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RICHMOND, CALIFORNIA, November 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 4:32 p.m. by Mayor Eduardo Martinez.
B. ROLL CALL
Present: Councilmembers Soheila Bana, Doria Robinson, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez. Absent: Councilmembers Claudia Jimenez and Melvin Willis were absent for the entire meeting.
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) Sotelo 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
C.4 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
Two Cases
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 4:34 p.m. Closed Session adjourned at 6:38 p.m.
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F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
The Regular Meeting of the Richmond Housing Authority Board of Commissioners was called to order at 6:43 p.m. by Chairperson Eduardo Martinez.
G. PLEDGE OF ALLEGIANCE
Chair Martinez led the Pledge of Allegiance to the Flag.
H. ROLL CALL
Present: Commissioners Soheila Bana, Doria Robinson, Cesar Zepeda, Vice Chair Gayle McLaughlin, Chair Eduardo Martinez, and Housing Authority Tenant Commissioner Jaycine Scott. Absent: Commissioners Claudia Jimenez and Melvin Willis were absent for the entire meeting.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. REPORT FROM THE EXECUTIVE DIRECTOR
Interim Richmond Housing Authority (RHA) Executive Director Gabino Arredondo presented a PowerPoint that highlighted the draft RHA Annual Plan and an update for the Nevin Plaza renovation. Mr. Arrendondo encouraged the community to review the draft plan published on the city's website and provide public comments prior to the public hearing scheduled for December 19, 2023.
K. AGENDA REVIEW
None.
L. HOUSING AUTHORITY OPEN FORUM
There were no public speakers.
M. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Commissioner Zepeda
Seconded by Housing Authority Tenant Commissioner Scott To approve all items on the Housing Authority Consent Calendar.
Ayes (6): Commissioner Bana, Commissioner Robinson, Commissioner Zepeda, Vice Chair McLaughlin, Chair Martinez, and Housing Authority Tenant Commissioner Scott.
Absent (2): Commissioner Jimenez and Commissioner Willis.
Passed (6 to 2)
M.1 Contract Assignment from David Paul Rosen & Associates (DRA) to NELB Consultants, LLC (NELB)
ADOPT a resolution assigning the David Paul Rosen & Associates (DRA) contract to NELB Consultants LLC, for an estimated contract reassignment amount of $170,918.42, with a term ending June 30, 2025 – Richmond Housing Authority (Gabino Arredondo 620-6606).
Adopted Resolution No. 2191
M.2 Housing Authority Meeting Minutes
APPROVE the minutes of the September 12, 2023, regular meeting of the Richmond Housing Authority - City Clerk's Office (Pamela Christian 510-620- 6513).
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M.3 Richmond Housing Authority (RHA) Cost Allocation Plan Approval ADOPT a resolution approving the Title 2 Code of Federal Regulations 200 Compliant Version Cost Allocation Plan to be implemented for Richmond Housing Authority (RHA) Budgeting (Fiscal Year 2023-2024) – Richmond Housing Authority/Finance Department (Gabino Arredondo 510-620-6606/Rita Martinez 510-621-1546).
Adopted Resolution No. 2192
N. ADJOURNMENT
There being no further business, the meeting adjourned at 6:48 p.m.
O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:48 p.m. by Mayor Martinez.
P. ROLL CALL
Present: Councilmembers Bana, Robinson, Zepeda, Vice Mayor McLaughlin, and Mayor Martinez. Absent: Councilmembers Jimenez and Willis were absent for the entire meeting.
Q. STATEMENT OF CONFLICT OF INTEREST
Councilmember Robinson stated a conflict of interest with Item W.4.b (grant awards).
R. AGENDA REVIEW
Item Z.1 (Pacific Gas & Electric projects) was withdrawn from the agenda.
Item W.12.e (additional city cameras) was removed from the Consent Calendar for discussion at the end of the agenda.
Item Y .1 (cannabis ordinance) was continued to the November 28, 2023, City Council meeting.
Motion by Vice Mayor McLaughlin
Seconded by Mayor Martinez
To add an emergency item to the agenda for discussion immediately after the Consent Calendar as follows: DISCUSS and CLARIFY the council's position regarding its recommendation that a Request for Proposals (RFP) process be conducted by Recyclemore.
Ayes (5): Councilmember Bana, Councilmember Robinson, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez.
Absent (2): Councilmember Jimenez and Councilmember Willis.
Passed (5 to 2)
Vice Mayor McLaughlin introduced the emergency item. Environmental Manager Samantha Carr presented a PowerPoint that highlighted background information, the city's goals, and timeline. Discussion ensued. The council suggested a Request for Qualifications rather than an RFP. The council expressed concerns regarding the transfer of post-collection trash and increased illegal dumping.
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Motion by Vice Mayor McLaughlin
Seconded by Councilmember Robinson
To authorize and direct the three Richmond RecycleMore boardmembers to execute their votes for an RFP process to commence for the post-collection process through the RecycleMore board.
Ayes (4): Councilmember Bana, Councilmember Robinson, Vice Mayor McLaughlin, and Mayor Martinez.
Abstained (1): Councilmember Zepeda.
Absent (2): Councilmember Jimenez and Councilmember Willis.
Passed (4 to 3)
S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Item C.1 (labor negotiations) a status report was given and no reportable action was taken.
Item C.2 (existing litigation) a summary of the status and potential settlement was given.
The council gave direction to negotiate a settlement agreement.
Item C.3 (anticipated litigation, significant exposure) one case was discussed and the council gave direction concerning negotiation. There was no reportable action taken.
The second case was not discussed.
Item C.4 (anticipated litigation, initiation) neither case was discussed.
T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl deferred her report to the next meeting to allow for the new employee report.
T.1 NEW EMPLOYEE REPORT - 1st Tuesday
Interim Director of Human Resources Sharonne Taylor presented a PowerPoint that highlighted new hires for the following departments/divisions: Port; Rent Control; Employment and Training; Police; Planning and Building; Recreation; and Public Works.
U. 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) Councilmember Robinson acknowledged city staff and residents for the Pullman Neighborhood dumpster days cleanup work. Councilmember Robinson invited the community to a meeting to discuss Richmond's historic International Hotel site on November 12, 2023, at the Seaport Missionary Baptist Church.
Councilmember Bana acknowledged the Public Works Department, City Manager's Office, and the Fire Department for collaborating with the West Contra Costa Fire Safe Council, which facilitated its connection to Measure X mitigation resources.
Councilmember Bana announced that the result of that effort would allow 100 acres or more of city-owned properties to receive fuel reduction.
Vice Mayor McLaughlin announced that the Homeless Town Hall recently held in El Sobrante was successful. Vice Mayor McLaughlin advised that work continued for a new Marina Bay farmers market and acknowledged staff and others for their assistance.
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Vice Mayor McLaughlin announced that the planning process started for the 2024 Literacy Festival.
Mayor Martinez reported that he and Councilmember Bana attended a ground-breaking for a new Center for Elders' Independence in El Sobrante. Mayor Martinez announced that he hosted the Secretary of Technology and Science from Guatemala and she visited two sites near the Richmond Field Station. Mayor Martinez advised that he participated in the Bloomberg Harvard City Leadership Initiative that focused on innovation.
V. 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:
Al Engel gave comments to alert the city of a ruling by the Superior Court against the City of Oakland Port for allowing coal transportation. Mr. Engel advised that coal would be transported from Oakland through Parchester Village, and there was ongoing litigation for railway interchange construction defects in Richmond. Mr. Engel urged the council and all interested parties to respond within the ten-day deadline.
Don Gosney gave comments regarding former Congressman Richard Pomo's conservative politics. Mr. Gosney expressed concerns that the city's resolution supporting Gaza adopted on October 28, 2023, caused division in the community. Mr.
Gosney gave comments against councilmembers interactions with the chanting audience following the adoption of the resolution.
Dorian Reid, Elsa Stevens, and Julia Keen gave comments against a five percent rent increase at the Hilltop Heritage Senior Apartments. Ms. Stevens acknowledged the councilmembers who visited the site. Ms. Keen advised that there was a decrease in amenities at the apartments and that ongoing rent increases would cause homelessness.
Mark Wassberg and Bruce German gave comments regarding the Israel-Hamas war.
Sam Lewis advised that the services and quality of life at the Heritage Park Senior Apartments were reduced or eliminated. Mr. Lewis gave comments against the apartment's management and urged the council for assistance.
Theresa Russell acknowledged Councilmember Zepeda for his efforts to amend the city's resolution supporting Gaza and voting against it at the October 28, 2023, City Council meeting. Ms. Russell expressed concerns that the resolution caused divisiveness in the community. Ms. Russell urged the council to mend the riffs and make the community feel secure.
Wesley Alexander gave comments to advocate for businesses, non-profits, and community-based organizations that were in operation during the pandemic. Mr.
Alexander expressed concerns regarding the adverse impacts on small businesses from the inflationary environment. Mr. Alexander urged the council to immediately prioritize the distribution of the American Rescue Plan Act funds.
Rick Perez acknowledged the council for taking a stance against the apartheid of Gaza and expressed concerns for the innocent lives lost. Mr. Perez gave comments against police shootings. Mr. Perez reported that he and his friend's trucks were stolen. Mr.
Perez advised that unhoused individuals in his neighborhood were stealing and causing damage to private property. Mr. Perez urged the council to solve the homeless problem.
Patricia Perez gave comments against the Richard "Pedie" Perez police shooting case.
Ms. Perez advised that she deplored the Israel-Hamas war. Ms. Perez suggested that more police training was needed for handling unarmed suspects.
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Jamin Pursell announced that there were two events scheduled for the Richmond Civic Center. The Transgender Day of Remembrance on November 20, 2023, and a World Aids Day vigil on December 1, 2023.
Antwon Cloird gave comments against Item Y .1 (increasing the number of cannabis retailers). Mr. Cloird advised that cannabis proceeds did not benefit the youth. Mr.
Cloird expressed concerns that the lack of youth activities would contribute to crime. Mr.
Cloird urged the council to support struggling youth organizations and invest in youth opportunities, jobs, and training programs.
The following speakers gave comments via teleconference:
Janet S. Johnson expressed concerns regarding the city's Community Emergency Response Team (CERT) and the lack of an office of emergency services manager (OES) in the Fire Department. Ms. Johnson advised that the Fall CERT academy training was canceled in Richmond. Ms. Johnson announced that in the absence of an OES manager, future CERT courses may only take place if sufficient voluntary resources were found.
Ms. Johnson urged the Fire Department to hire an OES manager.
Mike Velazquez acknowledged the city for offering a mental health program to Fire Department personnel. Mr. Valezquez highlighted the fire union side letter that allowed other ranks to work down so that mandated firefighters may go home to their families.
Leisa Johnson acknowledged Councilmember Zepeda for reaching out to the community regarding the pro-Palestinian resolution adopted by the council on October 28, 2023. Ms.
Johnson gave comments against the resolution and the impact on the community.
Naomi Williams inquired about the status of the proposed cannabis retailer at 350 Cutting Boulevard in the Pullman Neighborhood. Ms. Williams advised that the neighborhood had not received any community benefits as promised. Ms. Williams also advised that the residents on the south side of Richmond needed help.
W. 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.)
City Clerk Pamela Christian announced that Item W.4.b, City Council Environmental Community Investment Agreement (ECIA) Ad Hoc Committee’s Fiscal Year 2023-24 Category 3 ECIA Grant Award Recommendations ($50,000), was being withdrawn from the agenda.
Motion by Councilmember Bana
Seconded by Vice Mayor McLaughlin
To approve all items on the Consent Calendar except items W.4.b and W.12.e.
Councilmember Robinson voted no on items W.7.b (Approval of Liens and Special Assessments for Unpaid Garbage Collection Service Fees Due to Republic Services) and W.12.f. (18-Month Plan to Eliminate Mandatory Overtime within the Richmond Police Department).
Ayes (5): Councilmember Bana, Councilmember Robinson, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez.
Absent (2): Councilmember Jimenez and Councilmember Willis.
Passed (5 to 2)
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W.1 City Attorney's Office
W.1.a Settling Guidiville Rancheria of California, et al v. United States of America, et al.
APPROVE the proposed settlement agreement in Guidiville Rancheria of California, et al. v. United States of America, et al. for a total settlement amount of $75,000 – City Attorney’s Office (Dave Aleshire 510-620- 6509).
W.2 City Clerk's Office
W.2.a City Council Meeting Minutes
APPROVE the minutes of the regular September 19, September 26, and special September 27, 2023, City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).
W.3 City Council
W.3.a Accept $75,000 contribution from Prologis for LifeLong Medical Care’s Health Ambassador Program.
ACCEPT and APPROPRIATE a $75,000 grant from Prologis to the City of Richmond for unhoused services and DIRECT staff to apply this funding to LifeLong Medical Center to aid in funding Health Ambassadors which will provide Client Care Liaison Services for Richmond’s unhoused population - Vice Mayor Gayle McLaughlin (510-620-6636).
W.3.b Wildfire Prevention Memorandum of Understanding (MOU) and Richmond Resolution
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; in addition, ADOPT a resolution on an Overall Wildfire Risk Reduction and Response Policy to be presented to the regional group once convened - Vice Mayor McLaughlin (510-620- 6636).
Adopted Resolution Nos. 119-23 and 120-23.
W.4 City Manager's Office
W.4.a First Contract Amendment with The Gardner Group, LLC Approve a first amendment to the contract with The Gardner Group, LLC, in the amount of $90,000, to continue to provide management consulting services on an as-needed basis, for a new total contract amount not to exceed $100,000, and extending the contract term to December 31, 2024 – City Manager’s Office/Finance Department (Shasa Curl/Nickie Mastay/LaShonda White/Andrea Miller 510-620-6512).
W.4.b City Council Environmental Community Investment Agreement (ECIA) Ad Hoc Committee’s Fiscal Year 2023-24 Category 3 ECIA Grant Award Recommendations ($50,000)
APPROVE a recommendation from the City Council ECIA Grant Review Ad Hoc Committee to award $50,000 in Fiscal Year 2023-24 Environmental Community Investment Agreement (ECIA) Grant funds (Category 3 - City Council Approved Award) to eight Richmond-serving
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non-profit organizations; ADOPT a resolution; and AUTHORIZE the city manager to negotiate and execute Grant Service Agreements with approved grantees – City Manager’s Office (LaShonda White 510-620- 6512/Patrick Seals 510-307-8016).
Withdrawn from the agenda.
W.5 Community Development
W.5.a Contract with Hatchuel Tabernik and Associates to provide Program Evaluation Services
APPROVE a contract with Hatchuel Tabernik and Associates (HTA) in the amount of $40,000, to provide evaluation services for the City’s Encampment Resolution Funding Round 1 project, for a term from November 7, 2023, through December 31, 2025, with an option to increase the contract by an additional $40,000 upon evaluation of year 1 work and outcomes – Community Development Department (Lina Velasco/Jesus Morales 510-620-6649).
W.6 Economic Development
W.6.a Report on the Port of Richmond Operations
RECEIVE a written report on the Port of Richmond’s operations, facilities, and economic opportunities – Economic Development Department (Nannette Beacham/Lizeht Zepeda 510-620-6653).
W.6.b Amend the Port of Richmond Federal Maritime Commission (FMC) Tariff No.3
ADOPT a resolution to amend the Port of Richmond FMC Tariff No. 3 reflecting a six and two-tenths percent (6.2%) general rate increase (GRI) to the Port of Richmond Federal Maritime Commission (FMC) Tariff No. 3 and an annual Consumer Price Index (CPI) rate adjustment as approved by the Executive Committee of the California Association of Port Authorities (CAPA) – Economic Development Department (Lizeht Zepeda 510-620-6653).
Adopted Resolution No. 121-23
W.7 Finance Department
W.7.a Second Contract Amendment with Badawi and Associates for Audit Services
APPROVE a second contract amendment with Badawi and Associates in the amount of $18,000, for a new total amount not to exceed $1,548,370, to provide an audit of the City’s California Violence Intervention and Prevention Grant Program, for the period from October 1, 2020, to June 30, 2023 – Finance Department/Office of Neighborhood Safety (Andrea Miller/Mubeen Qader/Sam Vaughn/Jerry Chak 510-620-6569).
W.7.b 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 (Mubeen Qader 510- 620-6740/Antonio Banuelos 510-620-6741).
Adopted Resolution No. 122-23
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Councilmember Robinson voted no on this item.
W.7.c Resolution Approving an Additional Three Percent Annual Cost of Living Increase for Recipients of the General Pension Fund for 2024 ADOPT a resolution approving a three percent annual cost of living increase, in addition to the two percent minimum cost of living increase, for the recipients of the General Pension Fund, for a total annual cost of living increase of five percent for these recipients – Finance Department (Andrea Miller 510-620-6740).
Adopted Resolution No. 123-23
W.8 Human Resources
W.8.a Contract with Restoration Family Counseling Center to Provide Services to Sworn Fire Personnel
APPROVE a three-year contract with Restoration Family Counseling Center (RFCC), in an amount not to exceed $133,000, with a term from October 24, 2023, through October 24, 2026, to provide mental health services for Sworn Fire Personnel – Human Resources Department (Nickie Mastay/Sharrone Taylor/Amy Aaronson/Aaron Osorio 510-620- 6602).
W.8.b Resolution Approving a Side Letter to the Memorandum of Understanding with Fire Unions
ADOPT a resolution approving a side letter to the Memorandum of Understanding between the City of Richmond and the International Association of Firefighters Local 188, regarding eligibility for overtime assignments – Human Resources Department (Interim Chief Aaron Osorio/Nickie Mastay/Sharrone Taylor 510-620-6602).
Adopted Resolution No. 124-23
W.9 Information Technology
W.9.a Sole-Source Agreement with ParcelQuest for Land-Based Property Data Subscription and Online Licenses
APPROVE a sole-source agreement in the amount of $50,000 with ParcelQuest for an annual property data subscription and online license use, with a term from October 1, 2023, through September 30, 2024 – Information Technology Department (Sue Hartman 510-620-6874).
W.10 Library and Community Services
W.10.a Approve contracts with the Roots of Success of America and Richmond Community Foundation
APPROVE contracts with (1) Roots of Success in the amount of $180,000, and (2) Richmond Community Foundation in the amount of $150,000, to provide workforce training and employment services for up to 20 youth each, for a term commencing October 18, 2023, and ending December 30, 2024 – Community Services Department (LaShonda White 510-620-6828/Tamara Walker 510-307-8006).
W.10.b First Contract Amendment with Rubicon Programs to Provide Workforce Training and Employment Ppportunities Funded Under the California for All Youth Grant
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APPROVE a first amendment to the contract with Rubicon Programs, to increase the contract limit by $95,323, for a total amount not to exceed $190,646, to be the service provider for the Beautify Richmond program, with a contract term through March 31, 2024 – Community Services Department (LaShonda White 510-620-6828/Tamara Walker 510-307- 8006).
W.10.c Amendment to the Interagency Agreement between the City of Richmond and Contra Costa County for the Joint Administration of the North Richmond Mitigation Funding
APPROVE an amendment to the Interagency Agreement between the County of Contra Costa (County) and the City of Richmond (City), effective September 19, 2023, to increase the payment limit by $360,000, for a new payment limit of $835,000, and extend the term from September 30, 2023, to September 30, 2026, to facilitate the City’s continued use of the North Richmond Mitigation Fee (NRMF) funding, and to co-staff the NRMF Committee and implement services and programs authorized in the City/County-approved expenditure plans; and AUTHORIZE the city manager or their designee to execute the amendment to the Interagency Agreement between the County and City – Community Services Department (LaShonda White 510-620-6828/Lori Reese-Brown 510-620- 6869).
W.11 Mayor's Office
W.11.a Proclamation Declaring October 21, 2023, as Arbor Day in Richmond PROCLAMATION recognizing October 21, 2023, as Arbor Day in Richmond - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
W.11.b Planning Commission Appointment
APPOINT Aaron He to the Richmond Planning Commission, term expires, June 30, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503).
W.11.c Proclamation Declaring November 2023 as Native American Heritage Month in the City of Richmond and acknowledging the contributions of Native Americans in our Community
PROCLAMATION declaring November 2023 as Native American Heritage Month in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
W.12 Police Department
W.12.a Blanket Purchase Orders for Ongoing Police Ammunition Purchases APPROVE and AUTHORIZE the Police Department to create blanket purchase orders for required training and duty ammunition purchases of up to $50,000 per vendor, for the remainder of Fiscal Year 2023-2024 and Fiscal Year 2024-2025. The four vendors are Dooley, LC Action, San Diego Police Supply, and Ammo Incorporated – Police Department (Chief Bisa French 510-621-1802).
W.12.b Proposed Contract with Donnoe and Associates to Administer the Promotional Exam for Police Sergeant, Lieutenant, and Captain APPROVE a contract with Donnoe & Associates, Inc., in a total amount not to exceed $38,500, for Police Staff promotional exam creation,
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administration, and ranking, for the period November 8, 2023, through November 7, 2024 – Police Department (Chief Bisa French 510-621- 1802).
W.12.c Proposed Contracts with Get Polygraphed, Inc. and Shannon Layer Polygraph for Preemployment Polygraph Services
APPROVE two contracts with (1) Get Polygraphed, Inc. for a payment limit not to exceed $50,000, and (2) Shannon Layer Polygraph for a payment limit not to exceed $50,000, each for a three-year term beginning November 8, 2023, and ending November 7, 2026, to provide pre- employment polygraph services for sworn and non-sworn Police Department applicants, for a total program cost not to exceed $100,000, with an option for a two-year mutually agreed upon contract extension of $30,000 per vendor – Police Department (Chief Bisa French 510-621- 1802).
W.12.d Executive Management Training Course Held in Boston, Massachusetts for Assistant Chief Timothy Simmons.
ACCEPT and APPROVE the course registration amount not to exceed $11,400, and the out-of-state travel form, for the Senior Management Institute for Police (SMIP) program at Boston University School of Law for Assistant Chief Simmons to attend from June 3, 2024, through June 21, 2024 – Police Department (Chief Bisa French 510-621-1802).
W.12.e 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).
Chief of Police Bisa French introduced the matter. Chief French, Police Captain Eric Smith, and Deputy Police Chief Timothy Simmons gave an overview of the information captured by the cameras and retention policy.
Chief French provided examples of cases where the cameras provided evidence to capture suspects. Discussion ensued. The council requested a cost-benefit analysis with the civil liberties component factored in. (At approximately 11:28 p.m. - a motion by Councilmember Zepeda, seconded by Councilmember Bana, to suspend the rules and extend the meeting to complete the discussion for Item W.12.e, passed by the unanimous vote of the City Council). Further discussion ensued. The council requested staff to consider developing a policy on criminalization.
Ben Therriault and Theresa Russell gave comments in person. The following individuals gave comments via teleconference: Tracy Rosenberg, Leisa Johnson, Layla Dima, and Naomi Williams. Further discussion ensued. The council suggested an education and awareness program alerting the public of the cameras.
Main Motion by Councilmember Zepeda
Seconded by Councilmember Bana
To approve the staff recommendation and add a component for the Police Department's potential community engagement staff to conduct community education when hired.
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Ayes (5): Councilmember Bana, Councilmember Robinson,
Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez.
Absent (2): Councilmember Jimenez and Councilmember Willis.
Passed (5 to 2)
Substitute Motion by Vice Mayor McLaughlin
To only install 40 plan tilt zoom cameras for illegal dumping and staff return to the council with an analysis providing various options for different numbers of cameras. Died for lack of second. The main motion passed.
W.12.f 18-Month Plan to Eliminate Mandatory Overtime within the Richmond Police Department
RECEIVE a written report which outlines the Richmond Police Department’s strategy to eliminate the need for mandatory patrol overtime signups within the next 18 months – Police Department (Chief Bisa French 510-621-1802). This item was continued from the October 3, 2023, meeting.
Councilmember Robinson voted no on this item.
W.12.g Crime Report from Police Chief
Receive a written crime report from the Police Chief - Police Department (Chief Bisa French 510-621-1802). This item was continued from the October 24, 2023, meeting.
W.13 Public Works
W.13.a Proposed Restated Agreement and Amendment to the West County Agency Joint Powers Agreement between the City of Richmond and the West County Wastewater District
ADOPT a resolution approving the Amended and Restated Joint Powers Agreement of the West County Agency between the City of Richmond and the West County Wastewater District – Public Works Department (Daniel Chavarria 510-620-5478/Mary Phelps 510-621-1269).
Adopted Resolution No. 125-23
W.13.b Resolution Designating Officials Authorized to Apply and Sign for Federal and State Post Disaster Financial Assistance
ADOPT a resolution designating and authorizing the City Manager, Director of Finance, Director of Public Works, and City Engineer as officials who may apply for federal and state post disaster financial assistance under the California Disaster Assistance Act – Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-620- 5477).
Adopted Resolution No. 126-23
W.13.c Transportation Development Act (TDA) Grant Contract with SOS! Richmond for the Richmond Ferry to Bridge Bicycle & Pedestrian Network Improvements Projects
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APPROVE a contract with SOS! Richmond, in the amount of $30,000, to provide maintenance for the Richmond Greenway through June 30, 2024, and comply with requirements under the Transportation Development Act (TDA) Grant issued to the City of Richmond for Bicycle & Pedestrian Improvements – Public Works Department (Robert Armijo 510-620- 5477/Josef Munoz 510-620-6671).
W.13.d Housing Resolution for Compliance with One Bay Area Grant (OBAG) Funding Requirements
ADOPT a resolution wherein the City agrees to continue complying with various state housing laws as a condition of receiving its One Bay Area Grants (OBAG) 3 funding awards for the Bayview to BART and McBryde Ave Safe-Routes-to-Parks projects – Public Works Department (Robert Armijo 510-620-5478/Josef Munoz 510-620-6671/Lina Velasco 510-620- 6841).
Adopted Resolution No. 127-23
W.13.e As-Needed Landscape Architectural Design Services for Various City of Richmond Projects
ADOPT a resolution authorizing service contracts with seven architectural design firms for as-needed landscape architectural services, in an amount not to exceed $500,000 per firm, over a three-year period from December 1, 2023, through December 31, 2026, with two one-year extension options, for a total amount not to exceed $300,000 per firm for the total extension period - Public Works Department (Robert Armijo 510-620- 5477/Josef Munoz 510-620-6671).
Adopted Resolution No. 128-23
X. BUDGET SESSION
X.1 FY 2022-23 Q4 Financial Report and Administrative Budget Adjustments RECEIVE the Fiscal Year 2022-23 Quarter 4 (Q4) report for the period of July 1, 2022, through June 30, 2023; APPROVE proposed administrative year-end budget adjustments; and PROVIDE DIRECTION to staff regarding Estimated Unspent Funds - Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077). This item was continued from the October 24, 2023, meeting.
City Manager Shasa Curl introduced the matter. Director of Finance Andrea Miller, Deputy City Manager Internal Services Nickie Nastay, Deputy City Manager Community Services LaShonda White, Deputy Director of Finance Mubeen Qader, Revenue Manager Antonio Banuelos, Director of Public Works Daniel Chavarria, and Deputy Director of Public Works Robert Armillo presented a PowerPoint that highlighted the following: Guiding Fiscal Policies; General Fund revenue, expenditures, and adjustments; reserve level; non-General Fund revenue and expenditures; Capital Improvement Projects shortfall and unfunded; administrative budget adjustments; next steps; and other post-employment benefits and pension unfunded liabilities. Discussion ensued. The council requested the following: publish the updated PowerPoint slides on the city's website; address the confusion with the West Cutting Boulevard bike lanes and widths; include District 4 with future biking and park plans; consider allocating funds by project name for those that were close to completion and reserve funds for newly started projects where costs were subject to increase; prioritize the renovation of the Booker T. Anderson Community Center; utilize American
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Rescue Plan Act funds towards emergency response and resilience; recognize that the whole surplus included funds allocated for the Richmond Main Library renovation; and provide an itemized budget for the $1 million Community Crisis Response Program (CCRP) implementation budget, and consider allocating $2 million toward the next fiscal year funding to operate the CCRP for the first year.
The following individuals gave comments in person: Theresa Russell, Samantha Torres, Angela Aranda, and Jamin Pursell. Emily Ross and Layla Dima gave comments via teleconference. Further discussion ensued. The council requested staff to provide a budget for all-season turf for soccer fields.
Motion by Vice Mayor McLaughlin
Seconded by Councilmember Robinson
To accept the staff recommendation for the unspent funds; direct staff to insert $2 million of ongoing funding into the fiscal year 2024-2025 budget for the Community Crisis Response Program; and consider a change to the guiding fiscal policies. A friendly amendment made by Councilmember Robinson was accepted to add an allocation to start the process to move soccer fields into the Capital Improvement Plan; revisit the policy around other post-employment benefits (OPEB) and pension set-a-sides and make it clear when that percentage was taken in and from what funding source; and receive a budget amount from staff to allow for two to three additional soccer fields to move into the development process paying for planning and design.
Ayes (5): Councilmember Bana, Councilmember Robinson, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez
Absent (2): Councilmember Jimenez and Councilmember Willis Passed (5 to 2)
The council requested staff to provide at a future meeting more clarity on the OPEB and CalPERS process and how the contributions were determined.
Adopted Resolution Nos. 128-23(A) and 128-23(B)
Y. PUBLIC HEARINGS
Y.1 Cannabis Ordinance Amendments
HOLD a Public Hearing; and INTRODUCE (first reading) an ordinance making certain amendments to Richmond Municipal Code (RMC) Section 15.04.610.270 Marijuana/Cannabis Commercial Uses, that includes, but is not limited to, increasing the number of storefront retail permits and adding new non-storefront retail (delivery only) permits, with a certain amount of the new retailer licenses to be reserved for equity applicants – Community Development Department (Lina Velasco 510-620-6841).
Continued to the November 28, 2023, City Council meeting.
Z. NEW BUSINESS
Z.1 Status of Pacific Gas & Electric Projects in Richmond RECEIVE a presentation from Pacific Gas & Electric on projects in Richmond - Mayor Eduardo Martinez (510-620-6503) and Councilmember Claudia Jimenez (510-620-6565).
Withdrawn from the agenda.
Z.2 Itemize Budget for Public Emergency Preparedness for Public Disasters- Earthquake and Wildfire
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RECEIVE a presentation from Councilmember Bana; and PROVIDE DIRECTION to City staff to develop a funding plan of $1.09 million for wildfire and earthquake safety in November 2023, and return with an additional proposal for appropriations during Mid-Year Fiscal Year 2023-24 – Councilmembers Soheila Bana (510-779-7280) and Cesar Zepeda (510-620-6593). This item was continued from the October 24, 2023, meeting.
Councilmember Bana introduced the matter and presented PowerPoint that highlighted the following: preparedness for public disasters; goals and potential funding sources; Contra Costa Measure X; vulnerable resources; fire hazard zones; remote control mower and goat/sheep brush clearing; city-wide public disaster preparedness and study planning; fire access lanes accessibility; dedicated fire inspector; chipper truck and chipper; Wildland Urban Interface/3DI software management tool; public awareness; fireboat/marine unit; training; vegetation management; earthquake early warning; request for $500,000 in funding for immediate needs; and direction for staff to identify additional funding sources and a timeline. Discussion ensued. The council suggested that this matter be returned to a future meeting after review by the interim fire chief. The council requested staff to return to a future council meeting with a financial source for a wildfire prevention plan and a list in order of importance.
(At 11:00 a.m. - a motion made by Councilmember Zepeda, seconded by Councilmember Bana, to extend the meeting to hear Item W.12.e, passed by the unanimous vote of the City Council).
AA. ADJOURNMENT
There being no further business, the meeting adjourned at 12:19 a.m., in honor of veterans, to meet again on November 28, 2023, at 6:30 p.m.
Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Mayor