On the agenda: BBQ permit battle, Chevron funds, political reform, street renaming
The Richmond City Council will discuss renaming Spring Street, hear an appeal on a BBQ smoker permit for Up & Under Pub & Grill, and explore how to allocate $550 million from a Chevron settlement for a fossil fuel-independent economy. The council will also debate limits on political influence.
On September 24, 2024, the Richmond City Council will hold public hearings to finalize a proposal to rename a section of Spring Street to honor “Pedie” Perez, hear an appeal regarding the denial of a BBQ smoker permit for Up & Under Pub & Grill, and explore the allocation of $550 million from Chevron settlement funds to develop a resilient local economy independent of fossil fuels.
The Politics of Smoke
The owner of Up & Under Pub & Grill, Nathan Trivers, is appealing the City Engineer’s denial of an encroachment permit application, which seeks to keep a BBQ smoker on the public sidewalk and street in front of 2 W. Richmond Avenue in Point Richmond.
Linda Hemmila
According to the agenda report, Trivers testified that the smoker has been in use and stored in a public area for over 13 years. He does not dispute that the smoker was stored on a public roadway but believes he is unfairly targeted by a disgruntled neighbor. According to Trivers, the smoker is used for about four hours a week during special events, and there is no suitable storage area in his restaurant.
On social media, Philip Rosenthal said he reported the BBQ in the Red Fire Zone, which is next to a wooden structure and an emergency evacuation route.
“I have done so, and will continue to do so, until it is permitted. My concern is that if someone is injured, there will be a lawsuit against the city which can’t be won,” Rosenthal wrote. “I have no objection to the BBQ on private property, but will continue to try to have it removed from the fire safety zone. I stand by this contention. It is my right to privately report anything that is a code violation.”
Staff recommended that the City Council deny the applicant’s appeal and uphold the City Engineer’s denial of the encroachment permit.
Staff said Trivers was aware of the city’s concerns about placing a BBQ smoker in a public right of way from the prior code enforcement efforts when he applied for the encroachment permit. The denial of the encroachment permit is consistent with the city’s prior code enforcement actions and justified based on non-compliance with fire safety regulations, municipal codes, and public safety concerns.
Staff says Trivers has not provided sufficient evidence to demonstrate compliance with BAAQMD, ADA, or building codes. Allowing the smoker to remain in a public area, whether the street or sidewalk, introduces unacceptable risks to both the city and the public.
The debate over a BBQ smoker raises concerns about safety violations, public safety, and code compliance. The applicant defends its use, while opponents stress consistent enforcement of safety regulations.
The Richmond City Council recently moved to regulate sidewalk vendors after a state law decriminalized street vending in California and limited municipalities’ ability to enforce laws against street vending.
Soren Hemmila
Proposal to limit political influence on city boards
The council is set to discuss proposed amendments to the Richmond Municipal Code to limit the number of members of boards and commissioners belonging to any political advocacy group or organization.
This amendment seeks to address these concerns by limiting the percentage of appointees connected to any one political advocacy group. This would reportedly prevent the potential overrepresentation of political affiliates and ensure a more diverse and inclusive decision-making process.
The ordinance adopted by the council on September 10, 2024, limited individuals from serving on more than one city body at a time and established a nepotism policy to address concerns related to conflicts of interest.
According to the agenda report, questions have arisen about the impact of political advocacy groups on the makeup of city boards, commissions, committees, and task forces.
Last week, the Richmond Community Police Review Commission’s Investigative and Appeals Officer resigned, citing concerns about the commission’s ethical practices and its ability to impartially review complaints against police officers.
Soren Hemmila
The mayor has the sole responsibility to make appointments to these bodies, which are made up of members of the public who represent a wide range of constituencies in Richmond.
The City of Richmond has 25 official boards, commissions, and committees that advise the City Council on various issues and make decisions on projects, plans, and programs in Richmond.
The proposed amendment limits the number of members from any political advocacy group on boards, commissions, committees, or task forces to 35 percent, preventing any single group from dominating decisions. Political affiliates are individuals engaged in leadership, policymaking, canvassing, fundraising, or election campaigns for advocacy groups focused on city or county matters.
Applicants for these positions must disclose their involvement in such groups to ensure transparency and avoid conflicts of interest. However, membership in broader political parties, like the Democratic or Republican parties, doesn’t require disclosure unless the individual is actively involved in organizing or campaigning for local government candidates or policies.
Exploring how to use $550 million from Chevron
A proposal to direct staff to conduct an assessment, study and community outreach on how to use Chevron’s $550 million payment. Up to $100,000 would be used to hire consultants to facilitate community outreach efforts, and conduct related assessments and studies.
Soren Hemmila
Setting intentions
An item from Councilmember Gayle McLaughlin, Vice Mayor Claudia Jimenez, and Councilmember Doria Robinson would express the City Council’s intention of Chevron settlement funds.
The council intends to spend the funds received from Chevron in a manner that does not increase the city’s dependence upon Chevron tax revenues but instead facilitates the development of a resilient and just local economy that is independent of the fossil fuel industry.
Proposal to rename Spring Street to honor Pedie Perez
Richmond will hold a public hearing to finalize the renaming of Spring Street South of Cutting Blvd to Pedie Perez Avenue.
Linda Hemmila
On the city council consent calendar: unraveling the bonds
A legal services agreement with the City, Bradley Miller, and Keller Rohrback LLP to evaluate claims on interest rate swap transactions.
Between 2009 and 2014, the city engaged in complex swaps and derivatives involving municipal bonds. Later, these transactions were terminated, and more conventional bonds were issued. The city incurred $66 million in termination fees. Charles River Associates was hired in 2022 to review the legality and compliance of the swaps. Their findings suggest further scrutiny and potential legal action for professional malpractice.
The present action to enter into the legal services agreement is intended to obtain further scrutiny and to seek recovery for professional malpractice if warranted.
Council proclamations
Councilmember Soheila Bana and Mayor Eduardo Martinez are sponsoring a proclamation recognizing August as American Muslim Appreciation and Awareness Month as designated by the State of California, and commending Muslim communities in California for the positive impacts they have made towards the advancement of our city and country.
Bana also has a proclamation to declare the month of September as National Suicide Awareness and Prevention Month.
Repeal of Richmond natural gas ban on new construction
The 9th Circuit Court of Appeals ruled in California Restaurant Association v. City of Berkeley that the city’s regulation prohibiting natural gas infrastructure in new buildings was unlawful. As the City of Richmond’s ordinance is modeled after Berkeley’s, repealing our ordinance is necessary to avoid possible litigation or other legal issues.
A host of appointments
The council will appoint several people to various commissions and boards. Kiara Kempski will be appointed to the Richmond Arts and Culture Commission, Michael Gliksohn to the Economic Development Commission, and Eric Moseley to the Commission on Aging.
Keri Sullivan, Alice LoCicero, Rosie Rendon, and Sahai Burrowes will also be appointed to the Community Crisis Response Program Advisory Board. Oscar Flores, Director of Reuniting Families Contra Costa, will be appointed to the Community Police Review Commission.
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