1 RICHMOND, CALIFORNIA,
February 7, 2023, 4:30 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 4:30 p.m. by Mayor Eduardo Martinez via teleconference.
B. ROLL CALL
Present: Councilmembers Soheila Bana, Doria Robinson, Melvin Willis, Cesar Zepeda, and Mayor Eduardo Martinez. Absent: Councilmember Claudia Jimenez and Vice Mayor Gayle McLaughlin arrived after the roll was called.
C. CLOSED SESSION
C.1 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
5. IAFF Local 188
6. Richmond Fire Management Association RFMA
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Stephenson v. City of Richmond
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
Californians for Homeownership, Inc. 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) Two cases:
2 In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching two 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 LEGAL COUNSEL - ANTICIPATED
LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
One Case
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
Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiator: Dave Aleshire and Lizeht Zepeda Negotiating parties:
Richmond Grown Under negotiation: Price and terms of payment Real Property Negotiations Property: 12th and Macdonald Agency negotiators: Dave Aleshire, Lina Velasco, and Jesus Morales Negotiating parties: SAA-EVI Richmond Partners, LLC Under negotiation: Price and terms of payment
D. PUBLIC COMMENT BEFORE CLOSED SESSION
None.
E. ADJOURN TO CLOSED SESSION
The meeting adjourned at 4:33 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The meeting was called to order at 6:35 p.m. by Mayor Eduardo Martinez via teleconference.
G. ROLL CALL
Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez.
Absent: None.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
Items O.2.a. (Adoption of the Richmond Bicycle and Pedestrian Action Plan BPAP) and O.6.b (Service agreement with Contra Costa District Attorney's Office to continue the community-based prosecution program) were removed from the Consent Calendar to be discussed after approval of the Consent Calendar.
3 K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
C.1 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
5. IAFF Local 188
6. Richmond Fire Management Association RFMA
A status report was given, and negotiators received direction.
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) · Stephenson v. City of Richmond - Direction for a settlement offer for mediation was approved by unanimous vote.
· Winehaven v. City of Richmond - Not discussed.
· Guidiville Rancheria of California, et al. v. United States of America, et al. - Not discussed.
· North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond - Not discussed.
Californians for Homeownership, Inc. v. City of Richmond - Not discussed.
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) · Two cases:
In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching two 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).
A status report was given and there was no reportable action.
C.4 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
· One Case
Not discussed.
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, LLC Under negotiation: Price and terms of payment
· Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiator: Dave Aleshire and Lizeht Zepeda Negotiating parties: Richmond Grown Under negotiation: Price and terms of payment
4 · Real Property Negotiations Property: 12th and Macdonald Agency negotiators: Dave Aleshire, Lina Velasco, and Jesus Morales Negotiating parties: SAA-EVI Richmond Partners, LLC Under negotiation: Price and terms of payment Not discussed.
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported that The Food Bank of Contra Costa & Solano would continue the bi-monthly Richmond Civic
Center Drive-Thru Distribution. The distribution time would be from 12:00 p.m. – 1:00 p.m.at Barrett Avenue & 25th Street. For more information contact https://www.foodbankccs.org/map-city/richmond/ or call the Richmond Transportation Department at (510) 621-1718
City Manager Curl also stated that Spark Point Contra Costa was offering several financial services to the community. Free tax preparation would begin on February 16, 2023, at 1000 Macdonald Avenue 510- 779-3200.
M. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
Public Works Director Daniel Chavarria presented a PowerPoint which highlighted the following: Illegal dumping; Encampment Abatement; Weed Abatement; RV Dismantling; Graffiti Removal; and Abatement Staff Hours.
N. OPEN FORUM FOR PUBLIC COMMENT
Catalin Kaser and Robert of Bike East Bay encouraged the City Council to support Item O.2.a. regarding the Richmond Bicycle and Pedestrian Action Plan.
Mark Wassberg gave comments regarding prostitution.
Jim Becker from the Richmond Community Foundation congratulated the city on how its dealt with climate issues. Mr. Becker also thanked the city for partnering in the upcoming vehicle recharging hub.
Naomi Williams announced that Juneteenth would be on Saturday, June 17, 2023.
Tarnel Abbott gave comments regarding Point Molate and the importance of the placement of and in public trust.
Councilmember Bana stated that the Caltrans Clean-Up Campaign would be on Friday, March 17, 2023.
O. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Cesar Zepeda
Seconded by Vice Mayor McLaughlin
Ayes (7): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor McLaughlin, and Mayor Eduardo Martinez Passed (7 to 0)
O.1 City Clerk's Office
O.1.a City Council Meeting Minutes
5 APPROVE the minutes of the Richmond City Council December 20, 2022, and January 17, 2023, regular meetings, January 9, January 10, and January 31, 2023, special meetings, and January 10, 2023, Swearing-In Ceremony - City Clerk's Office (Pamela Christian 510-620-6513).
O.2 Community Development
O.2.a Adoption of the Richmond Bicycle and Pedestrian Action Plan (BPAP) ADOPT a resolution approving the Richmond Bicycle and Pedestrian Action Plan (BPAP) – Community Development Department (Lina Velasco 510-620-6841/Hector Rojas 510-620-1220).
Councilmember Bana added the following to the resolution: NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council does hereby: 1) adopt the Richmond Bicycle and Pedestrian Action Plan, which is incorporated herein as Exhibit A to this resolution; and 2) directs staff to: a) emphasize on pedestrian safety around schools; b) collaborate with Contra Costa County to ensure coordinated planning for seamless bicycle and pedestrian paths connecting and serving residents of Richmond, North Richmond and El Sobrante; and c) seek funding to expand bicycle and pedestrian connectivity with strong coordination with neighboring jurisdictions (including City of San Pablo, City of El Cerrito, and Contra Costa County) to provide facilities in areas that are served by streets that traverse multiple jurisdictions including areas like North Richmond and El Sobrante.
Jim Hanson, Bruce Beyeart, and Mark Wassberg gave comments via teleconference.
Adopted Resolution No. 9-23.
Motion by Councilmember Soheila Bana
Seconded by Mayor Eduardo Martinez
Ayes (7): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor McLaughlin, and Mayor Eduardo Martinez
Passed (7 to 0)
O.3 Finance Department
O.3.a Contract for Online Registration and Bid Management System APPROVE a sole-source contract with PlanetBids, Inc. to provide an online vendor registration and bid Management System (BidsOnline), at an amount not to exceed $18,675 per year, for a period of three years with one two-year option to extend at the same cost and terms per year – Finance Department (Antonio Banuelos 510-620-6741/Ofelia Alvarez 510-620-6699).
O.3.b Investment and Cash Balance Report, and Monthly Overtime Reports for the Month of December 2022
RECEIVE the City’s Investment and Cash Balance Report and monthly Overtime Reports for the month of December 2022 – Finance Department (Nickie Mastay/Mubeen Qader 510-412-2077).
6 O.3.c Amendment of Authorized Signatures on the Local Agency Investment Fund (LAIF)
ADOPT a resolution revising the authorization list on the Local Agency Investment Fund (LAIF) accounts to reflect the current staff assignments in the Finance Department – Finance Department (Nickie Mastay/Mubeen Qader 510-412-2077).
Adopted Resolution No. 10-23.
O.4 Library and Community Services
O.4.a Love Your Block (LYB) Mini-Grant Program Fiscal Years 2022-2024 APPROVE the Fiscal Years (FY) 2022-2024 Love Your Block Mini- Grant (LYB Mini-Grant) program guidelines, application, final report, and grant award agreement; and AUTHORIZE the city manager or their designee to administer grant award agreements and disburse grant funds upon selection of recipients – Community Services Department (LaShonda White/Stephanie Ny 510-620-6563).
O.4.b Memorandum of Understanding with R&R Hospitality Academy for a Culinary Program at the Richmond Senior Center
APPROVE the Memorandum of Understanding between the City of Richmond and R&R Hospitality Academy, from January 1, 2023 to October 31, 2023, for a partnership to provide hot meals by R&R Hospitality to participants enrolled in programs at the Richmond Annex & Senior Center in exchange for the use of the Senior Center kitchen – Community Services Department (LaShonda White/Ranjana Maharaj/ Kymberlyn Carson-Thrower 510-620-6789).
O.4.c Disposition of the Library Book Van as a Donation to the Richmond Public Library Foundation
ADOPT a resolution authorizing a donation of the Library Book Van, a Mercedes-Benz Sprinter 2500 Cargo Van, to the Richmond Public Library Foundation, a 501(c)(3) organization which donated funding for the purchase of the vehicle to the City in 2014; and AUTHORIZE the city manager or designee to execute this disposition of the vehicle – Community Services Department (LaShonda White/Christopher Larsen 510-620-5524).
Adopted Resolution No. 11-23.
O.4.d Contracts with The Watershed Project and Groundwork Richmond for the Youth Outdoors Richmond Program
APPROVE sole-source contracts for The Watershed Project, in the amount of $61,200, to provide outdoor educational programming for the Youth Outdoors Richmond Program, for a term of February 1, 2023, to December 31, 2025; and Groundwork Richmond, in an amount of $59,208, to provide outdoor educational programming for the Youth Outdoors Richmond Program, for a term of February 1, 2023, to December 31, 2025 – Community Services Department (LaShonda White/Ranjana Maharaj/Stephanie Ny 510-620-6563).
O.4.e Amend Contract with The Glen Price Group to Develop Grant Proposal Applications
7 APPROVE a ninth contract amendment with the Glen Price Group to increase the contract payment limit by $150,000, for a new total contract amount not to exceed $488,085, to develop proposal content, drafts, and attachments necessary to submit final copies of grant applications to various agencies, and extend the term expiration to June 30, 2024 – Community Services Department (LaShonda White/Tamara Walker 510- 307-8006).
O.4.f Amendment to the 2022-2023 Employment & Training Department Budget
ADOPT a resolution to ACCEPT and APPROPRIATE into the Fiscal Year 2022-2023 budget $210,500 in federal funds awarded to the Employment & Training Department from the Construction Trades Workforce Initiative – Community Services Department (LaShonda White/Tamara Walker 510-307-8006).
Adopted Resolution No. 12-23
O.4.g Grant for electric vehicle solar charging arc to support the Richmond Car Share Program
ACCEPT and APPROPRIATE grant funds from Richmond Community Foundation (RCF Connects) in accordance with the grant to purchase a solar EV ARC; AUTHORIZE a grant match in the amount of $35,600 from the approved Environmental and Community Investment Agreement (ECIA) transportation budget; and APPROVE a first sole-source contract amendment with Envision Solar in an amount of $91,000, for a total not to exceed amount of 171,000, to acquire and manage one EV ARC, with contingency expenses to support the Community Carshare Program, with a term ending December 31, 2024 – Community Services Department (LaShonda White/Denée Evans 510-621-1718).
O.5 Mayor's Office
O.5.a Arts and Culture Commission Appointments
APPOINT Ted Bell II, Arts and Culture Commission, Seat #4, Term Expires January 31, 2027; Melody Kozma-Kennedy, seat #12, Term Expires January 31, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
O.6 Police Department
O.6.a Purchase of Encrypted Police Radios for Richmond Police Department APPROVE the purchase of 175 portable police radios and 150 mobile police radios from Motorola Solutions, to comply with the California Department of Justice directive, for an amount not to exceed $2,064,146.06 – Police Department (Chief Bisa French 510-621-1802).
O.6.b Proposed service agreement with Contra Costa County District Attorney's Office to continue the community-based prosecution program.
APPROVE a sole-source agreement with the Contra Costa County District Attorney's Office for the continued and dedicated services of a deputy district attorney who would be specifically assigned as Richmond's Community Based Prosecutor, in an amount not to exceed $100,000, from July 1, 2022, through June 30, 2023 - Police Department (Chief Bisa French 621-1802).
8 Police Chief Bisa French gave an overview. Discussion ensued.
Mark Wassberg, Deborah Bayer, Emily Ross, Deborah Small, Helene Burks, Naomi Williams, and Sara Cantor gave comments via teleconference.
A motion was made by Mayor Martinez, seconded by Councilmember Jimenez, revised the following language from Exhibit "A" Scope of Services Section 4: "with special focus on improving the prosecution of violent crimes"; and removed the following language in Section 5: "while pursuing every opportunity to take advantage of enhanced penalties to ensure that offenders are charged and incarcerated", passed by unanimous vote.
Motion by Mayor Eduardo Martinez
Seconded by Councilmember Claudia Jimenez
Ayes (7): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor McLaughlin, and Mayor Eduardo Martinez
Passed (7 to 0)
P. PUBLIC HEARINGS
P.1 Terminal One Disposition pursuant to Amended Land Disposition Agreement
ADOPT a resolution reviewing the terms of Amendment to Land Disposition Agreement for Terminal One Project and all outstanding objections by various Citizen Groups with respect to the Project and decide whether (i) to exercise the right to rescind the transaction and require the Property to be deeded back to the City and the Deposit returned to Developer; (ii) allow the sale and Project to continue forward; or (iii) direct staff to negotiate further revisions to the ALDA – City Attorney’s Office (Dave Aleshire 510-620-6509).
City Clerk Pamela Christian announced the public hearing item and City Attorney Dave Aleshire gave an overview. Discussion ensued. The City Council requested the developer's financial qualifications. Mayor Martinez opened the public hearing.
The proponent Paul Menzies, Laconia Development, LLC, was allowed eight minutes and opponents Brian Lewis, Brickyard Cove for Responsible Development (BCARD) and Steve Chamberlain were allowed a combines eight minutes to present to the council via teleconference.
The following individuals gave comments via teleconference: Patricia Tostenson, Michael Lederer, Susan Hubbard, Bruce Beyaert, Jordan De Staebler, Thomas Knowles, Leisa Johnson, Rick Willis, Sally Tobin, Pam Stello, Beth Conklin, Pat Armer, Scott, Eileen Lewis, Jeff Shukis, Susan Hubbard, Tarnell Abbott, and Marylou Clarke. Mayor Martinez closed the public hearing.
A motion was made by Councilmember Zepeda to adopt a resolution reviewing the terms of Amendment to Land Disposition Agreement for Terminal One Project and all outstanding objections by various Citizen Groups with respect to the Project and direct staff to negotiate further revisions to the ALDA working alongside the various Citizen Groups (BCARD and PRNC). AND for
9 immediately take over Brickyard Cove Road, along with accepting the $250 from the various HOA's and to allow them to continue maintaining the landscaping in that area. AND to have the city staff work on an Emergency Response Plan for that area, with a deadline of having the plan completed before the development is completed. The motion died for lack of a second.
(11:00 p.m. - A motion made by Councilmember Jimenez and Vice Mayor McLaughlin, extended the meeting until 11:30 p.m., passed by the unanimous vote of the City Council).
A motion was made by Vice Mayor McLaughlin, seconded by Councilmember Jimenez to exercise the right to rescind the transaction and require the property to be deeded back to the City and the deposit returned to the developer.
Councilmember Zepeda made a friendly amendment to accept Brickyard Cove Road by September 2023, if not earlier and initiate an emergency response plan with select community members to help along with staff to assist with an emergency plan for this area. The friendly amendment was not accepted. (11:30 p.m. - A motion made by Vice Mayor McLaughlin, seconded by Councilmember Robinson, suspended the rules and extended the meeting to complete Item P.1., passed by the following vote: Ayes: Councilmembers Bana, Jimenez, Robinson, Zepeda, Vice Mayor McLaughlin, and Mayor Martinez. Noes:
None. Absent: Councilmember Willis. Abstain: None.
Attorney Aleshire requested flexibility from the City Council in approving the modified resolution with the existing basic provisions related to the details to rescind the transaction. Vice Mayor McLaughlin accepted inclusion of the request in the motion.
Adopted Resolution No. 13-23.
Motion by Vice Mayor McLaughlin
Seconded by Councilmember Claudia Jimenez
Ayes (5): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Cesar Zepeda, and Vice Mayor McLaughlin
Noes (1): Mayor Eduardo Martinez
Absent (1): Councilmember Melvin Willis
Passed (5 to 1)
P.2 THIS ITEM HAS BEEN CONTINUED TO THE FEBRUARY 21, 2023, CITY COUNCIL MEETING.
Public Hearing to Consider Encroachment Agreement Application Approval APPROVE an Encroachment Agreement Application for private landowner fence encroachment into the unimproved public right of way at 130 E. Scenic Avenue; and AUTHORIZE the City to enter into a recorded Encroachment Agreement regarding same, to be recorded on the landowner’s property title - Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-520-5477).
P.3 THIS ITEM HAS BEEN CONTINUED TO THE FEBRUARY 21, 2023, CITY COUNCIL MEETING.
Public Hearing to Consider Encroachment Agreement Application Approval
10 APPROVE an Encroachment Agreement Application for private landowner fence encroachment into the unimproved public right of way at 8 Western Drive; and AUTHORIZE the City to enter into a recorded Encroachment Agreement regarding same, to be recorded on the landowner’s property title - Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-520-5477).
Q. BUDGET SESSION
Q.1 Budget Presentation
RECEIVE budget presentations from the City Manager, Capital Improvement Projects, Internal Services (Information Technology, Human Resources, Finance), Economic Development, City Clerk, City Council, Mayor’s Office - Finance Department (Shasa Curl/Delmy Cuellar 510-620-6790).
CONTINUED to the February 21, City Council meeting.
R. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
None.
S. ADJOURNMENT
There being no further business, the meeting adjourned at 11:39 p.m., in memory of Carmen Lee, to meet again on February 21, 2023, at 6:30 p.m.
Clerk of the City of Richmond Mayor