On the agenda: cooking up a BBQ compromise as Richmond rethinks investments and targets unpaid property fees

The Richmond City Council meeting on December 3 will address a proposed investment policy promoting the "socially responsible" use of city funds, an appeal by the Up & Under Pub & Grill regarding a denied encroachment permit for a BBQ smoker, and a resolution to levy special assessments on properties with unpaid nuisance abatement fees.

Richmond's $589,620 fee recovery effort

The council will consider a resolution authorizing the city to levy special assessments against properties with unpaid invoices related to administrative citations, as well as nuisance abatement costs.

This allows the city collect unpaid bills from properties with outstanding fees. These fees are related to administrative citations or nuisance abatement costs. There are 104 properties on the list, with a total of $589,620.59 owed.

Any owner who objects to the assessment and desires to challenge it at the council hearing must submit all objections in writing to the city clerk at least one day before the December 2, 2024, hearing. 

A notice of the public hearing and the obligation of the owner to notify the clerk of their objection to the proposed assessment in writing was mailed to all owners on the list. Failure to submit objections will be deemed a waiver of such objections. 

Some of the properties include 223 S 47th Street, owned by the Miraflores Community DevCo LLC, and the seaport Missionary Baptist Church at 376 South Street. Several empty lots and homes that appear to be abandoned are on the list as well.  

Richmond's bid for ethical investing

City staff developed four new investment policy restrictions to address the council's concerns about "socially responsible" investments while complying with California Assembly Bill 2844.

The council directed staff in April 2024 to review and modify the city's investment policy to add additional restrictions, eliminating the investment of city funds in industries that facilitate violence, war, oppression, and apartheid.

AB 2844, which addresses public contracts and discrimination, was signed into law on September 24, 2016. The law requires entities submitting bids or proposals for state contracts worth $100,000 or more to certify, under penalty of perjury, that they comply with the Unruh Civil Rights Act and the California Fair Employment and Housing Act. 

The bill is sometimes called California's anti-BDS (Boycott, Divestment, and Sanctions) law. It aims to prevent discrimination in public contracting while addressing concerns related to boycotts against Israel and other nations.

The proposed investment policy will add four new restrictions based on research conducted by staff and guidance from the council.

The city will not invest in companies that develop and manufacture commodities that facilitate violence, war, oppression, and apartheid. 

The city will not invest in companies that develop and manufacture arms and weapons. 

The city will not invest in companies that develop and manufacture commodities involved in border and mass surveillance industries. 

The city will not invest in companies involved in mass incarceration and detention industries, nor those companies that use prison labor to manufacture products. 

Smoker encroachment permit standoff

The deputy director of public works and the city attorney will update the council on the appeal of an encroachment permit application for the Up & Under Pub & Grill and provide guidance on the applicant's proposal and draft compliance agreement. 

Nathan Trivers, owner of the Up & Under Pub & Grill in Point Richmond, appealed the denial of an encroachment permit to place a BBQ smoker on the public sidewalk at 2 West Richmond Avenue. The council voted to allow more time to create a plan, and the city staff received a proposal for a compliance agreement.

Staff says the encroachment permit was denied based on fire safety concerns, municipal code non-compliance, and community member complaints. City staff also raised issues regarding public right-of-way management, air quality compliance under Bay Area Air Quality Management District regulations, and nearby combustible materials. 

Daniel Butt, attorney for Trivers, proposed moving the smoker onto private property to a location, retaining a certified access specialist to inspect the parklet and provide an accessibility report and complete all recommended work to ensure compliance with the Americans with Disabilities Act.

On the consent calendar

All items placed under the Consent Calendar are considered routine and non-controversial. They 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.

$6.73 million in grants to youth-serving public and nonprofit organizations 

The council is being asked to approve the Richmond Fund for Children & Youth Oversight Board's recommendation for $6.73 million in grants to 37 nonprofit and public agency programs for 2025 through 2027.

The Kids First Amendment of the City of Richmond charter requires the city to allocate three percent of its general fund to support eligible nonprofits and public agencies that provide programs and services to Richmond children and youth.

Richmond Fund for Children & Youth grant recipients

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