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RICHMOND, CALIFORNIA, March 7, 2023
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 4:31 p.m. by Vice Mayor Gayle McLaughlin.
B. ROLL CALL
Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, and Vice Mayor Gayle McLaughlin. Absent: Councilmembers Melvin Willis and Cesar Zepeda arrived after the roll was called. Mayor Eduardo Martinez was absent for the entire meeting.
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) City of Richmond v. Pacific Gas & Electric
C.2 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) One case
C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiators: Dave Aleshire, Lizeht Zepeda, and Nannette Beacham
Negotiating parties: Richmond Grown
Under negotiation: Price and terms of payment
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, Jesus Morales, and Nannette Beacham
Negotiating parties: Miraflores Community Devco, LLC
Under negotiation: Price and terms of payment
C.4 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
D. PUBLIC COMMENT BEFORE CLOSED SESSION (Limited to items on the Closed Session agenda only)
The following individuals gave comments in-person: Tania Swartz, Jesus Beltran, Kevin Tisdell, Rosanne Rykin, Tiara Gonzales, and Gregory Everetts. Fidencio Morales and Naomi Williams gave comments via teleconference.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:48 p.m. Closed Session adjourned at 6:44 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:47 p.m. by Vice Mayor Gayle McLaughlin.
G. ROLL CALL
Present: Councilmembers Bana, Jimenez, Robinson, Willis, Zepeda, and Vice Mayor McLaughlin. Absent: Mayor Martinez was absent for the entire meeting.
H. STATEMENT OF CONFLICT OF INTEREST
None.
I. AGENDA REVIEW
Item N.7.d was continued to March 21, 2023, and Item Q.3 was continued to the March 28, 2023, City Council meetings. The council requested that Item N.7.d be placed on the future agenda as a discussion item and not on the Consent Calendar.
J. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Item C.1 (existing litigation) staff provided a status report on the case regarding Pacific Gas & Electric and the council gave direction to its negotiators concerning a settlement.
Item C.2 (anticipated litigation) the one case was not discussed.
Item C.3 (real property negotiations) staff provided a status report on the property located at 1324 Canal Boulevard and direction was given concerning negotiations. The property at South 45th Street was not discussed.
Item C.4 (labor negotiations) there was a discussion on the status of the various negotiations and direction was given to the city's labor negotiations representatives for continued negotiations.
K. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
Ms. Curl reported that the Federal Emergency Management Agency (FEMA) trailer was located in the Nevin Avenue parking lot between 24th and 25th streets to assist with disaster recovery for residents impacted by recent storms. Residents were encouraged to call the City Manager's Office at (510) 620-6512 with questions or for assistance. Ms.
Curl announced that the City of Richmond's 16th Annual Sisters in Solidarity International Women's Day Celebration was on March 11, 2023, at the Richmond Memorial Convention Center Auditorium. Community members were encouraged to contact Trina Jackson-Lincoln at (510) 620-6581 with questions. Ms. Curl also announced that the city was conducting a survey for community input regarding the
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Hilltop Horizon Specific Plan by visiting www.hilltophorizon.com. The survey was scheduled to close on March 15, 2023, at 12:00 p.m. Residents with questions concerning the specific plan or survey were encouraged to contact Roberta Feliciano at (510) 620-6662.
L. 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 for the month of February 2023: Dumpster days in the East Shore and Parkview neighborhoods; illegal dumping; encampment abatement; 185.28 total tonnages abated; weed abatement; recreational vehicle dismantling; graffiti removal; 2,280 total abatement staff hours; and partnerships. Discussion ensued. The council requested staff to quantify the costs for trash removal with future abatement reports; and confirm if the Marina Bay neighborhood dumpster day scheduling was addressed.
M. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
The following individuals gave comments in-person:
Julie and Rick Perez gave comments regarding the police shooting involving their son Pedie Perez. Mrs. Perez expressed concerns regarding community policing. Mr. Perez shared his observations at the scene of a police investigation involving a descendant near Richmond railroad tracks.
Michael Gliksohn and Jane Courant expressed appreciation for the new City Council.
Mr.Gilksohn gave comments in support of the Public Works abatement report. Mr.
Gilksohn acknowledged the work done to restructure public debt to improve the city's credit rating. Ms. Courant gave comments in support of decisions made by the current council to improve life in the city.
Joe Puleo expressed appreciation for the civil tone of the new City Council. Mr. Puleo recommended the council consider dump permits for Richmond residents to help with costs. Mr. Puleo advised that the presence of dumpsters in the city and illegal dumping sites attracted more illegal dumping.
Ken Lind expressed concerns regarding the death of Pedie Perez. Mr. Lind suggested that Richmond police were not being funded correctly. Mr. Lind urged the council to pay competitive wages.
Kathleen Whimer expressed appreciation for the new City Council and in-person meetings. Ms. Whimer gave comments in support of the city's illegal dumping abatement efforts. Ms. Whimer gave comments in support of postponing Consent Calendar Item N.7.d concerning a contract for historic resource evaluations.
Jamin Pursell expressed appreciation for in-person meetings and encouragement of the new City Council for the diversity and resiliency of the city. Mr. Pursell gave comments in support of community art and culture. Mr. Pursell expressed concerns regarding wood pellets, deforestation, and the potential funneling through Richmond. Mr. Pursell urged the council to look into the matter and create green jobs that protected the planet and the future.
Tony Tomayo expressed appreciation for in-person meetings and the new City Council.
Mr. Tomayo urged the council to consider the arts community in their policy-making decisions.
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The following individuals gave comments via teleconference:
Mark Wassberg expressed appreciation to the City Manager's Office for assistance with a housing application. Mr. Wassberg expressed concerns regarding the vice mayor conducting the City Council meeting in the mayor's absence.
Naomi Williams on behalf of the Neighborhood Block Association announced the annual Richmond Juneteenth event scheduled for June 17, 2023, at Nicholl Park. Ms. Williams urged the council and community members to sign up for participation in the parade or for vending.
Tarnel Abbott gave comments in support of Consent Calendar Item N.4.a regarding a contract for library materials and services. Ms. Abbott advised difficulty opening City Council agenda documents on the city's website. Ms. Abbott requested that the sea level rise presentation presented by Christina Hill at the February 28, 2023, City Council meeting be published on the city's website. Ms. Abbott expressed appreciation for neighborhood dumpster days and recommended that Richmond Sanitary Service be forced to pay for bulky item pickups for multifamily dwellings. Ms. Abbott stated she was hopeful that metal recycling was happening with illegal dumping.
N. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
Motion by Councilmember Willis
Seconded by Councilmember Bana
To approve all items on the Consent Calendar excluding Item N.7.d.
Ayes (6): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, and Vice Mayor McLaughlin Absent (1): Mayor Martinez
Passed (6 to 1)
N.1 City Council
N.1.a Resolution Opposing Initiative 21-0042A1
ADOPT a resolution opposing initiative 21-0042A1 Restricting Voters’ Input and Local Taxing Authority – Mayor Eduardo Martinez, Councilmembers Soheila Bana and Claudia Jimenez (510-620-6581).
Adopted Resolution No. 23-23
N.2 Community Development
N.2.a Contract Amendments Related to Castro Encampment Resolution Project for Security and Fencing
APPROVE a Second Amendment to the contract with Ascend Professional Services, LLC to increase the contract amount by $732,996, for a total contract amount of $1,107,996, to provide security guard services, for a term ending on June 30, 2024; and APPROVE a First Amendment to the contract with Chainlink Fence and Supply, Inc. to increase contract amount by $69,029, for a total contract amount of $93,538, for fencing installation at the Castro Encampment, with a term extending through December 31, 2023. Both contract amendments will be
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paid using grant funds received for the Castro Encampment Resolution Project – Community Development Department (Lina Velasco/Jesus M.
Morales 510-620-6706).
N.3 Finance Department
N.3.a Approval of Liens and Special Assessments for Unpaid Garbage Collection Service Fees Due to Republic Services
ADOPT a resolution authorizing placement of liens and special assessments for unpaid garbage collection service fees on Contra Costa County’s property tax records – Finance Department (Delmy Cuellar 510-620-6790/Antonio Banuelos 510-620-6741).
Adopted Resolution No. 24-23
N.4 Library and Community Services
N.4.a Contract with Baker and Taylor for Purchase of Library Materials and Services
APPROVE the purchase of library materials for the Richmond Public Library from Baker and Taylor, Inc., in an amount not to exceed $1,500,000, over a three-year period ending June 30, 2025, with two one-year options – Community Services Department (LaShonda White 510-620-6828/Wylendia Eastman 510-620-6963).
N.5 Mayor's Office
N.5.a Workforce Development Board
APPOINT Della Randolph to the Workplace Development Board, term expires, September 22, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
N.5.b Appointment to the Arts and Culture Commission
APPOINT Lynson M. Beaulieu and Kaelen Van Cura to the Arts and Culture Commission, term expires, January 31, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
N.5.c Community Police Review Commission
APPOINT Daniel Lawson to the Community Police Review Commission, term expires, November 1, 2026 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
N.5.d Design Review Board
APPOINT David Plotkin to the Design Review Board, term expires, March 17, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
N.6 Police Department
N.6.a Two-Year Sole-Source Contract with Police Strategies, LLC APPROVE a two-year sole-source contract with Police Strategies, LLC, in an amount not to exceed $45,000, to analyze and publish use-of-force data, with a term from January 17, 2023, through December 31, 2024, with two one-year extension options – Police Department (Chief Bisa French 510-621-1802).
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N.7 Public Works
N.7.a Preparation of Engineer’s Report for Fiscal Year 2023-2024 for the Hilltop Landscape Maintenance District
ADOPT a resolution ordering the preparation of the Engineer’s Report for Fiscal Year 2023-2024 regarding improvements and costs for the Hilltop Landscape Maintenance District - Public Works Department (Daniel Chavarria 510-620-5478/Greg Hardesty 510-620-6920).
Adopted Resolution No. 25-23
N.7.b Preparation of the Engineer’s Report for Fiscal Year 2023-2024 for the Marina Bay Landscape and Lighting Maintenance District
ADOPT a resolution ordering the preparation of the annual engineer’s report for Fiscal Year 2023-2024 regarding improvements and costs for the Marina Bay Landscape and Lighting Maintenance District – Public Works Department (Daniel Chavarria 510-620-5478/Greg Hardesty 510-620-6920).
Adopted Resolution No. 26-23
N.7.c Tom Horton Memorial Bench Donation
APPROVE the donation of a memorial bench dedicated to Tom Horton to be installed at Barbara and Jay Vincent Park – Public Works Department (Daniel Chavarria/Greg Hardesty 510-620-6920).
N.7.d Contract with Wiss, Janney, Elstner Associates, Inc. (WJE) for Historic Resource Evaluations
APPROVE a sole-source contract with Wiss, Janney, Elstner Associates, Inc. (WJE), in an amount not to exceed $250,000, for a term ending June 30, 2024, to provide evaluation and related design services of certain historic structures at Winehaven Historic District and Shipyard No. 3 Historic District – Public Works Department (Daniel Chavarria 510-620-5478/Lina Velasco 510-620-6841). This item was continued from the February 21, 2023, and February 28, 2023 meetings.
Continued to the March 21, 2023, City Council meeting.
O. PUBLIC HEARINGS
City Clerk Pamela Christian announced that it was time, pursuant to public notice, to hold a public hearing.
O.1 Hold a public hearing to consider approval of an Encroachment Agreement Application for a private landowner encroachment into the unimproved public right-of-way at 8 Western Drive.
ADOPT a resolution to approve an Encroachment Agreement Application for private landowner fence encroachment into the unimproved public right-of-way at 8 Western Drive; and DIRECT City staff to enter into an Encroachment Agreement regarding same to be recorded on the landowner’s property title – Public Works Department (Daniel Chavarria/Robert Armijo 510-620-5477).
Vice Mayor McLaughlin announced the public hearing procedure. Public Works Director Daniel Chavarria introduced the matter. Robert Stevens of CSW/Stuber-Stroeh Engineering Group (CSW|ST2) presented a PowerPoint presentation that highlighted the following: property images, vicinity, and site maps; encroachment reason and requirements; and the city engineer's findings.
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Discussion ensued. Vice Mayor McLaughlin declared the public hearing opened.
The applicant's legal representative, Allan Moore, was given a total of eight minutes and summarized a letter emailed to the council in agreement with the staff report, proposed resolution, and findings in favor of the encroachment agreement. The applicant's design consultant, Michael Moloti, concurred with Mr. Moore and recommended that the installation of a sidewalk as proposed by CSW|ST2 be a gravel shoulder in lieu of a concrete sidewalk. The applicant, Ana Ortiz, gave comments regarding the vitalness of the fence and its necessity for safety concerns. The principal opponent, Richard Katz, was also allowed eight minutes and provided the history of the matter and reasons for registering a complaint with the city. The following individuals gave comments in-person:
Lesli Handmacher, Joe Puleo, and Jamin Pursell. The following individuals gave comments via teleconference: Lousie G., Sara Cantor, Sophia Ortiz, Ron Park, Mark Wassberg, Chloe Affel, Ben Zicherman, Joyce Lopez, and Eli Berland. Mr.
Moore and Mr. Katz each gave two-minute rebuttal statements. Vice Mayor McLaughlin closed the public hearing. Further discussion ensued. The council suggested that a graph of the general site area showing distinctions between adjacent property lines and encroachments would be helpful for future discussion.
The council requested the city attorney to look into charging a fee as part of the city's encroachment process and determine if it should be retroactive.
Motion by Councilmember Zepeda
Seconded by Vice Mayor McLaughlin
To approve the staff recommendation and add the option to install a sidewalk as proposed by CSW|ST2. A friendly amendment by Councilmember Robinson, to direct staff to investigate the other properties along Western Drive to determine if there was an encroachment and if there was, consider extending the sidewalk, was accepted.
Ayes (4): Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, and Vice Mayor McLaughlin
Noes (2): Councilmember Bana and Councilmember Jimenez
Absent (1): Mayor Martinez
Passed (4 to 3)
Adopted Resolution No. 27-23
P. BUDGET SESSION
P.1 Fiscal Year 2022-2023 Mid-Year Review
REVIEW the FY 2022-2023 mid-year budget which includes proposed budget adjustments increasing General Fund revenue by $8,260,793 and expenditures by $7,726,484, and increasing Non-General Fund revenue by $4,179,075 and expenditures by $1,358,660; and PROVIDE DIRECTION to staff – City Manager’s Office/Finance Department (Shasa Curl/Nickie Mastay/Delmy Cuellar 510-620-6740).
City Manager Shasa Curl introduced the matter. Ms. Curl, Finance Director Delmy Cuellar, Accounting Manager Antonio Banuelos, Deputy City Manager Internal Services Nicky Mastay, and Budget Administrator Mubeen Qader presented a PowerPoint that highlighted the following: State audit recommendations; background information; General Fund expenditure and revenue; mid-year budget review and adjustments; options for council consideration; proposed mid-year budget; pending budget requests; responses to councilmembers questions; and next steps. Discussion ensued. The council
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recommended staff make public the information that was provided for the state audit in terms of the forecasting used and data calculations. The council expressed concerns regarding negative fund balances for the Engineering Division's reimbursable grants. Staff clarified that the potential start date was June 1, 2023, not 2026 for Option B in the presentation regarding remote meetings for boards, commissions, and committees. The council requested the following: more information on utilizing American Rescue Plan Act funds to address remote meetings and city-wide paving, sidewalks, and traffic calming; risk levels since the year 2005; additional options to address the state audit; move proposed mid-year budget expenditure adjustment items that were not previously approved to the list of options for council consideration; determine if the proposed budget expenditure for Mark43 Fire CAD upgrade and hardware was previously voted on by the council; and options to gradually increase the risk level reserve.
The council recommended staff hold off and return to the council with expenditure adjustments categorized by department; and add a line item or section to the proposed expenditures on pages 12-13 of the presentation for revenue-generating items. (At 10:59 p.m. - a motion by Councilmember Willis, seconded by Councilmember Jimenez, to extend the meeting to finish Item O.1 and hear the public speakers before adjournment, passed by the following vote:
Ayes: Councilmembers Bana, Jimenez, Robinson, Willis, Zepeda, and Vice Mayor McLaughlin. Noes: None. Abstentions: None. Absent: Mayor Martinez). Oscar Seriano gave comments in-person. Tarnel Abbott and Mark Wassberg gave comments via teleconference. Further discussion ensued. The council requested staff to postpone this matter and provide by March 10, 2023, the proposed mid-year budget expenditure adjustment items that were not previously approved by the council. Vice Mayor McLaughlin encouraged the council to review the proposed mid-year budget adjustments categorized by department attached to the staff report as "Attachment 2", and provide any opposition and comments to staff before March 10, 2023.
Q. NEW BUSINESS
Q.1 Legal Services Agreement with Aleshire & Wynder, LLP for legal services in connection with proposed Chevron Hydrogen Fuel project and Reimbursement Agreement with Chevron
APPROVE a legal services agreement with Aleshire & Wynder for legal representation related to a proposed Chevron Hydrogen Fuel project, with the term expiration date of June 30, 2024, and for a total amount not to exceed $85,000 and APPROVE a Reimbursement Agreement between the City and the project applicant (Chevron) such that project applicant reimburses for City staff and the City’s environmental consultants’ costs and expenses - City Attorney’s Office (James Atencio 510-620-6509). This item was continued from the February 21, 2023, and February 28, 2023 meetings.
Continued to the March 21, 2023, City Council meeting.
Q.2 Contract with The Pivotal Group Consultants, Inc.
APPROVE a contract and draft scope of work with The Pivotal Group Consultants, Inc. to host a City Council teambuilding retreat, and assist in developing and implementing a City-wide strategic plan, in an amount not to exceed $288,796, with a term expiration of June 30, 2025. City staff will return on March 28, 2023, with an updated scope of work for review and consideration – City Manager’s Office (Shasa Curl 510-620-6512). This item was continued from the February 28, 2023, meeting.
Continued to the March 21, 2023, City Council meeting.
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Q.3 Report by the West Contra Costa Fire Safe Council
RECEIVE a presentation from West Contra Costa Fire Safe Council (WCCFSC) regarding its mission, objectives, and achievements – Fire Department (Chief Angel Montoya 510-307-8041). This item was continued from the December 20, 2022, January 24, 2023, and February 28, 2023, meetings.
Continued to the March 28, 2023, 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 11:10 p.m., in memory of David Moore, to meet again on March 21, 2023.
Clerk of the City of Richmond Mayor