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RICHMOND, CALIFORNIA, November 23, 2021
The Richmond City Council Evening Open Session was
called to order at 5:00 p.m. by Mayor Thomas K. Butt via teleconference.
Due to the coronavirus (COVID-19) pandemic, Contra
Costa County and Governor Gavin Newsom issued multiple orders requiring sheltering in place, social distancing, and reduction of person-to-person contact. Accordingly, on September 15, 2021, Governor Gavin Newsom issued Assembly Bill 361 that allowed cities to continue to hold public meetings via teleconferencing.
DUE TO THE SHELTER IN PLACE ORDERS, attendance
at the City of Richmond City Council meeting was limited to councilmembers, essential City of Richmond staff, and members of the news media. Public comment was confined to items appearing on the agenda and was limited to the methods provided below.
Consistent with Assembly Bill 361, this meeting utilized teleconferencing only. The following provides information on how the public participated in the meeting.
The public was able to view the meeting from home on
KCRT Comcast Channel 28 or AT&T Uverse Channel 99 and
livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live and http://www.youtube.com/user/KCRTTV.
The methods to submit public comment were via mail,
email to [email protected], teleconference, and telephone during the meeting. Written comments received by 1:00 p.m. on November 23, 2021, were put into the record and considered before council action. Written comments received after 1:00 p.m. and up until the public comment period on the relevant agenda item closed, were also put into the record. Attached herewith all written public comments received.
ROLL CALL
Present: Councilmembers Claudia Jimenez, Eduardo
Martinez, Gayle McLaughlin, Vice Mayor Demnlus Johnson III, and Mayor Thomas K. Butt. Absent: Councilmembers Nathaniel Bates and Melvin Willis arrived after the roll was called.
CITY COUNCIL
CONFERENCE WITH LEGAL COUNSEL -
ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9):
Number of potential cases: two
CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6):
Unrepresented employee: Interim City Manager
Agency Representative: Acting Deputy City Manager
Internal Services
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CONFERENCE WITH REAL PROPERTY
NEGOTIATOR (Government Code Section 54956.8):
Property: Terminal One
Agency negotiators: Shasa Curl and Lina Velasco
Negotiating parties: Terminal One Development, LLC
Under negotiation: Price and terms of payment
PUBLIC EMPLOYEE APPOINTMENT (Government
Code Section 54957.6):
Interim City Attorney and City Attorney
Interim City Manager
PUBLIC COMMENT BEFORE CLOSED SESSION
There were no public speakers via teleconference.
Mayor Butt announced his recusal from one of the potential anticipated litigation cases because he was named as the defendant.
The Open Session adjourned to Closed Session at 5:03 p.m.
Closed Session adjourned at 7:30 p.m.
The Regular Meeting of the Richmond City Council was
called to order at 7:39 p.m. by Mayor Butt via teleconference.
ROLL CALL
Present: Councilmembers Bates, Jimenez, Martinez,
McLaughlin, Willis, Vice Mayor Johnson III, and Mayor Butt.
Absent: None.
STATEMENT OF CONFLICT OF INTEREST
None.
AGENDA REVIEW
None.
REPORT FROM THE CITY ATTORNEY ON FINAL
DECISIONS MADE DURING CLOSED SESSION
City Attorney Teresa Stricker reported that the labor
negotiator at the Conference with Labor Negotiators for the unrepresented employee was the interim human resources director and not the acting deputy city manager for internal services. Ms.
Stricker also reported that by a vote of 5-0-1-1, with
Councilmember Bates abstained and Mayor Butt recused, the council directed the city attorney to report the following: by a vote of 5-0-1-1, with Councilmember Bates abstained and Mayor Butt recused, the council directed the city attorney to initiate litigation against the mayor for his improper disclosure of attorney-client privileged information.
REPORT FROM THE CITY MANAGER
Interim City Manager Shasa Curl encouraged the
community to shop locally for the holiday season. Ms. Curl announced the Craneway Craft Fair on November 27-28, 2021.
Ms. Curl acknowledged the Richmond Promise organization in 1355128891,,,cc23Nov2021 - DRAFT
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partnership with Beyond 12 and Contra Costa Community College District for awarding a Kresge Foundation grant.
RECENT CRIME REPORT BY THE DEPUTY POLICE
CHIEF
Acting Police Chief Louie Tirona reported there were a
total of 295 crimes in Richmond since the last report on October 26, 2021, with 40 classified as violent crimes primarily in the southern district, and 255 classified as property-related crimes primarily in the northern district. Mr. Tirona reported there was one murder since the last report; six firearms assaults (70 year to date); 21 robberies; five sexual assaults; 44 burglaries; and 101 vehicle thefts. Mr. Tirona stated that violent crimes in Richmond decreased by 22 percent compared to the previous month and property crimes increased by 8 percent. Mr. Tirona encouraged residents to remain vigilant especially during the upcoming holiday season.
OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments via
teleconference:
Mark Wassberg gave comments regarding transgender
individuals.
Jamin Pursell thanked the council for supporting
transgender awareness. Mr. Pursell gave comments in support of Item H-11, declaring World AIDS Day.
Mike Parker and Yenny Garcia expressed concerns that the chair of the Community Police Review Commission was not recommended for reappointment with Item H-17. Ms. Garcia urged the council to consider the legacy that it would leave behind.
Nathaniel Bates stated that he observed a CalTrans crew cleaning and trimming trees at the Barrett Avenue freeway entrance. Mr. Bates recommended that a letter of appreciation be sent to CalTrans and the governor.
CITY COUNCIL CONSENT CALENDAR
On motion of Vice Mayor Johnson III, seconded by
Councilmember Willis, the items marked with an (*) were approved by the unanimous vote of the City Council:
*H-1. Accepted and appropriated into the Fiscal Year
2021-22 budget $7,500 received from Share the Spirit East Bay, a project of the Bay Area News Group - East Bay Times.
*H-2. Adopted Resolution No. 136-21 proclaiming a
local emergency due to the imminent failure of the North Richmond Pump Station and the urgent need to repair the pump engine and pertinent equipment in order to prevent flooding of the North Richmond community; approved an amendment to the Joint Exercise of Powers Agreement between Contra Costa County and the City of Richmond and its allocation of costs for the repair of the North Richmond Pump Station; and approved a contract with Petersen Power to provide emergency repair for an amount not to exceed $1,800,000, to be repaid to Contra Costa County with American Rescue Plan Act funding.
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*H-3. Adopted Resolution No. 137-21 approving
amendment one to agreement respecting the management,
maintenance, and control of the common properties and
improvements in the Brickyard Cove Subdivision No. 3520 to facilitate the City of Richmond's acceptance and ownership of the sewers and lift stations located within said subdivision.
*H-4. Received the City of Richmond's Investment and
Cash Balance Report for the month of September 2021.
*H-5. Adopted Resolution No. 138-21 authorizing the
Finance Department to offer the Amnesty Program for a period commencing on November 23, 2021, and ending on June 30, 2022, to businesses with unpaid business licenses.
*H-6. Approved an amendment to the contract with
Donnoe & Associates in the amount of $18,000, for a total not to exceed $44,000, to administer promotional examinations of police sergeant and police lieutenant.
*H-7. Approved a contract amendment with Allied
Universal for additional security guard services at 450 Civic Center Plaza in an amount of $65,000, with a new payment limit not to exceed $1,009,350, through December 31, 2022.
*H-8. Adopted Resolution No. 139-21 requiring the
continued use of teleconferencing for the meetings of all City of Richmond legislative bodies pursuant to the provisions of Assembly Bill 361.
*H-9. Approved a third amendment to the contract with
Colantuono, Highsmith, & Whatley, PC for legal representation, increasing the contract payment limit by $59,000, for a total contract amount of $284,000, while maintaining the term expiration date of June 30, 2022.
*H-10. Adopted Ordinance No. 14-21 N.S. (second
reading) amending Chapter 3.50 of the City of Richmond
Municipal Code entitled "Commission on Aging" to add treasurer as an officer to the Commission on Aging.
*H-11. Proclamation declaring December 1, 2021, as
World AIDS Day in the City of Richmond.
* H-12. Approved appointments to the Youth Council:
appointed Arika Ona, new appointment, seat #1, term expiration date October 1, 2022; Kevin Ruano Hernandez, new appointment, seat #2, term expiration date October 1, 2022; Anuoluwapo Olabode, new appointment, seat #3, term expiration date October 1, 2022; and Diego Castro Curry, new appointment, seat #4, term expiration date October 1, 2022.
*H-13. Approved an appointment to the Workforce
Development Board: appointed Carole Dorham-Kelly, new
appointment, seat #2, education and training representative, term expiration date September 22, 2025.
*H-14. Approved appointments to the Housing Advisory
Commission: appointed Carol Hegstrom, re-appointment, seat #5, term expiration date November 1, 2023.
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*H-15. Approved an appointment to the Economic
Development Commission: appointed Arnon Oren, new
appointment, seat #13, term expiration date March 30, 2022.
*H-16. Approved an appointment to the Urban Forest
Advisory Committee: appointed Sidonia Aguilera, new
appointment, seat #2, term expiration date November 17, 2024.
*H-17. Approved appointments to the Citizens Police
Review Commission: appointed Donnell Jones, re-appointment, seat #5, term expiration date November 1, 2024; and Oscar Garcia, re-appointment, seat #8, term expiration date November 1, 2024.
*H-18. Approved an appointment to the Recreation and
Parks Commission: appointed Aaron Rowden, new appointment, seat #6, term expiration date October 26, 2024.
*H-19. Adopted Resolution No. 140-21 amending the
City of Richmond City Council Rules of Procedure and Order (initially adopted by Resolution No. 27-06 and amended in subsequent years) to modify the Section II C. (1) of that policy to specify the individual who shall report out in public session any reportable action taken during closed session, and any other information from closed session authorized to be disclosed by a majority vote of the City Council.
STUDY/ACTION ITEMS
I-1. The matter to approve an employment agreement
with Shasa Curl as interim Richmond city manager, providing for a three-month term commencing December 2, 2021, to March 1, 2022, at an initial base salary of $21,250 per month (approximately $364,602 total compensation if calculated on an annual basis), with subsequent salary increases subject to a satisfactory performance evaluation, and other specified employment terms was introduced by Interim Human Resources Director Marc Fox. A motion made by Vice Mayor Johnson III, seconded by Councilmember Willis, approved said employment agreement by the unanimous vote of the City Council.
I-2. The matter to approve the Fiscal Year 2021-22
multi-year comparative position listing and amend the salary schedule to implement the city manager's reorganization of specific City of Richmond departments was introduced by Interim Human Resources Director Marc Fox. Discussion ensued. Interim City Manager Shasa Curl requested the council to consider the following positions: planner II, senior planner, capital projects manager, deputy public works director, housing manager, deputy director community services recreation, and deputy director community services employment and training. Discussion ensued.
The council recommended consideration for the additional positions of Rent Board general counsel and chief assistant city attorney. Tarnel Abbott gave comments via teleconference.
Further discussion ensued. A motion was made by
Councilmember Jimenez, seconded by Councilmember Willis, to approve the positions proposed by Ms. Curl and the positions of Rent Board general counsel and chief assistant city attorney.
Further discussion ensued. A friendly amendment made by Councilmember McLaughlin to add the position of deputy director community services library was accepted. The motion with the friendly amendment passed and adopted Resolution No. 141-21 by the unanimous vote of the City Council.
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I-3. The matter to direct staff to draw up a Measure U
regulation to provide for the crediting of the rent board fees paid by small landlords with four rental units or less and submit this to the City Council for approval as soon as possible was introduced by Councilmembers Martinez and Willis. Discussion ensued. A motion made by Councilmember Willis, seconded by
Councilmember Martinez, to approve said direction to staff passed by the unanimous vote of the City Council.
I-4. The matter to adopt resolutions authorizing staff to execute a Task Authorization to NHA Advisors, LLC (NHA) for Municipal Advisor services and authorizing staff to execute professional services agreements with Willdan Financial Services (special tax consultant) and Stradling Yocca Carlson & Rauth (bond counsel) for services related to land-secured financing district(s) for the Point Molate Development was introduced by Public Works Director Joe Leach. Mark Northcross of NHA presented a Powerpoint that highlighted the following: risks; “worst case” scenario; potential mitigation for risks; and an overview of Community Facilities Districts (CFDs). Discussion ensued. A motion by Councilmember Martinez to table this matter died for the lack of a second. Further discussion ensued. The following individuals gave comments via teleconference: Jim Hanson, Paul Carman, Deborah Bayer, and Tarnel Abbott. Further discussion ensued. A motion was made by Councilmember
McLaughlin, seconded by Councilmember Jimenez, to approve the item and when the matter returned to the council with a process for CFD formation, direct staff to include various costs scenarios and mitigations. A friendly amendment by Councilmember Martinez to include a table of exactly how much the Mello-Roos would cost each resident with various numbers of money in the bonds and housing was accepted. Further discussion ensued. An amended motion by Councilmember McLaughlin, seconded by
Councilmember Jimenez, to approve the item and when the matter returned to council in February 2022, direct staff to include various costs scenarios and bond risk mitigation as well as a breakdown of each homeowner's costs they would pay through the CFD passed and adopted Resolution No. 142-21 and Resolution No. 143-21 by the unanimous vote of the City Council.
I-5. The matter to receive a presentation on the
Cannabis Equity Assessment and provide input on the draft citywide Cannabis Equity Manual was introduced by Interim City Manager Shasa Curl. Kyle Tankard of SCI Consulting Group presented a Powerpoint that highlighted the following: cannabis equity grant funding (GO-Biz); Cannabis Equity Assessment; outreach and education; adopting a Cannabis Equity Program; and next steps. Discussion ensued. The council requested that a set-aside policy for storefront and non-storefront cannabis businesses be included when this matter returned to the council on December 7, 2021. The council requested the following
information: the number of cannabis businesses in Richmond, owners, demographics, who were the direct and indirect
beneficiaries, and police data. The following individuals gave comments via teleconference: Raymond Chimezie, Deborah Small, Ahmad Anderson, and Mark Wassberg. The council
requested information for current cannabis-related arrests in Richmond and how many were processed by the district attorney.
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I-6. The matter to consider whether to adopt a resolution of the City Council of the City of Richmond censuring Mayor Tom Butt for releasing confidential attorney-client privileged information and confidential information discussed during closed session, and directing the city attorney to refer the matter to the Grand Jury and Contra Costa County district attorney was introduced by City Attorney Teresa Stricker. Mark Wassberg gave comments via teleconference. Discussion ensued. On motion of Vice Mayor Johnson III, seconded by Councilmember Martinez, adopted Resolution No. 144-21 by the following vote: Ayes:
Councilmembers Jimenez, Martinez, McLaughlin, Willis, and Vice Mayor Johnson III. Noes: Councilmember Bates and Mayor Butt.
Abstentions: None. Absent: None.
(At 11:00 p.m. – a motion made by Councilmember Willis, seconded by Vice Mayor Johnson III, to adjourn the meeting passed by the following vote: Ayes: Councilmembers Bates, Martinez, Willis, Vice Mayor Johnson III, and Mayor Butt.
Noes: Councilmembers Jimenez and McLaughlin. Abstentions:
None. Absent: None).
STUDY SESSION ITEMS
J-1. CONTINUED to the December 7, 2021, City
Council meeting – the matter to receive a report from the chair of and investigator from the Community Police Review Commission.
J-2. CONTINUED to the December 7, 2021, City
Council meeting – the matter to receive a presentation on a draft summary proposal for a new city-wide Community Benefits Policy.
REPORTS OF OFFICERS: REFERRALS TO STAFF, AND
GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
None.
ADJOURNMENT
There being no further business, the meeting adjourned at 11:00 p.m., to meet again on Tuesday, December 7, 2021, at 6:30 p.m.
Clerk of the City of Richmond
(SEAL)
Approved:
Mayor