1 RICHMOND, CALIFORNIA,
September 20, 2022, 5:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The meeting was called to order 5:00 p.m. by Mayor Thomas K. Butt via teleconference.
B. ROLL CALL
Present: Councilmembers Nathaniel Bates, Demnlus Johnson III, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: Councilmembers Claudia Jimenez, Gayle McLaughlin and Melvin Willis arrived after the roll was called.
C. CLOSED SESSION
C.1 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
Agency Representatives: Jaclyn Gross and Sharrone Taylor 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 LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Medina v. City of Richmond
Arriaga v. City of Richmond
Richmond Shoreline Alliance v. City of Richmond
East Bay Regional Park District v. City of Richmond
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.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
2 Property: 12th and MacdonaldAgency Negotiators: Dave Aleshire, Lina Velasco, Jesus MoralesNegotiating parties: SAA-EVI Richmond Partners, LLCUnder negotiation: Price and terms of payment
Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the northAgency negotiator: Anita Luck, Lina Velasco, Jesus MoralesNegotiating parties:
Miraflores Community Devco, LLCUnder negotiation: Price and terms of payment
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 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 limited to items on the Closed Session agenda only)
Tarnel Abbott and Sally Tobin expressed support of a public park at Point Molate.
Alexander Cain, Jae Mallari, and Donovan Decious, Tom Tran, Michael Pagaling, and Benjamin Therriault urged support of approval of a tentative ratified contract with Richmond police officers.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned at 5:14 p.m. Closed Session adjourned at 6:35 p.m.
F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The meeting was called to order at 6:38 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, Chair Thomas K. Butt, and Tenant Commissioner Jaycine Scott. Absent: None.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
None.
K. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Commissioner Martinez, seconded by Commissioner McLaughlin.
3 Ayes (8): Councilmember Nathaniel Bates, Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, Vice Mayor Eduardo Martinez, Mayor Thomas K. Butt, and Tenant Commissioner Scott
Passed (8 to 0)
K.1 Continued use of teleconference technology
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).
Adopted Resolution No. 2169
L. ADJOURNMENT
The meeting adjourned at 6:45 p.m.
M. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The meeting was called to order at 6:45 p.m. by Mayor Thomas K. Butt via teleconference.
N. 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.
O. STATEMENT OF CONFLICT OF INTEREST
None.
P. AGENDA REVIEW
Vice Mayor Martinez withdrew Item V.1. - Special Cases at Rydin Road.
Q. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Interim City Attorney Dave Aleshire reported the following:
Item C.1 - A status report was received and direction was given to the negotiators.
Item C.2. - A status report was given on the matters of Medina v. City of Richmond and Arriaga v. City of Richmond. Direction was given on upcoming mediation.
Items C.3. and C.4. were not discussed.
R. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported the following: A video game and virtual reality programming event would be held at the Richmond Main Public Library on Friday, September 23, 2022, from 2:30 to 4:30 p.m.; Public Bank of the East Bay informational community meeting on Thursday, September 22, 2022, at 5:30 p.m. Individuals may call 510- 620-6512 for additional information.
S. REPORT FROM REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
4 Interim Library and Community Services Director LaShonda White stated there was no report.
T. OPEN FORUM FOR PUBLIC COMMENT
Mark Wassberg spoke against the establishment of a public bank in Richmond.
Jessi Taran stated that a letter was received from Mayor Butt with information on safe RV parking locations for Rydin Road residents.
Ben C gave comments regarding Item U.2.a. regarding the reevaluation of the Eviction Moratorium.
Jesse Toberman gave comments regarding relocation assistance for residents of Rydin Road.
Councilmember Bates acknowledged Councilmember Johnson III for organizing the successful Black Family Day event on Saturday. Councilmember Bates also thanked those who organized and participated in the recent tribute to Dr. Henry Clark and acknowledged Public Works Director Joe Leach on his efforts in keeping the city clean during his tenure.
U. CITY COUNCIL CONSENT CALENDAR
A motion by Councilmember McLaughlin, seconded by Councilmember Martinez.
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)
U.1 City Clerk's Office
U.1.a 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. 122-22
U.2 City Council
U.2.a Amend the Local Urgency Eviction Moratorium to Indicate that the Ordinance Will Not Apply to Owner Move-ins and Instead Owner Move- ins Will be Regulated by the Original Rent Program Ordinance.
DIRECT City staff to draft an amendment to the Urgency Eviction Moratorium ordinance (by the end of October) to add a provision within the ordinance that allows for Owner Move-ins during the remainder of this moratorium - Councilmembers Gayle McLaughlin (510-620-6636) and Claudia Jimenéz (510-620-6565).
U.3 Finance Department
U.3.a Annual Review and Adoption of Financial Policies for Fiscal Year 2022- 23 (Cash Reserve, Debt, Investment, OPEB Funding, SWAP and Grant Management)
5 REVIEW and ADOPT the Financial Policies (Cash Reserve, Debt, Investment, OPEB Funding, SWAP and Grant Management) and resolutions for Fiscal Year 2022-2023 – Finance Department (Delmy Cuellar 510-620-6740).
Adopted the following resolutions:
Resolution No. 123-22 - Cash Reserve
Resolution No. 124-22 - Debt
Resolution No. 125-22 - Investment
Resolution No. 126-22 - OPEB
Resolution No. 127-22 - SWAP
Resolution No. 128-22 - Grant Management
U.4 Human Resources
U.4.a Resolution Granting the City Manager Authority to Amend the City’s Position Control List to Add Deputy Director of Public Works – City Engineer.
ADOPT a resolution granting the city manager permission to amend the current position control list to reallocate the Deputy Director of Public Works - Operations and Maintenance as Deputy Director of Public Works - City Engineer – City Manager’s Office/Human Resources Department (Shasa Curl/Sharrone Taylor 510-620-6602).
Adopted Resolution No. 129-22
U.5 Library and Community Services
U.5.a Contract with Rebuilding Together East Bay-North for Resilience Hubs APPROVE a sole-source contract with Rebuilding Together East Bay- North, in an amount not to exceed $90,000, to procure and mobilize equipment for the power hubs project, with a term from October 1, 2022, through June 30, 2023 – Library and Community Services Department (LaShonda White/Stephanie Ny 510-620-6563).
U.6 Mayor's Office
U.6.a Drive Electric Week – September 23 – October 2, 2022 PROCLAMATION declaring September 23 – October 2, 2022, as Drive Electric Week in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
U.7 Police Department
U.7.a Pre-Employment Background Investigations Companies for Police Department Applicants
APPROVE contracts with three vendors: James Anthony Carroll Investigations; Moreland Investigations; and T Jung Investigations, for the purpose of providing background investigations for sworn and non-sworn Police Department applicants, for a total combined amount of $180,000, not to exceed $60,000 per vendor, over the entire three-year contract term of October 1, 2022, through September 30, 2025 – Police Department (Chief Bisa French 510-621-1802).
6 U.7.b Out of State Travel Approval for the Police Chief to attend the International Association of Chiefs of Police Conference in Texas APPROVE the out of state travel request to Texas, as an exception to Resolution 91-17, to allow for the Police Chief to attend the 2022 International Association of Chiefs of Police Conference which includes several presentations that align with the travel exception list – Police Department (Chief Bisa French 510-621-1802).
U.8 Public Works
U.8.a Proposed Contract with Advance Crime Scene Restoration APPROVE a three-year contract with Advance Crime Scene Restoration to manage biohazardous cleanups, in an amount not-to-exceed $117,000, with a term beginning September 1, 2022, and ending September 1, 2025, with a $75,500 two-year option to renew – Public Works Department (Joe Leach 510-620-5478).
U.8.b Playground Resurfacing Contract
APPROVE a contract in the amount of $269,519 with SpectraTurf for playground resurfacing, with a contract term from September 21, 2022, to June 30, 2023; and APPROPRIATE budget using fund balance – Public Works Department (Joe Leach 620-5478/Greg Hardesty 620-6920).
V. NEW BUSINESS
V.1 Special Cases at Rydin Road
DIRECT City staff to coordinate efforts with County services to get the identified residents connected with the necessary service providers by October 31, 2022 – Vice Mayor Eduardo Martinez (510-620-6593)
WITHDRAWN FROM THE AGENDA
V.2 Distribution of the Initial $50,000 Funds To Rydin Road Residents by a Service Provider.
APPROVE a sixth contract amendment and APPROPRIATE $50,000 to Housing Consortium of the East Bay (HCEB) to support residents’ sunsetting from Rydin Road, which was previously appropriated to Community Development; and APPROVE an option for the criteria HCEB shall use to distribute $50,000, in a total not to exceed $250,000 in flex funds; and CONSIDER the extension of the HCEB contract and sunset date to October 21, 2022 – City Manager’s Office (Shasa Curl 510-620-6512).
Community Development Director Lina Velasco presented a PowerPoint, which highlighted the following: Background; Transitional Plans; Potential Distribution of Funds Options -$50,000 for 29 participants; Transitional Plans Update - $200,000; and Development and Approval of 23 Dwelling households transition plans. Discussion ensued.
Mark Wassberg, A.M. Jenkins, Jessi Taran, Deborah Bayer, Sandy Hill, and Jesse Toberman gave comments via teleconference. Further discussion ensued.
A motion was made by Councilmember Gayle McLaughlin, seconded by Councilmember Melvin Willis to approve a sixth contract amendment and appropriate $50,000 to HCEB; extend the sunset deadline for transition to no later than October 21, 2022, to those with legitimate reasons; continue the contract with porta potties on Rydin Road if needed and appropriate the funds from Re- imagining Task Force funds; staff to approve transition plans within 48 hours; the
7 contract for HCEB may be extended beyond September 30, 2022, for three months for fund dispensing only; prioritize Rydin residents for distribution of Housing First funds; and the City Council should receive an updated report from staff every two days.
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)
W. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
Councilmember Johnson III thanked those that attended Black Family Day at Nicholl Park on Saturday.
X. ADJOURNMENT
There being no further business, the meeting adjourned at 9:04 p.m., in memory of Helen Strickland, Daniel Tanita, and Tracie Ray, to meet again on October 4, 2022, at 6:30 p.m.
Clerk of the City of Richmond Mayor