworks shall be subject to the following:
a. Fines collected pursuant to subdivision (C) of this section shall not be subject to Health and Safety Code section 12706.
b. Imposition and payment of all costs incurred by the office of the State Fire Marshal for the transportation and disposal of any dangerous fireworks seized from the person. The costs incurred by the Office of the State Fire Marshal will be calculated based upon the regulations promulgated by that office. If those regulations have not been adopted by the Office of the State Fire Marshal at the time a person is cited for possession of Dangerous Fireworks under this Code, the City will reserve twentyfive percent (25%) of any fine collected under this provision to cover the cost of reimbursement to the Office of the State Fire Marshal.

E. Administrative fines for violation(s) of this chapter relating to “Dangerous Fireworks” shall be as follows:

Number of offenses Amount of Late Charge Total Amount of 2288
6 within one year Administrative
Penalty
Penalty Plus Late
Charge
First $1000 $75 $ 1075
Second $2000 $150 $ 2150
Third $5000 $300 $ 5300
F. Administrative fines for violation(s) of this chapter relating to “Safe and Sane Fireworks” shall be as follows:

Number of offenses
within one year
Amount of
Administrative
Penalty
Late Charge Total Amount of
Penalty Plus Late
Charge
First $250 $75 $ 275
Second $500 $150 $ 650
Third $750 $300 $ 1050
G. Penalties Not Exclusive
The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to, or in lieu of, any other remedies provided in the Richmond City Municipal Code or any other law, statute, ordinance or regulation of the City or State.

SECTION 2. SEVERABILITY CLAUSE
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.

SECTION 3.

This ordinance shall be effective thirty days after passage and adoption.

First introduced at a regular meeting of the City Council of the City of Richmond held _________, 2021, and finally passed and adopted at a regular meeting held _______, 2021 by the following vote:

AYES:

NOES:
2289
7 ABSTENTIONS:

ABSENT:
_____________________________

CLERK OF THE CITY OF RICHMOND

(SEAL)
Approved:
______________________
Mayor
Approved as to form:
______________________
City Attorney
2290
1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING CHAPTER 11.05 OF THE CITY OF RICHMOND MUNICIPAL CODE ENTITLED “FIREWORKS”
WHEREAS, the Richmond City Council, pursuant to police powers delegated to it by the California Constitution, has the authority to enact legislation that promotes public health, safety and general welfare of its residents; and
WHEREAS, the State of California has received historically low amounts of rain and snow over the past year; and
WHEREAS, Governor Newsom has issued a drought emergency proclamation declaring a state of emergency to address historically low and unanticipated shortages in the amount of available water; and
WHEREAS, according to the National Integrated Drought Conditions, 2021 was the sixth driest year to date for Contra Costa County in the last 127 years; and WHEREAS, given the historically dry conditions in California and the extreme water shortage due to the ongoing drought conditions statewide, there is an exceptionally high risk of fires occurring in California, including in the City of Richmond; and WHEREAS, the illegal possession, manufacture, storage, sale, handling and use of fireworks on private property is harmful to and creates a threat to public health, safety, quiet enjoyment of residential property; and
WHEREAS, those risks are particularly high because of the current drought since fireworks present significant wildfire fire risk; and
WHEREAS, according to the National Fire Protection Association, fireworks start over 19,000 fires, send over 9,000 people to the emergency room each year in the U.S., and cause $105 million in direct property damage. (Marty Ahrens, “Fireworks Fires and Injuries,” NFPA Research, June 2020.); and
WHEREAS; the City of Richmond seeks to amend its municipal code that governs fireworks; and
WHEREAS, while the discharge of illegal fireworks can be tied to a particular residence or property, it is often difficult law enforcement officers to determine who at the residence or property discharged the illegal firework(s); and
WHEREAS, the owner or tenant of the premises is often in the best position to control and 2291
2 knows or should know of the possession, manufacture, storage, sale, handling and use of illegal fireworks on his/her/their residence; and
WHEREAS, as a result, since December of 2018, although the Richmond Police Department received 4,577 calls for service regarding fireworks and only eleven (11) citations were issued; and
WHEREAS, public health, safety and welfare of the community will be safeguarded by holding property owners’ strictly liable for the unlawful use of fireworks on their property as well as holding adults strictly liable who have the care, custody or control of a minor for the use of fireworks by the minor; and
WHEREAS, the City may declare such activities as nuisances and regulate them under the authority of Government Code sections 38771 and 12541, and the City’s police powers under the California Constitution, Article XI, section 7; and WHEREAS, the City Council desires to authorize the issuance of administrative citations with increased fines for violations of this chapter in order to further deter unlawful fireworks related activities; and
WHEREAS, these administrative fines are imposed under the authority of Government Code section 53069.4, Health and Safety Code section 12557, and the City’s police powers; and WHEREAS, the City Council finds and determines that holding property owners, property managers, residents and responsible persons individually liable for the use of illegal fireworks is necessary to protect the safety, health and welfare of the public.

THEREFORE, LET IT BE RESOLVED THAT NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND does ordain as follows:

SECTION 1.

Chapter 11.05 entitled “FIREWORKS” of the City of Richmond Municipal Code is hereby amended as follows (strikeout text indicates deletion; underline text indicates insertion):

Sections:

11.05.010 Definitions.

11.05.020 Possession, Use or Sale of Fireworks Activities Prohibited. 2292
3 11.05.030 Host Liability.

11.05.040 Seizure of Fireworks.

11.05.050 Violations and Penalties.

11.05.010 - Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section unless the context specifically indicates otherwise:
(a) "Dangerous fireworks"
Those fireworks listed and defined in California Health and Safety Code Sections 12505 and 12561 and the relevant sections of Title 19 of the California Code of Regulations, as the same may be amended from time to time. (b) "Exempt Fireworks"
Any special item containing pyrotechnics compositions which the State Fire Marshal, with the advise of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial or agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction. (c) “Fireworks"
Any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical or thermal effects which are useful as pyrotechnic devices or for entertainment. These items include, but are not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rocket, Daygo bombs, M-80s, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, fireworks kits and firecrackers. This term includes both "dangerous fireworks" and "safe and sane" fireworks.
(d) "Safe and sane fireworks" or "State-approved fireworks." Any fireworks that do not come within the definition of "Dangerous Fireworks" or "Exempt Fireworks" (a) “Enforcement Officer” means any peace officer, fire marshal, Richmond Fire Chief, code enforcement officer or any other designee of the City Manager. (b) “Fireworks" has the meaning set forth in Health and Safety Code section 12511, as amended.
(1) The term “Fireworks” includes the following:
a. “Dangerous Fireworks” as defined in Health and Safety Code section 12505, as amended.
2293
4 b. “Safe and Sane Fireworks” as defined in Health and Safety Code section 12529, as amended.
(2) The term “Fireworks” excludes the following:
a. “Party Poppers” and “Snap Caps” as each is defined in California Code of Regulations, Title 19, section 980, as amended. b. “Exempt Fireworks” as defined in Health and Safety Code section 12508, as amended.
(c) “Health and Safety Code” means the California Health and Safety Code. (d) “Person” includes any individual, entity or organization. (e) “Responsible Party” means any of the following:
(1) A person who owns, rents, leases, or otherwise has possession of, or is in the immediate control of, a residence or other private property; or (2) A person who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at a residence, other private property or on a vessel. (f) “Strictly Liable” means liability for a violation of law regardless of a person’s intent, knowledge, negligence, or lack thereof in committing the violation of law. (g) “Vessel” has the same meaning as it if defined in Harbors and Navigation Code section 651, as amended.

11.05.020 – Possession, Use or Sale of Fireworks Activities Prohibited.

It is unlawful and a misdemeanor for any person or entity to possess, sell, give away, store, use, display, display for sale, transport, explode, ignite or discharge any Fireworks within the City limits except by valid permit as "Exempt Fireworks" or with a valid special event permit for a public event authorized by the City.
2294
5 (a) Any special event permit or exempt fireworks permit is not transferable and shall only be valid for the date of the specific event.
(b) In addition to criminal action, any person or entity who possesses, sells, gives away, stores, uses, displays, displays for sale, explodes, ignites or discharges any fireworks in violation of this chapter is subject to Administrative Citations as set forth in Chapter 2.62

11.05.030 Host Liability.

A. Any Responsible Party shall be Strictly Liable for any violation of section

11.05.020 of this Chapter.

B. Any person having the care, custody, or control of a minor shall be Strictly Liable for any violation of section 11.05.020 of this chapter.

C. The provisions of this section shall not apply to:

1. Conduct involving Fireworks as permitted or preempted by state or federal law; or

2. A Responsible Party who initiates a call for service to law enforcement, fire officials or code enforcement to assist in removing any person from the property or reporting the violation of this chapter.

11.05.030.040- Seizure of Fireworks.

Any peace officer, fire marshal or the Richmond Fire Chief or his or her designee, may, subject to applicable law, seize, take, remove or cause to be removed any fireworks possessed, used, stored or displayed in violation of this chapter.

11.05.050 Violations and Penalties.

A. Each day a violation of this chapter is committed, permitted, continued or maintained shall constitute a separate and distinct violation, and a public nuisance. 2295
6 B. Any violation of this chapter constitutes a misdemeanor, with the penalties as set forth in Richmond Municipal Code Section 1.04.100.
a. The following violations shall not be subject to criminal penalties, but shall be subject to an administrative citation as provided in this section:
i. Violations relating to Safe and Sane Fireworks, as defined by Health and Safety Code section 12529, or
ii. Violations relating to possession of Fireworks.

C. An administrative citation may be issued by an Enforcement Officer to any Person, entity or Responsible Party who violates any of the provisions of this chapter pursuant to the procedures as set forth in Richmond Municipal Code Chapter 2.62, including imposition of any late payment charges.

D. In addition to any other remedies, any violation of this chapter relating to the possession or seizure of 25 pounds or less of Dangerous Fireworks shall be subject to the following:
a. Fines collected pursuant to subdivision (C) of this section shall not be subject to Health and Safety Code section 12706.
b. Imposition and payment of all costs incurred by the office of the State Fire Marshal for the transportation and disposal of any dangerous fireworks seized from the person. The costs incurred by the Office of the State Fire Marshal will be calculated based upon the regulations promulgated by that office. If those regulations have not been adopted by the Office of the State Fire Marshal at the time a person is cited for possession of Dangerous Fireworks under this Code, the City will reserve twenty-five percent (25%) of any fine collected under this provision to cover the cost of reimbursement to the Office of the State Fire Marshal.

E. Administrative fines for violation(s) of this chapter relating to “Dangerous Fireworks” shall be as follows:
2296
7 Number of offenses
within one year
Amount of
Administrative
Penalty
Late Charge Total Amount of
Penalty Plus Late
Charge
First $1000 $75 $ 1075
Second $2000 $150 $ 2150
Third $5000 $300 $ 5300
F. Administrative fines for violation(s) of this chapter relating to “Safe and Sane Fireworks” shall be as follows:

Number of offenses
within one year
Amount of
Administrative
Penalty
Late Charge Total Amount of
Penalty Plus Late
Charge
First $250 $75 $ 275
Second $500 $150 $ 650
Third $750 $300 $ 1050
G. Penalties Not Exclusive
The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to, or in lieu of, any other remedies provided in the Richmond City Municipal Code or any other law, statute, ordinance or regulation of the City or State.

SECTION 2. SEVERABILITY CLAUSE
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid,such a decision shall not affect the validity of the remaining portions of this Ordinance. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.

SECTION 3.

This ordinance shall be effective thirty days after passage and adoption.

First introduced at a regular meeting of the City Council of the City of Richmond held _________, 2021, and finally passed and adopted at a regular meeting held _______, 2021 by the following vote:
2297
8 AYES:

NOES:

ABSTENTIONS:

ABSENT:
_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
______________________
Mayor
Approved as to form:
______________________
City Attorney
2298
1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING CHAPTER 11.05 OF THE CITY OF RICHMOND MUNICIPAL CODE ENTITLED “FIREWORKS”
WHEREAS, the Richmond City Council, pursuant to police powers delegated to it by the California Constitution, has the authority to enact legislation that promotes public health, safety and general welfare of its residents; and
WHEREAS, the State of California has received historically low amounts of rain and snow over the past year; and
WHEREAS, Governor Newsom has issued a drought emergency proclamation declaring a state of emergency to address historically low and unanticipated shortages in the amount of available water; and
WHEREAS, according to the National Integrated Drought Conditions, 2021 was the sixth driest year to date for Contra Costa County in the last 127 years; and WHEREAS, given the historically dry conditions in California and the extreme water shortage due to the ongoing drought conditions statewide, there is an exceptionally high risk of fires occurring in California, including in the City of Richmond; and WHEREAS, the illegal possession, manufacture, storage, sale, handling and use of fireworks on private property is harmful to and creates a threat to public health, safety, quiet enjoyment of residential property; and
WHEREAS, those risks are particularly high because of the current drought since fireworks present significant wildfire fire risk; and
WHEREAS, according to the National Fire Protection Association, fireworks start over 19,000 fires, send over 9,000 people to the emergency room each year in the U.S., and cause $105 million in direct property damage. (Marty Ahrens, “Fireworks Fires and Injuries,” NFPA Research, June 2020.); and
WHEREAS; the City of Richmond seeks to amend its municipal code that governs fireworks; and
WHEREAS, while the discharge of illegal fireworks can be tied to a particular residence or property, it is often difficult law enforcement officers to determine who at the residence or property discharged the illegal firework(s); and
WHEREAS, the owner or tenant of the premises is often in the best position to control and 2299
2 knows or should know of the possession, manufacture, storage, sale, handling and use of illegal fireworks on his/her/their residence; and
WHEREAS, as a result, since December of 2018, although the Richmond Police Department received 4,577 calls for service regarding fireworks and only eleven (11) citations were issued; and
WHEREAS, public health, safety and welfare of the community will be safeguarded by holding property owners’ strictly liable for the unlawful use of fireworks on their property as well as holding adults strictly liable who have the care, custody or control of a minor for the use of fireworks by the minor; and
WHEREAS, the City may declare such activities as nuisances and regulate them under the authority of Government Code sections 38771 and 12541, and the City’s police powers under the California Constitution, Article XI, section 7; and WHEREAS, the City Council desires to authorize the issuance of administrative citations with increased fines for violations of this chapter in order to further deter unlawful fireworks related activities; and
WHEREAS, these administrative fines are imposed under the authority of Government Code section 53069.4, Health and Safety Code section 12557, and the City’s police powers; and WHEREAS, the City Council finds and determines that holding property owners, property managers, residents and responsible persons individually liable for the use of illegal fireworks is necessary to protect the safety, health and welfare of the public.

THEREFORE, LET IT BE RESOLVED THAT NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND does ordain as follows:

SECTION 1.

Chapter 11.05 entitled “FIREWORKS” of the City of Richmond Municipal Code Sections:

11.05.010 Definitions.

11.05.020 Fireworks Activities Prohibited.

11.05.030 Host Liability.

11.05.040 Seizure of Fireworks.

11.05.050 Violations and Penalties.
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3 11.05.010 - Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section unless the context specifically indicates otherwise:
(a) “Enforcement Officer” means any peace officer, fire marshal, Richmond Fire Chief, code enforcement officer or any other designee of the City Manager. (b) “Fireworks" has the meaning set forth in Health and Safety Code section 12511, as amended.
(1) The term “Fireworks” includes the following:
a. “Dangerous Fireworks” as defined in Health and Safety Code section 12505, as amended.
b. “Safe and Sane Fireworks” as defined in Health and Safety Code section 12529, as amended.
(2) The term “Fireworks” excludes the following:
a. “Party Poppers” and “Snap Caps” as each is defined in California Code of Regulations, Title 19, section 980, as amended. b. “Exempt Fireworks” as defined in Health and Safety Code section 12508, as amended.
(c) “Health and Safety Code” means the California Health and Safety Code. (d) “Person” includes any individual, entity or organization. (e) “Responsible Party” means any of the following:
(1) A person who owns, rents, leases, or otherwise has possession of, or is in the immediate control of, a residence or other private property; or (2) A person who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at a residence, other private property or on a vessel. 2301
4 (f) “Strictly Liable” means liability for a violation of law regardless of a person’s intent, knowledge, negligence, or lack thereof in committing the violation of law. (g) “Vessel” has the same meaning as it if defined in Harbors and Navigation Code section 651, as amended.

11.05.020 –Fireworks Activities Prohibited.

It is unlawful for any person or entity to possess, sell, give away, store, use, display, display for sale, transport, explode, ignite or discharge any Fireworks within the City limits except with a valid special event permit for a public event authorized by the City.

11.05.030 Host Liability.

A. Any Responsible Party shall be Strictly Liable for any violation of section 11.05.020 of this Chapter.

B. Any person having the care, custody, or control of a minor shall be Strictly Liable for any violation of section 11.05.020 of this chapter.

C. The provisions of this section shall not apply to:

1. Conduct involving Fireworks as permitted or preempted by state or federal law; or

2. A Responsible Party who initiates a call for service to law enforcement, fire officials or code enforcement to assist in removing any person from the property or reporting the violation of this chapter.

11.05.040- Seizure of Fireworks.

Any peace officer, fire marshal or the Richmond Fire Chief or designee, may, subject to applicable law, seize, take, remove or cause to be removed any fireworks possessed, used, stored or displayed in violation of this chapter.
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5 11.05.050 Violations and Penalties.

A. Each day a violation of this chapter is committed, permitted, continued or maintained shall constitute a separate and distinct violation, and a public nuisance.

B. Any violation of this chapter constitutes a misdemeanor, with the penalties as set forth in Richmond Municipal Code Section 1.04.100.
a. The following violations shall not be subject to criminal penalties, but shall be subject to an administrative citation as provided in this section:
i. Violations relating to Safe and Sane Fireworks, as defined by Health and Safety Code section 12529, or
ii. Violations relating to possession of Fireworks.

C. An administrative citation may be issued by an Enforcement Officer to any Person, entity or Responsible Party who violates any of the provisions of this chapter pursuant to the procedures as set forth in Richmond Municipal Code Chapter 2.62, including imposition of any late payment charges.

D. In addition to any other remedies, any violation of this chapter relating to the possession or seizure of 25 pounds or less of Dangerous Fireworks shall be subject to the following:
a. Fines collected pursuant to subdivision (C) of this section shall not be subject to Health and Safety Code section 12706.
b. Imposition and payment of all costs incurred by the office of the State Fire Marshal for the transportation and disposal of any dangerous fireworks seized from the person. The costs incurred by the Office of the State Fire Marshal will be calculated based upon the regulations promulgated by that office. If those regulations have not been adopted by the Office of the State Fire Marshal at the time a person is cited for possession of Dangerous Fireworks under this Code, the City will reserve twentyfive percent (25%) of any fine collected under this provision to cover the cost of reimbursement to the Office of the State Fire Marshal.

E. Administrative fines for violation(s) of this chapter relating to “Dangerous Fireworks” shall be as follows:

Number of offenses Amount of Late Charge Total Amount of 2303
6 within one year Administrative
Penalty
Penalty Plus Late
Charge
First $1000 $75 $ 1075
Second $2000 $150 $ 2150
Third $5000 $300 $ 5300
F. Administrative fines for violation(s) of this chapter relating to “Safe and Sane Fireworks” shall be as follows:

Number of offenses
within one year
Amount of
Administrative
Penalty
Late Charge Total Amount of
Penalty Plus Late
Charge
First $250 $75 $ 275
Second $500 $150 $ 650
Third $750 $300 $ 1050
G. Penalties Not Exclusive
The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to, or in lieu of, any other remedies provided in the Richmond City Municipal Code or any other law, statute, ordinance or regulation of the City or State.

SECTION 2. SEVERABILITY CLAUSE
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.

SECTION 3.

This ordinance shall be effective thirty days after passage and adoption.

First introduced at a regular meeting of the City Council of the City of Richmond held _________, 2021, and finally passed and adopted at a regular meeting held _______, 2021 by the following vote:

AYES:

NOES:
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7 ABSTENTIONS:

ABSENT:
_____________________________

CLERK OF THE CITY OF RICHMOND

(SEAL)
Approved:
______________________
Mayor
Approved as to form:
______________________
City Attorney
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May 26, 2026
City Council
DATE: May 26, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Councilmember Jamelia Brown,
Mayor Eduardo Martinez (co-sponsor)
Councilmember Cesar Zepeda (co-sponsor)
Subject: Recommend Dedicating a Literacy Space in the
Richmond Public Library in Honor of Abigail Sims-Evelyn FINANCIAL IMPACT: There is no anticipated fiscal impact associated with receiving this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

For four decades, Abigail Sims-Evelyn has transformed
lives through the power of literacy, education, and
opportunity. As one of the very first people to help
establish a library literacy program in the State of
California more than 40 years ago, and since helping
launch Richmond’s Literacy for Every Adult Program
(LEAP) Program in 1984, she has dedicated her life to
ensuring that adults, families, immigrants, and lifelong learners in our community have access to the tools
needed to read, learn, grow, and thrive.

Her work has impacted multiple generations of Richmond
residents and stands as a testament to the belief that
literacy changes not only individual lives, but entire
communities. In recognition of her extraordinary legacy of service, this item seeks to establish a lasting tribute within the Richmond Public Library that will continue
inspiring future generations for years to come.

AGENDA
REPORT
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May 26, 2026
RECOMMENDED ACTION: REQUEST the city manager or her designee evaluate and return to the City Council within 120 days with
recommendations for dedicating a literacy area,
department, center, or other appropriate space within the remodeled Richmond Public Library in honor of Abigail
Sims-Evelyn and her more than 40 years of dedicated
service to Richmond’s Literacy for Every Adult Program
(LEAP), including potential naming options such as “The Abigail Sims-Evelyn Literacy Center,” and REQUEST the
city manager or her designee review and provide
recommendations regarding applicable naming
procedures, fiscal impacts, signage and installation
needs, community engagement opportunities, and any
relevant policy considerations, and return to Council with a proposed implementation plan and recommendation for
consideration - Councilmember Jamelia Brown (510-609-
5780), Mayor Eduardo Martinez (510-620-6503), and
Councilmember Cesar Zepeda (510-620-6593).

DISCUSSION:

Abigail Sims-Evelyn’s life and service reflect the best of Richmond: commitment, resilience, education, and community uplift. Through (Literacy for Every Adult Program) LEAP, she has helped preserve and expand one of the City’s most meaningful public services. LEAP provides free tutoring and small-group instruction to adults seeking literacy, GED preparation, English language skills, math support, and computer literacy.

This work is deeply personal and multigenerational. According to Richmondside, Mrs.

Sims-Evelyn’s own mother, Mary Magdalene Sims, was among the early LEAP learners after raising 12 children. After improving her literacy skills, she later took courses at Contra Costa College and wrote songs. Mrs. Sims-Evelyn has described literacy as a pathway to independence, dignity, and opportunity.

The program’s impact is undeniable. Richmond Confidential reported that by LEAP’s 30th anniversary, more than 12,000 students had participated in the program. In 2018– 2019, City meeting records noted that 346 students participated in LEAP and 26 earned either a high school diploma or General Educational Development credential (GED). In 2024, Richmond LEAP celebrated 15 residents who earned GEDs or high school diplomas.

Mrs. Sims-Evelyn’s leadership has also helped LEAP grow beyond basic reading and writing. LEAP now supports English as a Second Language, GED preparation, computer literacy, math skills, family literacy, and parent advocacy. In 2022, LEAP’s English as a Second Language (ESL) program received $50,000 from California Library Literacy Services to expand services under Sims-Evelyn’s leadership. 2307

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May 26, 2026
Dedicating a literacy space in her name would be a fitting and lasting tribute that honors not only Mrs. Abigail Sims-Evelyn, but also the thousands of Richmond residents whose lives have been transformed through literacy because of her decades of service.

Establishing a literacy area or learning center in her honor within the remodeled library would be a meaningful and historic step that ensures her legacy continues to inspire generations to come.

POLICY RATIONALE
The City Council should consider this action because it would:

1. Honor a Richmond legacy: Abigail Sims-Evelyn has dedicated decades to literacy, education, and community empowerment.

2. Recognize multigenerational impact: Her work has supported parents, children, elders, immigrants, returning students, and adults seeking a second chance.

3. Celebrate literacy as public service: Literacy is connected to employment, health, civic participation, parenting, and economic stability.

4. Preserve Richmond history: LEAP is one of California’s original library-based adult literacy programs, and Sims-Evelyn has been central to its story.

5. Inspire future learners: A named literacy space would remind residents that learning is possible at every age and stage of life.

NEXT STEPS
If approved, the City Manager or her designee should consider the following:

1. Review City naming policies and determine the appropriate process for dedicating a library space in honor of Abigail Sims-Evelyn.

2. Consult with Director Kate Eppler of Community Services – Library, Library staff, LEAP staff, and the City Attorney’s Office.

3. Identify the most appropriate location within the remodeled library, such as the literacy center, literacy department, learning lab, or adult education space.

4. Determine any fiscal impact for signage, plaques, installation, or dedication materials.

5. Return to the City Council with a proposed recommendation and naming resolution.

PROPOSED NAMING OPTIONS
 The Abigail Sims-Evelyn Literacy Center
 The Abigail Sims-Evelyn Adult Literacy Center
 The Abigail Sims-Evelyn LEAP Learning Center
 The Abigail Sims-Evelyn Literacy and Learning Space
 The Abigail Sims-Evelyn Center for Literacy and Lifelong Learning DOCUMENTS ATTACHED:

None.
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