1 RICHMOND, CALIFORNIA,
January 17, 2023, 4:00 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 at 4:01 p.m. by Mayor Eduardo Martinez via teleconference.
B. ROLL CALL
Present: Councilmembers Claudia Jimenez, Gayle McLaughlin, Doria Robinson, Melvin Willis, and Mayor Eduardo Martinez. Absent: Councilmembers Soheila Bana and Cesar Zepeda arrived after the roll was called.
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL- WORKERS’
COMPENSATION CLAIM (Pursuant to Government Code Section 54956.95)
• Claimant: Employee - Police Department
Claims: 21000016COR
Agency Claimed Against: City of Richmond
• Claimant: Employee - Police Department
Claims: 20000073COR, 20000110COR
Agency Claimed Against: City of Richmond
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Winehaven v. City of Richmond
Guidiville Rancheria of California, et al. v. 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 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 three letters to this agenda. 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).
C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
2 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
5. IAFF Local 188
6. Richmond Fire Management Association RFMA
C.5 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
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items under the Closed Session Agenda only)
Brian Lewis from Brickyard Cove Alliance for Responsible Development gave comments regarding Item C-3 and stated there are important unresolved issues and concerns by the residents regarding the project.
Kevin Tisdale and Fidencio Morales, members of SEIU Local 21, urged the city council to consider the union's contract proposal.
E. ADJOURN TO CLOSED SESSION
The meeting adjourned at 4:13 p.m.
F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The meeting was called to order at 6:51 p.m. by Chair Eduardo Martinez via teleconference.
G. ROLL CALL
Present: Commissioners Soheila Bana, Claudia Jimenez, Gayle McLaughlin, Doria Robinson, Melvin Willis, Cesar Zepeda, Chair Eduardo Martinez, 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 OPEN FORUM
None.
3 L. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Commissioner Claudia Jimenez
Seconded by Commissioner Gayle McLaughlin
Ayes (6) Commissioners Claudia Jimenez, Gayle Mclaughlin, Doria Robinson, Melvin Willis, Cesar Zepeda, Chair Eduardo Martinez, and Tenant Commissioner Jaycine Scott.
Abstentions (1): Councilmember Soheila Bana
Passed (6 to 0)
L.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. 2176.
L.2 Housing Authority Minutes
APPROVE the minutes of the December 6, 2022, Special Joint Meeting of the Richmond Housing Authority/Richmond City Council - City Clerk's Office (Pamela Christian 510-620-6513).
M. ADJOURNMENT
The meeting adjourned at 6:59 p.m.
N. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The meeting was called to order by Mayor Eduardo Martinez at 6:59 p.m. via teleconference.
O. ROLL CALL
Present: Councilmembers Soheila Bana, Claudia Jimenez, Gayle McLaughlin, Doria Robinson, Melvin Willis, Cesar Zepeda, and Mayor Eduardo Martinez. Absent: None.
P. STATEMENT OF CONFLICT OF INTEREST
None.
Q. ELECTION OF THE NEW VICE MAYOR FOR 2023
A motion by Councilmember Claudia Jimenez, seconded by Councilmember Melvin Willis elected Councilmember Gayle McLaughlin as Vice Mayor for 2023, by the following vote: Ayes: Councilmembers Soheila Bana, Claudia Jimenez, Gayle McLaughlin, Doria Robinson, Melvin Willis, Cesar Zepeda, and Mayor Eduardo Martinez. Noes: None. Absent: None. Abstain: None.
R. AGENDA REVIEW
Item W.1.a. was removed from the Consent Calendar for discussion at the end of the agenda. Item W.4.a. was continued to the February 7, 2023, City Council meeting.
S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
City Attorney Dave Aleshire reported the following:
4 Item C.1- CONFERENCE WITH LEGAL COUNSEL- WORKERS’
COMPENSATION CLAIM (Pursuant to Government Code Section 54956.95) Claimant: Employee - Police Department
Claims: 21000016COR
Agency Claimed Against: City of Richmond
Claimant: Employee - Police Department
Claims: 20000073COR, 20000110COR
Agency Claimed Against: City of Richmond
Settlement authority was given and was passed unanimously by the City Council.
Item C.2- CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Winehaven v. City of Richmond; Guidiville Rancheria of California, et al. v. United States of America, et al.;North Coast Rivers Alliance et al./Point Molate Alliance et al. v.
City of Richmond
Status report given. No action taken.
Item C.3- 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 three letters to this agenda. 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).
Status report given. No action taken.
Item C.4- C.4- CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations: SEIU Local 1021 Full Time Unit and Part Time Unit; IFPTE Local 21 Mid-Level Management Unit and Executive Management Units;Richmond Police Officers Association RPOA; Richmond Police Management Association RPMA; IAFF Local 188; Richmond Fire Management Association RFMA
Not discussed. Continued to the January 24, 2023, City Council meeting.
Item C.5- C.5- 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, LLCUnder negotiation: Price and terms of payment
Not discussed. Continued to the January 24, 2023, City Council meeting.
5 T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl requested input for the Richmond Green Blue New Green deal survey, https://bit.ly/Richmond-GBND-survey. For any questions, contact the consultant Appraccel, LLC at, [email protected]. Additional information was also available regarding the Richmond Green-Blue New Deal and Just Transition visit, Green-Blue New Deal and Just Transition at the city's website.
Ms. Curl also stated that The North Richmond Mobile Tool Library would have a grand opening on Saturday, January 21, 2023, from 11:00 p.m. to 2:00 p.m. at the North Richmond Missionary Baptist Church parking lot, 1401 Fred Jackson Way. There would be a bike repair workshop led by Rich City Rides, community resource tables, lunch, and goodie bags. For more information contact [email protected]. or 510-620- 6512.
U. REPORT FROM THE REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
Chair of the Reimagining Task Force Deborah Smalls presented a report, which highlighted the following: city funded youth programs; recommendation for increased funds for unhoused interventions; recommended funding for the Office of Neighborhood safety; and hosted forums on existing and future proposals.
Deputy City Manager Lashonda White stated Urban Strategies would present an update regarding the community crisis response and the implementation of a mental health crisis program center to the City Council at its January 24, 2023, or February 7, 2023, City Council meeting.
V. OPEN FORUM FOR PUBLIC COMMENT
Mark Wassberg gave comments regarding an incident at Alvarado Park.
Tarnell Abbott read a poem titled "We Speak of Hope."
W. CITY COUNCIL CONSENT CALENDAR
To APPROVE all Consent Calendar items with the exception of Item W.1.a (Continued Use of Teleconferencing) and W.4.a (Contract for Cost Allocation Plan) Motion by Councilmember Claudia Jimenez
Seconded by Vice Mayor Gayle McLaughlin
Ayes (6): Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez
Abstentions (1): Councilmember Soheila Bana
Passed (6 to 0)
W.1 City Clerk's Office
W.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
6 Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620- 6513).
City Clerk Pamela Christian and I.T. Director Sue Hartman gave an overview. AB 361 gives jurisdictions the option to meet virtually. The city council would return to in-person meetings March 2023, but could also return to in-person meetings again if necessary.
Deborah Smalls gave comments via teleconference.
Adopted Resolution No. 3-23.
Motion by Vice Mayor Gayle McLaughlin
Seconded by Councilmember Melvin Willis
Ayes (7): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez
Passed (7 to 0)
W.1.b City Council Meeting Minutes
APPROVE the minutes of the December 6, 2022, Special Joint Meeting of the Richmond Housing Authority/Richmond City Council and Regular Meeting of the Richmond City Council - City Clerk's Office (Pamela Christian 510-620-6513).
W.2 City Manager's Office
W.2.a Amendment to contract with Colantuono, Highsmith, & Whatley, PC for legal representation related to PG&E’s Franchise Agreements with the City
APPROVE a fifth amendment to the contract with Colantuono, Highsmith, & Whatley, PC for legal representation, to increase contract payment limit by $50,000, for a new total contract amount not to exceed $334,000, while maintaining the term expiration date of June 30, 2023 – City Manager’s Office (Shasa Curl/Shannon Moore 510-620-6505).
W.3 Community Development
W.3.a Amendment to Emergency Security Services Contract with Ascend Professional Services, LLC for the Castro Encampment
APPROVE a first amendment to the contract with Ascend Professional Services, LLC., in the amount of $175,000, for a total contract amount not to exceed $375,000, to provide security guard services, for up to three guards, 24 hours a day, seven days a week, with an extended contract term through March 31, 2023 – Community Development Department (Lina Velasco/Jesus M. Morales 510-620-6706).
W.4 Finance Department
W.4.a Contract for Cost Allocation Plan
CONTINUED to the February 7, 2023, City Council meeting.
7 APPROVE a contract in the amount of $17,290 with Matrix Consulting Group to develop a Cost Allocation Plan to direct staff from the Finance Department and Richmond Rent Program to prepare the Full Cost Allocation Plans that adheres to both Government Code Section 50076 and Richmond Municipal Code Section 11.100.060(l), for a term beginning January 18, 2023, through January 17, 2025 – Finance Department (Shasa Curl/Nicolas Traylor/Mubeen Qader 510-412-2077).
W.4.b Compliance with Developer Fees Reporting Requirements of Sections 66006 and 66001 of the Government Code
RECEIVE the annual year-end developer fee report as required pursuant to Section 66006 of the Government Code – Finance Department (Mubeen Qader 510-412-2077/Vrenesia Ward 510-621-1211).
W.4.c Investment and Cash Balance Report, and Monthly Overtime Reports for the Month of November 2022
RECEIVE the City’s Investment and Cash Balance Report and monthly Overtime Reports for the month of November 2022 – Finance Department (Nickie Mastay/Mubeen Qader 510-412-2077).
W.5 Fire Department
W.5.a Amendments to Richmond Municipal Code Article VIII Chapter 8.16 ADOPT an ordinance (second 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 Department (Eric Munson 510- 307-8144).
Adopted Ordinance No. 01-23 N.S.
W.6 Human Resources
W.6.a Resolutions amending staffing (position control) for the Office of the Mayor/Police Department and amending the salary schedule retroactive to October 4, 2022
ADOPT resolutions amending staffing (position control) for the Office of the Mayor and Police Department and amending the salary schedule for the Communications Dispatcher II (Per Diem), Communications Dispatcher III, Communications Shift Supervisor, and Director of Public Works classifications; and APPROPRIATE associated salaries, wages, and benefits as required – Human Resources Department (Nickie Mastay/ Sharrone Taylor 510-620-6602).
Adopted Resolution No. 4-23 - Position control for the Office of the Mayor and Police Department.
Adopted Resolution No. 5-23 - Amending salary schedule for Communications Dispatcher II, Communications Dispatcher III, Communications Shift Supervisor, and Director of Public Works Classifications.
W.7 Public Works
W.7.a Emergency Justification Repair Purchase Order for Heating, Ventilation, and Air Conditioning (HVAC) Duct System Replacement at the Developing Personal Resource Center (DPRC)
8 APPROVE an Emergency Justification purchase order in an amount not to exceed $60,259, for Bay City Mechanical Service, LLC. to install a new Heating, Ventilation, and Air Conditioning (HVAC) duct system for the Developing Personal Resource Center (DPRC) located at 1900 Barrett Avenue – Public Works Department (Daniel Chavarria 510-620- 5478/Yader A. Bermudez 510-774-6300)
X. BUDGET SESSION
X.1 Budget Presentation
RECEIVE a presentation from the city manager and the Public Works department - Public Works Department (Shasa Curl 510-620-6512/Mubeen Qadar 510-412- 2077/Daniel Chavarria 510-620-5478).
Public Works Director Daniel Chavarria presented the Public Works Department budget. Discussion ensued. Discussion from the presentation highlighted tracking spending data by district could begin to be tracked with the Fiscal Year 2023-24 budget and. Key filling vacant positions should be filled within the next six months, and Mr. Chavarria also reported that the Capital Improvement Plan Budget would be presented at the February 7, 2023, City Council Meeting.
Emily Ross and Jamin Purcell gave comments via teleconference.
Y. NEW BUSINESS
Y.1 City of Richmond Emergency Operations Center (EOC) Status RECEIVE a presentation from the City of Richmond Emergency Operations Center (EOC) regarding the status of the Emergency Operations Center as of January 11, 2023 – Fire Department (Angel Montoya 510-307-8041).
Fire Chief Montoya gave a presentation which highlighted the following: Seaview Incident; Current EOC Update; Seaview Hillside Stabilization Efforts; Fire Department Update; and Evacuee Communication. Discussion ensued.
Lea Murray gave comments via teleconference.
(11:01 p.m. - On motion of Councilmember Willis, seconded by Councilmember Jimenez, extended the meeting 10 minutes, by the unanimous vote of the City Council).
Z. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
None.
AA. ADJOURNMENT
There being no further business, the meeting adjourned at 11:05 p.m., in memory of Lela Madison and Dedon G. Jaga, to meet again on January 24, 2023, at 6:30 p.m.
Clerk of the City of Richmond Mayor