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RICHMOND, CALIFORNIA, December 7, 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 December 7, 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 Nathaniel Bates, Claudia
Jimenez, Eduardo Martinez, Gayle McLaughlin, Melvin Willis, Vice Mayor Demnlus Johnson III, and Mayor Thomas K. Butt.
Absent: None.
CITY COUNCIL
CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9):
SPRAWLDEF et al. v. City of Richmond
The Guidiville Rancheria of California, et al. v. The United States of America, et. al.
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
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CONFERENCE WITH LEGAL COUNSEL -
ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) and Subdivision(e)(3) of Government Code Section 54956.9):
In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office attached to the agenda four communications regarding the amended judgment and various agreements related to Point Molate. The letters provided the existing facts and
circumstances for going into closed session on the items pursuant to California Government Code Section
54956.9(d)(2) and (e)(3).
CONFERENCE WITH LEGAL COUNSEL -
ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9) pursuant to California Government Code Sections 54956.9(d)(4):
In re National Prescription Opiate Litigation, United States District Court for the Northern District of Ohio, MDL No. 2804, Case No. 17-MD-2804 (class action).
CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6):
Agency Representative: Jack Hughes
Employee organizations:
1. SEIU Local 1021 Full-Time Unit
2. SEIU Local 1021 Part-Time Unit
3. IFPTE Local 21 Mid-Level Management Unit
4. IFPTE Local 21 Executive Management Unit
5. Richmond Police Officers Association (RPOA)
6. Richmond Police Management Association (RPMA)
7. IAFF Local 188
8. Richmond Fire Management Association (RFMA)
Unrepresented employee: Interim City Attorney
Agency Representative: Acting City Manager and Interim Senior Assistant City Attorney
PUBLIC EMPLOYEE APPOINTMENT (Government
Code Section 54957.6):
Interim City Attorney
LIABILITY CLAIMS - (Government Code Section
54956.9):
Cheryl Odom v. City of Richmond
PUBLIC COMMENT BEFORE CLOSED SESSION
The following individuals gave comments via
teleconference regarding the Point Molate litigation: Alix Mazuet, Jeanne Kortz, Tarnel Abbott, Jim Hanson, Sally Tobin, Doria Mueller-Beilschmidt, Jessi Taran, and David Helvarg.
The Open Session adjourned to Closed Session at 5:19 p.m.
Closed Session adjourned at 6:42 p.m.
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The Regular Meeting of the Richmond City Council was
called to order at 6:48 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.
PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
STATEMENT OF CONFLICT OF INTEREST
City Attorney Teresa Stricker announced her recusal as “city attorney” from Items J-16 and J-17. Ms. Stricker advised that Heather McLaughlin was the acting city attorney for those items.
Ms. Stricker advised Mayor Butt that he needed to recuse himself from Items J-19 and J-20 because he was named as the defendant in one item. The other item was an action against the City of Richmond, brought by the mayor’s adult son on behalf of private parties, in which the mayor was named in the complaint as a witness for the petitioners. Ms. Stricker further advised Mayor Butt that he needed to recuse himself from both items under a common law conflicts doctrine. Mayor Butt declined to recuse himself from both items.
AGENDA REVIEW
Item M-4 was moved for discussion immediately following Item M-2 (and subsequently moved again during the meeting for discussion immediately following Item M-1).
Items J-17, J-18, J-19, and J-20 were removed from the
Consent Calendar for discussion at the end of the agenda.
PRESENTATIONS, PROCLAMATIONS, AND
COMMENDATIONS
E-1. Mayor Butt announced recent resignations from City of Richmond boards, commissions, and committees; and vacancies as of November 17, 2021, and asked that interested individuals send applications to the city clerk.
REPORT FROM THE CITY ATTORNEY ON FINAL
DECISIONS MADE DURING CLOSED SESSION
City Attorney Teresa Stricker reported by a 4-3 vote, with Councilmember Bates, Vice Mayor Johnson III, and Mayor Butt voting no, the City Council approved a motion directing the city attorney to submit a letter to the Ninth Circuit Court of Appeals on December 8, 2021, informing the court and all parties that the City of Richmond would not file a brief in the SPRAWLDEF vs. City of Richmond case, and stating that the City of Richmond understands that the Guidiville Rancheria and Upstream would file an answer brief in the appeal. Ms. Stricker also reported by a 7-0 vote, the City Council authorized the city manager to sign and return participation agreements and state subdivision agreements, for both the Janssen Settlement and the Distributor Settlement, by the January 2, 2022, deadline so that the City of Richmond could 1355128891,,,cc7Dec2021 - DRAFT
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participate in the settlement proposed as part of class actions that are part of Multidistrict Litigation No. 2804 in the United States District Court in the Northern District of Ohio entitled In re National Prescription Opiate Litigation.
REPORT FROM THE CITY MANAGER
Interim City Manager Shasa Curl thanked staff for work
accomplished over the last week and encouraged the community to review the City Manager’s Weekly Report posted on the City of Richmond’s website. Ms. Curl provided brief updates on the following three key priorities in progress: recruitment to fill 99 job positions; “I Heart Richmond” cleanup program; and Measure U (gross receipts business license tax).
ABATEMENT REPORT FROM THE PUBLIC WORKS
DIRECTOR
Public Works Director Joe Leach presented a Powerpoint
that highlighted the following: Fairmede-Hilltop and Laurel Park neighborhood clean-ups, illegal dumping; encampment abatement; property board-ups; private property abatement; graffiti removal; and partnerships. The council advised that the encampment located on 23rd Street near the Bay Area Rapid Transit tracks was on private or city property and should not be there.
OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments via
teleconference:
Guy Corrie, Paul Butler, Ron Holthuysen, B. Fish, John
Varga, Ilona Clark, Aaron Winer, Jan Mignone, Steve Mirabito, Rob Lightner, Gonzalo Ochoa, James Lee, Ernest Lompa, Lamar Bell, and Garland Ellis gave comments regarding Item J-6, Measure U implementation.
Louis Padilla thanked Councilmember McLaughlin for
bringing attention to the need for more Richmond fire inspectors.
Mr. Padilla requested the reinstatement of the fire inspection position transferred to a police position in 2019. Mr. Padilla urged the council to consider promoting two qualified candidates to fire inspectors before the promotional list expired.
Jessi Taran gave comments against suggestions to remove encampments in Richmond. Ms. Taran advised that grant funds were not utilized to benefit the unhoused residents in Richmond as intended and there were no relocation options. Ms. Taran recommended the use of surplus land in Richmond to provide shelter to unhoused residents. Ms. Taran urged the council to value the unhoused community.
Mark Wassberg gave comments regarding unhoused
individuals. Mr. Wassberg also gave comments regarding World AIDS Day.
Richard Katz advised that the City of Richmond gave away 1,500 square feet of city land on Western Drive to a private homeowner, and the homeowner sold the land. Mr. Katz urged the council to investigate the matter.
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Leisa Johnson requested the City Council to return to
in-person meetings or adopt a hybrid model. Ms. Johnson advised that she was filing a formal request for an investigation of potential Brown Act violations. Ms. Johnson urged the council to delay the implementation of Measure U until an impact study was
completed. Ms. Johnson gave comments against moving Item M-4 for discussion before Item M-3.
Naomi Williams inquired about council redistricting public hearings scheduled for January 18 and February 1, 2022. Ms.
Williams expressed concerns that her council district was currently unrepresented.
Tarnel Abbott advised that a qualified librarian candidate was identified and recommended hiring the candidate. Ms. Abbott urged the council that the community deserved a full-service library. Ms. Abbott gave comments regarding the Point Molate litigation.
Mike Parker gave comments regarding Measure U. Mr.
Parker also gave comments in response to comments published by Mayor Butt regarding the Richmond Progressive Alliance (RPA).
Oscar Garcia expressed concerns regarding Measure U.
Mr. Garcia requested the City of Richmond to address the encampment on Castro Street and vehicle sideshows in the Iron Triangle area.
Ben Therriault gave comments against interim
appointments to City of Richmond positions. Mr. Therriault advised that part of the problem with staff retention and hiring was from not having a permanent human resources director. Mr.
Therriault urged the council to prioritize filling that position.
Nathaniel Bates gave comments (after consultation with the city attorney) regarding Point Molate litigations. Mr. Bates advised the following attorney fees to date: SPRAWLDEF
$235,000; North Coast Rivers Alliance amount not stated; and Guidville Rancheria of California $1 million. Mr. Bates advised that the public needed to be aware that there were serious litigations and potential liabilities of the City of Richmond losing large sums of money. Mr. Bates expressed concerns regarding Measure U and requested staff to review the survey of how many vacant buildings were in Richmond. Mr. Bates recommended that the Measure U implementation included input from those affected.
Tom Butt responded to public comments made against him
concerning the RPA.
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.
*J-1. Adopted Resolution No. 145-21 authorizing the
city manager or designee to submit an application for Per Capita program grant funds for Boorman Park; and accept and appropriate grant funds, if awarded.
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*J-2. Approved a sixth contract amendment with
Stommel, Inc. dba Pursuit North/Lehr for police vehicle outfitting, extending the contract term from July 1, 2016, to December 31, 2022, and increasing the payment limit by $270,000, for a total of $1,387,000.
*J-3. Approved the minutes of the regular October 19 and special November 30, 2021, meetings of the City Council.
*J-4. Approved an appointment to the
Richmond-Zhoushan Sister City Commission; appointed Bobby Winston, new appointment, seat #6, term expiration date December 31, 2023.
*J-5. Approved a second amendment to the Legal
Services Agreement with the Telecom Law Firm for representation of the City of Richmond concerning wireless communications matters, including assistance with review of wireless and wired siting applications, to increase the contract amount by $300,000, for a total not to exceed $600,000 (with funds for payment generated from fees from the wireless applications and/or from revenue collected from the leasing of city-owned property by wireless carriers), with a term ending June 30, 2024.
*J-6. Received a written report on Measure U
implementation.
*J-7. Authorized a contract with Charles River Associates in an amount not to exceed amount $40,000, to perform a peer review of the City of Richmond's municipal advisor's
recommendations regarding the Pension Obligation Bonds, for a one-year term beginning December 8, 2021, and ending December 8, 2022.
*J-8. Adopted Resolution 146-21 approving a three
percent annual cost of living increase, in addition to the two percent minimum cost of living increase, for the recipients of the General Pension Fund, for a total annual cost of living increase of five percent for the recipients.
*J-9. Approved the sole-source contract with BLD
Consulting to provide data management planning, configuration, customization, and reporting services for Fire Department's Records Management System for a total amount not to exceed $40,000, for a term through November 30, 2024.
*J-10. Approved a contract with Bode Cellmark Forensics, Inc., in an amount not to exceed $199,000, from September 7, 2021, to February 28, 2022.
*J-11. Approved a sole-source contract with Contra Costa County for Coordinated Outreach Referral and Engagement services to continue service to the City of Richmond for Fiscal Year 2021-2022, at a cost not to exceed $144,333, from July 1, 2021, to June 30, 2022.
*J-12. Approved a five-year contract with Peregrine
Technology, an analytic platform that integrates data to provide for greater case solvability, in an amount not to exceed $1,097,500 ($219,500 annually), from November 1, 2021, to October 31, 2026.
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*J-13. Approved an agreement with SF Global, LLC to
support the implementation of Richmond's Municipal
Identification Card Program through December 2024, with three, two-year extension options; and directed staff to incorporate the intake and marketing components of the program into a City of Richmond department.
*J-14. Adopted a resolution to update the 2022 solid waste collection rates.
*J-15. Adopted a resolution approving the establishment of a Cannabis Equity Program including a Cannabis Equity Assessment, and a Cannabis Equity Manual.
*J-16. Approved City Attorney Teresa Stricker's request to make December 22, 2021, her last day of employment with the City of Richmond.
J-17. CONTINUED to the December 14, 2021, City
Council special meeting – the matter to adopt a resolution commending outgoing City Attorney Teresa Stricker for her service and professionalism; and renouncing and condemning statements about the city attorney made by Mayor Tom Butt.
J-18. CONTINUED to the December 14, 2021, City
Council special meeting – the matter to approve a $40,000 amendment to the legal services agreement with the law firm of Burke Williams, & Sorensen, LLP for general municipal and personnel matters for a total amount not to exceed $140,000.
J-19. CONTINUED to the December 14, 2021, City
Council special meeting – the matter to approve (1) a $50,000 amendment to the legal services agreement with the law firm of Burke Williams, & Sorensen, LLP for general municipal and personnel matters for a total amount not to exceed $100,000 and (2) an additional appropriation of $50,000 from the general fund to pay for a portion of the second contract amendment.
J-20. CONTINUED to the December 14, 2021, City
Council special meeting – the matter to approve (1) a $75,000 amendment to the legal services agreement with the law firm of Meyers Nave, LLP for general municipal law advice and litigation for a total amount not to exceed $85,000 and (2) an additional appropriation of $75,000 from the general fund to pay for the first contract amendment.
PUBLIC HEARINGS
K-1. The city clerk announced that it was time, pursuant to public notice, to hold a public hearing to adopt a resolution denying the appeal and affirming the Planning Commission's conditional approval of a Conditional Use Permit and Design Review, to construct a single-family residence on a vacant parcel located within the -S, Shoreline Overlay district at 357 Western Avenue. Community Services Director Lina Velasco introduced the matter. Senior Planner Hector Lopez presented a Powerpoint that highlighted the following: background; proposal; key design changes requested by the Planning Commission; standard review of appeal; and summary of key issues in appeal with responses.
Discussion ensued. Mayor Butt declared the public hearing open.
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Jonathan Livingston and Ron Elson gave comments in favor of the appeal. Ms. Arbour and Mr. Garbelmann each gave comments in rebuttal. Mayor Butt closed the public hearing. Further discussion ensued. A motion made by Councilmember Willis, seconded by Vice Mayor Johnson III, to continue the matter to the January 11, 2022, City Council meeting to allow staff time to provide additional information regarding the sewer connection passed by the unanimous vote of the City Council. The council requested staff to investigate the idea of applicants being referred to work with the Design Review Board subcommittee when they are supposed to work with the entire review board; steering to certain architectural firms; and other issues surrounding personal design preferences.
ORDINANCES
L-1. The matter to introduce an ordinance (first reading) amending Chapter 9.20 of the Richmond Municipal Code entitled "Solid Wastes" in order to be compliant with state law Senate Bill (SB) 1383 Short-Lived Climate Pollutants was introduced by Interim City Manager Shasa Curl. Environmental Manager Samantha Carr presented a Powerpoint that highlighted the following: solid waste background; SB 1383 and requirements; Richmond policy synergies; ordinance amendment goals; outreach and education; compliance and enforcement; and next steps.
Discussion ensued. Mark Wassberg and Jessi Taran gave
comments via teleconference. A motion made by Councilmember Bates, seconded by Councilmember McLaughlin, to introduce the ordinance for first reading passed and said ordinance received the first reading and was laid over for two weeks for second reading by the unanimous vote of the City Council.
COUNCIL AS A WHOLE
M-1. The matter to receive a report from the chair of and investigator from the Community Police Review Commission (CPRC) was presented by CPRC Chair Randy Joseph and
Investigative Officer Jerry Threet. Mr. Joseph presented a Powerpoint that highlighted the following: CPRC overview; ordinance amendments; complaints and process; challenges; and recommendations. Mr. Threet presented CPRC investigations and findings. Discussion ensued. The following individuals gave comments via teleconference: Mark Wassberg, Ben Therriault, Yenny Garcia, Jessi Taran, Mike Parker, Deborah Small, Leisa Johnson, Naomi Williams, Cecil Anderson Jr., Jamin Pursell, Amanda Jenkins, and Tarnel Abbott.
M-2. CONTINUED to the December 14, 2021, City
Council special meeting – the matter to receive a presentation on a draft summary proposal for a new city-wide Community Benefits Policy.
M-3. CONTINUED to the December 14, 2021, City
Council special meeting – the matter to receive an updated staffing presentation from the Police Department to include changes and/or modifications to the services provided to the community based on resource allocations due to financial and efficiency considerations.
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M-4. The matter to direct staff to return with a contract amendment with Housing Consortium of the East Bay to allow additional time for unhoused vehicle dwellers at Rydin Road and at Castro Street to be relocated and provide on-site services (with month-to-month reports to the City Council on progress via the Reimagining Task Force's overall monthly updates); and approve and appropriate $50,000 for flex funds for repair, preparation for transfer or removal, registration, storage and towing for RVs and vehicles and for temporary storage of personal belongings, to assist in relocation efforts was introduced by Councilmember
McLaughlin. (At 10:58 p.m. - a motion by Vice Mayor Johnson III, seconded by Councilmember McLaughlin, to extend the meeting for public comment and the vote only for Item M-4 passed by the unanimous vote of the City Council. Mayor Butt ruled the motion improper because it did not allow for debate. A motion made by Vice Mayor Johnson III, seconded by
Councilmember Willis, to overrule the mayor and extend the meeting for public comment and the vote only for Item M-4 passed by the following vote: Ayes: Councilmembers Bates, Jimenez, Martinez, McLaughlin, Willis, and Vice Mayor
Johnson III. Noes: Mayor Butt. Abstentions: None. Absent:
None). The following individuals gave comments via
teleconference: Terry Dunn, Lea Murray, Ramon Quintana, Amanda Jenkins, Mark Wassberg, Brenda Hector, Jessi Taran, Jean Moses, Leisa Johnson, Maeve Berman, and Payton Silket. (At 11:28 p.m. – a motion was made by Councilmember
McLaughlin, seconded by Councilmember Johnson III, to
suspend the rules and extend the meeting to hear the remaining public speakers, make a motion, and vote on Item M-4. A substitute motion made by Councilmember Martinez, seconded by Mayor Butt, to complete Item M-4 with discussion failed by the following vote: Ayes: Councilmember Martinez and Mayor Butt. Noes: Councilmembers Bates, Jimenez, McLaughlin, and Vice Mayor Johnson III. Abstentions: Councilmember Willis.
Absent: None. The main motion passed by the following vote:
Ayes: Councilmembers Bates, Jimenez, McLaughlin, Willis, and Vice Mayor Johnson III. Noes: Councilmember Martinez and Mayor Butt. Abstentions: None. Absent: None). The following remaining public speakers gave comment via teleconference:
Jamin Pursell, Ben Therriault, John Springman, Cecil Anderson Jr., and Linda Grubbs. A motion was made by Councilmember McLaughlin, seconded by Councilmember Jimenez, to direct staff to return to the council on December 21, 2021, with some kind of service extension (that could have been as simple as working with Contra Costa County Coordinated Outreach Referral and
Engagement services and having a service contract to keep the port-a-potties in place with servicing of the port-a-potties); no residents at Rydin Road or Castro Street be evicted or removed from the site until they were offered places to relocate (if a vehicle dweller was offered a space in one of the church lots or safe parks, they must have accepted it, if a vehicle dweller was offered a shelter bed or motel room and an offer to store their vehicle, they must have accepted it with the understanding that if the county did not offer them permanent housing in their stay at the motel or shelter, Safe Organized Spaces would do their best to help them find a safe park or camping location afterward); and $50,000 be allocated from American Rescue Plan Act funds for flex funds for repair, preparation, registration, storage, and towing of RVs and vehicles, and for temporary storage of personal belongings to assist in relocation efforts. A substitute motion made by Councilmember Bates, seconded by Vice Mayor Johnson III, to not evict anyone and that the mayor appointed a committee that consisted of the 1355128891,,,cc7Dec2021 - DRAFT
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individuals involved and included some of the individuals that gave public comments for the item to work with a program to come forward that would be beneficial and successful for those that were affected passed by the following vote: Ayes:
Councilmembers Bates, Martinez, Vice Mayor Johnson III, and Mayor Butt. Noes: None. Abstentions: Councilmembers Jimenez, McLaughlin, and Willis. Absent: None.
REPORTS OF OFFICERS: REFERRALS TO STAFF, AND
GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
None.
ADJOURNMENT
There being no further business, the meeting adjourned at 11:46 p.m., in memory of Pastor Kellis Love, Lois Jean Irving, and Steve Nadel to meet again on Tuesday, December 14, 2021, at 6:30 p.m.
Clerk of the City of Richmond
(SEAL)
Approved:
Mayor