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RICHMOND, CALIFORNIA,
May 17, 2022, 4:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Open Session was called to order at 4:00 p.m. by Mayor Thomas K. Butt via teleconference.
B. ROLL CALL
Present: Councilmembers Claudia Jimenez, Gayle McLaughlin, Melvin Willis, and Mayor Thomas K. Butt. Absent: Vice Mayor Eduardo Martinez was absent during roll call. Councilmember Nathaniel Bates arrived after the Council adjourned to Closed Session, Councilmember Demnlus Johnson III was absent the entire meeting.
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
One case
C.2 PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957.6)
Title: City Attorney
C.3 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.4 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
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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).
C.5 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
Agency Representatives: Jaclyn Gross and Anil Comelo
Employee organizations:
1. SEIU Local 1021 Full Time Unit and Part Time Unit
2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units
3. Richmond Police Officers Association RPOA
4. Richmond Police Management Association RPMA
5. IAFF Local 188
6. Richmond Fire Management Association RFMA
D. PUBLIC COMMENT BEFORE CLOSED SESSION
Mayor Butt stated members of the public could speak regarding Point Molate during Item V.6 on the regular agenda rather than give comments under the Closed Session public comment section. A motion by Councilmember Willis, seconded by Vice Mayor Martinez, overturned the mayor's decision and allowed speakers to give comments during the Closed Session public comment, by the following vote: Ayes: Councilmembers Jimenez, McLaughlin, Willis, and Vice Mayor Martinez. Noes: Mayor Butt. Absent:
Councilmembers Bates and Johnson III. Abstain: None.
The following individuals gave comments via teleconference regarding Item C.3 against the sale of Point Molate to Sun Cal: Jeanne Kortz, Pam Stello, Janet Johnson, Tarnel Abbott, Sally Tobin, Michelle Puckett, and Jamin Pursell.
E. ADJOURN TO CLOSED SESSION
Closed Session adjourned at 6:28 p.m.
F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The Special Meeting of the Richmond Housing Authority was called to order at 6:35 p.m. by Chair Thomas K. Butt via teleconference.
G. ROLL CALL
Present: Commissioners Claudia Jimenez, Gayle McLaughlin, Melvin Willis, Vice Chair Eduardo Martinez, Chair Thomas K. Butt, and Tenant Commissioner Jaycine Scott.
Absent: Commissioner Nathaniel Bates was absent for roll call. Commissioner Demnlus Johnson III was absent the entire meeting.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
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None.
J. AGENDA REVIEW
None.
K. HOUSING AUTHORITY CONSENT CALENDAR
Motion by: Vice Chair Eduardo Martinez
Seconded by: Commissioner Claudia Jimenez
Result: Passed
Ayes (7) Commissioners Nathaniel Bates, Claudia Jimenez, Gayle McLaughlin, Melvin Willis, Vice Chair Eduardo Martinez, Chair Thomas K. Butt, and Tenant Commissioner Jaycine Scott.
Absent (1): Commissioner Demnlus Johnson III
Passed (7 to 0)
K.1 Continued Use of Teleconferencing
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).
K.2 Housing Authority Meeting Minutes
APPROVE the minutes of the special April 19, 2022, Richmond Housing Authority meeting - City Clerk's Office (Pamela Christian 510-620-6513).
L. ADJOURNMENT
The meeting adjourned at 6:40 p.m.
M. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular meeting of the Richmond City Council was called to order by Mayor Thomas K. Butt at 6:41 p.m. via teleconference.
N. ROLL CALL
Present: Councilmembers Claudia Jimenez, Gayle McLaughlin, Melvin Willis, Vice Chair Eduardo Martinez, and Mayor Thomas K. Butt. Absent: Councilmember Nathaniel Bates arrived after roll call. Councilmember Demnlus Johnson III was absent the entire meeting.
O. STATEMENT OF CONFLICT OF INTEREST
None.
P. AGENDA REVIEW
Items X.1 and V.6 were moved up in the agenda to be heard after approval of the Consent Calendar.
Q. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
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Interim City Attorney Dave Aleshire reported that a motion was made by Councilmember Willis, seconded by Councilmember McLaughlin, passed to approve initiation of litigation regarding item C.1. - Conference with Legal Counsel.
R. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported that the Willie Mays Field event would take place on Saturday, May 21, 2022 at Nicholl Park, and the Martin Luther King Turf Field re- opening would be on Wednesday, May 18, 2022, from 5 p.m. to 7 p.m.
S. REPORT FROM THE IMPLEMENTATION SUB-COMMITTEE FOR
REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
CONTINUED to the June 21, 2022, City Council Meeting.
T. OPEN FORUM FOR PUBLIC COMMENT
Mark Wassberg stated he was offered lunch by the city manager to not attend City Council meetings.
Pam Stello and Deborah Bayer stated some e-mails were blocked by the city's e-mail system when being submitted for public comments.
Leisa Johnson gave comments regarding Measure U.
U. CITY COUNCIL CONSENT CALENDAR
Motion by Vice Mayor Eduardo Martinez
Seconded by Councilmember Gayle McLaughlin
Ayes (6): Councilmember Nat Bates, Councilmember Claudia Jimenez, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt
Absent (1): Councilmember Demnlus Johnson III
Passed (6 to 0)
U.1 City Attorney's Office
U.1.a Approval of Six Legal Services Agreement Amendments and One New Legal Services Agreement
APPROVE six amendments to legal service agreements and one legal services agreement with the law firms of (1) Allen, Glaessner, Hazelwood & Werth LLP; (2) Best, Best & Krieger; (3) Colantuono, Highsmith & Whatley, PC; (4) Edrington, Shirmer & Murphy (5) Manning & Kass, Ellrod, Ramirez Trester LLP, (6) McNamara Ney, and (7) Orbach Huff Suarez & Henderson LLP for a total amount of $760,000, and REQUEST a budget appropriation from the General Fund in the amount of $125,000 to the City Attorney’s Office – City Attorney’s Office (Heather McLaughlin 510-620-6509).
U.1.b Amendment to the Interim City Attorney Agreement with Aleshire & Wynder
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APPROVE amendment to the Interim City Attorney Agreement with Aleshire & Wynder and APPROPRIATE $376,000 from the General Fund – City Attorney’s Office (Heather McLaughlin 510-620-6509).
U.2 City Clerk's Office
U.2.a NetFile, Inc. Third Contract Amendment for Electronic Filing Services APPROVE a third contract amendment with NetFile, Inc. to provide professional services for electronic filing and administration of Fair Political Practice Commission campaign statements (Form 460, etc.) and Statements of Economic Interest (Form 700), extending the term by five years to June 30, 2027, and increasing the contract amount by $65,000 effective July 1, 2022, for a total contract amount not to exceed $138,750 – City Clerk’s Office (Pamela Christian 510-620-6513).
U.2.b Continued Use of Teleconferencing
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. 63-22.
U.2.c City Council Meeting Minutes
APPROVE the minutes of the regular April 19, 2022, Richmond City Council meeting - City Clerk's Office (Pamela Christian 510-620-6513).
U.3 City Council
U.3.a Commemorative Kiosk of Willie Mays
APPROVE the renaming of Baseball Field 1 to the Willie Mays Baseball Field 1; and APPROVE the installation of a freestanding kiosk honoring Willie Mays at Nicholl Park – Councilmember Nathaniel Bates (510-620- 6743).
U.3.b Jewish American Heritage Month Recognition
PROCLAMATION recognizing the month of May as Jewish American Heritage Month - Vice Mayor Eduardo Martinez (510-620-6593) and Mayor Tom Butt (510-620-6503).
U.4 City Manager's Office
U.4.a Resolution of Intention to Renew the Downtown Richmond Property and Business Improvement District
ADOPT a resolution of intention confirming the City Council's intention to renew the Downtown Richmond Property and Business Improvement District – City Manager's Office (Shasa Curl/Thomas Omolo 510-620- 6512).
Adopted Resolution No. 64-22.
U.5 Finance Department
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U.5.a Tax Rate for Tax Override Pension Fund
INTRODUCE an Ordinance (first reading) setting the tax rate for the Tax Override Pension Fund for Fiscal Year 2022-2023 at 0.14 percent – Finance Department (Delmy Cuellar/ Antonio Banuelos 510-620-6741).
U.5.b Approval of New Fees for the Revised Master Fee Schedule ADOPT an ordinance (second reading) establishing certain fees for the proposed Master Fee Schedule and after the second reading of the ordinance, ADOPT a resolution setting the dollar amount for the new fees and adjusting the dollar amount for current fees – Finance Department (Delmy Cuellar/Antonio Banuelos 510-620- 6741).
Adopted Ordinance No. 07-22 N.S.
U.5.c Contract with Van Iwaarden Associates for Actuarial Services APPROVE the second amendment to the contract with Van Iwaarden Associates for actuarial services necessary for retiree healthcare plan and pension fund management, increasing the contract amount by $64,500, for a total amount not to exceed $98,500, and extending the contract term through June 30, 2023 – Finance Department (Delmy Cuellar 510-620- 6740).
U.5.d Sole Source Contract with Bartel Associates, LLC to Prepare an Actuarial Report Necessary to Refinance the 2005 Series B Pension Obligation Bonds ("2005 POBs")
APPROVE a Sole Source contract with Bartel Associates, LLC., in a not to exceed amount of $30,000, to prepare specialized actuarial analysis necessary to issue bonds and refinance the 2005 Pension Obligation Bonds, for a one-year term through May 16, 2023 – Finance Department (Anil Comelo/Delmy Cuellar 510-620-6790).
U.6 Human Resources
U.6.a Amendments to the City’s Position Control List
ADOPT a resolution to amend the current position control to add Deputy City Clerk; and APPROVE the reallocation of City Clerk Technician to Deputy City Clerk and appropriation of funds for associated wages, salaries, and associated compensation for this position – Human Resources Department (Anil Comelo/Sharrone Taylor 510-620-6602).
Adopted Ordinance No. 65-22 N.S.
U.6.b Approve Legal Services Agreements with Three Firms to Perform Confidential Personnel Investigations
APPROVE a first amendment to the legal services agreement with Kramer Workplace Investigations and a second amendment to the legal services agreement with Ellis Investigations and an initial legal services agreement with Boucher Labor and Employment Law. Terms of these agreements are until June 30, 2024, for an amount not to exceed $50,000 per agreement, to conduct confidential personnel investigations for the Human Resources Department – Human Resources Department (Anil Comelo/Sharrone
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Taylor 510-620-6600). This item was continued from the May 3, 2022, meeting.
U.7 Information Technology
U.7.a Pole License Agreement for Small Cell Sites on City Infrastructure ADOPT a resolution approving a Pole License Agreement with New Cingular Wireless PCS, LLC, that establishes the procedures, terms, and conditions under which New Cingular Wireless is permitted to deploy “small cell” facilities on City-owned streetlights, traffic signals, and other vertical infrastructure, for a term of ten years – Information Technology Department (Sue Hartman 510-620-6874). This item was continued from the May 3, 2022, meeting.
Adopted Resolution No. 66-22.
U.8 Mayor's Office
U.8.a Public Works Week – May 15-21, 2022
PROCLAMATION declaring May 15-21, 2022, as Public Works Week in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
U.9 Police Department
U.9.a Proposed Three-Year, $60,000 Contract with STAND! for Families Free of Violence to Provide Lethality Assessment Protocol (LAP) Screening Services
APPROVE a three-year, $60,000 contract with STAND! For Families Free of Violence, to provide Lethality Assessment Protocol (LAP) Screening services, for the period January 1, 2021, through December 31, 2023 – Police Department (Louie Tirona 510-621-1802).
U.10 Public Works
U.10.a Shimada Park Restrooms Roof Reconstruction
APPROVE a contract with DMR Builders for the Shimada Park Restrooms roof reconstruction at Shimada Park Richmond Marina, in an amount not to exceed $225,000 – Public Works Department (Joe Leach 510-620-5478).
V. NEW BUSINESS
V.1 Update on the Contra Costa County Animal and Sheltering Services RECEIVE a report from the Animal Rights Coalition on the animal and sheltering services by the Contra Costa County Animal Services Department – Councilmember Nathaniel Bates (510-620-6743). This item was continued from the April 26, 2022, meeting.
Councilmember Bates gave an overview. Laureen Lober from the Animal Rights Coalition, presented a Powerpoint, which highlighted the following: Animal Services in Antioch and Martinez; Reduction of Services; Contra Costa Animal Services Per Capita Fees; Grand Jury Report; Wildlife Services; City-County
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Animal Services Agreement; Measure X; Department Allocated Positions 2018- 2019; Contra Costa Animal Services Budget 2018-2022; 2021-2022 Animal Services Budget Funding Source and Recovery Plan; and FY 2022-23 Personnel and Service Improvements. Discussion ensued. Steve Burdo from Contra Costa Animal Services was present. Mark Wassberg, Naomi Williams, Mel Lober, and Emily Ross gave comments via teleconference. Councilmembers requested a report on what services were currently being given by animal services and what services would be eliminated with the new agreement. This matter would return to the May 24, 2022, City Council meeting for further discussion.
V.2 Process to clean up the City
RECEIVE a report and provide direction to staff for a process and procedure to clean up and maintain the cleanliness of the city - Councilmember Nathaniel Bates (510-620-6743). This item was continued from the April 26, 2022, meeting.
Councilmember Bates gave an overview. Public Works Director Joe Leach presented a PowerPoint that highlighted the following: Community Concerns; Staffing Levels; Abatement and Park Maintenance; Beautification in Action 2022; 2022 Accomplishments & Collaborations; Grants; and Staffing Expansion.
Discussion ensued. Leisa Johnson, Anna Ortiz, and Mark Wassberg gave comments via teleconference.
(At 11:00 p.m. - A motion made by Councilmember Melvin Willis, seconded by Councilmember Gayle McLaughlin, extended the meeting until the end of Item V.2, by the following vote: Ayes: Councilmembers Nat Bates, Claudia Jimenez, Gayle McLaughlin, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Noes: None. Absent: Councilmember Demnlus Johnson III.
Abstain: None).
Motion by Councilmember Melvin Willis
Seconded by Councilmember Gayle McLaughlin
Directed the city manager to return with a comprehensive plan to eradicate blight and sideshow activities; installation of solar flash cams, address vehicles with expired tags parked on the street; restore street sweeping with inclusion of fines, draft ordinances for fines for illegal fireworks and sideshows; and the possibility of turning the Richmond Parkway maintenance over to the State.
Ayes (6): Councilmember Nat Bates, Councilmember Claudia Jimenez, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt
Absent (1): Councilmember Demnlus Johnson III
Passed (6 to 0)
V.3 Private Landowner Encroachments
RECEIVE a report from the City Attorney regarding the legality of staff awarding and transferring city property without approval from the City Council - Councilmember Nathaniel Bates (510-620-6743).
Continued to the May 24, 2022, meeting.
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V.4 The Segal Group Inc., Classification and Compensation Study DIRECT the city manager to release the Class and Compensation Study to the City Council – Mayor’s Office (Mayor Tom Butt 510-620-6503).
Continued to the May 24, 2022, meeting.
V.5 Reintroduce an Ordinance (First Reading) to Revise and Amend Richmond Municipal Code Chapter 12.30
REINTRODUCE 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 that address private landowner encroachments into the public Right-of-Way (ROW); easements; and street vacations; retitling Chapter 12.30 “Encroachments and Easements,” and rescinding Chapter 12.29 in its entirety - City Attorney’s Office/Public Works Department (Dave Aleshire 510-620-6509/Joe Leach 510-620-3008).
Continued to the May 24, 2022, meeting.
V.6 Point Molate DDA Closing Issues with Winehaven Legacy, LLC.
REVIEW the latest submittals from SunCal and provide direction – City Attorney’s Office (Dave Aleshire 510-620-6509).
City Attorney Dave Aleshire, Mark Northcross, and Anne Lanphar gave an overview. Discussion ensued. Questions arose regarding the lack of response from SunCal regarding various financial questions and information requested by the city that was not received. The conditions of closing were not met. The following individuals gave comments via teleconference: Mark Wassberg, Tarnel Abbot, Jeanne Kortz, JIm Hanson, Joe Puleo, Sally Tobin, Paul Carman, Tiffany Harris, James Lee, Linda Klein, Leisa Johnson, Pam Stello, Don Gosney, Deborah Bayer, Antwon Cloird, Jamin Pursell, and Katrinka Ruk.
Motion by Councilmember Gayle McLaughlin
Seconded by Councilmember Claudia Jimenez
To direct the city attorney to prepare a resolution for the May 24, 2022, City Council meeting that detail the reasons the city cannot move forward with the project.
Ayes (4): Councilmember Claudia Jimenez, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, and Vice Mayor Eduardo Martinez Noes (2): Councilmember Nat Bates, and Mayor Thomas K. Butt Absent (1): Councilmember Demnlus Johnson III
Passed (4 to 2)
W. PUBLIC HEARINGS
W.1 Quarry Residential Project Redesign
HOLD a public hearing; and ADOPT a Resolution certifying the Addendum to the Quarry Residential Project Environmental Impact Report (EIR) and adopting a
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Mitigation Monitoring and Reporting Program (MMRP) and approving a Major Amendment to a previously approved Planned Area Plan; a Density Bonus for the purpose of requesting waivers of certain development standards; a Vesting Tentative Map; and Design Review for the Quarry Residential Project Redesign, subject to conditions of approval – Community Development Department (Lina Velasco/Roberta Feliciano 510-620-6662).
Continued to the May 24, 2022, meeting.
X. BUDGET SESSION
X.1 Budget Presentation
RECEIVE budget presentations from the City Manager and the Community Development and Community Services Departments – City Manager’s Office/Finance Department (Shasa Curl 620-6512/ Delmy Cuellar 510-620-6790/ Mubeen Qader 510-412-2077).
The budget presentations by the Community Development and Community Services Department were continued to May 24, 2022, meeting.
City Manager Shasa Curl introduced the matter regarding Cost Pool Allocations.
Nicole Kissam from NBS prevented a PowerPoint which highlighted the following: What is a (Cost Allocation Plan)CAP?; Why does a city have a CAP; Full Cap Title 2 CAFR; Project Approach; FY 19/20 Title 2 CFR CAP; Allocation of Purchasing; and Cost Allocation Outcomes. Discussion ensued.
Staff was directed to follow-up with responses to questions made by councilmembers. Leisa Johnson and Cesar Zepeda gave comments via teleconference.
Y. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
None.
Z. ADJOURNMENT
There being no further business, the meeting adjourned at 11:29 p.m., in memory of Bill Combs, Etta Spearman, Vera Barnes, and the 10 individuals who were murdered in the recent Buffalo shootings, to meet again on May 24, 2022.
Clerk of the City of Richmond Mayor