cc18Mar2022 – sl/prc
RICHMOND, CALIFORNIA,
March 18, 2022, 3:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
A. SPECIAL OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED
SESSION
The Richmond City Council Special Open Session was called to order at 3:19 p.m. by Vice Mayor Eduardo Martinez via teleconference. Mayor Thomas K. Butt was experiencing technical video issues and appointed the vice mayor to chair the meeting.
B. ROLL CALL
Present: Councilmembers Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent:
Councilmember Nathaniel Bates was absent for the entire Closed Session.
C. CLOSED SESSION
C.1 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
C.2 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
The following individuals gave comments via teleconference: Doria Mueller- Beilschmidt, Pam Stello, Linda Klein, Kathleen (last name not stated), Jim Hanson, Alix Mazuet, Jeanne Kortz, Dani Zacky, Jamin Pursell, Sally Tobin, Joe Puleo, and Dan Engler.
cc18Mar2022 – sl/prc
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 3:45 p.m. Closed Session adjourned at 4:25 p.m.
F. SPECIAL MEETING OF THE RICHMOND CITY COUNCIL
The Special Meeting of the Richmond City Council was called to order at 4:27 p.m. by Vice Mayor Eduardo Martinez via teleconference. Mayor Thomas K. Butt was experiencing technical video issues and appointed the vice mayor to chair the meeting.
G. ROLL CALL
Present: Councilmembers Jimenez, McLaughlin, Willis, and Vice Mayor Martinez.
Absent: Councilmembers Bates and Johnson III were absent for the entire meeting.
Mayor Butt 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
None.
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Interim City Attorney Dave Aleshire reported there were no reportable actions taken.
L. NEW BUSINESS
L.1 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).
Interim City Attorney Dave Aleshire and Mark Northcross of NHA Advisors introduced the matter. Mr. Northcross and Mike Medve of NHA Advisors presented a PowerPoint that highlighted the following: SunCal concession on fiscal impact; revised worst-case fiscal impact analysis with SunCal concession; projected homes sales prices for Point Molate; comparisons with and without SunCal concession; and conclusion. Discussion ensued. Mr. Aleshire clarified the two options for the council's consideration. Mr. Aleshire advised that the resolution of intention to hold a public hearing to form a CFD was included in the agenda packet published before the meeting, and a resolution to decline to form a CFD was published as a supplemental document on the city's website after the agenda packet was published. The council recommended a future analysis of
cc18Mar2022 – sl/prc
existing Richmond communities to determine if the cost of providing services was afforded by the taxes received from those communities. The following individuals gave comments via teleconference: Elsa Stevens, Sally Tobin, Pam Stello, Jeff Killbreth, Dan Engler, Jim Hanson, and Deborah Bayer. Further discussion ensued.
Motion by Councilmember McLaughlin
Seconded by Councilmember Jimenez
To adopt the resolution declining to establish the City of Richmond Community Facilities District No. 2022-1 (Point Molate), as there is evidence that such district could require financial support from the city's General Fund and no guarantee from developer that it will not; there are uncertainties over the phasing of improvements and the developer's financial capacities and performance; and developer has not performed all its obligations.
Ayes (4): Councilmember Jimenez, Councilmember Willis, Councilmember McLaughlin, and Vice Mayor Martinez
Absent (3): Councilmember Bates, Councilmember Johnson III, and Mayor Butt Passed (4 to 0)
M. ADJOURNMENT
There being no further business, the meeting adjourned at 6:00 p.m., to meet again on Tuesday, March 22, 2022, at 6:30 p.m.
Clerk of the City of Richmond Mayor