SPECIAL CITY COUNCIL AGENDA
(The meetings are virtual)
Tuesday, January 10, 2023, 3:00 p.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.
http://www.ci.richmond.ca.us/list.aspx
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.
Public comment may be submitted by mail, eComment, email and/or Zoom video conference in the manner that follows, provided that no member of the public may submit more than one verbal comment per agenda item.
Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. eComments can be viewed by the City Council and members of the public as they are submitted.
Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.
Via email: to [email protected] by 12:00 p.m. the day of the meeting.
Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – agenda item #__ [include the agenda item number]. All such email with correctly labeled subject lines will be posted on-line and emailed to the City Council before the meeting is called to order. Email received after 1:00 p.m. will be posted on-line following the meeting as part of the supplemental materials attached to the meeting minutes.
Via Zoom by video conference: for Open Session and City Council: Please click the link below to join the webinar:
https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhlUldQOUF1Zz09 Passcode: ccmeeting
By iPhone one-tap: US: +16699006833,,99312205643# or +13462487799,,99312205643# By Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592 Webinar ID: 993 1220 5643
International numbers available: https://zoom.us/u/aehrwCgISx
To comment by video conference: click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. When called upon, press the unmute button. After the allotted time, you will then be re-muted. **
To comment by phone: you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:
https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. **
**The mayor will announce the agenda item number and open public comment when appropriate.
The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.
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.
Accessibility for Individuals with Disabilities:
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 3:00 p.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. ADJOURNMENT
January 10, 2023
City Clerk's Office
DATE: January 10, 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 10, 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 10, 2023, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
______________________________
Clerk of the City of Richmond
Approved:
Mayor
Approved as to form:
City Attorney