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RICHMOND, CALIFORNIA, July 5, 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 4:30 p.m. by Mayor Thomas K. Butt via teleconference.
B. ROLL CALL
Present: Councilmembers Nathaniel Bates, Demnlus Johnson III, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: Councilmembers Claudia Jimenez and Gayle McLaughlin arrived after the roll was called.
C. CLOSED SESSION
C.1 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
Agency Representatives: Jaclyn Gross, Sharrone Taylor, and Teresa Fairbanks
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.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiator: Dave Aleshire and Lizeht Zepeda
Negotiating parties: Richmond Grown
Under negotiation: Price and terms of payment
C.3 PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957.6)
Title: City Attorney
C.4 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (Initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
Riggers Loft Wine Company
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D. PUBLIC COMMENT BEFORE CLOSED SESSION (public comment on Closed Session items only)
Mayor Butt announced his recusal from Item C.2 due to a conflict of interest.
There were no public comments via teleconference.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:32 p.m. Closed Session adjourned at 6:34 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:38 p.m. by Mayor Thomas K. Butt via teleconference.
G. ROLL CALL
Present: Councilmembers Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent:
Councilmember Gayle McLaughlin 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
Item O.2.a was removed from the Consent Calendar for discussion immediately following the approval of the Consent Calendar. Item Q.1 was continued to the July 19, 2022, City Council meeting.
Mayor Butt ruled to continue Item P.1. to the July 19, 2022, City Council meeting.
Motion by Councilmember Willis
Seconded by Councilmember Jimenez
To overrule the mayor and not continue Item P.1.
Ayes (4): Councilmember Jimenez, Councilmember McLaughlin, Councilmember Willis, and Vice Mayor Martinez
Noes (3): Councilmember Bates, Councilmember Johnson III, and Mayor Butt Passed (4 to 3)
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Interim City Attorney Dave Aleshire reported there was a motion made by Councilmember Bates, seconded by Councilmember Willis, regarding Item C.2 that passed with five votes in favor, Mayor Butt recused and Councilmember McLaughlin abstained, to move forward with negotiations and finalize the lease with Richmond Grown as soon as possible with the proviso that the provisions concerning community benefit would be governed by the City of Richmond's community benefits ordinance.
Mr. Aleshire announced that the council would reconvene the Closed Session after the
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adjournment of the regular City Council meeting to continue the deliberation for Item C.4.
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl announced that the City of Richmond's Environmental Initiative Division in collaboration with Republic Services was hosting a Zoom webinar on July 7, 2022, regarding recycling. More information was available by visiting www.richmondenvironment.org or calling (510) 620-6285. Ms. Curl also announced the American Rescue Plan Act Covid-19 Relief Funds Virtual Community Forum on July 11, 2022, to receive community input on how to invest the funds. More information was available by calling (510) 307-8016. Ms. Curl encouraged the community to subscribe to the City Manager's Weekly Report on the City of Richmond's website.
M. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
Public Works Director Joe Leach presented a PowerPoint that highlighted the following:
neighborhood dumpster days and assistance for seniors/disabled persons; illegal dumping; encampment and weed abatement; graffiti removal; and partnerships. The council requested a written report regarding illegal dumping fines; recommendations for how to keep the city clean; and apprehension of violators. The council recommended calibrating fines according to the amount of illegally dumped material.
N. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments via teleconference:
Khoa Nguyen, Alexander Caine, Peggy Chou, and Benjamin Therriault urged the council to negotiate a fair and competitive contract with the Richmond Police Officers Association (RPOA) to recruit and retain police officers. The group expressed concerns regarding the reduced police force and low morale.
Madalyn Law expressed concerns that the Mira Flores housing project had not been placed on the City Council agenda. Ms. Law urged the council to receive a report on the project before its August 2022 recess.
Don Gosney announced that the Plumbers and Steamfitters Local 342 was accepting online apprenticeship applications starting on August 1, 2022, by visiting www.ua342.org or calling Mr. Gosney at (510) 685-2403.
Mark Wassberg gave comments in support of Richmond police officers. Mr. Wassberg expressed concerns regarding the City of Richmond's business tax and impact on businesses. Mr. Wassberg encouraged the community to visit his Facebook social media page to view videos of the conditions at the Rydin Road and Castro Street encampments.
Naomi Williams expressed concerns regarding the excessive noise level from illegal fireworks in Richmond on July 4, 2022. Ms. Williams inquired about what could be done to stop the use of illegal fireworks. Ms. Williams also expressed concerns regarding the lack of police officers in Richmond.
Sandra Garcia expressed concerns regarding vehicle sideshows near Key Boulevard and Barrett Avenue. Ms. Garcia informed the council that plans for a round-about at the intersection were previously drawn but never moved forward. Ms. Garcia announced that 40 residents signed a petition requesting the city to review this matter and help the residents solve the problem.
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Rodney Alamo Brown announced that Soulful Softball Sundays at Nicholl Park was launching on August 28, 2022. Mr. Brown requested the council's support by waiving the park rental fees and participating in the event.
Javier Arbona-Homar gave comments in support of Item O.2.a regarding street safety improvements and urged the council to reach out to the residents on Carlson Boulevard.
Councilmember Bates thanked the Police Department for its outstanding work despite the reduction of officers. Councilmember Bates assured the RPOA that the council was working diligently to complete the contract negotiation. Councilmember Bates announced that Leonard Livingston recently passed and recommended that the City of Richmond did something exceptional to recognize Mr. Livingston.
O. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Johnson III
Seconded by Vice Mayor Martinez
To approve all items on the Consent Calendar except Item O.2.a.
Ayes (7): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, Vice Mayor Martinez, and Mayor Butt
Passed (7 to 0)
O.1 City Clerk's Office
O.1.a Voting Delegate and Alternate – League of California Cities 2022 Annual Conference
DESIGNATE Mayor Tom Butt as voting delegate and Eduardo Martinez as an alternate to represent the City of Richmond at the Annual Business Meeting of the League of California Cities’ 2022 Annual Conference, to be held in Long Beach at the Long Beach Convention Center, Wednesday, September 7 through Friday, September 9, 2022 – City Clerk’s Office (Pamela Christian 510-620-6513).
O.2 City Council
O.2.a Street Safety improvements
DIRECT staff to address interim solutions to street safety concerns (prior to our Local Road Safety Plan being finalized and funded) such as dangerous pedestrian crossings along Carlson Boulevard and sideshows at Key Boulevard & Barrett Avenue, May Road & Santa Rita Road as well as at other locations – Councilmembers Gayle McLaughlin (510) 620- 6581 and Claudia Jimenez (510) 620-6565, and Vice Mayor Eduardo Martinez (510) 620-6593.
Councilmember McLaughlin introduced the matter. Councilmembers McLaughlin, Jimenez, and Vice Mayor Martinez provided an oral report.
Discussion ensued. The following individuals gave comments via teleconference: Max Fefer, Mark Wassberg, Garland Ellis, Ilona Clark, Jan Mignone, Hulan Barnett, Don Gosney, Jamin Pursell, Shelley Trask, Jim Hanson, Naomi Williams, Madalyn Law, Oscar Garcia, Leisa Johnson, Steve Bischoff, Amanda Jenkins, Ben Therriault, and Eli Moore.
Further discussion ensued. The council advised that downtown Richmond
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was also an area of traffic safety concern; and suggested residents contact the City Council Office to identify additional locations that needed solutions.
Main Motion
Motion by Councilmember Willis
Seconded by Councilmember McLaughlin
To call the question to end debate and bring the matter to an immediate vote.
Substitute Motion
Motion by Councilmember Bates
Seconded by Councilmember Johnson III
To approve the item and direct staff to evaluate traffic safety and return to the council with a recommendation for locations and the type of traffic calming measures for the council to consider.
Ayes (6): Councilmember Bates, Councilmember Jimenez,
Councilmember Johnson III, Councilmember McLaughlin,
Councilmember Willis, and Vice Mayor Martinez
Noes (1): Mayor Butt
Passed (6 to 1)
O.3 Finance Department
O.3.a Ordinance Allowing for the Credit of Rent Board Fees Paid By Landlords With Four or Fewer Rental Units Against the Gross Receipts Tax Obligation and Amnesty Program for Residential Rental Properties INTRODUCE an ordinance (first reading) allowing landlords with four or fewer residential units to credit their paid Rent Board fees against their gross receipts tax obligation; and ADOPT a resolution authorizing the Finance Department to offer a Business Tax Amnesty Program for a period commencing on July 1, 2022, and ending on August 15, 2022, for residential rental property businesses with unpaid business licenses – Finance Department (Delmy Cuellar 510-620-6740/ Antonio Banuelos 510-620-6741).
Adopted Resolution No. 98-22
O.4 Human Resources
O.4.a Resolution Amending the Salary Schedule to Add Newly Established Classifications and Amend Position Control
ADOPT resolutions amending the salary schedule to add Electrician I/II (flexibly-staffed) and Senior Electrician classifications and salary ranges, and amending the salary schedule to update the bargaining unit assignment and salary ranges for the Deputy Director of Public Works-Operations and Maintenance and Deputy Director of Finance (Budget and Financial Services) and the salary range for Police Officer Trainee; AMEND Public Works authorized staffing (i.e., position control) to retitle the current Electricians to Electrician I/II and to add one (1) Senior Electrician
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position to be reallocated from one Electrician I/II position after a promotional examination is conducted; and APPROPRIATE funds for associated wages, salaries, and compensation for the Electrician I/II and Senior Electrician positions – Human Resources Department (Sharrone Taylor 510-620-6803).
Adopted Resolution Nos. 99-22 and 100-22
O.4.b Second Contract Amendment with Regional Government Services (RGS) to Provide Temporary Services and Support in Several Critical Areas to the City on an As-Needed Basis
APPROVE a second contract amendment with Regional Government Services to increase the contract amount by $300,000, for a new total payment limit not to exceed $700,000, for the provision of expertise in a variety of functional areas such as Human Resources, Financial Management, and Accounting – Human Resources Department (Sharrone Taylor 510-620-6803).
O.5 Public Works
O.5.a Proposed Contract with Community Fire Protection.
APPROVE a three-year contract with Community Fire Protection in the amount of $32,448 to provide annual East Bay Municipal Utility District (EBMUD) mandatory testing and repair of backflows in various City buildings, parks and right-of-ways, with an additional two-year extension option of $21,632. The contract term will be from July 1, 2022, to June 30, 2025 – Public Works Department (Joe Leach 510-620-5478/Greg Hardesty 510-620-6920/Jose Urquilla 510-620-6896).
P. ITEM(S) FROM PREVIOUS MEETINGS
P.1 Resolution Establishing the Fiscal Year 2022-23 Residential Rental Housing Fee
ADOPT a resolution establishing the Fiscal Year 2022-2023 Residential Rental Housing Fee in the amount of $226.00 per Controlled Rental Unit and $127.00 per Partially Covered Rental Unit – Rent Program (Nicolas Traylor 620-6564).
This item was continued from the June 21, 2022, meeting.
Consider if budget should be modified to provide General Fund support at historic level and if revised cost study should be performed by parties.
Executive Director of Rent Program Nicolas Traylor presented a PowerPoint that highlighted the following: purpose and mission; landlord/tenant counseling, outreach, and enforcement; expense and revenue summary; and proposed fee and comparisons. Discussion ensued. The following individuals gave comments via teleconference: Ilona Clark, Mark Wassberg, Emily Ross, and Amanda Jenkins.
Further discussion ensued. The council requested the number of affordable housing landlords in Richmond that were eligible for a credit of Rent Board fees pursuant to Item O.3.a. The council advised there were complaints from residents of the Cresent Park Apartments regarding alleged harassment by the onsite manager and threats of eviction.
Motion by Councilmember Willis
Seconded by Councilmember McLaughlin
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To approve the item. A friendly amendment made by Councilmember McLaughlin, directing staff to return to the council with an updated reimbursement agreement that included that the Rent Program would reimburse the city for any funding as determined by a revised study of services that the city provided to the Rent Program, was accepted.
Ayes (5): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, and Councilmember Willis Noes (1): Mayor Butt
Abstentions (1): Vice Mayor Martinez
Passed (5 to 1)
Adopted Resolution No. 101-22
Q. PUBLIC HEARINGS
Q.1 Ballot Approval to Renew the Downtown Richmond Property and Business Improvement District
ADOPT a resolution renewing the Downtown Richmond Property and Business Improvement District (DRPBID), approving the assessment formula, and levying the assessments – City Manager’s Office (Shasa Curl/Thomas Omolo/Lizeht Zepeda 510-620-6512).
Continued to the July 19, 2022, City Council meeting.
Q.2 Public Hearing to Adopt a Resolution to Establish an Underground Utility District on Pierce Street and San Mateo Street Pursuant to Electric Rule 20A ADOPT a resolution: (1) Finding that the public necessity, health, safety and/or welfare requires the removal of poles, overhead wires and associated overhead structures and underground installation services along Pierce Street and San Mateo Street; and (2) Establishing Underground Utility District No. 2022-1 on Pierce Street and San Mateo Street; and (3) Approving the use of the Rule 20-A funding by Pacific Gas & Electric (PG&E) to pay for the cost associated with the underground of the electric distribution within the District – Public Works Department (Joe Leach 510-620-5478).
City Clerk Pamela Christian announced that it was time, pursuant to public notice, to hold a public hearing. Director of Public Works Joe Leach introduced the matter. Former Public Works Director (Annuitant) Yader Bermudez presented a PowerPoint that highlighted the impacted areas near Central Avenue at Interstate
80. Discussion ensued. Mayor Butt declared the public hearing opened. There were no public speakers via teleconference. Mayor Butt closed the public hearing.
Motion by Councilmember Willis
Seconded by Councilmember Johnson III
To adopt said resolution.
Ayes (7): Councilmember Bates, Councilmember Jimenez, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, Vice Mayor Martinez, and Mayor Butt
Passed (7 to 0)
Adopted Resolution No. 102-22
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R. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
None.
S. ADJOURNMENT
The regular meeting adjourned at 9:34 p.m. Closed Session reconvened at 9:38 p.m. with Councilmembers Johnson III and Willis absent. Closed Session adjourned to Open Session at 9:52 p.m. Interim City Attorney Dave Aleshire announced that regarding Item C.4, the initiation of litigation concerning Riggers Loft Wine Company, staff gave a status report and the council provided direction on negotiations of a settlement. No other reportable action was taken.
There being no further business, the meeting adjourned at 9:56 p.m., to meet again on July 19, 2022, at 6:30 p.m.
Clerk of the City of Richmond Mayor