17181335054,,,cc21Dec2021 - DRAFT
ud/prc
RICHMOND, CALIFORNIA, December 21, 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, Governor Gavin Newsom issued executive orders that allowed cities to hold public meetings via teleconferencing (Executive Order N-29-20). ss
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 Executive Order N-29-20, 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 21, 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, and Mayor Thomas K. Butt. Absent: Vice Mayor Demnlus Johnson III arrived after roll was called.
CITY COUNCIL
CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9):
Ferreira-Dias v. City of Richmond
Richard Katz et al. v. City of Richmond
City of Richmond v. Thomas K. Butt
Mayor Butt had Conflict of Interest regarding the matter of Richard Katz et al v. City of Richmond and City of Richmond v.
Thomas K. Butt.
17181335054,,,cc21Dec2021 - DRAFT
ud/prc
CONFERENCE WITH LABOR NEGOTIATORS (Government
Code Section 54957.6):
Unrepresented employee: Interim City Attorney
Agency Representative: Interim City Manager and Interim Chief Assistant City Attorney
PUBLIC COMMENT BEFORE CLOSED SESSION
Gregory Everetts stated that Measure U should be
implemented.
The Open Session adjourned to Closed Session at 5:03 p.m.
Closed Session adjourned at 6:44 p.m.
The Regular Meeting of the Richmond City Council was
called to order at 6:59 p.m. by Mayor Butt via teleconference.
ROLL CALL
Present: Councilmembers Claudia Jimenez, Eduardo
Martinez, Gayle McLaughlin, Melvin Willis, Vice Mayor Demnlus Johnson III, and Mayor Thomas K. Butt. Absent: Councilmember Nat Bates arrived during Agenda Review.
STATEMENT OF CONFLICT OF INTEREST
None.
AGENDA REVIEW
Items K-3 and K-4 were moved to be heard before Items
K-1 and K-2. City Clerk Pamela Christian stated that Item K-3 would be placed under Ordinances. Mayor Butt stated Item K-3 would be split to remove and continue the Measure U matter to a city council meeting in January 2022. A motion made by Councilmember Jimenez, seconded by Councilmember
McLaughlin to overrule Mayor Butt, failed by the following vote:
Ayes: Councilmembers Jimenez, Martinez, and McLaughlin. Noes:
Councilmember Bates and Mayor Butt. Absent: Councilmember Willis. Abstain: Vice Mayor Johnson III. Item K-2 was moved to be heard directly after Open Forum. Item K-4 was moved for discussion after Item K-2. Items J-12, J-13,
J-24, and J-28 were removed from the Consent Calendar to be heard at the end of the agenda. Item L-1 was continued to the January 11, 2022, City Council meeting.
REPORT FROM THE CITY ATTORNEY ON FINAL
DECISIONS MADE DURING CLOSED SESSION
Assistant City Attorney Heather McLaughlin stated there were no final actions to report.
REPORT FROM THE CITY MANAGER
Interim City Manager Shasa Curl thanked the Richmond
Police and Fire Departments for the recent toy giveaway event.
F-1. The matter to introduce the City Council and the
Public to the new agenda design format was presented by City Clerk Pamela Christian, which highlighted the following: Increase participation, transparency and Improve Organizational Efficiency; 17181335054,,,cc21Dec2021 - DRAFT
ud/prc
Agendas published in PDF and HTML formats; Resolutions and Ordinances categories removed; New Business category added; and Consent Calendar Items organized by department. The new agenda system would begin with the January 11, 2022, City Council meeting.
REPORT FROM IMPLEMENTATION SUB-COMMITTEE
FOR REIMAGINING TASK FORCE (PUBLIC COMMENTS
ALLOWED UNDER OPEN FORUM)
Luis Chacon, subcommittee chairperson provided a report, which highlighted the following: Community Conversations; Unhoused Interventions; Community Crisis Response; Office of Neighborhood Safety; and YouthWORKS. Discussion ensued. The sub-committee would further discuss the issue regarding police dog bite incidents..
OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave the following comments via teleconference:
Gary Bragg gave comments regarding implementation of
Measure U that would make businesses relocate out of Richmond due to increased fees.
Tarnel Abbott gave comments regarding the Greek Chorus
and its role in the community.
Oscar Garcia gave comments regarding the deplorable
conditions of the Castro Street encampment.
Carla Perez requested that the Reimagining Task Force
Subcommittee provide a report on the number of people attend a their meetings.
Jessi Taran stated that HCEB needed to be audited and funds should be allocated to assist unhoused individuals.
Debra Small gave comments regarding systemic racism and racial bias that was being discussed in the Richmond Remaining Task Force Subcommittee.
Kate Spaulding requested the reissuance of a rental permit for the film group, Magic Lantern, for the use of the Point Richmond Community Center.
Debra Bayer spoke in support of implementation of
Measure U.
Marisol Cantu gave comments regarding the Richmond
Police Canine Unit and its lack of reporting use of force incidents.
Emily Ross gave comments regarding Measure U and the
need to reach out and receive more input from the business community.
Naomi Williams stated the SOS organization has not made good use of the funds given to them to assist the unhoused community.
17181335054,,,cc21Dec2021 - DRAFT
ud/prc
Jamin Pursell spoke in support of the Reimagining Task
Force and thanked them for their hard work.
Arto Rentila requested the status of a public records request he made to several city councilmembers regarding the Reimagining Task Force Committee.
Councilmember Bates stated there should be an audit on the organization SOS and where the funds were allocated.
Councilmember Bates also stated that the city must be respectful and considerate of the businesses that may move out of Richmond due to implementation of Measure U.
Councilmember Willis stated that he responded and
provided data in reference to a public records request regarding the Reimagining Richmond Task Force made by Arto Rentila.
SUCCESSOR AGENCY TO THE RICHMOND
COMMUNITY REDEVELOPMENT AGENCY CONSENT
CALENDAR
I-1. A motion by Councilmember Martinez, seconded by
Vice Mayor Johnson III, adopted Resolution No. 21-1, by the unanimous vote of the city council, approving the Successor Agency to the Richmond Community Redevelopment Agency's Recognized Obligation Payment Schedule and an administrative budget for the period July 1, 2022, through June 30, 2023 ("ROPS 22-23") pursuant to California Health and Safety Code Sections 34177(o) and 34171(a),(b), and 34177(j), respectively.
CITY COUNCIL CONSENT CALENDAR
On motion of Councilmember Martinez, seconded by Vice
Mayor Johnson III, the items marked with an (*) were approved by the unanimous vote of the City Council.
*J-1 Approved the Fiscal Year 2022-2023 Environmental and Community Investment Agreement (ECIA) competitive grant program annual allocation of $375,000; and authorized the release of the Request for Application and Guidelines.
*J-2. Acknowledged the proposed January 1, 2022, release of the Richmond Fund for Children and Youth Fiscal Year 2022- 23 Request for Proposals to support a competitive grant process to fund youth-serving organizations.
*J-3. Approved a contract with Net Electric, Inc. to
develop and provide courses in electric vehicle charging system installation and maintenance for the residential and light commercial areas, for the RichmondBUILD Academy participants.
The contract term will be December 21, 2021, through March 31, 2024, for a total contract amount not to exceed $30,000.
*J-4. Approved an amendment to the contract with the
National Association of Training and Environmental Consulting (NATEC) International, Inc. to provide additional hazardous materials training classes as part of the RichmondBUILD pre- apprenticeship training program. The contract term will be extended through June 30, 2023, and the amount will be increased by $15,000, for a total contract amount not to exceed $86,738.
17181335054,,,cc21Dec2021 - DRAFT
ud/prc
*J-5. Approved a second amendment to extend the
agreement with Contra Costa County Health Services to continue the COVID-19 Vaccine and Testing Center at the Richmond Convention Center, 403 Civic Center Plaza, until June 30, 2022, and waive fees associated with the second amendment.
*J-6. Approved a lease agreement amendment with
Alcatraz Cruise, LLC., in Basin 4, at Point Potrero Marine Terminal, increasing the annual base rent amount by $120,000, for a new total annual base rent amount of $180,000, and a five-year term, with two (2) five-year extensions.
*J-7. Authorized the city manager to execute a standard agreement with San Francisco Bay Conservation and Development Commission (BCDC), in an amount not to exceed $30,000, to process and act on amendments to the San Francisco Bay Plan (Bay Plan), and allow for an overall update to the San Francisco Bay Area Seaport Plan (Seaport Plan), for a term beginning November 16, 2021, and ending June 30, 2022
*J-8. Adopted Resolution No. 150-21, approving the
Memorandum of Agreement between the Contra Costa County Sherriff's Office and the City of Richmond for the distribution of Fiscal Year 2019-2020 Emergency Management Performance
Grant (EMPG) funds.
*J-9. Adopted Resolution No. 151-21, approving the
Memorandum of Agreement between the Contra Costa County Sherriff's Office and the City of Richmond for the distribution of Fiscal Year 2020-2021 Emergency Management Performance
Grant (EMPG) funds.
*J-10. Received the City's Investment and Cash Balance Report for the month of October 2021.
*J-11. Adopted Resolution No.152-21, approving a
successor collective bargaining agreement between the City of Richmond and the Part-Time & Intermittent Employee Bargaining Unit represented by SEIU Local 1021; and DIRECT the city manager or designee to update the publicly available salary schedule with the adopted wage increases during the term of the collective bargaining agreement.
J-12. Continued to the January 11, 2022, City Council
meeting, the matter to 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.
J-13. Continued to the January 11, 2022, City Council
meeting, the matter to 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.
17181335054,,,cc21Dec2021 - DRAFT
ud/prc
*J-14. Approved a contract amendment with Dunnigan
Psychological Assessments to increase the payment limit from $9,500, to an amount not to exceed $75,000, over three years, with a start date of July 1, 2021, and end date of June 30, 2024.
*J-15. Approved a two-year contract with OutsourceIt,
Inc. and ISterling, Inc. with a two-year option to extend, to provide services related to Residential Rental Inspection Program (RRIP), in an amount not to exceed $1,000,000 per vendor, to be paid for by fees collected from landlords.
*J-16. Approved a contract with Hatchuel Tabernik &
Associates (HTA) for $15,000, with an option to increase to $30,000, to provide grant writing services to support the Community Development, Housing Division in preparing
applications for homelessness services and encampment resolution funding, for a term not to exceed December 31, 2022.
*J-17. Adopted Resolution No. 153-21, requiring the
continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361.
*J-18. Approved the minutes of the regular October 26, November 2, November 16, and special November 9, 2021, City Council meetings.
*J-19. Adopted Ordinance No. 16-21, 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.
*J-20. Approved a contract with Pro-Cal Lighting Inc. for City Auditorium Main Lighting System Improvements, located at 403 Civic Center Plaza, Richmond, in an amount not to exceed $500,000 including $464,390 low bid plus contingency; and re- appropriate $214,750 from the current Shields Reid Community Center HVAC Improvements project allocation (proceeds from the Chevron Settlement Community Benefits Agreement Funds) of $342,000 to make up the total Auditorium Lighting Improvements project cost of $500,000.
*J-21. Adopted Resolution No.154-21, amending the
construction contract with Ghilotti Bros., Inc., for construction of portions of Phase I of the Richmond Wellness Trail Project, in the amount of $700,000, for a total contract amount not to exceed $1,000,000.
*J-22. Approved purchase of five FlashCAM-880 SX
Systems with Q-Star Technology to deter vandalism and illegal dumping, using the GSA contract No. GS-07F-0355U, in an amount not to exceed $39,828.
*J-23. Adopted Resolution No. 155-21, authorizing a
contract amendment with Shaw Sports Turf to perform drainage improvements at Martin Luther King, Jr. Field, for an amount not to exceed $150,000; and appropriated $150,000 of American Rescue Plan Act (ARPA) funds.
J-24. Continued to the January 11, 2022, City Council
meeting, the matter to approve contract amendment no. 1 with Downey Brand law firm in the amount of $255,000, for an additional two years, ending December 31, 2024, for the legal 17181335054,,,cc21Dec2021 - DRAFT
ud/prc
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 City Council approval.
*J-25. Adopted Resolution No. 156-21, to amend the
current Position Control List for Public Works Department, Water Resource Recovery Division to add one (1) additional
Environmental Compliance Inspector position.
*J-26. Approved a proclamation honoring the life and
service of Pastor Kellis B. Love, Sr.
*J-27. Approved an appointment to the Richmond Youth
Council: Gabrielle Stevenson, new appointment, seat #5, term expiration date October 1, 2022.
J-28. Continued to the January 11, 2022, City Council
meeting, the matter to 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.
*J-29. Received a written report on current initiatives and next steps in the development of the "I Heart Richmond" campaign to support clean-up efforts related to the built environment and environmental quality.
RESOLUTIONS
K-1. The matter to adopt a resolution approving the
temporary appointment of CalPERS retired annuitant Bruce Soublet, in an amount not to exceed $94,916 was presented by Interim Deputy City Manager, Anil Comelo. A motion by
Councilmember Martinez, seconded by Councilmember Willis, adopted Resolution 157-21, by the following vote: Ayes:
Councilmembers Bates, Jimenez, Martinez, McLaughlin, Willis, and Vice Mayor Johnson III. Noes: Mayor Butt. Absent: None.
Abstain: None.
K-2. The matter to adopt a resolution to accept and
appropriate a $750,000 Priority Development Area (PDA) grant from the Metropolitan Transportation Commission (MTC); and approve a contract amendment no. 1 with Environmental Science Associates (ESA) in the amount of $850,000, not to exceed a total amount of $1,450,000, through December 31, 2023, to assist the City in preparing the Hilltop Specific Plan - Community Development Department was presented by Planning Director, Lina Velasco that highlighted the following: Mall Redevelopment Opportunity; Planning Process; Funding Opportunities; and Project Team. Discussion ensued. A motion by Councilmember
McLaughlin, seconded by Councilmember Willis, adopted
Resolution 158-21, by the following vote: Ayes: Councilmembers 17181335054,,,cc21Dec2021 - DRAFT
ud/prc
Bates, Jimenez, Martinez, McLaughlin, Willis, and Mayor Butt.
Noes: None. Absent: Vice Mayor Johnson III. Abstain: None.
K-3. The matter to adopt an ordinance allowing landlords with four or less residential units to credit their paid Rent Board fees against their gross receipts tax obligation was presented by Interim Deputy City Manager Anil Comelo. Discussion ensued.
Lisa Cody gave comments via teleconference. A motion by Councilmember McLaughlin, seconded by Councilmember Willis, adopted Resolution No. 159-21, by the following vote: Ayes:
Councilmembers Jimenez, Martinez, McLaughlin, Willis, Vice Mayor Johnson III, and Mayor Butt. Noes: Councilmember Bates.
Absent: None. Abstain: None.
K-4. The matter to adopt a resolution in support of an independent Community Advisory Committee (CAC) of housed and unhoused residents, along with community leaders; and approve and appropriate $50,000 of flex funds for repair, preparation for transfer or removal, registration, storage and towing for Recreational Vehicles and vehicles, and for temporary storage of personal belongings, to assist in relocation at Rydin and Castro was presented by Councilmembers McLaughlin and
Martinez. Discussion ensued. Interim City Manager, Shasa Curl, suggested that R3S act as fiscal sponsor and assist with the allocation of funds. Staff would proceed with the initial direction and return to a city council meeting in January to present a report on the process of the distribution of funds. The following individuals gave comments via teleconference: Terry Dunn, Jessi Turan, Lea Murray, Brenda Hector, Maeve Bergman, Linda, Deborah, Ramon Quintana, Naomi Williams, Darin Lounds,
Payton Silket, and Amanda Jenkins. Further discussion ensued. A motion was made by Councilmember Jimenez, seconded by
Councilmember McLaughlin to allow time for a study and
homeless road map plan and that the committee that was created at the last city council meeting included the unhoused residents in the discussions as part of the decision-making body. Councilmember McLaughlin made a friendly amendment to include the $50,000 for vehicle needs. The friendly amendment was accepted.
Councilmember Martinez made a friendly amendment that an audit of HCEB was performed by city staff. The friendly amendment was accepted. Councilmember McLaughlin made another friendly amendment that the mayor’s new ad-hoc committee work with city staff and the city attorney’s office to clarify the roles of the two different ad-hoc committees. The friendly amendment was accepted. The motion passed by the following vote: Ayes:
Councilmembers Jimenez, Martinez, McLaughlin, and Willis.
Noes: Councilmember Bates and Mayor Butt. Absent: Vice Mayor Johnson III. Abstain: None.
ORDINANCES
L-1. The matter to consider and introduce, if desired, an ordinance (first reading) amending RMC Chapter 12.30 ("Video Service Provider, Utility and Special District Encroachments") by incorporating Chapter 12.29 ("Street Opening and Pavement Restoration Regulations"); adding provisions to address private landowner encroachments into the unimproved public ROW; retitling Chapter 12.30 as "Encroachments," and rescinding Chapter 12.29 in its entirety was presented by Public Works Director, Joe Leach. The item was continued to a future city council meeting in January 2022 to allow for additional public engagement and participation.
17181335054,,,cc21Dec2021 - DRAFT
ud/prc
(10:56 p.m. - A motion made by Councilmember
Mclaughlin, seconded by Councilmember Jimenez, extended the meeting to only discuss Item M-1, passed by the following vote:
Ayes: Councilmembers Jimenez, McLaughlin, Willis, and Mayor Butt. Noes: Councilmembers Bates and Martinez. Absent: Vice Mayor Abstain: None).
COUNCIL AS A WHOLE
M-1. The matter to approve a legal services agreement
with Aleshire and Wynder for Interim City Attorney Services for six months and 10 days, with an agreement term beginning December 22, 2021, and ending June 30, 2021, for a total amount not to exceed of $380,000; (2) approve a $212,000 appropriation from the General Fund; and (3) appoint Dave Aleshire as Interim City Attorney effective December 23, 2021wss presented by Attorney Heather McLaughlin. A motion by Councilmember Willis, seconded by Vice Mayor Johnson III, approved the agreement by the following vote: Ayes: Councilmembers Jimenez, McLaughlin, Willis, and Mayor Butt. Noes: Councilmembers Bates and Martinez. Absent: Vice Mayor Abstain: None.
M-2. Continued to the January 11, 2022, City Council
meeting, the matter to receive an update from the Richmond Chevron Refinery on the February 9, 2021, oil spill at the Chevron Long Wharf.
M-3. Continued to the January 11, 2022, City Council
meeting, the matter to receive a presentation and report on the City of Richmond's 2021 Community Survey results; and provide direction to staff as appropriate.
REPORTS OF OFFICERS: REFERRALS TO STAFF, AND
GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
None.
ADJOURNMENT
There being no further business, the meeting adjourned at 11:04 p.m., to meet again on Tuesday, January 11, 2022, at 6:30 p.m.
Clerk of the City of Richmond
(SEAL)
Approved:
Mayor