SPECIAL CITY COUNCIL AGENDA
(The meetings are virtual)
Monday, January 9, 2023, 10:00 a.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members
Thomas K. Butt, Mayor
Demnlus Johnson III, Councilmember at Large
Nathaniel Bates, Councilmember at Large
Claudia Jimenez, Councilmember District 6
Eduardo Martinez, Vice Mayor at Large
Melvin Willis, Councilmember District 1
Gayle McLaughlin, Councilmember District 5
Link to City Council Agendas/Packets
http://www.ci.richmond.ca.us/4157/City-ofRichmond-Council-Meetings Register to receive notification of new agendas, etc.
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CORONAVIRUS DISEASE (COVID-19) ADVISORY
PURSUANT to the Governor of the State of California’s Assembly Bill 361 and in the interest of the public health and safety, attendance at the City of Richmond City Council meeting will be limited to Council members, essential City of Richmond staff, and members of the news media. Public comment will be confined to items appearing on the agenda and will be limited to the methods provided below.
How to watch the meeting from home:
KCRT – Comcast Channel 28 or AT&T Uverse Channel 991.
Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live2.
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AB 361 Procedures in the Event of Technical Difficulties: In the event the meeting broadcast is disrupted, or if a technical issue on the agency's end disrupts public participation, the legislative body board cannot take any further action on the agenda until the technical issue is resolved.
Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31.
Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-and- forth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 1 p.m. the day of the meeting).
Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.
The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar. Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.
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Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509. Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.
Effect of Advisory on In-person public participation: During the pendency of assembly Bill 361, the language in this Advisory portion of the agenda supersedes any language contemplating in-person public comment.
Unless otherwise noted in an agenda description, all actions taken by the Council include a determination that CEQA does not apply (i.e., the action is not a project and therefore exempt from CEQA).
Disclaimer: The City Clerk's Office translates agendas to enhance public access. Translated agendas are provided as a courtesy and do not constitute legal notice of the meeting or items to be discussed. In case of discrepancy, the English agenda will prevail.
Pages
A. SPECIAL COUNCIL MEETING OF THE RICHMOND CITY COUNCIL 10:00 a.m.
B. ROLL CALL
C. PUBLIC COMMENT INSTRUCTIONAL VIDEO
D. STATEMENT OF CONFLICT OF INTEREST
E. AGENDA REVIEW
F. PUBLIC COMMENT – (limited to items on the agenda only) G. CITY COUNCIL CONSENT CALENDAR
G.1 Canvass the returns of the recount of the November 8, 2022, General Election District 2 Ballots
5 ADOPT a resolution Declaring the Canvass of Returns and Results of the General Municipal Election held on November 8, 2022, for District 2 – City Clerk’s Office (Pamela Christian 510-620-6513).
H. NEW BUSINESS
H.1 Approve the City Manager’s proclamation of a local emergency due to flooding in Richmond and large landslide on a hillside on Seaview Drive 19 ADOPT a resolution ratifying the proclamation of a local emergency in the City of Richmond issued by the city manager (Director of Emergency Services) on January 3, 2023, due to heavy rains, flooding, and a large landslide on a hillside on Seaview Drive that forced the evacuation of residents in the impacted area – City Manager’s Office (Shasa Curl 510-620-6512) I. ADJOURNMENT
January 9, 2023
City Clerk's Office
DATE: January 9, 2023
TO: Mayor Butt and Members of the City Council
FROM:
Pamela Christian, City Clerk
Subject:
Canvas of Returns – November 2022 General Election for
District 2
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The City Council must adopt a resolution confirming and accepting the final results of the votes cast in the
November 8, 2022, General Municipal Election for District
2. This resolution must be adopted before the newly
elected Mayor and Councilmembers are sworn in on
January 10, 2023.
RECOMMENDED ACTION:
ADOPT a resolution Declaring the Canvass of Returns
and Results of the General Municipal Election held on
November 8, 2022, for District 2 – City Clerk’s Office
(Pamela Christian 510-620-6513).
BACKGROUND
On June 21, 2022, the City of Richmond adopted Resolution No. 79-22 (attached) calling and giving notice of the holding of a municipal election to be held on Tuesday, November 8, 2022, for the election of certain officers as required by the provisions of the Charter of said City, requesting the Board of Supervisors of the County of Contra Costa consolidate the municipal election with the statewide general election held on November 8, 2022, and adopting regulations for candidates for elective office AGENDA
REPORT
January 9, 2023
pertaining to candidates’ statements submitted to the voters, costs of candidates’ statements and other fees, word limit for candidates’ statem ents, and action to be taken in case of a tie vote.
Pursuant to the provisions of the Elections Code, the Contra Costa County Elections Department canvassed the returns of the votes cast in the City of Richmond at the General Election held on November 8, 2022, for candidates and Measure P (rent ordinance amendment) submitted to the electorate.
On December 2, 2022, County Clerk Deborah Cooper certified the results of the election). District 2 votes resulted in a tie with candidates Andrew Butt and Cesar Zepeda both receiving 1921 votes. Pursuant to Resolution No. 79-22, if two or more candidates for mayor or in a district receive an equal and the highest number of votes, the City Clerk shall summon the candidates receiving the tie vote to appear before her to break the tie by lot. On Tuesday, December 6, 2022, at 9:00 a.m. in the Richmond City Council Chambers, the tie was broken, and Cesar Zepeda won the tie breaker and was named the Councilmember for District 2.
On December 20, 2022, the City Council adopted Resolution No. 179-22 confirming and accepting the final results of the votes cast in the November 8, 2022, General Municipal Election and the results of the tie breaker at its December 20, 2022, meeting.
Following the tie breaker, a recount of the physical ballots was requested by District 2 Candidate Andrew Butt. Upon completion of the recount, on December 23, 2022, County Clerk Deborah Cooper certified the results of the recount for the City of Richmond District 2, votes cast in the November 8, 2022, General Municipal Election:
Andrew Butt received 1918 votes and Cesar Zepeda received 1921 votes.
The City Council must adopt a resolution confirming and accepting the final results of the recount of the votes cast in the November 8, 2022, General Municipal Election for District 2 prior to the swearing in of the newly elected Mayor and Councilmembers set for January 10, 2023.
DOCUMENTS ATTACHED:
Attachment 1 - Resolution to Certify the Canvass of the November 8, 2022, General Election recount for District 2
Attachment 2 - Certification of County Clerk as to the results of the Canvass of the City of Richmond District 2 - November 8, 2022, General Election Attachment 3 – Resolution No. 79-22 – Calling for the November 8, 2022, Election
Reso. No.
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, DECLARING THE CANVASS OF RETURNS AND RESULTS OF THE RECOUNT OF DISTRICT 2 VOTES OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022
WHEREAS, the Council of the City of Richmond duly called and ordered held in said City on Tuesday, the 8th day of November 2022, an election consolidated with the General Municipal Election to elect municipal officers; and
WHEREAS, said General Municipal Election was held on Tuesday, November 8, 2022, in accordance with law and the Charter of said City and with Chapter 2.16 of the Municipal Code of the City of Richmond, and the votes thereat received and canvassed, and the returns thereof ascertained, determined, and declared in all respects as required by law.
NOW THEREFORE BE IT RESOLVED by the Council of the City of Richmond, as follows:
1. That the statement of the County Clerk of the County of Contra Costa of the recount for District 2, set forth in Exhibit “A” attached hereto and by this reference made a part hereof, is hereby approved and adopted and is hereby entered on the Minutes of this Council as a statement of the result of said election.
2. That the total number of votes given to the positions of Councilmember for District 2 was as follows:
COUNCILMEMBER – DISTRICT 2 (Four Year Term)
Andrew Butt 1918 – 49.96%
Cesar Zepeda 1921 – 50.04%
3. That at said General Municipal Election the following named person received the largest number of votes for the office of Councilmember within District 2 and was, therefore, duly elected to the office for which they were a candidate, and having received the largest number of votes cast for any person for such office is hereby declared to be duly and regularly elected to such office for the term commencing January 10, 2023, and the City Clerk is hereby directed to issue a Certificate of Election to said person, certifying their election to the office appearing after their name, and to administer to said person the oath of office prescribed by the Constitution and laws of the State of California and the Charter of said City, to wit:
Cesar Zepeda Councilmember – District 2 (four-year term)
Reso. No.
I certify that the foregoing resolution was adopted by the Council of the City of Richmond at a special meeting held on January 9, 2023, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
______________________________
Clerk of the City of Richmond
Approved:
Mayor
Approved as to form:
City Attorney
January 9, 2023
City Manager's Office
DATE: January 9, 2023
TO: Mayor Butt and Members of the City Council
FROM:
Shasa Curl, City Manager
Dave Aleshire, City Attorney
Angel Montoya, Fire Chief
SUBJECT:
Approve the City Manager’s proclamation of a local
emergency due to flooding in Richmond and large
landslide on a hillside on Seaview Drive
FINANCIAL IMPACT: There is no financial impact related to this item.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
On January 3, 2023, the City Manager, in her capacity as Director of Emergency Services, proclaimed a local
emergency due to heavy flooding from severe winter
storms and a geologic hazard/landslide on the slope
above the Seacliff development in Richmond. The City
Council must approve this proclamation of local
emergency within seven days of making such a
proclamation or else it will lapse.
RECOMMENDED ACTION:
ADOPT a resolution ratifying the proclamation of a local emergency in the City of Richmond issued by the city
manager (Director of Emergency Services) on January 3,
2023, due to heavy rains, flooding, and a large landslide on a hillside on Seaview Drive that forced the evacuation of residents in the impacted area – City Manager’s Office (Shasa Curl 510-620-6512)
AGENDA
REPORT
January 9, 2023
DISCUSSION:
The entire Bay Area, including Richmond , has experienced heavy rains and flooding, including an atmospheric river, throughout December of 2022 , and is still experiencing a parade of storms the first two weeks in January. On January 3, 2023, it was reported that a hillside on Seaview Drive, with an APN of 560-330-041, was showing signs of a significant landslide as a result of the December rains and atmospheric river.
As a result of a possible landslide, the City’s consultant NCE and subconsultant Cal Engineering & Geology, Inc. evaluated photos provided by the City of the landslide and aerial imagery available on Google Earth Pro of the hillside above Seacliff Drive. They determined that “there is a large landslide on the hillside that has definitive evidence of a head scarp in the area near the top of the ridge and lateral margins that extend down to Seaview Drive and possibly beneath and beyond Seaview Drive.” The head is the upslope portion of the landslide, and the scarp is the steeply inclined failure surface with exposed rock and soil. The consultants strongly recommended that the eight (8) homes on Seaview Drive and the seven (7) homes on Seacliff Way immediately west of and closest to Seacliff Drive be evacuated until the landslide could be more thoroughly evaluated. The consultants recommended the evacuations be done immediately to reduce the potential for life safety issues that could result for movement of the landslide, particularly considering the forecasted amount of rain that was to fall that night and over the next several days.
Based on this information, on the evening of January 3, 2023, the City Manager, in her capacity as Director of Emergency Services, proclaimed a local emergency , and the City of Richmond Emergency Operations Center (“EOC”) was activated to support the incident and additional incidents throughout the City due to the severe winter storms [Attachment 1, Emergency Proclamation]. The EOC is still activated and City staff members, including Fire and Police Department personnel, are staffing the EOC in the basement of the Richmond City Hall located at 450 Civic Center Plaza.
Due to additional storms approaching with anticipated heavy rainfall, and out of abundance of caution, residents of Seaview Drive and Seacliff Way were asked to evacuate, which included a total of 15 impacted homes. Fire and Police personnel knocked on doors within the impacted area to inform residents of the potential danger and provided evacuation notices with instructions. Of the 15 households, City personnel were unable to contact three (3) households, two (2) were out of town and ten (10) families decided to evacuate (with their pets). Due to heavy utilization of Red Cross throughout the State, City staff members were proactive and able to secure temporary shelter at the Hyatt Place in Emeryville for evacuated residents. These residents remain out of their homes until the Seacliff Homeowners’ Association completes remediation efforts to ensure the area is safe for reentry. City staff continues to monitor the situation, and as of January 5, 2023, have extended access to hotel rooms through January 9, 2023.
January 9, 2023
The Director of Emergency Services (City Manager) may request the City Council to proclaim the existence or threatened existence of a "local emergency” if the City Council is in session, or to issue such proclamation if the City Council is not in session. Since the City Council was not in session at the t ime, the City Manager declared the local emergency by proclamation. Whenever a local emergency is proclaimed by the Director, the City Council must ratify the proclamation within seven days thereafter or the proclamation will lapse [Richmond Municipal Code Section
2.20.060]. The proposed resolution is approving the proclamation of the emergency order so that it can remain in effect while the Seacliff Homeowners’ Association continues remediation efforts, and a determination is made that the residents may safely return to their homes [Attachment 2].
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation Declaring a Local Emergency Attachment 2 – Resolution Ratifying the Proclamation Declaring a Local Emergency
Reso. No. XX-22
RESOLUTION NO . ________
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND RATIFYING
THE PROCLAMATION BY THE DIRECTOR OF E MERGENCY SERVICES OF A
LOCAL EMERGENCY IN T HE CITY OF RICH MOND DUE TO HEAVY RAIN S,
FLOODING AND A SIGNIFICANT LANDSLIDE AT SEACLIF F DRIVE IN
RICHMOND CALIFORNIA
WHEREAS, California Government Code Section 8630 and Richmond Mun icipal Code Section 2.20.060 empower the Director of Emergency Servic es to proclaim the existence or threatened existence of a local emergency when a City is affected or likely to be affected by a public calamity and the City Council is not in session, provided that the emergency proclamation is ratified by the City Co uncil within seven days; and WHEREAS , the Director of Emergency S ervices of the City of Richmon d proclaim ed the e xistence of a loc al emergency on January 3, 202 3 due to heavy rains, flooding and a hillside on Seaview Drive showing s igns of a s ignificant landslide ; and WHEREAS, on January 4, 2023, California Governor Gavin Newsom proclaimed a state of emergency throughout California to support the ongoing response to the recent winter s torms; and
WHEREAS , said City Council does hereby find that the afore said co nditions o f extreme peril did warrant and necessitate the proclamation of the existence of a local emergency.
NOW, THEREFORE, BE IT HEREBY PROCLAIMED AND ORDERED, by the City Council of the City of Richmond that the City Council hereby ratifies the proclamation of a local emergency which was issued by the Director of Emergency Services.
BE IT FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this city shall be those prescribed by State law, by ordinances, and resolutions of Richmond and by the City of Richmond SEMS/NIMS Emergency Operations Plan and its Emergency Services Functions Annex as approved by the City Council on December 17, 2019.
BE IT RESOLVED AND ORDERED that City staff should assess local, state and federal sources that are available for cost recovery, assistance to persons displaced or for damage to property that may be caused by the local emergency.
BE IT FURTHER RESOLVED AND ORDERED that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Richmond, State of California.
**********************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held January 9, 2023, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
Reso. No. XX-22
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. XX-23, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on January 9, 2023.
Pamela Christian, Clerk of the City of Richmond