1 RICHMOND, CALIFORNIA,
October 25, 2022, 4:30 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION Open Session was called to order at 4:30 p.m.by Mayor K. Butt via teleconference.
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 arrived after adjourning to Closed Session.
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Nagita v. City of Richmond
City of Long Beach v. Monsanto Company et al.
Richmond Shoreline Alliance v. City of Richmond
C.2 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
C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the northAgency negotiators: Anita Luck, Lina Velasco, and Jesus MoralesNegotiating parties: Miraflores Community Devco, LLCUnder negotiation: Price and terms of payment
C.4 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
2 6. Richmond Fire Management Association RFMA
D. PUBLIC COMMENT BEFORE CLOSED SESSION
None.
E. ADJOURN TO CLOSED SESSION
The meeting adjourned at 4:32 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The meeting was called to order at 6:34 p.m.by Mayor Thomas K. Butt via teleconference.
G. ROLL CALL
Present: Councilmembers Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: Councilmember Nathaniel Bates arrived after roll call. Councilmember Claudia Jimenez was absent the entire meeting.
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. - Environmental Justice Issues Pertaining to Richmond San Rafael Bridge Traffic Congestion was removed from the Consent Calendar for discussion and Item P.3. - Recommendation from the Community Police Review Commission was withdrawn from the agenda.
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
City Attorney Dave Aleshire reported the following:
C.1. Conference with Legal Counsel - Nagita v. City of Richmond: instructions given to litigator for settlement negotiation; City of Long Beach v. Monsanto Company et al.; deferred to the November 1, 2022, Closed Session agenda; and Richmond Shoreline Aliance v. City of Richmond - not discussed.
C.2. Conference with Legal Counsel - Riggers Loft Wine Company - not discussed, deferred to the November 1, 2022, Closed Session agenda C.3. Conference with Real Property Negotiator - South 45th Street: not discussed, deferred to the November 1, 2022, Closed Session agenda C.4. Conference with Labor Negotiators - Direction given to Local 188 negotiators. No other reportable actions
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported the following: Contra Costa Food Bank Food Drive Through Distribution would be on Thursday, October 27, 2022, from 12 p.m. to 1 p.m. at Barrett Avenue and 25th Street. More information could be obtained by calling 510-620- 6512; and a General Plan Community Workshop on October 29, 2022, from 11 a.m. to 2 p.m. at the Richmond Recreation Center. Interested individuals could call 510-620-6706 for more information.
3 M. CRIME REPORT FROM POLICE CHIEF - 4th Tuesday (public comment allowed under Open Forum)
Police Chief Bisa French reported the following:
August 2022: 49 reported incidents of violent crime and 261 property crime reports September 2022: 47 reported incidents of violent crime and 245 property crime reports October 2022: 35 reported incidents of violent crime and 188 property crime reports A homicide suspect from a July 2022 homicide on Cutting Boulevard was apprehended and charged in Vallejo.
A very large sideshow took place over the weekend and two people were taken into custody. One of the suspects drove into the police department lot and was immediately apprehended.
N. OPEN FORUM FOR PUBLIC COMMENT
Philip Rosenthal stated that community centers in Point Richmond required a reservation and fees imposed as if it were a private venue.
Mark Wassberg gave comments regarding the inability to speak about the upcoming election during Open Forum.
Corky Booze gave comments regarding a possible conflict of interest if a person was over a non-profit and was also elected as a councilmember.
Councilmember Willis stated the decorum of the city council has diminished and has also caused a decrease of morale with staff and that all needed to work with each other and be treated with respect.
O. CITY COUNCIL CONSENT CALENDAR
To approve all items on the Consent Calendar except Item O.2.
Motion by Councilmember Melvin Willis
Seconded by Councilmember Demnlus Johnson III
Ayes (5): Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K.
Butt
Absent (2): Councilmember Nathaniel Bates, and Councilmember Claudia Jimenez Passed (5 to 0)
O.1 Amending the Eviction Moratorium to Allow for Owner Move-ins in Residential Units
ADOPT an ordinance (second reading) amending Urgency Ordinance No. 02-21 entitled “Eviction Moratorium” to allow for owners of residential rental property within the City of Richmond to move in during the remainder of the Eviction Moratorium – City Attorney’s Office (Dave Aleshire/Shannon Moore 510-620- 6505).
Adopted Ordinance No. 13-22 N.S.
O.2 Environmental Justice Issues Pertaining to Richmond San Rafael Bridge Traffic Congestion
4 ADOPT a resolution in support of addressing environmental justice issues pertaining to the Richmond San Rafael Bridge traffic congestion – Councilmembers Demnlus Johnson III (510-620-6568) and Melvin Willis (510- 412-2050).
Councilmembers Johnson III and Willis gave an overview of the matter.
Amy Worth, Bay Area Toll Board and Metropolitan Transportation Commission (MTC) and Greg Nudd, Deputy Air Pollution Control Officer for policy at Bay Area Air Quality Management District provided a report which included the following information: Two-third of drivers come from the East Bay; MTC first phase traffic analysis on the pilot program, possible additional improvements.
Discussion ensued. The following individuals gave comments via teleconference:
Mark Wassberg, Joe Fisher, Dave Cambell, Bruce Beyaert, and Willie Robinson.
A motion was made to delete all the 'whereas' information included in the resolution and to only retain the 'therefore be it resolved' Section 3 of the resolution was changed from "Pursue funding for additional bridge improvements including but not limited to a second bike path on the lower deck with a removable barrier to "Pursue funding to alleviate traffic congestion on I-580 and Richmond neighborhoods".
Adopted Resolution No. 156-22
Motion by Councilmember Demnlus Johnson III
Seconded by Councilmember Melvin Willis
Ayes (6): Councilmember Nathaniel Bates, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt
Absent (1): Councilmember Claudia Jimenez
Passed (6 to 0)
O.3 Booker T. Anderson Community Center Fire Restoration Second Contract Award
APPROVE contract with Arntz Builders, Inc. for the Booker T. Anderson Community Center Fire Restoration project, located at 960 South 47th Street, Richmond, in an amount not to exceed $3,302,178 including $2,933,200 low bid, plus $43,780 Alternate #1, plus copper vandalism $25,000, plus $300,198 contingency – Public Works Department (Nickie Mastay 510-620-6609).
P. STUDY AND ACTION SESSION
P.1 Richmond Industrial Safety Ordinance 2021 Annual Report by Contra Costa Health Services
RECEIVE a presentation by Contra Costa Health Services of the 2021 Annual Richmond Industrial Safety Ordinance report pursuant to Richmond Municipal Code Section 6.43.160 – Community Development Department (Lina Velasco 510-620-6841). This item was continued from the July 26, 2022, meeting.
Director of Community Services introduced the item.
Nicole Heath Supervising Accidental Release Prevention Engineer Contra Costa County Health presented a PowerPoint, which highlighted the following: County Hazmat; CalARP Program; Regulations: Incidents: Industrial Safety Ordinance;
5 Richmond Industrial Safety Ordinance; Performance Indicators; and CCHMP Chevron Onsite Engineer. Discussion ensued.
Don Gosney, Linsi Crain, and Mark Wassberg gave comments via teleconference.
P.2 Receive a Quarterly Update from PG&E
RECEIVE a quarterly presentation from Pacific Gas and Electric (PG&E) – Public Works Department/City Manager’s Office (Nickie Mastay/Samantha Carr 510-620-5407). This item was continued from the July 26, 2022, meeting.
Deputy City Manager, Nickie Mastay introduced the item. Darin Cline, PG&E presented a PowerPoint, which highlighted the following: Electric circuits serving Richmond; Overview of El Cerrito G circuit; Supporting/Improving Reliability; Types of Outages; Safety Efforts in 2022; PG&E Report It Safety App; Responding to Outages and Improving Safety; and Safety Efforts with Pole Washing Program.
Anthony Woodards gave comments via teleconference.
P.3 Recommendation from the Community Police Review Commission RECEIVE a report from the Community Police Review Commission Council Liaison on recommendations to the City Council – Councilmember Claudia Jimenez (510-620-6565). This item was continued from the July 26, 2022, meeting.
WITHDRAWN from the agenda.
P.4 Resolution in Support of Police Chief French and the Richmond Police Department
ADOPT a resolution by the Mayor and City Council expressing our appreciation and total support for Chief of Police Bisa French and the entire police department of men and women in blue for their outstanding services to our community – Councilmember Nathaniel Bates (510-620-6743).
Councilmember Nathaniel Bates gave an overview of the matter. Police Chief Bisa French stated that there were 37 police officer and several dispatcher positions unfilled. Many officers have left and are given exit interviews. The majority have gone to other jurisdictions and cited mandatory overtime and lack of support from the city council as reasons for having left the department.
Discussion ensued. Dave Woodard and Deborah Smalls gave comments via teleconference.
The Council directed Chief French to develop a strategy to help recruit officers and dispatchers and return to the city council in two weeks with possible solutions and suggestions.
Adopted Resolution No. 157-22
Motion by Councilmember Nathaniel Bates
Seconded by Councilmember Demnlus Johnson III
Ayes (6): Councilmember Nathaniel Bates, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt
Absent (1): Councilmember Claudia Jimenez
Passed (6 to 0)
6 (A motion was made by Councilmember Willis, seconded by Councilmember Johnson III, to hear Item P.7 next, passed by the following vote: Ayes:
Councilmembers Nathaniel Bates, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, and Vice Mayor Eduardo Martinez. Noes: None. Absent:
Councilmember Claudia Jimenez. Abstain: Mayor Thomas K. Butt).
P.5 Report on Police and Fire Department Recruitment
RECEIVE a status report on the police department and fire department recruitment efforts – Human Resources Department (Sharrone Taylor 510-620- 6803).
Continued to November 1, 2022, City Council meeting.
P.6 Bicycle and Pedestrian Action Plan Study Session
RECEIVE a presentation of the DRAFT Bicycle and Pedestrian Action Plan and provide feedback – Community Development Department (Lina Velasco 510- 620-6841).
(10:55 p.m. - A motion by Councilmember Johnson III, seconded by Councilmember Willis to extend the meeting until 11:30 p.m. to hear Item P.6., passed by the following vote: Ayes: Councilmembers Nathaniel Bates, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, and Vice Mayor Eduardo Martinez. Noes: Mayor Thomas K. Butt. Absent: Councilmember Claudia Jimenez. Abstain: None.
Community Development Director Lina Velasco introduced the item. Mauricio Hernandez, Alta Planning and Design presented a PowerPoint which highlighted the following: Project Overview and Timeline; Community Engagement Summary Themes; Bicycle Facility Types; Proposed Bicycle and Pedestrian Improvements; Proposed Pedestrian Spot Improvements; and Project Prioritization and Methodology.
Project website: www.TravelSafeRichmond.org. The comment period closed November 13, 2022.
Philip Rosenthal and Jim Hanson gave comments via teleconference.
P.7 West County Wastewater District Update
RECEIVE an update on the West County Wastewater District – Councilmember Claudia Jimenez (510-620-6565).
Councilmember Willis introduced the item.
Cesar Zepeda President of the West County Wastewater (WCW)District gave an overview of the matter. Andrew Clough, WCW, Angela Andrews WCW Capital Portfolio Manager, and Keith Reynolds, WCW presented a PowerPoint, which highlighted the following: Capital Projects; Clean & Green Project; Force Main Overview Repair and Replacement; Sea Level Rise Protection; and Agency Coordination. Discussion ensued.
City Council requested an update from staff regarding the levy project and monthly reports on Richmond's treatment plant and waste system.
P.8 2019-20/2020-21 Rent Program Annual Report
RECEIVE the 2019-20/2020-21 Rent Program Annual Report infographic video - Richmond Rent Program (Nicolas Traylor 510-620-6564).
Continued to November 1, 2022, City Council meeting.
7 Q. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
None.
R. ADJOURNMENT
There being no further business, the meeting adjourned at 11:30 p.m., to meet again on November 1, 2022, at 6:30 p.m.
Clerk of the City of Richmond Mayor