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RICHMOND, CALIFORNIA, December 6, 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 4:34 p.m. by Mayor Thomas K. Butt via teleconference.
B. ROLL CALL
Present: Councilmembers Nathaniel Bates, Demnlus Johnson III, Gayle McLaughlin, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: Councilmember Claudia Jimenez was absent for the entire meeting. Councilmember Melvin Willis arrived after the roll was called.
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL- WORKERS’
COMPENSATION CLAIM (Pursuant to Government Code § 54956.95) Claimant: Employee - Fire Department Claim: 16000077COR Agency Claimed Against: City of Richmond
Claimant: Employee - Police Department Claim: 15000133COR Agency Claimed Against: City of Richmond
C.2 CONFERENCE WITH LEGAL COUNSEL - LIABILITY CLAIM:
(Pursuant to Government Code 54956.95
Claimant: Ofelia Gutierrez
Agency Claimed Against: City Richmond
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
Two Cases
C.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Hakeem Abbas v. City of Richmond
C.5 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes 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
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5. IAFF Local 188
6. Richmond Fire Management Association RFMA
C.6 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 north Agency negotiators: Anita Luck, Lina Velasco, and Jesus Morales Negotiating parties: Miraflores Community Devco, LLC
Under negotiations: Price and Terms of Payment
Property: Terminal One
Agency negotiators: Lina Velasco and Dave Aleshire
Negotiating parties: Terminal One Development LLC
Under negotiation: Price and terms of payment
D. PUBLIC COMMENT BEFORE CLOSED SESSION (public comments limited to Closed Session items only)
There were no public comments via teleconference.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:36 p.m. Closed Session adjourned at 6:32 p.m.
F. SPECIAL JOINT MEETING OF THE RICHMOND HOUSING
AUTHORITY/RICHMOND CITY COUNCIL
The Special Joint Meeting of the Richmond Housing Authority/Richmond City Council was called to order at 6:33 p.m. by Chairperson/Mayor Thomas K. Butt via teleconference.
G. ROLL CALL
Present: Commissioners/Councilmembers Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Chairperson/Vice Mayor Eduardo Martinez, Chairperson/Mayor Thomas K. Butt, and Housing Authority Tenant Commissioner Jaycine Scott. Absent:
Commissioner/Councilmember Claudia Jimenez was absent for the entire meeting.
Commissioner/Councilmember Nathaniel Bates 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. REPORT FROM THE EXECUTIVE DIRECTOR
Richmond Housing Authority (RHA) Executive Director Nannette Beacham reported the following updates regarding the Hacienda Heights senior apartments: the Housing Authority of Contra Costa County initiated leasing applications; the building was issued a temporary certificate of occupancy; the RHA commenced inspections in November through December 2022; and residents were scheduled to move in the week of December 5, 2022. Ms. Beacham also reported that EAH Housing and the RHA were in the final stages of closing for the sale of Nevin Plaza Apartments for the rehabilitation of 138 units.
K. AGENDA REVIEW
None.
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L. HOUSING AUTHORITY OPEN FORUM
There were no public comments via teleconference.
M. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Commissioner/Councilmember McLaughlin
Seconded by Commissioner/Councilmember Johnson III
To approve all items on the Housing Authority Consent Calendar.
Ayes (6): Commissioners/Councilmembers Bates, Johnson III, McLaughlin, Willis, Vice Chairperson/Vice Mayor Martinez, and Chairperson/Mayor Butt Absent (2): Commissioner/Councilmember Jimenez and Housing Authority Tenant Commissioner Scott
Passed (6 to 2)
M.1 Third Contract Amendment with David Paul Rosen & Associates ADOPT a resolution approving a third contract amendment with David Paul Rosen & Associates to assist the Richmond Housing Authority in asset repositioning efforts of the public housing portfolio, in an amount of $366,000, for a new total not-to-exceed amount of $1,003,740, with a term ending June 30, 2024 – Richmond Housing Authority (Nannette Beacham 510-621-1300).
Adopted Resolution No. 2172
M.2 Housing Authority Meeting Minutes
APPROVE the minutes of the Richmond Housing Authority November 15, 2022, special meeting - City Clerk's Office (Pamela Christian 510-620-6513).
M.3 Rental Assistance Demonstration (RAD) Program Application for Richmond Village
ADOPT a resolution authorizing the Richmond Housing Authority (RHA) to submit a Rental Assistance Demonstration (RAD) application and any Section 18 Disposition application elements required to support blending RAD and Section 18 Disposition programs to U.S. Department of Housing and Urban Development (HUD) for Richmond Village - Richmond Housing Authority (Nannette J.
Beacham 510-621-1300).
Adopted Resolution No. 2173
N. JOINT HOUSING AUTHORITY/RICHMOND CITY COUNCIL NEW BUSINESS N.1 Residual Receipts Loan to Assist in Financing the Rehabilitation of Nevin Plaza Subject
ADOPT a joint resolution authorizing the use of $1.75 million of American Rescue Plan Act (ARPA) funds and $1.75 million of Affordable Housing In Lieu Fee Funds to provide a residual receipts loan to Nevin Plaza I, L.P. to assist in financing the rehabilitation of Nevin Plaza; and AUTHORIZE the city manager or designee and Richmond Housing Authority (RHA) Executive Director to negotiate and execute loan documents – City Manager’s Office/Richmond Housing Authority (Shasa Curl 510-620-6512/Nannette J. Beacham 510-621-1300).
Richmond Housing Authority Executive Director Nannette Beacham presented and PowerPoint that highlighted the following: public benefits; funding gap; capitalized operating reserve; cost savings and proposed scope changes; options to
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cover the funding gap; and project timeline. Consultant Nora Lake-Brown of David Paul Rosen & Associates provided an update on negotiations and funding.
EAH Chief Real Estate Development Officer Welton Jordon provided information concerning air conditioning and interior finishes. Discussion ensued.
Mark Wassberg and Wayne Koide gave comments via teleconference. Further discussion ensued.
Motion by Commissioner/Councilmember McLaughlin
Seconded by Commissioner/Councilmember Johnson III
To approve the item and continue the application with the county to offer other amenities or potentially pay the city back from the funds it fronted.
Ayes (5): Commissioners/Councilmembers Johnson III, McLaughlin, Willis, Vice Chairperson/Vice Mayor Martinez, and Housing Authority Tenant Commissioner Scott
Noes (2): Commissioner/Councilmember Bates and Chairperson/Mayor Butt Absent (1): Commissioner/Councilmember Jimenez
Passed (5 to 3)
Adopted Housing Authority Resolution No. 2174 and City Council Resolution No. 169-22
O. ADJOURNMENT
There being no further business, the meeting adjourned at 7:08 p.m.
P. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 7:08 p.m. by Mayor Butt via teleconference.
Q. ROLL CALL
Present: Councilmembers Bates, Johnson III, McLaughlin, Vice Mayor Martinez, and Mayor Butt. Absent: Councilmember Jimenez was absent for the entire meeting.
Councilmember Willis arrived after the roll was called.
R. STATEMENT OF CONFLICT OF INTEREST
Mayor Butt announced his recusal from Item AA.1 regarding the cannabis license ordinance because his architectural engineering firm had a contract with at least one cannabis dispensary in Richmond.
S. AGENDA REVIEW
Item Z.2 regarding the Terminal One project was moved for discussion immediately following the Consent Calendar. Item AA.3 a presentation by MCE was moved immediately following Item Z.2. Items X.4.c amending position control and AA.2 regarding an electric vehicle fleet were continued to the December 20, 2022, City Council meeting.
T. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Item C.1, workers' compensation claims, for claim 16000077 the council authorized a settlement. The motion passed with no objection. Claim 150000133 was approved by the council without objection.
Item C.2, liability claim, a settlement of the claim was approved by the council with a vote of five in favor, one against, and one absence.
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Item C.3, anticipated litigation, the council authorized further negotiation of resolution for one case. The second case was not discussed.
Item C.4, existing litigation, the council authorized a settlement without objection.
Item C.5, labor negotiations, the council received a status report and direction was given to continue the negotiations.
Item C.6, real property negotiations, the Miraflores matter was not discussed. A status report was given for the Terminal One matter and no reportable action was taken.
U. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl announced that sandbags were available for upcoming storms at the Richmond Bayview Library and Corp Yard. Senior and disabled citizens were encouraged to call the Public Works Streets Division at (510) 231-3011 to request sandbag delivery. Ms. Curl also announced that the Affordable Connectivity Program for a credit or free internet service was available to residents that received public benefits.
Ms. Curl encouraged eligible residents to receive enrollment support on November 10, 2022, at the Richmond Public Library or call/text (510) 866-2260.
V. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
Public Works Director Daniel Chavarria presented a PowerPoint that highlighted the following: neighborhood dumpster days; illegal dumping; encampment, parks, weed, and private property abatements; 235.6 total tonnage removed; graffiti removal; and partnerships.
W. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments via teleconference:
Phillip Rosenthal wished everyone happy holidays. Mr. Rosenthal suggested the city set up email addresses by council district. Mr. Rosenthal also suggested the city provide a way to connect to city virtual meetings, such as a button on the city's website for "upcoming meetings". Mr. Rosenthal urged the council to avoid hearing important matters after 11:00 p.m.
Mark Wassberg gave comments regarding the newly elected City Council candidates and the diversity of the community.
Karen Flemming gave comments in support of Item V, the abatement report. Ms.
Flemming agreed that the council should have official email addresses for city business.
X. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Johnson III
Seconded by Councilmember Willis
To approve all items on the Consent Calendar except Items AA.2 and X.4.c.
Ayes (6): Councilmember Bates, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, Vice Mayor Martinez, Mayor Butt Absent (1): Councilmember Jimenez
Passed (6 to 1)
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X.1 City Clerk's Office
X.1.a City Council Meeting Minutes
APPROVE the minutes of the Richmond City Council November 15, 2022, regular meeting - City Clerk's Office (Pamela Christian 510-620-6513).
X.2 Economic Development
X.2.a Congressman Garamendi Lease
APPROVE a lease with the United States House of Representatives to allow Congressman Garamendi to utilize approximately 845 square feet of office space, four cubicles, and a conference room on the second floor of 440 Civic Center Plaza as his Congressional District office, at a rate of $1,140.75 per month ($13,689 per year), for a two-year term from January 3, 2023, through January 2, 2025 – City Manager’s Office (Shasa Curl/Craig Murray 510-621-1612).
X.2.b Annual Solid Waste Rate Adjustment
ADOPT a resolution to update the 2023 solid waste collection rates - City Manager’s Office (Shasa Curl/Samantha Carr 510-620-5407).
Approved Resolution No. 170-22
X.2.c Richmond Promise Lease
APPROVE a lease with Richmond Promise, a community-wide college scholarship fund and college success initiative, for the use of approximately 592 square feet of office space at 440 Civic Center Plaza at a rate of $799.20 per month ($9,590.40 per year), for a three-year term from March 1, 2022, through January 2, 2025, with options to extend the lease term for two additional one year periods – City Manager’s Office (Craig Murray 510-621-1612).
X.3 Fire Department
X.3.a Regional Training Center for Richmond Fire Department and Berkeley Fire Department
RECEIVE a written report regarding Richmond Fire Department and Berkeley Fire Department’s effort to use the Richmond Fire Training Center as a regional training center for both agencies – Fire Department (Chief Angel Montoya 510-307-8041).
X.4 Human Resources
X.4.a Contract with Acclamation Insurance Management Services, Inc.
APPROVE a contract with Acclamation Insurance Management Services, Inc. to serve as the City's third-party administrator of workers' compensation claims for Fiscal Years 2022-2023 ($610,000), 2023-2024 ($628,300), and 2024-2025 ($647,147) for a total payment limit not to exceed $1,885,447 for the contract period of January 1, 2023, through December 30, 2025. The City would have an option to extend the term of the contract up to two years at an additional 3 percent cost per year for a total contract payment limit not to exceed $3,238,566 – Human Resources Department (Sharrone Taylor/Laura Marquez 510-620-6974).
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X.4.b Resolution Approving Side Letters to Implement a City Curtailment Plan from December 27 through and including December 30.
ADOPT a resolution approving the Side Letters between the City of Richmond and Service Employees International Union (SEIU) Local 1021 and International Federation of Professional and Technical Engineers (IFPTE) Local 21 (Mid-Management and Executive Management units) regarding holiday curtailment for 2022 - Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).
Adopted Resolution No. 171-22
X.4.c Amend Position Control and Salary Schedule to Add Director of Economic Development. Amend Position Control to add Deputy City Manager, Finance Manager and Management Analyst I/II or Senior Management Analyst
ADOPT a resolution amending position control and the salary schedule to add Director of Economic Development and APPROPRIATE the required wages, salaries, and benefits; and AMEND position control reallocating Deputy City Manager to oversee the Department of Children and Youth and Community Services, reallocating the Community Services Department Senior Accountant to Finance Manager, and reallocating the Office of Neighborhood Safety Division Project Coordinator and Accounting Assistant I/II to Management Analyst I/II or Senior Management Analyst – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6803).
Continued to the December 20, 2022, City Council meeting X.4.d Resolution to Adopt the IFPTE Local 21 Side Letter for Sworn Executive Management Personnel Sick Leave Cash-out
ADOPT a resolution approving the Side Letter agreement between the City and IFPTE Local 21 Executive Management Unit regarding sick leave cash-out at retirement for Sworn Executive Management Personnel – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).
Adopted Resolution No. 172-22
X.5 Library and Community Services
X.5.a Accept and Appropriate the Grant Award Notification: Workforce Innovation and Opportunity Act, Title II (WIOA II)
ADOPT a resolution to ACCEPT and APPROPRIATE the Workforce Innovation and Opportunity Act, Title II grant award of $50,945, to support educational programming offered at the library’s literacy services program, Literacy for Every Adult Program – Library and Community Services Department (Diana Lopez 510-620-5452/Abigail Sims-Evelyn 510-307-8084).
Adopted Resolution No. 173-22
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X.5.b North Richmond Waste and Recovery Mitigation Fee Expenditure Plan amendments
APPROVE the Amended 2021/2022 and 2022/2023 North Richmond Waste and Recovery Mitigation Fee Expenditure Plans, identifying the activities authorized to be funded with Mitigation Fee revenue and respective funding allocations for the period of July 1, 2021, to June 30, 2022, and July 1, 2022, to June 30, 2023, as recommended by the North Richmond Waste and Recovery Mitigation Fee Joint Expenditure Planning Committee – Library and Community Services Department (LaShonda White/Lori Reese-Brown 510-620-6869).
X.5.c Approve a Contract with Oakland Private Industry Council for RichmondWORKS Program Contracting Services
APPROVE a contract with the Oakland Private Industry Council to provide additional services as the Contracting and Vendor Pay Agent for RichmondWORKS, Employment and Training participants, in the form of Individual Training for Individual Training Accounts (ITAs) and On-the- Job Training (OJT) contracts, in an amount not to exceed $371,473.80, and for a term ending June 30, 2023 – Library and Community Services Department LaShonda White/Tamara Walker 510-307-8006).
X.5.d Grant Award from the East Bay Community Foundation ACCEPT and APPROPRIATE grant awards totaling $90,000 from the East Bay Community Foundation (EBCF) for the Office of Neighborhood Safety (ONS) Operation Peacemaker Fellowship Program – Library and Community Services Department (LaShonda White/Sam Vaughn 510-620-5404).
Adopted Resolution No. 174-22
X.5.e Donation from the Pema Chodron Foundation.
ACCEPT and APPROPRIATE a $10,000 donation from the Pema Chodron Foundation to the Office of Neighborhood Safety Operation Peacemaker Fellowship program – Library and Community Services Department (LaShonda White/Sam Vaughn 510-620-5404).
Adopted Resolution No. 175-22
X.5.f Lease Agreement with the YWCA of Contra Costa County for Use of Space for a Day Care Program.
APPROVE a lease agreement with YWCA of Contra Costa County for use of space for a day care program at the Richmond Recreation Complex building located at 3230 Macdonald Avenue, from July 1, 2022, to June 30, 2023, with the rate of $2,700 per month – Library and Community Services Department (LaShonda White/Ranjana Maharaj/Tetteh Kisseh 510-620-6972).
X.5.g Resolution to Accept and Appropriate Federal Transportation Authority Grant Funds
ADOPT a resolution authorizing the city to enter a cooperative agreement with the Federal Transit Administration and fulfill all other grant requirements; ACCEPT and APPROPRIATE $250,000 in grant funds awarded by the Federal Transit Administration Enhancing Mobility Innovation grant; AUTHORIZE a grant match in the amount of $62,500
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from the approved ECIA transportation budget; and APPROVE a second contract amendment with Via to provide software and ride sharing service for a term ending July 7, 2024, and to increase the contract limit by $312,500, for a new total contract limit not to exceed $1,650,731 – Library and Community Services Department (LaShonda White/ Denée Evans 510-621-1718).
Adopted Resolution No. 176-22
X.6 Public Works
X.6.a Purchase of Twelve (12) Ford F350 Trucks with 12’ Flatbeds APPROVE the purchase of twelve (12) 2023 Ford Super Duty F350 DRW with 12’ Flatbeds from National Auto Fleet Group, in an amount not to exceed $942,000, based in Sourcewell Contract 091521-NAF – Public Works Department (Daniel Chavarria/Dee Karnes 510-231-3044).
X.6.b Purchase of Ford Trucks - F150s and F250s
APPROVE the purchase of fifteen (15) 2023 Ford F150 and six (6) 2023 Ford F250 trucks from National Auto Fleet Group, in an amount not to exceed $1,054,000 based in Sourcewell Contract 091521-NAF – Public Works Department (Daniel Chavarria/Dee Karnes 510-231-3044).
X.6.c Proposed Contract Amendments for As-Needed Project Management Services for Capital Projects,Including Federally Funded Projects APPROVE on-call professional service contract amendments in the amount of $400,000 per vendor, with two-year term extensions through January 14, 2025, to provide as-needed project management services for capital projects, including federally funded projects, with the following three firms: Avila Project Management (APM) for a new total contract amount not to exceed $800,000, CSW | ST2 for a new total contract amount not to exceed $800,000, and mack5 for a new total contract amount not to exceed $1,200,000 – Public Works Department (Daniel Chavarria 510-620-5478/Yader A. Bermudez 510-774-6300).
X.6.d Hilltop Gateways Signage Project Sign #4
APPROVE a contract with Turner Signs for the Hilltop Gateways Signage Project Sign #4, located at Blume Drive and Richmond Parkway, in an amount not to exceed $230,000, including $208,000 low bid plus $22,000 contingency; and APPROPRIATE $230,000 from the Hilltop District Fund Balance – Public Works Department (Daniel Chavarria 510-620-5478).
Y. BUDGET SESSION
Y.1 Fiscal Year 2021-2022 Year-End Clean-Up
DISCUSS and DIRECT City staff about the use of the estimated Operating Surplus to clear the negative cash and other administrative budget adjustments listed in the attached resolution – Finance Department (Shasa Curl/Nickie Mastay/Delmy Cuellar 510-620-6790).
City Manager Shasa Curl introduced the matter. Director of Finance Delmy Cuellar and Budget Administrator Mubeen Qader presented a PowerPoint that highlighted the following: recession and impact; revenues and expenditures; options; reserve level; and next steps. Discussion ensued.
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Motion by Councilmember McLaughlin
Seconded by Councilmember Johnson III
To adopt said resolution approving Option 1 to clear the negative cash at once.
Ayes (4): Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, and Vice Mayor Martinez
Absent (3): Councilmember Bates, Councilmember Jimenez, and Mayor Butt Passed (4 to 3)
Adopted Resolution No. 177-22
Y.2 Fiscal Year 2022-23 Quarter 1 Budget Report
RECEIVE the Fiscal Year 2022-23 Quarter 1 Budget Report for the period of July 1, 2022, through September 30, 2022; and APPROVE proposed budget adjustments – Finance Department (Shasa Curl/Nickie Mastay/Delmy Cuellar 510-620-6790).
City Manager Shasa Curl introduced the matter. Director of Finance Delmy Cuellar, Budget Administrator Mubeen Qader, and Accounting Manager Antonio Banuelos presented a PowerPoint that highlighted the following: General Fund revenues; non-General Fund revenue and expenditures; capital projects; budget adjustments; labor negotiations and looming recession; and next steps.
Motion by Councilmember Willis
Seconded by Councilmember Johnson III
To receive said budget report and adopt said resolution.
Ayes (4): Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, and Vice Mayor Martinez
Absent (3): Councilmember Bates, Councilmember Jimenez, and Mayor Butt Passed (4 to 0)
Adopted Resolution No. 178-22
Z. PUBLIC HEARINGS
Z.1 Levy of Special Assessments for Fines and Costs Related to Unpaid Administrative Citations, Nuisance Abatements and Foreclosure Ordinance Fines
HOLD a public hearing; and ADOPT a resolution authorizing the City of Richmond to levy special assessments against certain properties with unpaid invoices related to administrative citations, nuisance abatement costs, and foreclosure ordinance fines pursuant to Richmond Municipal Code Chapters 2.62,
2.63, 6.38, 9.22 and 11.76 – Community Development Department (Lina Velasco/Eva Mann 510-621-1283).
Continued to the December 20, 2022, City Council meeting Z.2 Latitude Residential Subdivision (formally Terminal One Residential Project)
ADOPT a resolution for the Latitude Residential Subdivision (formerly the Terminal One Residential Project) either: 1) Certifying the Addendum to the 2016 Environmental Impact Report (EIR) and adopting the Mitigation Monitoring and Reporting Program (MMRP), and approving a Major Amendment to a Planned Area (PA) Plan with associated Major Design Review (DR), a Vesting Tentative
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Map (VTM), and a Conditional Use Permit (CUP) for park and residential uses within the Shoreline Overlay District, subject to conditions of approval; or 2) Certifying the Addendum to the 2016 EIR and adopting the MMRP and denying without prejudice the PA Plan Amendment with associated DR, and VTM based on the Planning Commission’s recommended findings; or 3) REMAND the project back to the Planning Commission to review the financial feasibility of the previous project and consider if conditions or refinements can be made to the Revised Project to make the project more superior - Community Development Department (Lina Velasco 510-620-6706).
Deputy City Clerk Ursula De Loa announced that it was time, pursuant to public notice, to hold a public hearing. Director of Community Development Lina Velasco and Senior Planner Roberta Felciano presented a PowerPoint that highlighted the following: background; project proposal; land disposition agreement; planned area plan amendment; vesting tentative map; conditional use permit; zoning and General Plan conformance; Design Review Board (DRB) and Planning Commission (PC) recommendations; environmental review; and options. Discussion ensued. The council expressed concerns regarding infill truckloads, traffic, and parking issues. The council requested staff to consider the following: using barges; eliminating the park and demolishing the wharf to allow more space and save funds; and establishing a deadline. Mayor Butt declared the public hearing opened. (At approximately 8:38 p.m., a motion made by Councilmember Bates, seconded by Councilmember Johnson III, to provide the developer, Paul Menzies of Laconia Development, an opportunity to make a ten-minute presentation passed by the following vote: Ayes: Councilmembers Bates, Johnson III, McLaughlin, Willis, and Vice Mayor Martinez. Noes:
Mayor Butt. Abstentions: None. Absent: Councilmember Jimenez). Mayor Butt ruled that one voluntary opponent would also be allowed to give a presentation of up to ten minutes. Mr. Menzies presented a PowerPoint presentation that highlighted the following: site plan and housing types; site issues; community benefits; public input; DRB and PC actions; and Richmond Yacht Club and Brickyard Cove Alliance for Responsible Development (BCARD) concerns. (At approximately 8:51 p.m., a motion made by Councilmember Bates, seconded by Vice Mayor Martinez, to allow Mr. Menzies an additional five minutes to complete his presentation passed by the following vote: Ayes: Councilmembers Bates, Johnson III, McLaughlin, Willis, and Vice Mayor Martinez. Noes: Mayor Butt. Abstentions: None. Absent:
Councilmember Jimenez). Mayor Butt ruled that the voluntary opponent would also be allowed to make a presentation of up to fifteen minutes. Mr. Mendies continued his presentation that highlighted the following: project recreation building and retail store; architectural illustrations; and support for Option 1. The following individuals gave comments via teleconference: Philip Rosenthal, Bruce Beyaert, and Allison Lehman. Brian Lewis of BCARD volunteered to give a fifteen-minute opponent’s statement that highlighted the following concerns: the DRB’s “narrow review window”; building height discrepancy; data gaps in the EIR and inadequacy; soils excavation and trucking traffic impact; and lack of information covered in the vesting tentative map. Mr. Lewis proposed a new “Option 4” returning the project back to the DRB for its review; tabling any further council action in terms of approving any particular aspects of the project; and sending the project back for a complete EIR, DRB, and PC review; updating and correcting the vesting tentative map; and then returning the project back to the council for its fully informed review and input. Mr. Lewis advocated not building a park at the project if it was not affordable. Mr. Lewis also expressed concerns regarding the following: potential transfer of community liability; the
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developer’s project financial status; and site contamination mitigation measures.
Mr. Lewis requested that the developer’s pro forma be made publicly available.
The following individuals proceeded to give comments via teleconference: John Stafford, Yvonne McHugh, Paula Lavine, Ida (last name not stated), Marjorie (last name not stated), Beth Konclair, Kim Desenberger, Robert Kish, Jeff Vines, Anthony Kleppe, Mike Josselyn, Thomas Knowles, Bruce Brubaker, Jeff Shukis, Will Anderson, Jonathan Livingston, JSM, Susan Hubbard, Mike Lederer, Leisa Johnson, and Judith Krawley. Mayor Butt closed the public hearing. Further discussion ensued. (At approximately 10:33 p.m., a motion made by Councilmember Johnson III, seconded by Councilmember Willis, to call the question to end debate passed by the following vote: Ayes: Councilmembers Johnson III, McLaughlin, Willis, and Vice Mayor Martinez. Noes: Mayor Butt. Abstentions: None. Absent: Councilmembers Bates and Jimenez).
Motion by Councilmember Willis
Seconded by Councilmember McLaughlin
To accept the new Option 4 proposed by the project opponent, Brian Lewis, (returning the project back to the DRB for its review; tabling any further council action in terms of approving any particular aspects of the project; and sending the project back for a complete EIR, DRB, and PC review; updating and correcting the vesting tentative map; and then returning the project back to the council for its fully informed review and input). A friendly amendment made by Councilmember McLaughlin, that the communities ideas be heard and addressed and also that a goal of a deadline of at least four to six months be put in effect so the matter was returned to the council in a timely fashion with a side note that the council could adjust the deadline if the Planning Division determined that it was not enough time, was accepted with another side note by the motion maker to ensure a certain amount of flexibility on the deadline for staff to return to the council.
Ayes (4): Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, and Vice Mayor Martinez
Noes (1): Mayor Butt
Absent (2): Councilmember Bates, and Councilmember Jimenez Passed (4 to 3)
The proposed resolution was not adopted.
Z.3 Amendments to Richmond Municipal Code Article VIII Chapter 8.16 INTRODUCE an ordinance (first reading) with an effective date of January 1, 2023, amending Richmond Municipal Code (RMC) Article VIII (Fire) Chapter
8.16 (Fire Prevention Code) by adopting the 2022 California Fire Code with noted local amendments – Fire Development Department (Eric Govan/Eric Munson (510-307-8046)
Continued to the December 20, 2022, City Council meeting AA. NEW BUSINESS
AA.1 Council Direction on Requested Changes to Cannabis License Ordinance PROVIDE direction to City staff on whether amendments to the Cannabis Ordinance should be prepared increasing the number of cannabis retailer licenses – City Attorney’s Office (Dave Aleshire 510-620-6509). This item was continued from the November 22, 2022, meeting.
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Continued to the December 20, 2022, City Council meeting AA.2 Electric Vehicle Fleet
RECEIVE a presentation from MOTIV PS on the benefits of transitioning to an electric fleet – Vice Mayor Martinez (510-620-6593). This item was continued from the November 22, 2022, meeting.
Continued to the December 20, 2022, City Council meeting AA.3 MCE Presentation
RECEIVE a presentation from MCE – Mayor’s Office (Mayor Tom Butt 510- 620-6503).
MCE Community Development Manager Mariela Herrick and Director of Power Resources Lindsay Saxby presented a PowerPoint that highlighted the following:
mission and vision; member communities; MCE and City of Richmond accomplishments and collaborations; key drivers; planning and procurement process; sales and customers; supplier inventory; resource location; power content label; statistical highlights; MCE vs. PGE; and other considerations. Discussion ensued.
AB. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
Vice Mayor Martinez announced that he attended the new mayors "The First 100 Days" seminar hosted by the Bloomberg Harvard City Leadership Initiative from November 30 to December 2, 2022.
(At approximately 11:00 p.m., a motion made by Councilmember Willis, seconded by Councilmember Johnson III, to extend the meeting until 11:30 p.m. to discuss Items Y.1 and Y.2 passed by the following vote: Ayes: Councilmembers Johnson III, McLaughlin, Willis, and Vice Mayor Martinez. Noes: Mayor Butt. Abstained: None.
Absent: Councilmembers Bates and Jimenez).
(At approximately 11:03 p.m., Mayor Butt departed the meeting. Vice Mayor Martinez chaired the remainder of the meeting).
AC. ADJOURNMENT
There being no further business, the meeting adjourned at 11:28 p.m., in memory of Kabir Kapur, to meet again on December 20, 2022, at 6:30 p.m.
Clerk of the City of Richmond Mayor