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RICHMOND, CALIFORNIA,
May 24, 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 4:03 p.m. by Mayor Thomas K. Butt via teleconference.
B. ROLL CALL
Present: Councilmembers Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, and Mayor Thomas K. Butt. Absent: Vice Mayor Eduardo Martinez arrived after the roll was called.
C. CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9)
221B, 225, 229 & 235 Tunnel Avenue
12200 San Pablo Avenue
C.2 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
C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond)Agency negotiator: Alan Wolken
Negotiating parties: Richmond Grown Under negotiation: Price and terms of payment
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C.4 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.5 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 (public comment on Closed Session items only)
The following individuals gave comments via teleconference:
Benjamin Theriault stated that the contract with the Richmond Police Officers Association needed to be negotiated as soon as possible.
John Varga, Gregory Everetts, and Henry Powell urged the Councilmembers to make Juneteenth a city holiday.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:12 p.m. Closed Session adjourned at 5:58 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:34 p.m. by Mayor Thomas K. Butt via teleconference.
G. 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 arrived after the roll was called.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
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I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
Items Q.1. and Q-2. were moved up for discussion before Open Forum. Item Q.7. was moved up for discussion after approval of the Consent Calendar and budget items R.3., R.2., and R.1. were rearranged respectively for discussion.
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Interim City Attorney Dave Aleshire reported that a motion made by Councilmember Willis, seconded by Vice Mayor Martinez, gave direction to negotiators on Item C.2., and passed by the following vote: Ayes: Councilmembers Claudia Jimenez, Gayle McLaughlin, Melvin Willis, and Vice Mayor Eduardo Martinez. Noes: Councilmember Nathaniel Bates and Mayor Thomas K. Butt. Absent: None. Abstain: Councilmember Demnlus Johnson III.
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager, Shasa Curls, thanked the Santa Fe and Point Richmond Neighborhood Councils for participating in the neighborhood clean-up events.
Ms. Curl also reported that Willie Mays Day at Nicholl Park was a success and well attended.
M. CRIME REPORT FROM POLICE CHIEF - 4th Tuesday (public comment allowed under Open Forum)
Interim Police Chief, Lourie Tirona reported the following activity from April 26, 2022 through May 23, 2022: violent crime reduced by 29%; 2 homicides; assaults, robberies, violent crime, and property crimes decreased; residential and vehicle burglaries increased; and shots fired calls increased.
N. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments via teleconference:
Don Gosney stated that, unlike Richmond, surrounding cities have nice shops, restaurants, and businesses.
Anna Ortiz thanked Officer Woody and the Richmond Police Department for assistance for harassments she and her family had experienced.
Councilmember Johnson III announced that on June 4, 2022, there would be a march against gun violence on the Golden Gate Bridge.
Councilmember Bates thanked everyone who organized and participated in the Willie Mays Day event. Councilmember Bates also stated that the funeral for Mr. Redick would be on Thursday, May 26, 2022, at 1 p.m. at Fuller Funeral Home.
O. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Demnlus Johnson III
Seconded by Councilmember Melvin Willis
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Ayes (7): Councilmember Nathaniel Bates, Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K.
Butt
Passed (7 to 0)
O.1 City Council
O.1.a Resolution Declaring a Climate Emergency and Opposing the Expansion of Fossil Fuels
ADOPT a resolution reaffirming a climate emergency, committing to policies opposing fossil fuel expansion and accelerating the clean energy transition as part of the safe cities movement, and endorsing the call for a global fossil fuel non-proliferation treaty – Vice Mayor Eduardo Martinez (510-620-6593).
Adopted Resolution No. 67-22.
O.1.b Resolution Declaring the First Friday in June as Gun Violence Awareness Day
ADOPT a resolution declaring the first Friday in the month of June as Gun Violence Awareness Day in the City of Richmond – Councilmember Demnlus Johnson III (510-620-6568).
Adopted Resolution No. 68-22.
O.2 Human Resources
O.2.a Proposed Employment Severance Package Agreement with Belinda Brown, Director of Finance
APPROVE proposed severance package agreement with Belinda Brown, Director of Finance – Human Resources Department/City Attorney’s Office (Anil Comelo 510-620-6602/Dave Aleshire 510-620-6509).
O.3 Mayor's Office
O.3.a Vacant Seats on Richmond Boards, Commissions and Committees ANNOUNCE recent resignations from City of Richmond boards, commissions, and committees, and vacancies as of May 18, 2022, and ask that interested individuals send applications to the City Clerk – Mayor’s Office (Mayor Tom Butt 510-620-6503).
P. PUBLIC HEARINGS
P.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 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
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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). This item was continued from the May 17, 2022, meeting.
City Clerk Pamela Christian announced that it was time, pursuant to public notice, to hold a public hearing. Senior Planner Roberta Feliciano presented a PowerPoint, which highlighted the following: Planned Area; Density Bonus; Housing Accountability Act; Seacliff Drive Safety Improvements; and EIR Addendum. Discussion ensued. Mayor Butt declared the public hearing open.
John Dalrymple, Leisa Johnson, and Terry Manley gave comments via teleconference. Further discussion ensued. Mayor Butt closed the public hearing. (At 11:28 a motion by Councilmember Willis, seconded by Councilmember McLaughlin, suspended the rules and extended the meeting until the end of Item P.1., by the following vote: Ayes: Councilmembers Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, and Vice Mayor Eduardo Martinez. Noes: Mayor Thomas K. Butt. Absent: Councilmember Nathaniel Bates. Abstain: None).
Motion by Councilmember Melvin Willis
Seconded by Councilmember Demnlus Johnson III
Adopted Resolution No. 69-22.
Ayes (4): Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, and Councilmember Melvin Willis Noes (2): Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt Absent (1): Councilmember Nathaniel Bates
Passed (4 to 2)
Q. STUDY AND ACTION SESSION
Q.1 Recognition of National Poetry Month
RECEIVE poetry reading from Poet Laureates David Flores and Adriana Avalos in honor of National Poetry Month – Councilmember Melvin Willis (510-412- 2050). This item was continued from the April 26, 2022, meeting.
Councilmember Willis presented the item. Poet Laureate David Flores read his poem.
Q.2 PROCLAMATION Honoring the Children’s Book Loujain Dreams of Sunflowers and its Co-Author Richmond Resident Uma Mishra-Newbery PROCLAMATION Honoring the Children’s Book Loujain Dreams of Sunflowers and its Co-Author Richmond Resident Uma Mishra-Newbery and Proclaiming it a City-Wide Reading Book - Councilmember Gayle McLaughlin (510-620-6636).
Councilmember McLaughlin presented the item. Uma Mishra-Newbery received the proclamation. Naomi Williams gave comments via teleconference.
Q.3 Improve Staff Morale
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RECEIVE a presentation on ideas to maximize communication, raise employee morale, and to acknowledge the dedication of staff; and provide direction to staff.
Councilmember Melvin Willis (510-412-2050) and Councilmember Claudia Jiménez (510) 620-6565. This item was continued from the March 22, 2022, and April 26, 2022, meetings.
Continued to the June 21, 2022, meeting.
Q.4 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). This item was continued from the May 17, 2022, meeting.
Continued to the June 7, 2022, meeting.
Q.5 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). This item was continued from the May 17, 2022, meeting.
Continued to the June 7, 2022, meeting.
Q.6 Contra Costa County Increasing Per Capita Cost for Animal Services in County Cities
RECEIVE a presentation from the Contra Costa County Animal Control Department on the proposed new agreement and increase in fees for service – Councilmember Nathaniel Bates (510-620-6743).
Continued to the June 7, 2022, meeting.
Q.7 A3 Miles Hall Crisis Hub Program
RECEIVE a report from the Contra Costa Health Services on the A3 Miles Hall Crisis Hub Program (A3) and Measure X – Councilmember Claudia Jimenez (510-620-6565) and Councilmember Melvin Willis (510-412-2050).
Continued to the June 7, 2022, meeting.
Q.8 Point Molate DDA closing issues - Resolution finding closing conditions not satisfied
ADOPT a resolution determining that closing conditions have not been satisfied and the sale of property to Winehaven Legacy LLC should not close, and giving notice to Winehaven Legacy LLC and Upstream/Tribe – City Attorney’s Office (Dave Aleshire 510-620-6509).
Interim City Attorney, Dave Aleshire gave an overview. Discussion ensued. The following individuals gave comments via teleconference: John Dalrymple, Leisa Johnson, Sally Tobin, Pam Stello, Jamin Pursell, and Shawn Dunning. Further discussion ensued.
Mr. Aleshire stated an addition to the resolution regarding Winehaven's nonperformance with the project as follows: Whereas, after the agenda closing
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Winehaven made additional submittals showing its equity partner had significant funding but not meeting the $130M required and not committing to the project and discussed an escrow with a possible $45M deposit, but did not make that deposit and thus fell short of meeting the critical conditions.
Motion by Councilmember Gayle McLaughlin
Seconded by Vice Mayor Eduardo Martinez
Motion to end debate.
Ayes (3): Councilmember Claudia Jimenez, Councilmember Gayle McLaughlin, and Vice Mayor Eduardo Martinez
Noes (4): Councilmember Nathaniel Bates, Councilmember Demnlus Johnson III, Councilmember Melvin Willis, and Mayor Thomas K. Butt
Failed (3 to 4)
Amendment:
Motion by Councilmember Gayle McLaughlin
Seconded by Councilmember Melvin Willis
Adopted Resolution No. 70-22.
Ayes (5): Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, and Vice Mayor Eduardo Martinez
Noes (2): Councilmember Nathaniel Bates, and Mayor Thomas K. Butt Passed (5 to 2)
Q.9 Presentation of Draft Local Roadway Safety Plan
RECEIVE presentation of draft Local Roadway Safety Plan; and PROVIDE feedback – Public Works Department (Joe Leach/Patrick Phelan 510-307-8111).
Continued to the June 7, 2022, meeting.
Q.10 Street Sweeping
DIRECT the city manager to incorporate into the 2022-23 budget funding to provide: new street sweeping signage in neighborhoods that have not previously been signed; repairs/replace existing deteriorated signage in neighborhoods that have previously been signed; sufficient staff and equipment to perform scheduled street sweeping operations in all neighborhoods; sufficient enforcement staff to issue citations for vehicles not moved on designated street sweeping days and times. AUTHORIZE vehicle towing operations in areas where citations have not provided sufficient motivation for residents to move vehicles – Mayor’s Office (Mayor Tom Butt 510-620-6503).
Continued to the June 7, 2022, meeting.
R. BUDGET SESSION
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R.1 Receive Update on the Refinancing of the Pension Obligation Bonds (POBs) RECEIVE update on the refinancing of the 2005 POBs – Finance Department (Anil Comelo/Delmy Cuellar 510-620-6600).
Continued to the June 7, 2022, meeting.
R.2 Budget Presentation
RECEIVE budget presentations from the city manager and the Police and Fire Departments – City Manager’s Office/Finance Department (Shasa Curl 510-620- 6512/ Delmy Cuellar 510-620-6790/ Mubeen Qader 510-412-2077).
The City Council received additional budget presentations from Employment & Training, Library and LEAP, Office of Neighborhood Safety, Recreation, Transportation, American Rescue Plan (ARPA), and Reimagining Public Safety Task Force. Discussion ensued. Leisa Johnson and Deborah Smalls gave comments via teleconference.
(At 11:03 p.m. a motion by Councilmember Johnson III, seconded by Councilmember McLaughlin, to complete Item R.2, followed by Q.8 and P.1., was approved by the following vote: Ayes: Councilmembers Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, and Vice Mayor Martinez. Noes: Mayor Thomas K. Butt. Absent: None. Abstain: None).
R.3 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 620-6790/ Mubeen Qader 412-2077). This item was continued from the May 17, 2022, meeting.
The City Council received budget presentations from the Community Development and Community Services Departments. Discussion ensued.
Councilmember McLaughlin requested that the Rental Inspection ordinance was revised to better impact the quality of life for tenants. Madalyn Law gave comments via teleconference.
S. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
T. ADJOURNMENT
There being no further business, the meeting adjourned at 12:10 a.m., in memory of the 22 people killed in the mass school shooting in Uvalde, Texas, to meet again on June 7, 2022.
Clerk of the City of Richmond Mayor