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RICHMOND, CALIFORNIA,
January 11, 2022, 5:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
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A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION
The Richmond City Council Evening Open Session was called to order at 5:00 p.m. by Mayor Thomas K. Butt via teleconference.
B. ROLL CALL
Present: Councilmembers Claudia Jimenez, Eduardo Martinez, Melvin Willis, Gayle McLaughlin, Vice Mayor Demnlus Johnson III, and Mayor Thomas K. Butt. Absent:
Councilmember Nathaniel Bates.
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Paragraph (1) of Subdivision [d] of Government Code Section 54956.9 a. Richmond Shoreline Alliance, SPRAWLDEF, Citizens for East Shore Parks, Sunflower Alliance, and GreenAction for Health and Environmental Justice v. City of Richmond
C.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
a. Title: City Attorney
C.3 PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957.6)
a. Title: City Attorney
D. PUBLIC COMMENT BEFORE CLOSED SESSION
Tarnell Abbott gave comments regarding Item C1.a. and encouraged the city to settle the lawsuit.
Mayor Butt gave comments regarding Assistant City Attorney Heather McLaughlin preventing him from participating in a recent Closed Session discussion and requested a public apology from Ms. McLaughlin.
E. ADJOURN TO CLOSED SESSION
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The Open Session adjourned to Closed Session at 5:04 p.m. Closed Session adjourned at 6:05 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
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6:30 p.m.
G. ROLL CALL
Present: Councilmembers Nathaniel Bates, Eduardo Martinez, Mayor Demnlus Johnson III, and Mayor Thomas K. Butt. Absent: Councilmembers Claudia Jimenez, Gayle McLaughlin, and Melvin Willis arrived after the roll was called.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
Items Q-6, O.4.F, and P-1 were continued to the January 18, 2022, City Council meeting.
Item Q-2 was continued to the February 22, 2022, City Council meeting.
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
City Attorney Dave Aleshire stated there were no reportable actions taken.
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
Interim City Manager Shasa Curl reported on the increase in Covid-19 cases throughout the area. Ms. Curl also stated there would be a Covid-19 employee booster policy, which would be implemented in the near future; Community workshop #3 for the potential Vacant Property Parcel Tax would be on January 12, 2022, at 6 p.m. via Zoom; and the Martin Luther King Day of Service was scheduled for Monday, January 17, 2022, from 10 a.m. to2 p.m. at 16th Street and Ohio Avenue.
M. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR (public comment allowed under Open Forum)
Public Works Director Joe Leach presented a PowerPoint, which highlighted the following: 7th Street Clean-up; Nevin Avenue Resurfacing; Illegal Dumping; Encampment Abatement of six encampments; City Lot Abatement; and Graffiti Removal.
N. OPEN FORUM FOR PUBLIC COMMENT
Attorney Heather McLaughlin apologized to Mayor Butt for having unintentionally locked him out from attending a recent closed session, which was due to technical error.
Mayor Butt accepted her apology.
Mark Wassberg gave comments regarding Vice Mayor Johnson III’s support for Congresswoman Maxine Waters.
Naomi Williams stated the city should keep the current Interim City Manager in the permanent position. Ms. Williams also thanked Public Works Director Joe Leach for his work and asked the city to hire additional abatement crew.
Jeff Ritterman spoke in support of Item O-2 regarding the events of the January 6, 2021, attack on the U.S. Capitol.
Katrinka Ruk stated concerns for the city moving forward with the Business License Tax and that discussions have not occurred with the business community and how they would be impacted.
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Jessi Taran suggested that all the various task forces should work together to come up with ideas such as the use of vacant land for homeless sites, job training grants, and job training programs in alternative energy.
Councilmember McLaughlin gave comments regarding Item O-2 Condemning the acts of January 6, 2021.
Mayor Butt gave comments regarding the city spending taxpayer money on frivolous lawsuits including the investigation launched against him that cost the city $50,000, in which he was ultimately exonerated.
O. CITY COUNCIL CONSENT CALENDAR
Motion by Vice Mayor Demnlus Johnson III
Seconded by Eduardo Martinez
Ayes (7): Mayor Butt, Vice Mayor Demnlus Johnson III, Nathaniel Bates, Claudia Jimenez, Eduardo Martinez, Melvin Willis, and Councilmember McLaughlin O.1 City Clerk's Office
a. City Council Minutes
APPROVE the minutes of the November 23 and December 7 and 14, 2021, regular City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).
O.2 City Council
a. Condemning the horrific events of January 6, 2021, and defending democracy and the sacred right of voting.
ADOPT a resolution condemning the horrific events of the January 6, 2021, attack on the United States Capitol and defending democracy and the sacred right of voting – Councilmember Gayle McLaughlin (510-620- 6581).
Adopted Resolution No. 1-22.
O.3 City Manager's Office
a. Contract with Social & Public Art Resource Center (SPARC) APPROVE a sole-source contract with Social & Public Art Resource Center (SPARC) for the design, fabrication, installation, and replacement of a series of five murals on the Richmond Senior Center, 2525 Macdonald Avenue, in an amount not to exceed $18,600, with a term from January 11, 2022, through June 30, 2023 - City Manager’s Office, Economic Development (Shasa Curl/Winifred Day 510-620-6952).
O.4 Finance Department
a. Annual review and adoption of debt policy for fiscal year 2021-2022 REVIEW the Debt Policy for Fiscal Year 2021-2022; and ADOPT the resolution approving said policy – Finance Department (Belinda Brown 510-620-6740).
Adopted Resolution No. 2-22.
b. Compliance with developer fees
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RECEIVE the annual year-end developer fee report as required pursuant to Section 66006 of the Government Code – Finance Department (Belinda Brown/Vrenesia Ward 510-621-1211).
c. Resolution approving investment policy
ADOPT a resolution approving the City of Richmond Investment Policy Fiscal Year 2021-2022 – Finance Department (Belinda Brown 510-620- 6740).
Adopted Resolution No. 3-22.
d. Investment and Cash Balance report for the month of November 2021 RECEIVE the City’s Investment and Cash Balance Report for the month of November 2021 – Finance Department (Belinda Brown 510-620-6740). e. Resolution approving Other Post-Employment Benefits (OPEB) funding policy
ADOPT a resolution approving the Fiscal Year 2021-2022 Other Post- Employment Benefits (OPEB) Funding Policy – Finance Department (Belinda Brown 510-620-6740).
Adopted Resolution No. 4-22.
f. Annual review and adoption of swap policy for fiscal year 2021-2022 REVIEW the Swap Policy for Fiscal Year 2021-2022; and ADOPT the resolution approving said policy – Finance Department (Belinda Brown 510-620-6740).
Continued to the January 18, 2022, City Council meeting, O.5 Human Resources
a. Adopt resolution amending the salary schedule
ADOPT a resolution amending the City’s Salary Schedule to reflect the new and deleted classifications; AMEND position control to add one (1) Deputy Director of Community Services – Neighborhood Safety, two (2) Field Coordinators, one (1) Accounting Assistant, one (1) Administrative Aide, and five (5) Neighborhood Change Agents to increase the total amount to eleven (11) Neighborhood Change Agents; and APPROVE allocation of funds for the wages and salaries for these classifications and associated compensation – Human Resources (Anil Comelo/Sharrone Taylor 510-620-6600).
Adopted Resolution No. 5-22.
O.6 Police Department
a. Justice Assistance Grant-funded Purchase Approval
APPROVE a purchase from TYR TACTICAL for Ballistic Plate Carriers and Level III+ Ballistic Plates (a.k.a. bullet proof vests) for the Police Department’s SWAT Team using funds provided by the Police department’s Justice Assistance Grant program, in an amount not to exceed $44,159.24 – Police Department (Louie Tirona 510-621-1802).
O.7 Public Works
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a. Veolia’s October 2021 Monthly Operating Report
RECEIVE the Veolia Monthly Operating Report for the month of October 2021 – Public Works Department (Joe Leach 510-620-5478/Mary Phelps 510-621-1269).
P. PUBLIC HEARINGS
P.1 Appeal of Planning Commission’s approval of a conditional use permit and design review (PLN20-043)
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 Development Department (Lina Velasco 510-620-6706). This item was continued from the December 7, 2021, meeting. The public hearing is closed on this item; for council discussion and resolution only.
Continued to the January 18, 2022, City Council meeting.
Q. NEW BUSINESS
Q.1 Police Staffing Presentation
RECEIVE an updated staffing presentation from the Police Department to include changes to the services provided to the community based on resource allocation due to the financial and efficiency considerations - Police Department (Acting Chief Louie Tirona 510-621-1802). This item was continued from the December 7, 2021, meeting.
Acting Chief Louie Tirona presented a PowerPoint which highlighted the following: Historical Staffing Comparison; Current Staffing Situation; Sworn Positions Budgeted vs. Actual; 2021 Sworn Separations; Retirement Analysis; 2022 Priorities; 2021 Sworn Personnel Allocation; 2022 Sworn Personnel Allocation; Retention, Recruiting and Hiring; National Climate; Regional Challenges; Testing Process; and Recruiting Efforts. Discussion ensued. The following individuals gave comments via teleconference: Mark Wassberg, Steve Bischoff, Naomi Williams, Shawn Dunning, Don Gosney, Jan Mignone, Leisa Johnson, Katrinka Ruk, Deborah Bayer, Madalyn Law, and Jamin Pursell. City Council requested analysis of police M.O.U’s, and further information and discussion on the police department dog bite policy.
Q.2 Update from Chevron Refinery
RECEIVE an update from the Richmond Chevron Refinery on the February 9, 2021, oil spill at the Chevron Long Wharf - Councilmember Claudia Jimenez (510-620-6565). This item was continued from the December 21, 2021, meeting.
Continued to the February 22, 2022, City Council meeting.
Q.3 Amendment to legal services agreement with Ellis Investigations, L.C.
Motion by Vice Mayor Demnlus Johnson III
Seconded by Councilmember McLaughlin
APPROVE a first amendment to an existing legal services agreement with Ellis Investigations, L.C., to conduct personnel investigations for the City in the amount of $90,000, for a total contract amount of $100,000, for a term of December 21, 2021, through June 30, 2023. Interim Deputy City Manager, Anil Comelo gave an overview of the matter.
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Ayes (5): Vice Mayor Demnlus Johnson III, Claudia Jimenez, Eduardo Martinez, Melvin Willis, and Councilmember McLaughlin
Noes (1): Mayor Butt
Abstentions (1): Nathaniel Bates
Q.4 Legal services agreements in amount of $350,000 per firm ADOPT a resolution of the City Council authorizing the City to enter into legal services agreements with law firms to provide municipal law advice and to represent the City and related entities in litigation on an as-needed basis, for an amount not to exceed $350,000 per firm, for three years, beginning on January 1, 2022 through June 30, 2025, with an option to extend the agreements for two years – City Attorney’s Office (Heather McLaughlin 620-6509). This item was continued from the December, 21, 2021 meeting.
Attorney Heather McLaughlin gave an overview of the matter. City Council requested additional information on costs associated with the use of outside legal firms over the past ten years and the possibility of placing a cap on the total amount spend over the term of the contracts. The matter was held over to the February 1, 2022, City Council meeting.
Q.5 Approval of a legal services agreement and amendments to six existing legal services agreements for municipal law litigation
APPROVE a legal services agreement with Edrington, Schirmer & Murphy LLP in the amount of $100,000, a first amendment to add $75,000 with Manning & Kass, Ellrod, Ramirez & Trester, LLP, a first amendment to add $75,000 with Colantuono Highsmith & Whatley, P.C., a second amendment to add $125,000 with Orbach Huff & Henderson LLP, a second amendment to add $125,000 with McNamara, Ney, Beatty, Slattery, Borges & Ambacher, LLP, a second amendment to add $50,000 with Best, Best & Krieger, LLP and a third amendment to add $210,000 with Allen, Glaessner, Hazelwood & Werth, LLP to represent the City of Richmond in pending municipal law litigation in state and federal court – City Attorney’s Office (Heather McLaughlin 510-620-6509). This item was continued from the December 21, 2021, meeting.
City Council requested information on what cases would be handled by each firm.
The matter was held over to the February 1, 2022, City Council meeting.
Q.6 Amendment to legal services contract with Downey Brand law firm APPROVE contract amendment no. 1 with Downey Brand law firm in the amount of $255,000, for an additional two (2) years, ending December 31, 2024, for the legal review of the requirements as predetermined in the existing Baykeeper Settlement Agreement and to represent the City in any future settlement agreement discussions. The total contact will not exceed $510,000 without prior council approval - Public Works (Joe Leach 620-5478). This item was continued from the December 21, 2021, meeting.
Continued to the January 18, 2022, City Council meeting, Q.7 2021 Community Survey Results
RECEIVE a presentation and report on the City of Richmond's 2021 Community Survey results; and PROVIDE direction to staff as appropriate – City Manager’s Office (LaShonda White 510-620-6512). This item was continued from the December 21, 2021, meeting.
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LaShonda White presented a PowerPoint, which highlighted the following: Uses of Survey Results; Outreach; Survey Respondent Demographics; Positive Trends; Richmond as a Place to Live, Work, and Play; Safety; Economy; Government; Participation; Top Issues to Address in the Next 2 Years; NCS Report on Tableau; Comparison Information; and Geographic Area. Discussion ensued. The following individuals gave comments via teleconference: Shawn Dunning, Leisa Johnson, and Naomi Williams. The community survey is open to anyone who would like to provide input and information regarding Richmond regardless of if they live in the city or not.
R. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
City Clerk Pamela Christian invited the public to the 3rd City Council Redistricting Public Hearing during the January 18, 2022, City Council meeting, at 7 p.m.
Mayor Butt stated he would not attend the January 18, 2022, City Council meeting because he would be at the U.S. Conference of Mayor’s in Washington D.C.
Councilmember Martinez announced the Martin King Jr. Day of Service would be held on Monday, January 17, 2022, at 10 a.m., on the Richmond Greenway.
S. ADJOURNMENT
There being no further business, the meeting adjourned at 10:23 p.m., in memory of Vice Mayor Johnson III’s great aunt Ora Givens, actor Sidney Poitier, and Paul Dees to meet again on January 18, 2022, at 6:30 p.m.
Clerk of the City of Richmond
(SEAL)
Approved:
______________________________________
Mayor
Clerk of the City of Richmond Mayor