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RICHMOND, CALIFORNIA, September 19, 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 4:04 p.m. by Mayor Eduardo Martinez.
B. ROLL CALL
Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Vice Mayor Gayle McLaughlin, Cesar Zepeda, and Mayor Eduardo Martinez. Absent:
Councilmember Melvin Willis was absent for the entire Closed Session.
C. CLOSED SESSION
C.1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: Metro Walk Phase II at Richmond Transit Village Agency Negotiators: Lina Velasco and Nannette Beacham
Negotiating Parties: Pacific West Communities, Inc., San Francisco Bay Area Rapid Transit District
Under negotiation: Price and terms of payment (12th Amendment/Disposition and Development Agreement)
C.2 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.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Richmond Shoreline Alliance v. City of Richmond
• Hilltop v. City of Richmond
C.4 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.5 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
• Three Cases
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D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
There were no public speakers.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:06 p.m. Closed Session adjourned at 6:30 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:36 p.m. by Mayor Eduardo Martinez.
G. PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance to the Flag.
H. ROLL CALL
Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez. Absent:
Councilmember Melvin Willis was absent for the entire meeting.
I. STATEMENT OF CONFLICT OF INTEREST
Councilmember Robinson stated a conflict of interest for Item Q.3.b (contracts to lead the implementation of a portion of Richmond Rising's Transformative Climate Communities projects).
J. AGENDA REVIEW
Vice Mayor McLaughlin stated that Item S.2 (wildfire prevention memorandum of understanding [MOU]) would only be to receive a presentation because the MOU required revisions.
Councilmember Bana suggested that Item S.4 (presentation from Bay Area Metro Group) be continued to the September 26, 2023, City Council meeting as the first item under new business.
Item N.1 (proclamation honoring the memory of Richard "Pedie" Perez III) was moved before Item M, immediately following the report from the city manager.
Item Q.6.c (request to attend a conference in Texas) and Item Q.8.a (contract amendment with Flock Group, Inc.) were continued to the October 3, 2023, City Council meeting.
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Item C.1 (real property negotiations for Metro Walk) a status report was provided and directions were given for further negotiations.
Item C.2 (labor negotiations) a status report on the bargaining units was provided and directions were given for further negotiations.
Item C.3 (existing litigations) was not discussed.
Item C.4 (anticipated litigation, significant) a status report was given and there was no reportable action taken.
Item C.5 (anticipated litigation, initiation) was not discussed.
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L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl presented a PowerPoint that highlighted the following events for the month of September 2023: Mexican flag raising at Richmond City Hall; Iron Triangle and Atchison Village neighborhood dumpster day; Roller Disco Party at Unity Park; National Drive Electric Vehicle and eBike event; Bayview Branch Library film series; Ya Basta y Sin Miedo/Enough is Enough benefit concert; and 49ers youth PREP co-ed flag football.
L.1 NEW EMPLOYEE REPORT
Interim Director of Human Resources Sharrone Taylor announced the hiring of twenty-two employees during the months of June through September 1, 2023.
The new hires included new division heads in the Library and Public Works; a new Finance Director; and six new hires in the Police Department. Discussion ensued. The council requested the number of vacancies; and additional groundskeeper positions to maintain the bay trail along Marina Bay.
M. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per
Councilmember)(public comments allowed under Open Forum) Vice Mayor McLaughlin introduced representatives from the Public Bank East Bay (PBEB) to announce the hiring of the PBEB's new Chief Executive Officer Scott Waite.
The PBEB's Board Co-Chair Jennifer Esteen gave an overview of the PBEB and introduced Mr. Waite. Mr. Waite gave an overview of his role and the PBEB's vision and mission.
Councilmember Jimenez acknowledged the city's Employment and Training Division and Literacy for Every Adult Program (LEAP) for providing a math review class to help residents pass the plumbers examination. Councilmember Jimenez announced that LEAP formed a new partnership with the Richmond Michelle Obama Elementary School to provide English as a second language to parents.
Councilmember Robinson urged residents to get involved with their Neighborhood Councils. Councilmember Robinson expressed residents concerns regarding vehicle "donuts" activity at intersections and the need for short-term solutions. Councilmember Robinson commended the Police Department for its community policing.
Councilmember Robinson advised that a community meeting was being organized by the Pullman Neighborhood Council regarding the International Hotel destroyed by fire.
Councilmember Zepeda acknowledged staff for their outstanding work, specifically the Public Works staff for their heroic efforts in rescuing a person from a burning vehicle.
Councilmember Zepeda announced that Coastal Cleanup Day was on September 23, 2023, and urged the community to participate at the Hilltop Lake. Councilmember Zepeda also announced that the Point Richmond Neighborhood Kermes fundraising event for Washington School was on September 22, 2023.
Councilmember Bana acknowledged the staff and community members who attended the El Sobrante Stroll event on September 17, 2023. Councilmember Bana invited the community to the Violence Against Women free concert on September 30, 2023.
Councilmember Bana reminded the community that women's rights were being attacked all over the world. Councilmember Bana gave closing remarks regarding Iran's revolution for women's rights and welcomed diplomacy.
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Vice Mayor McLaughlin announced that she accepted an invitation from a group of Iranian-American women in her neighborhood to speak at an event in support of the Women, Life, Liberty Movement event.
N. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
N.1 Honoring the Memory of Richard "Pedie" Perez III
PROCLAMATION honoring the life of Richard “Pedie” Perez, III; and APPROVE an art project to include two decorative refuse receptacles - Mayor Eduardo Martinez (510-620-6503), Councilmembers Soheila Bana (510-620- 6743) and Melvin Willis (510-412-2050).
Mayor Martinez and Councilmember Bana presented said proclamation to the Perez family declaring September 14, 2023, as a day of remembrance for Richard "Pedie" Perez III. Chief of Police Bisa French announced that the Police Department's Cultural Competency Training was expanded to include Pedie Perez's story. Members of the Perez family and the council gave comments. The following individuals gave comments in person: Shawn Dunning, Emily Ross, and Tarnell Abbott. Mayor Martinez announced that in addition to the decorative refuse receptacles, there were future plans for a bench and mural to celebrate the life of Pedie Perez. Mayor Martinez acknowledged the artist, John Toki, for his work.
O. REPORT FROM THE REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
Reimagining Public Safety Community Task Force member, Jamin Pursell, presented a PowerPoint that highlighted the following: takeaways and forum report for the Community Summit held June 3, 2023; emergency services; Community Crisis Response Program implementation and Community Advisory Board; and task force meetings schedule and location.
P. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remained on the Consent Calendar or items that were not on the agenda – were limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council was prohibited)
The following individuals gave comments in person:
Don Gosney expressed concerns regarding different public comment guidelines for in- person and teleconference (Zoom) speakers at City Council meetings. Mr. Gosney requested an extension of time to submit in-person speaker cards or require the same regularity for Zoom speakers.
Mark Wassberg gave comments against proposed reparations for descendants of enslaved African Americans, the Black Lives Matter Movement, retail theft, looting, and violence.
Wesley Alexander encouraged the council to allocate American Rescue Plan Act funding to staff the city for community services and provide economic relief to small businesses.
Jamin Pursell announced that the California State Legislature voted to end its travel ban to states with anti-LGBT (lesbian, gay, bisexual, transgender) laws. Mr. Pursell implored the council to develop a new travel ban that included states with abortion bans and other issues that affected the LGBT community.
Tarnell Abbott advised that the Zeneca Campus Bay project developer had not been able to fulfill its financial assurance obligation to the state agency. Ms. Abbott urged the council to seek a way to release the city from the development agreement. Ms. Abbott expressed concerns that costs not covered by the financial assurance may become a
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liability to taxpayers. Ms. Abbott stated that highly toxic material remained at the site leaching and plumming along Richmond's shoreline.
Mayor Martinez acknowledged city staff and the council for their hard work and the public for its engagement in the civic process. Mayor Martinez challenged councilmembers, considering the late hour, to make the meeting run faster and smother by limiting their comments.
Q. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar were considered to be routine and noncontroversial. The items were enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item was deemed to have received the action recommended.)
Motion by Councilmember Zepeda
Seconded by Councilmember Bana
To approve all items on the Consent Calendar except items Q.6.c and Q.8.a.
Councilmember Robinson was recused from Item Q.3.b.
Ayes (6): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez Absent (1): Councilmember Willis
Passed (6 to 1)
Q.1 City Attorney's Office
Q.1.a Settling the Fourth Cause of Action in Richmond Shoreline Alliance et al. vs. City of Richmond (Campus Bay)
APPROVE the proposed settlement agreement and implement enhanced public hearing procedures - City Attorney’s Office (Dave Aleshire 510- 620-6509).
Q.2 City Council
Q.2.a Resolution in Support of AB 309, Sponsored by Assembly Member Alex Lee
DIRECT staff to send a letter of support to Anthony J. Portantino, Chair of the Senate Appropriations Committee for AB 309 sponsored by Assembly Member Alex Lee to support social housing - Councilmember Claudia Jimenez (510-620-6565).
Q.2.b Proclamation Recognizing October as Domestic Violence Awareness Month
PROCLAMATION recognizing October as Domestic Violence Awareness Month and proclaiming domestic violence against women as a public safety issue - Mayor Eduardo Martinez (510-620-6503) and Councilmember Soheila Bana (510-672-3490).
Q.3 Community Development
Q.3.a Sole-Source Contract with CSW/ST2 for Miraflores Interpretative Signage and Rehabilitation Plans for Historic Resources
APPROVE a sole-source contract with CSW/ST2 for a not-to-exceed amount of $217,323, for a term ending December 31, 2025, for
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professional design services for the interpretative signage at the Miraflores Sustainable Greenbelt, including the preparation of bid documents for the rehabilitation of the historic resources – Community Development Department (Lina Velasco 510-620-6841).
Q.3.b Contracts with GRID Alternatives, Groundwork Richmond, and the Trust for Public Land to lead implementation of a portion of Richmond Rising’s TCC Projects
APPROVE three sole-source contracts with named grant co-applicants: 1) $1,088,012.75 with Groundwork Richmond, 2) $7,741,970.91 with GRID Alternatives, and 3) $4,816,153.60 for Trust For Public Land, to implement certain subprojects funded by the $35 Million Transformative Climate Communities (TCC) Round 4 Richmond Rising Project focused on serving the Iron Triangle, Santa Fe, and Coronado neighborhoods, with a term beginning August 23, 2023, and ending December 31, 2028 – Community Development Department (Lina Velasco/Samantha Carr 510- 620-6706).
Councilmember Robinson was recused from this matter.
Q.4 Economic Development
Q.4.a Make Green Go, LLC Contract and SCI Consulting Group Contract Amendment
APPROVE a contract with Make Green Go, LLC. in an amount not to exceed $121,000, to provide direct technical assistance for the City’s Cannabis Equity Program, for a term beginning September 20, 2023, and ending on December 31, 2025; APPROVE a fifth contract amendment with SCI Consulting Group in an amount not to exceed $25,000 to support the implementation and management of the Cannabis Equity Program, for a term ending on December 31, 2025; and AUTHORIZE the Directors of Community Development and Economic Development to negotiate and approve additional scope(s) of work, if necessary, for additional amounts not to exceed $60,000, for each contract respectively – Economic Development Department (Nannette Beacham 510-621-1306).
Q.5 Finance Department
Q.5.a Investment and Cash Balance Report and Monthly Overtime Reports for the month of July 2023
RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of July 2023 – Finance Department (Nickie Mastay/Mubeen Qader 510-412-2077).
Q.5.b Investment and Cash Balance Report and Monthly Overtime Reports for the month of June 2023
RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of June 2023 – Finance Department (Nickie Mastay/Mubeen Qader 510-412-2077).
Q.5.c Fiscal Year 2023-24 through Fiscal Year 2026-27 Authorized Broker, Dealer List for the City's investment portfolio
ADOPT a resolution updating the City’s Authorized Broker/Dealer list to reflect current broker/dealers that offer the City investment instruments in
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accordance with Government Code Section 53601 – Finance Department (Nickie Mastay/Andrea Miller 510-620-6790).
Adopted Resolution No. 94-23
Q.6 Library and Community Services
Q.6.a Grant-Funded Contract with Association for Energy Affordability (AEA) to Provide Building Energy Efficiency Training
APPROVE a contract with the Association for Energy Affordability to provide training and certifications on high-performance building energy efficiency classes in an amount not to exceed $16,000, for a term commencing on September 13, 2023, and ending June 30, 2026, with two one-year time-only extension options – Community Services Department (Tamara Walker 510-307-8006/ Fred Lucero 510-621-1562).
Q.6.b Grant-Funded Contract with NET Electric to Provide Classes on the Installation of Electric Vehicle Charging Stations and Solar Power APPROVE a contract with NET Electric to provide training and certification on the installation of electric vehicle charging stations and solar power in an amount not to exceed $32,000, for a term commencing on September 20, 2023, to June 30, 2026, with two one-year time only extension options – Community Services Department (Tamara Walker 510-307-8006 / Fred Lucero 510-621-1562).
Q.6.c Request to Attend the National Recreation and Parks Association Conference in Dallas, Texas
APPROVE travel requests for Ranjana Maharaj, Deputy Director for Community Services-Recreation; Tetteh Kisseh, Recreation Supervisor; Jene Levine-Snipes, Development Project Manager, and Hope Lattell, Finance Manager, to attend the National Recreation and Parks Association conference in Dallas, Texas from October 9 to October 12, 2023 – Community Services Department (LaShonda White 510-620-
6828/Ranjana Maharaj 510-620-6972).
Continued to October 3, 2023, City Council meeting.
Q.6.d Sole-Source Contract with Charleston Mobility, LLC for Electric Bikeshare Operations
APPROVE and APPROPRIATE $1,112,553.98 from the allocated Environmental and Community Investment Agreement (ECIA) Transportation grant fund to support the citywide electric bikeshare program expansion, which includes a grant match to perform eBike share duties related to the Richmond Rising Transformative Climate Communities Grant; and APPROVE a sole-source contract with Charleston Mobility LLC for bikeshare program operations in an amount not to exceed $2,162,857.18 (includes a five percent or $102,993.20 contingency for unforeseen expenses) and a contract term commencing September 19, 2023, through September 19, 2028 – Community Services Department (LaShonda White/ Denée Evans 510-621-1718).
Q.7 Mayor's Office
Q.7.a Participation in the Collaboration or Innovation Track of the Bloomberg Harvard City Leadership Initiative
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APPROVE the participation of City staff in the Collaboration Track of the Bloomberg Harvard City Leadership Initiative — Mayor's Office (Mayor Eduardo Martinez 510-620-6503).
Q.8 Police Department
Q.8.a First Contract Amendment with Flock Group, Inc. to Add Additional Cameras Throughout the City
APPROVE a first contract amendment with Flock Group, Inc. in the amount of $748,500, including a $13,000 contingency, for a new total contract amount not to exceed $998,100, for additional cameras to be installed and replaced throughout the City, for the term ending February 28, 2026 – Police Department (Chief Bisa French 510-621-1802).
Continued to the October 3, 2023, City Council meeting.
Q.8.b Contract with RF Contractors for Carpet Installation APPROVE a Construction Agreement in an amount not to exceed $101,201.30 for carpet installation with RF Contractors during the period September 19, 2023, through June 30, 2024; and APPROPRIATE funding in a total amount not to exceed $101,201.30 – Police Department (Chief Bisa French 510-621-1802).
Q.8.c 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 dedicated services of a deputy district attorney who would be specifically assigned as Richmond's Community-based Prosecutor, in an amount not to exceed $300,000, with a three-year term commencing July 1, 2023, and ending June 30, 2026 - Police Department (Chief Bisa French 510-621-1802).
Q.8.d Three-Year Grant-funded Contract with Pinnacle Training Systems, LLC for Police Officer Health and Wellness Reviews
APPROVE a three-year contract in the amount of $72,000 between Richmond Police Department and Pinnacle Training Systems, LLC for on- site health and wellness services for the period beginning September 19, 2023, through July 31, 2026 – Police Department (Bisa French/510-621- 1802).
Q.9 Public Works
Q.9.a Proposed Contract for On-Call Fencing Service on an As-Needed Basis ADOPT a resolution awarding an on-call contract for fencing services on an as-needed basis with Paine Construction, Inc. in an amount not to exceed $500,000, for a three-year term beginning September 12, 2023, through June 30, 2026, with two optional one-year extensions, for an additional amount not to exceed $300,000 for the additional two one-year periods – Public Works Department (Daniel Chavarria 510-620-5478/Greg Hardesty 510-620-6920).
Adopted Resolution No. 95-23
Q.9.b Contract with Red Door Upholstery
APPROVE a contract with Red Door Upholstery in a total amount not to exceed $30,000, including the low bid of $24,960 plus a $5,040
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contingency, to reupholster 126 City Council chairs and four sofas, with a term beginning September 12, 2023, and ending September 12, 2024 – Public Works Department (Daniel Chavarria 510-620-5478/Carl Capistrano 510-620-6896).
R. PUBLIC HEARINGS
R.1 Levying of Special Assessments for Fines and Costs related to Unpaid Administrative Citations, Nuisance Abatements and Foreclosure Ordinance Fines
HOLD a public hearing; and ADOPT a resolution authorizing the City of Richmond to levy special assessments against certain properties with unpaid invoices related to administrative citations, nuisance abatement costs, and foreclosure ordinance fines pursuant to Richmond Municipal Code Chapters 2.63,
6.38, 9.22 and 11.76 – Community Development Department (Lina Velasco/Eva Mann 510-621-1283).
Deputy City Clerk Ursula De Loa announced that it was time, pursuant to public notice, to hold a public hearing. Director of Community Development Lina Velasco introduced the matter. Code Enforcement Manager Eva Mann presented a PowerPoint that highlighted the following: fee types; noticing process; changes to levy list; and next steps. Discussion ensued. The council expressed concerns regarding financial support options for property owners. The council requested staff to make certain liens were not leading to homelessness; and the percentages of commercial rental properties and primary owner-occupied residences on the lien list. Mayor Martinez declared the public hearing opened. Yar Mohamed and Lionel Jones gave comments in protest in person. Lorraine Pitre gave comments in protest via teleconference. Mayor Martinez closed the public hearing. Further discussion ensued.
Motion by Councilmember Jimenez
Seconded by Councilmember Bana
To approve said lien list with the removal of primary residence owners and property owners that protested for further investigation, and return to council for consideration at a future meeting.
Ayes (6): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez
Absent (1): Councilmember Willis
Passed (6 to 1)
S. NEW BUSINESS
S.1 Sea Level Rise and Shoreline Development
RECEIVE a presentation from Jessica Fain, Director of Planning, San Francisco Bay Conservation and Development Commission, on sea level rise preparation, shoreline development, and BCDC regulations - Councilmember Soheila Bana (510-620-6743). This item was continued from the September 12, 2023, meeting.
San Francisco Bay Conservation and Development Commission (BCDC) Director of Planning Jessica Fain presented a PowerPoint that highlighted the following:
BCDC's past and future; predictions and impacts of sea level rise; regional solutions; Bay Adapt consensus-driven strategy; funding and investment
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framework; projects; and next steps. Discussion ensued. The council expressed concerns regarding the following: the lack of a Richmond advocate in the Bay Adapt Leadership Advisory Group; and sources for remediation funding. The council requested more information regarding grant opportunities. Jamin Pursell gave comments in person. Alix Mazuet and Sally Tobin gave comments via teleconference.
S.2 Wildfire Prevention Memorandum of Understanding (MOU) RECEIVE a presentation; and ADOPT a resolution authorizing the City of Richmond to enter into a Memorandum of Understanding (MOU) among jurisdictions in the East Bay Hills to form a wildfire coordinating group to improve regionwide collaboration on wildfire mitigation activities and reduce wildfire risk throughout the East Bay Hills – Vice Mayor Gayle McLaughlin (510-620-6636). This item was continued from the September 12, 2023, meeting.
Vice Mayor McLaughlin introduced the matter and advised that only a presentation would be given. The proposed resolution and Memorandum of Understanding (MOU) required revision and would be considered at a future meeting. Oakland Fire Safe Council Secretary and Co-Chair of the Community Organizing Group, Lisa Jacobs, presented a PowerPoint that highlighted the following: guiding principles; opportunities for wildfire prevention coordination and efforts; work to date; working group members; funding partners; MOU overview; and next steps. Discussion ensued.
S.3 Fiscal Year 2022-2023 City-Wide Accomplishments
RECEIVE a presentation from the city manager on the Fiscal Year 2022-2023 City-wide accomplishments – City Manager’s Office (Shasa Curl 510-620-6512).
This item was continued from the July 11, 2023, and September 12, 2023, meetings.
Continued to the September 26, 2023, City Council meeting.
S.4 Presentation from the Bay Area Metro Group on Local Government Services - Metropolitan Transportation Commission and the Association of Bay Area Government.
RECEIVE a presentation from Bay Area Metro Group on Local Governments Services through Metropolitan Transportation Commission (MTC) and the Association of Bay Area Government (ABAG) - Councilmember Soheila Bana (510-672-3490).
Continued to the September 26, 2023, City Council meeting.
T. ADJOURNMENT
There being no further business, the meeting adjourned at 10:04 p.m., to meet again on September 26, 2023, at 6:30 p.m.
Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Mayor