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RICHMOND, CALIFORNIA, March 15, 2022
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
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, Demnlus Johnson III, Gayle McLaughlin, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: Councilmembers Nathaniel Bates and Melvin Willis arrived after the roll was called.
C. CLOSED SESSION
C.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
Title: City Clerk
C.2 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
City of Richmond v. Thomas K. Butt
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) Three Cases
In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching to this agenda four communications regarding the amended judgment and various agreements related to Point Molate. These letters provide the existing facts and circumstances for going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2) and (e)(3).
D. PUBLIC COMMENT BEFORE CLOSED SESSION
There were no public speakers via teleconference.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 5:03 p.m. Closed Session adjourned at 6:22 p.m.
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F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The Special Meeting of the Richmond Housing Authority Board of Commissioners was called to order at 6:32 p.m. by Chair Thomas K. Butt via teleconference.
G. ROLL CALL
Present: Commissioners Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Chair Eduardo Martinez, and Chair Thomas K. Butt.
Absent: Housing Authority Tenant Commissioner Jaycine Scott 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. REPORT FROM THE EXECUTIVE DIRECTOR
Richmond Housing Authority (RHA) Executive Director Nannette Beacham presented a PowerPoint that highlighted the following: RHA human resources updates; Nevin Plaza; Hacienda development; Nystrom Village; and the RHA and Easter Hill housing corporations quarterly meetings.
K. AGENDA REVIEW
Item M.1 was removed from the Consent Calendar for discussion at the end of the agenda.
L. HOUSING AUTHORITY OPEN FORUM
Lisa Fulton gave comments via teleconference regarding animal rescue services, spaying, and neutering cats. Ms. Fulton urged the council to review the Contra Costa County (CCC) Animal Services draft agreement for inadequacies to address the needs of Richmond concerning excessive stray cats. Ms. Fulton requested the council considered that CCC Animal Services reinstated some of its reduced or eliminated programs.
M. HOUSING AUTHORITY CONSENT CALENDAR
A motion made by Commissioner Bates, seconded by Vice Chair Martinez, to approve all items on the Housing Authority Consent Calendar except Item M.1 passed by the unanimous vote of the Housing Authority Board of Commissioners.
M.1 Continued use of teleconference technology for meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
City Clerk Pamela Christian introduced the matter. The following individuals gave comments via teleconference: Leisa Johnson, Mark Wassberg, Don Gosney, and Jessi Taran.
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A motion made by Commissioner Bates, seconded by Commissioner Johnson III, to adopt said resolution passed by the unanimous vote of the Housing Authority Board of Commissioners.
Adopted Resolution No. 2155
M.2 Contract with Automatic Door Systems, Inc.
ADOPT a resolution approving a contract with Automatic Door Systems, Inc. to complete the Nevin Plaza front door repair project, for an amount not to exceed $24,591 including a ten (10) percent contingency ($2,229) – Richmond Housing Authority (Nannette Beacham 510-621-1300).
Adopted Resolution No. 2156
M.3 Emergency Contract with JT Plumbing
ADOPT a resolution approving an emergency contract with JT Plumbing to complete plumbing repairs at Nevin Plaza for an amount not to exceed $11,485 – Richmond Housing Authority (Nannette Beacham 510-621-1300).
Adopted Resolution No. 2157
M.4 Contract Amendment with CD & Power DBA Got Power
ADOPT a resolution approving an emergency contract amendment with CD & Power DBA Got Power to continue to provide load testing, and emergency or urgent repairs to generators at Nevin Plaza in the amount of $8,457.66, for a not to exceed total contract amount of $11,457.66, and extending the term to June 30, 2022 – Richmond Housing Authority (Nannette Beacham 510-621-1300).
Adopted Resolution No. 2158
M.5 Housing Authority Minutes
APPROVE the minutes of the January 25, 2022, special Richmond Housing Authority meeting - City Clerk's Office (Pamela Christian 510-620-6513).
N. ADJOURNMENT
There being no further business, the meeting adjourned at 6:56 p.m.
O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:56 p.m. by Mayor Thomas K. Butt via teleconference.
P. ROLL CALL
Present: Councilmembers Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: None.
Q. STATEMENT OF CONFLICT OF INTEREST
None.
R. AGENDA REVIEW
Item U was withdrawn from the agenda because there were no updates. Item W.4.a was continued to the April 5, 2022, City Council meeting.
Motion by Councilmember McLaughlin
Seconded by Councilmember Jimenez
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To table Item X.2 to a special City Council meeting scheduled for Friday, March 18, 2022, at 3:00 p.m. Mayor Butt ruled the motion out of order.
Ayes (4): Councilmember Jimenez, Councilmember McLaughlin, Councilmember Willis, Vice Mayor Martinez
Noes (3): Councilmember Bates, Councilmember Johnson III, and Mayor Butt Passed (4 to 3)
S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Interim City Attorney Dave Aleshire stated there were no reportable actions taken.
T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
Interim City Manager Shasa Curl announced that the City of Richmond's community budget meetings were commencing on March 16, 24, and 31, 2022. More information was available via email to [email protected] or by calling the City Manager's Office at (510) 620-6512.
U. REPORT FROM THE IMPLEMENTATION SUB-COMMITTEE FOR
REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
Withdrawn from the agenda.
V. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments via teleconference:
Mark Wassberg gave comments regarding abandoned vehicles and debris at the Rydin Road and Castro Street encampments. Mr. Wassberg gave comments against the Richmond Progressive Alliance.
Deborah Bayer gave comments in support of Item W.2.b regarding the Housing Element Annual Progress Report. Ms. Bayer advised that Contra Costa County's annual medium- income levels were two times more than Richmond's. Ms. Bayer requested a plan for more affordable housing.
Leisa Johnson expressed her gratitude to staff for closing off the public-owned lot next to the Port of Richmond cafeteria building that had been a target for illegal dumping and other activities.
W. CITY COUNCIL CONSENT CALENDAR
Motion by Vice Mayor Martinez
Seconded by Councilmember Johnson III
To approve all items on the Consent Calendar except Item W.4.a.
Ayes (7): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, Vice Mayor Martinez, and Mayor Butt
Passed (7 to 0)
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W.1 City Clerk's Office
W.1.a Continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill (Ab) 361 ADOPT a resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620- 6513).
Adopted Resolution No. 27-22
W.1.b City Council Minutes
APPROVE the minutes of the January 25 and February 1, 2022, regular City Council meetings - City Clerk's Office (Pamela Christian 510-620- 6513).
W.2 Community Development
W.2.a Contract with Action Data Systems, LLC
APPROVE a contract with Action Data Systems, LLC to design and develop a mobile and web application for a geolocated, historical walking tour of certain historical sites within the City of Richmond, for an amount not to exceed $15,000, from March 15, 2022, to December 31, 2025 – Community Development Department (Lina Velasco 510-620-6706).
W.2.b Housing Element Annual Progress Report 2021
ADOPT a resolution accepting the 2021 Annual Progress Report for the City’s Housing Element (2015-2023) – Community Development Department (Lina Velasco 510-620-6706).
Adopted Resolution No. 28-22
W.3 Finance Department
W.3.a Contract with DebtBook for Debt and Lease Management Software APPROVE the purchase of DebtBook software using the National Cooperative Purchasing Alliance (NCPA) contract, to aid the City in meeting Governmental Accounting Standard GASB 87 – Accounting for Leases, in an amount not to exceed $13,500, for a term of one year beginning March 16, 2022, through March 15, 2023, with a possible two year extension, for a total contract amount not to exceed $40,500 – Finance Department (Belinda Brown 510-620-6740/Delmy Cuellar 510- 620-6790).
W.4 Fire Department
W.4.a Resolution and Interagency Agreement to Support Hazardous Materials Program
ADOPT a resolution to accept and appropriate $360,335 in funding from the Contra Costa County Health Services Hazardous Materials Division; and APPROVE a one-year interagency agreement from July 1, 2021, to June 30, 2022, in support of the Fire Department’s Hazardous Materials Response Program – Fire Department (Chief Angel Montoya 510-307- 8041).
Continued to the April 5, 2022, City Council meeting.
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W.5 Human Resources
W.5.a Contract with Matrix Consulting Group for Emergency Services Data Analysis and Report
APPROVE a contract with Matrix Consulting Group in an amount not to exceed $124,000 to conduct an emergency services data analysis – Human Resources Department (Anil Comelo 510-620-6609).
W.5.b Resolution Amending the Salary Schedule for Neighborhood Change Agent, Resident Housing Manager, Senior Resident Housing Manager ADOPT a resolution amending the salary schedule for Neighborhood Change Agent, Resident Housing Manager, Senior Resident Housing Manager Classifications – Human Resources Department (Anil Comelo/ Sharrone Taylor 510-620-6600).
Adopted Resolution No. 29-22
W.6 Library and Community Services
W.6.a Graphic Art Services and Promotional Products for RichmondWORKS and the RichmondBUILD Academy.
APPROVE an amendment to the contract with Alliance Graphics, Inc. to provide additional graphic art services and promotional products for RichmondWORKS and the RichmondBUILD Academy. The contract term will be extended through June 30, 2023, and the contract amount will be increased by $11,000, for a total contract amount not to exceed $51,000 – Library and Community Services Department (Tamara Walker/Fred Lucero 510-621-1562)
W.7 Mayor's Office
W.7.a Appointment(s) to the Zhoushan Sister City Commission APPROVE appointment(s) to the Richmond-Zhoushan Sister City Commission; APPOINT Ed Medina, new appointment, seat #7, term expiration date December 31, 2024; Jason Tran, new appointment, seat #9, term expiration date December 31, 2024 – Office of the Mayor (Mayor Tom Butt 510-620-6503).
W.7.b Appointment(s) to the Personnel Board
APPROVE appointment(s) to the Personnel Board; APPOINT Larry Wirsig, new appointment, seat #3, Council appointed, term expiration December 31, 2027; APPOINT Vernetta Buckner, new appointment, seat #5, Council appointed, term expiration December 31, 2027 - Office of the Mayor (Mayor Tom Butt 510-620-6503).
W.7.c Appointment(s) to the Community Police Review Commission APPROVE appointment(s) to the Community Police Review
Commission; APPOINT Steven Lacy, re-appointment, seat #7, term expiration date November 1, 2024 - Office of the Mayor (Mayor Tom Butt 510-620-6503).
W.7.d Appointment(s) to Update the Design Review Board
APPROVE an appointment to the Design Review Board; APPOINT Marcus Christeson, new appointment, seat #6, term expiration date of March 17, 2024 - Office of the Mayor (Mayor Tom Butt 510-620-6503).
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W.7.e Appointment(s) to the Library Commission
APPROVE appointment(s) to update the Library Commission; APPOINT Thomas Kaun new appointment, seat #3, term expiration date July 1, 2025 - Office of the Mayor (Mayor Tom Butt 510-620-6503).
W.7.f Appointment(s) to the Urban Forest Advisory Committee APPROVE appointment(s) to the Urban Forest Advisory Committee; APPOINT Robert Stanley, new appointment, seat #4, term expiration date November 17, 2024; Stewart Winchester, new appointment, seat #8, term expiration date November 17, 2024 - Office of the Mayor (Mayor Tom Butt 510-620-6503)
W.8 Public Works
W.8.a Appropriate Revenues and Expenditures Related to Plan Review and Inspection Services for Development Project
ADOPT a resolution for authorization to appropriate $175,000 in revenues and $175,000 in expenditures related to plan review and inspection services for development projects into the Public Works Department Fiscal Year 2021-2022 budget – Public Works Department (Joe Leach 510-620-5478).
Adopted Resolution No. 30-22
W.8.b Contract Amendment for NCE Engineering On-call Professional Services APPROVE a resolution amending NCE (Richmond Engineering Consultant Company) on-call professional services contract to increase their contract funding capacity by $2,060,000, to an amount not to exceed $3,860,000 - Public Works Department (Joe Leach 510-620-5478).
Adopted Resolution No. 31-22
W.8.c Harbour-8 Park Expansion – Land Donation for Subject ADOPT a resolution authorizing the city manager or their designee to execute all required documents to facilitate the acceptance of the 6,800-sf land donation by POGO Park - Public Works Department (Joe Leach 510- 620-5478/Greg Hardesty 510-620-6920).
Adopted Resolution No. 32-22
X. NEW BUSINESS
X.1 Receive Feedback on a Fee Waiver Policy and Partnership Policy DISCUSS the City of Richmond’s draft fee waiver and partnership policies; and PROVIDE DIRECTION on the next steps prior to policy adoption - Library and Community Services Department (LaShonda White/Rajana Maharaj 510-620- 6828).
Interim Director of Library and Community Services LaShonda White introduced the matter. Ms. White and Deputy Director Community Services Recreation Ranjana Maharaj presented a PowerPoint that highlighted the following:
background and purpose; policy development and process; fee waiver discount summary; proposed fee waiver and partnership policies; and next steps.
Discussion ensued. The council recommended staff provide updates to the Recreation and Parks Commission regarding partnerships and fee waivers. The council requested all groups that hosted seasonal or long-term activities at city
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facilities be partnerships with fee waivers as one of the components. The council expressed concerns regarding the use of city facilities with a fee waiver by political parties. The following individuals gave comments via teleconference:
Don Gosney, Lorena Gonzalez, Diego Garcia, Shawn Dunning, Mark Wassberg, Norma (last name not stated), Elham (last name not stated), and Rodney Brown.
The council recommended staff consider collecting refundable deposits to allow event hosts to clean the facilities after use.
X.2 Adoption of a Resolution of Intent to Establish a Community Facilities District (CFD) for Point Molate, Adoption of Goals & Policies Statement for Community Facilities Districts, specifically for the Point Molate CFD ADOPT a resolution adopting Local Goals and Policies Relating to Community Facilities Districts; ADOPT a resolution of intention to establish the City of Richmond Community Facilities District No. 2022-1 (Point Molate), and to Designate Three Improvement Areas therein, to Authorize the Levy of a Special Tax to Pay the Cost of Acquiring or Constructing Certain Facilities, Provide Certain Services and Pay for Certain Incidental Expenses and to Pay Debt Service on Bonded Indebtedness; and ADOPT a resolution of intention to Incur Bonded Indebtedness Within the City of Richmond Community Facilities District No. 2022-1 (Point Molate), and Each of the Three Improvement Areas Therein. There is no requirement of General Fund support for these Bond measures - Public Works Department (Joe Leach 510-620-5478).
Tabled to a special City Council meeting scheduled for March 18, 2022, at 3:00 p.m.
Y. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
Councilmember McLaughlin reported that she received a request from former councilmember and Richmond Kaiser chief of cardiology, Jeff Ritterman, regarding anti- semitic hate crimes in Berkeley and the resurgence of the anti-hate campaign. Dr.
Ritterman suggested the city distribute posters stating, "Richmond Stands Against Hate".
Councilmember McLaughlin recommended the city manager include a blurb regarding this matter in the City Manager's Weekly Report. Councilmember McLaughlin also advised that posters were available to the community in the Richmond City Hall lobby.
Councilmember Bates recommended staff circulate the posters to Richmond businesses, organizations, and neighborhood councils.
Z. ADJOURNMENT
There being no further business, the meeting adjourned at 8:35 p.m., to meet again for a special meeting on Friday, March 18, 2022, at 3:00 p.m.
Clerk of the City of Richmond Mayor