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RICHMOND, CALIFORNIA, July 2, 2024
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Open Session was called to order at 3:07 p.m. by Mayor Eduardo Martinez.
B. ROLL CALL
Present: Councilmembers Gayle McLaughlin, Doria Robinson, Melvin Willis, Cesar Zepeda, and Mayor Eduardo Martinez. Absent: Councilmember Soheila Bana and Vice Mayor Claudia Jimenez were absent for the entire meeting.
Chief Assistant City Attorney Shannon Moore suggested adding an additional closed session item to the agenda pursuant to Government Code Section 54952(b)(2) because the city received notice of a filing of a writ of mandate after the July 2, 2024, City Council agenda was published. Ms. Moore requested the matter be placed on the agenda as follows: (1) conference with legal counsel - existing litigation (Government Code Section 54956.9), case name "Coalition for Richmond's Future and Daniela Dickey vs.
Pamela Christian, City of Richmond City Clerk; Kristin B. Connelly, Contra Costa County Clerk, and does"; and (2) conference with legal counsel - anticipated litigation (significant exposure to litigation under Government Code Section 54956.9(d)(2) and (3) as "one case".
Motion by Mayor Martinez
Seconded by Councilmember Zepeda
To add the suggested closed session item to the agenda.
Ayes (5): Councilmember McLaughlin, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, and Mayor Martinez
Absent (2): Councilmember Bana and Vice Mayor Jimenez
Passed (5 to 2)
C. CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9)
Claimant: Patrick Jackson
Claimant: Kwesi Guss
Claimant: Gary Miner
Claimant: Shanita Harris
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C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Hanlees Hilltop Buick et al. v. City of Richmond
Agress v. City of Richmond
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
Two Cases
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
5. IAFF Local 188
6. Richmond Fire Management Association RFMA
C.5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: Point Molate (site of former Naval Shipyard Depot) Agency Negotiator: Dave Aleshire
Negotiating Parties: East Bay Regional Park District & Tribe & Upstream Point Molate LLC
Under negotiation: Price and terms of payment
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
The following individuals gave comments in person regarding Item C.5 (Point Molate property negotiation): David Helvarg, Toney Wright, Debbie Bayer, Robert Cheasty, and Pam Stello. The following individuals gave comments via teleconference regarding Item C.5: Sally Tobin, Norman La Force, and Tarnel Abbott.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 3:23 p.m. Closed Session adjourned at 6:39 p.m.
F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
The Regular Meeting of the Richmond Housing Authority was called to order at 6:42 p.m. by Chairperson Eduardo Martinez.
G. PLEDGE OF ALLEGIANCE
Chairperson Martinez led the Pledge of Allegiance to the flag.
H. ROLL CALL
Present: Commissioners Gayle McLaughlin, Doria Robinson, Melvin Willis, Cesar Zepeda, Chairperson Eduardo Martinez, and Housing Authority Tenant Commissioner
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Jaycine Scott. Absent: Commissioner Soheila Bana and Vice Chairperson Claudia Jimenez were absent for the entire meeting.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
No changes.
K. HOUSING AUTHORITY OPEN FORUM
There were no public comments.
L. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Tenant Commissioner Scott
Seconded by Commissioner Willis
To approve the item on the Housing Authority Consent Calendar.
Ayes (6): Commissioners McLaughlin, Robinson, Willis, Zepeda, Chairperson Martinez, and Tenant Commissioner Scott.
Absent (2): Commissioner Bana and Vice Chairperson Jimenez.
Passed (6 to 2)
L.1 Standing Purchase Order (PO) For Maintenance, Repair, And Unit Turnover Activities for Public Housing Sites
ADOPT a resolution authorizing a standing purchase order with HD Supply for an amount not to exceed $280,000, for maintenance, repairs, and unit turnover activities ending June 30, 2026 - Richmond Housing Authority (Gabino Arredondo 621-1300).
Adopted Resolution No. 2199
M. ADJOURNMENT
There being no further business, the meeting adjourned at 6:45 p.m.
N. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:45 p.m. by Mayor Martinez.
O. ROLL CALL
Present: Councilmembers McLaughlin, Robinson, Willis, Zepeda, and Mayor Martinez.
Absent: Councilmember Bana and Vice Mayor Jimenez were absent for the entire meeting.
P. STATEMENT OF CONFLICT OF INTEREST
Councilmember Robinson recused herself from voting on Item V .4.c (Environmental Protection Agency Community Change grant) because her employer was applying for the same grant.
Q. AGENDA REVIEW
City Clerk Pamela Christian announced a correction for Item V .12.a (Residential Rental Housing Fee) due to the Rent Board adopting its budget on Friday, June 28, 2024, and lowering the rental housing fees by $1. The Fiscal Year 2024-2025 rental housing fees were revised to $238 per controlled rental unit and $135 per partially covered rental unit.
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R. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Chief Assistant City Attorney Shannon Moore reported that all items were discussed except Item C.2 (Agress case) and Item C.4 (labor negotiations). Ms. Moore stated there were no reportable actions on the items discussed.
S. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported on the following July 2024 events: Third of July Fireworks at Marina Bay Park; cooling centers were available during the heat advisory at Nevin Park, and the county's Employment and Human Services Department building located at 1305 Macdonald Avenue; and the Contra Costa Housing Authority waitlist deadline was extended to July 18, 2024, with in-person application support at Richmond City Hall.
Deputy City Manager Community Services LaShonda White announced that the city's Reimagining Public Safety Community (RPSC) Task Force sunsetted on June 30, 2024, after four years of service. Ms. White presented a PowerPoint that highlighted the following: task force accomplishments and metrics; community outreach; and acknowledgments to members and staff liaisons.
S.1 NEW EMPLOYEE REPORT - 1st Tuesday
Director of Human Resources Sharrone Taylor presented a PowerPoint that highlighted June 2024 new hires and promotions in the following departments/divisions: Public Works; City Attorney's Office; Economic Development; Recreation; and Police.
T. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS) (limited to two minutes per Councilmember) (public comments were allowed under Open Forum)
Councilmember Robinson reported on the following: the city's Historic Preservation Commission reached a compromise on an ongoing issue regarding Brickyard Cove’s historic kilns and chimney; Wellness Trail volunteer cleanup days on July 20 and August 24, 2024; and the Juneteenth flag-raising event at the Civic Center.
Councilmember Zepeda reported on the following: Wellness Trail volunteer cleanup days; Point Richmond Music Festival every last Friday of the month; Parchester mural event on July 13, 20, and 27, 2024; and new art exhibits in the Council Chamber.
Councilmember Willis reported on the following: Richmond community tool lending library; volunteer cleaning of Pennsylvania Avenue medians; the Clean Slate Program; parking enforcement along the 23rd Street corridor; and concerns with ticketing senior residents of the Terraces at Nevin. Councilmember Willis requested an update from staff regarding the lighting outage on the Pennsylvania Avenue overpass.
Councilmember McLaughlin acknowledged staff for work on the Clean Energy and Home Decarbonization Project and the Sea Level Rise Adaption and Resiliency Plan.
Councilmember McLaughlin announced a Sea Level Rise Summit on September 28, 2024, in the Council Chamber.
Mayor Martinez reported on his participation in a Bloomberg Philanthropies conference in Baltimore, Maryland.
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U. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remained on the Consent Calendar or items not on the agenda were limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council was prohibited)
Don Gosney gave comments regarding the oaths of elected leaders to represent constituents. Mr. Gosney expressed concerns regarding protection from the council and disrespect.
Patricia Perez commended the Richmond Police Department (RPD) for its improvements under new leadership. Ms. Perez gave comments regarding the judicial system and an RPD incident that occurred on May 5, 2024.
Rick Perez advised that he was working on a street name change in honor of his son, Richard "Pedie" Perez. Mr. Perez expressed concerns regarding the timing of the street name procedures. Mr. Perez gave comments in memory of Adey Teshager of the Safe Return Project organization.
Cordell Hindler recommended the council hold a joint meeting with the West Contra Costa Unified School District to collaborate. Mr. Hindler expressed concerns regarding overgrown weeds near the Richmond Memorial Auditorium. Mr. Hindler also expressed concerns regarding the long hours staff waited to present items at the last council meeting.
Andrew Bassak gave comments regarding Item V .1.e (approval of Measure U settlement agreement). Mr. Bassak requested the council to waive or exclude the business tax late penalty fee.
Vanessa Calloway gave comments clarifying that the Way 2 Love organization did not owe rental payments as alleged by a landlord at a previous council meeting. Ms.
Calloway explained there was a transition in housing services funds. Ms. Calloway acknowledged the landlord for opening his properties to unhoused families.
Kimberly Graves expressed concerns regarding the city's rent control ordinance, staff salary increases, and the allowable annual rent increase. Ms. Graves informed the council she was not allowed to move back into her rental property and urged the council to re-evaluate its morality.
Mark Wassberg gave comments regarding the presidential debate broadcasted on June 27, 2024.
Ken Wohlgeschaffen, Michelle McGoon, Esperanza Pineda, and Caitlin Powell gave comments in support of the Richmond Chevron Refinery. The group highlighted refinery air quality improvements, safety, community volunteering, and the mutual aid agreement with the Richmond Fire Department.
Michelle Milam acknowledged Richmond's Juneteenth Celebration participants and the city for increased funding. Ms. Milam highlighted Juneteenth's history and the legacy of race equity.
Amanda Mahan reported that the building located at 3220 Macdonald Avenue was dirty and needed to be cleaned.
Raymond Landry advised that the Independent Holiness Church received a notice that it was charging a fee to house unhoused individuals. Mr. Landry clarified that the church did not receive a fee to provide housing, it was the church that provided resources to organizations to provide housing.
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The following individual gave comments via teleconference:
Emily Ross acknowledged city staff, the council, and the RPSC Task Force for its work.
Ms. Ross gave comments in memory of Adey Teshager.
Tarnel Abbott expressed healing wishes for Julie Perez and sympathy to Vice Mayor Jimenez for the loss of a family member. Ms. Abbott expressed concerns regarding city vacancies in union positions, particularly in the Public Works Department. Ms. Abbott gave comments regarding race and economic equity.
Jessi Taran expressed concerns regarding the Supreme Court decision that allowed municipalities to criminalize homelessness by banning encampments. Ms. Taran suggested assigning city cleaning tasks to unhoused individuals in exchange for shelter.
Ms. Taran urged the council to include unhoused residents in discussions regarding homelessness.
Rodney Brown expressed condolences to the family of Adey Teshager and victims of gun violence. Mr. Brown announced the Soulful Softball Sunday's 10th Anniversary event at Nicholl Park on August 18, 2024. Mr. Brown announced the upcoming release of a film called "Community Love" that was premiering in Richmond October 2024.
V. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar were considered to be routine and noncontroversial. These 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 Willis
To approve all items on the Consent Calendar.
Ayes (5): Councilmember McLaughlin, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, and Mayor Martinez
Absent (2): Councilmember Bana and Vice Mayor Jimenez
Passed (5 to 2)
Councilmember Robinson was recused from Item V .4.c.
V .1 City Attorney's Office
V .1.a Legal Services Agreement
APPROVE a legal services agreement with Neumiller & Beardslee, to provide legal advice and representation for employment matters in an amount not to exceed $200,000, for a term beginning June 17, 2024, to June 30, 2027 – City Attorney’s Office (Kimberly Chin 510-620- 6709/Shannon Moore 510-620-6505).
V.1.b Second Amendment to the Legal Services Agreement with Goldfarb & Lipman LLP for land use matters, including Denham II litigation.
APPROVE a second amendment to the legal services agreement with Goldfarb & Lipman LLP, and increase the compensation by $150,000 for an amount not to exceed $525,000 – City Attorney’s Office (Dave Aleshire 510-620-6509/Shannon Moore 510-620-6505).
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V .1.c Nepotism in City Boards, Commissions, Committees and Task Forces INTRODUCE an ordinance (first reading) preventing the appointment of immediate family members of City Councilmembers, the City Manager, or City Department Heads, from serving on Richmond boards, commissions, committees, and task forces, and limiting an individual’s participation to one such City body at a time – City Attorney’s Office (Dave Aleshire 510- 620-6509).
V .1.d Agreement with Safe Organized Spaces Richmond for Work Related to the Clean California Grant for Encampment Services
APPROVE the agreement with Safe Organized Spaces Richmond to employ unhoused individuals for illegal dumping mitigation, provide housing support services for encampment residents, and provide supportive wellness services for encampment residents, in the amount of $109,546.96, with a term ending December 31, 2024 – City Attorney’s Office (David Aleshire 510-620-6509)
V .1.e Approval of Settlement Agreement
APPROVE settlement agreement and AUTHORIZE staff to proceed with Ordinance amending Measure U to create Class Q for automobile dealers - City Attorney's Office (Dave Aleshire 510-620-6509).
V .2 City Council
V .2.a Exploring Incentives to Encourage All-Electric Buildings in New Construction
DIRECT staff to explore incentives to provide to developers that refrain from using natural gas in new construction buildings and return to City Council in the fall with recommendations – Councilmembers Cesar Zepeda (510-620-6593) and Gayle McLaughlin (510-620-6636).
V .2.b Richmond Fire Department and West Contra Costa Fire Safe Council collaboration for an open house at Fire Station 64
APPROVE the collaboration between the Richmond Fire Department and the West Contra Costa Fire Safe Council (WCCFSC) to host an Open House at Fire Station 64 on October 6th, in recognition of National Fire Prevention Week and to utilize department funds in combination with donations raised by WCCFSC not to exceed $2,500 - Councilmember Soheila Bana (510-672-6743).
V .3 Community Development
V .3.a Sidewalk Vendor Ordinance
ADOPT an ordinance (second reading) adding new Chapter 7.42 Sidewalk Vending regulations in the Richmond Municipal Code consistent with state law and AUTHORIZE the city manager or her designee to execute any agreements necessary to establish and implement a Mobile Vendor Plaza Program aimed at creating opportunities for sidewalk vendors and other interested parties to continue their businesses in a regulated and licensed manner. The Ordinance is not a project under the California Environmental Quality Act (CEQA), in that it maintains the existing physical environment and prevents changes in the environment (CEQA Guidelines Section 15378(a)). It is also exempt under Guidelines Sections 15060(c)(2) and Section 15061(b)(3) - Community Development
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Department/Public Works Department (Lina Velasco 510-620-6841/Daniel Chavarria 510-620-5478).
Adopted Ordinance No. 07-24 N.S.
V .3.b Contract Amendment with RCF Connects for Unhoused Services APPROVE a contract amendment No. 4 with RCF to add $1,403,658.17 in additional funding for the Richmond Housing First Emergency Housing Assistance Programs and the Encampment Resolution Fund (ERF 2R), for a total contract amount not to exceed $4,365,376.12, for a term extending through June 30, 2025 – Community Development Department (Lina Velasco/Jesus Morales 510-620-6706).
V .3.c Sole-Source Contract with Contra Costa County to Provide Project Management & Services Support for Encampment Resolution Funding 2 (ERF-2R)
AUTHORIZE the city manager or designee to negotiate and execute a sole-source contract with Contra Costa County Health, Housing & Homeless to provide Project Management, Care Management, and Interim Housing Solutions for the Encampment Resolution Funding Round 2 project for an amount not to exceed $1,238,102, for a term beginning July 15, 2024, through July 15, 2025; and DIRECT staff to return in September to report to the Council and community regarding the contract scope and project activities – Community Development Department (Lina Velasco/Jesus Morales 510-620-6649).
V .4 Economic Development
V .4.a Negotiations with the Top-Ranked Proposal for Solid Waste Collection Agreement Request for Proposal (RFP).
ADOPT a resolution authorizing the city manager and/or her designee to proceed with negotiations with the top-ranked proposal, Richmond Sanitary Services Inc, a subsidiary of Republic Services for the City’s solid waste collection services and franchise agreement – Economic Development Department (Samantha Carr 510-620-5407).
Adopted Resolution No. 77-24
V .4.b Acceptance of the Painting Project at 1322 and 1325 Canal Blvd ADOPT a resolution accepting the painting project of 1322 and 1325 Canal Boulevard completed under Fresh Start Painting; and AUTHORIZE the Port Director to execute associated documents to record the project – Economic Development Department (Charles Gerard 510-215-4600).
Adopted Resolution No. 78-24
V .4.c Authorization to Apply for the EPA Community Change Grant ADOPT a resolution authorizing the city manager and/or her designee to execute all documents necessary to apply for and verify the parties’ commitments toward project implementation of the Environmental Protection Agency Community Change grant including entering into a Memorandum of Understanding (MOU) with co-applicants – Economic Development Department (Nannette Beacham 510-620-1306/Samantha Carr 510-620-5407/Yahna Williamson 510-620-6574).
Adopted Resolution No. 79-24. Councilmember Robinson was recused.
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V .4.d Environmental Support for Terminal 1 Site
APPROVE a sole-source contract with WSP USA Environmental & Infrastructure, Inc. (formerly Wood Environment & Infrastructure Solutions, Inc.) for a total amount not to exceed $196,600, through August 31, 2026, to complete ongoing environmental support, including groundwater monitoring and reporting in compliance with the clean-up order issued by the Regional Water Quality Control Board – Economic Development Department (Charles Gerard 510-620-6792).
V .4.e Allen Brothers Steak and Seafood Facility Public Art Mural and Mosaic Tile Project
ADOPT a resolution to APPROPRIATE $250,000 in Arts & Culture private developer funds; and APPROVE two contracts, one with Hungry Ghost Productions in the amount of $210,000, for the installation of a mural, and another with Wilma Wyss in the amount of $40,000, for the installation of mosaic tabletops at the Allen Brothers Steak and Seafood Facility located at 211 West Cutting Boulevard, for the term beginning July 3, 2024, through June 30, 2025 – Economic Development Department (Nannette Beacham 510-621-1306/Winifred Day 510-620- 6952).
Adopt Resolution No. 80-24
V .4.f Contract with Renaissance Entrepreneurship Center for Assistance for Small Businesses Impacted by COVID-19
APPROVE the professional services contracts with Renaissance Entrepreneurship Center to provide assistance to small businesses impacted by COVID-19, in an amount not to exceed $650,000 with a term ending December 31, 2026; and AUTHORIZE the city manager or her designee to negotiate and approve additional scope(s) of work, if necessary, for additional amounts not to exceed $100,000 – Economic Development Department (Nannette Beacham 510-621-1306/Lizeht Zepeda 510-620-6653/Kyle Lam 510-620-6802).
V .5 Finance Department
V .5.a Investment and Cash Balance Report and Monthly Overtime Reports for the Month of May 2024
RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of May 2024 – Finance Department (Andrea Miller 510-620-6740).
V .5.b Proposed Fourth Amendment to the Contract with Via Actuarial Services Formerly Known as Van Iwaarden Associates
APPROVE the fourth amendment to the contract with VIA Actuarial Services, formerly known as Van Iwaarden Associates, for actuarial services necessary for retiree healthcare plan and pension fund management, increasing the contract amount by $21,500 for a total not to exceed amount of $166,500, and extend the contract term through June 30, 2025 – Finance Department (Andrea Miller/Mubeen Qader 510-620- 6740).
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V .6 Human Resources
V .6.a Second contract amendment with Gallagher Benefits Services (FKA Koff and Associates)
APPROVE a first amendment to the contract with Koff & Associates for $50,000, for a total not-to-exceed amount of $100,000, for recruitment services with a term ending June 30, 2025 – Human Resources Department (Nickie Mastay/Sharrone Taylor 620-6602).
V .6.b Contract with the Century Group for Recruitment and Temporary Staffing Services on an As-Needed Basis
APPROVE a contract with the Century Group for recruitment and temporary staffing services for the term of July 2, 2024, through June 30, 2025, in an amount not to exceed $100,000 – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).
V .6.c Du-All Safety Three-year Contract
APPROVE a three-year contract with Du-All Safety in the amount of $480,960 divided equally over the next three fiscal years for the purpose of administering the City’s safety program - Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).
V .6.d Agreement with George Hills Company, Inc.
APPROVE a three-year (Fiscal Year 24-25 – Fiscal Year 26-27) contract with two optional one year extensions with George Hills Company, Inc. to provide third-party administration of general liability claims received by the City in an amount not to exceed $ 660,000 – Human Resources Department (Nickie Mastay 510-620-6609/Sharrone Taylor 510-620- 6803).
V .6.e Amend the salary schedule
ADOPT a resolution amending the salary schedule to add the Lending Library Specialist classification – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).
Adopt Resolution No. 81-24
V .6.f Cooperative Personnel Services - HR (CPS) Consulting Services Third Contract Amendment
APPROVE a third amendment to the Cooperative Personnel Services HR Consulting (CPS) contract to amend the scope of services for the Fiscal Year 2023-24 Fire Promotional recruitments and training, and increase the payment limit by $200,000, for a new total contract amount not to exceed $639,080 – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).
V .6.g Amend Position Control
ADOPT a resolution to amend staffing and position control – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).
Adopted Resolution No. 82-24
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V .7 Information Technology
V .7.a Proposed Thirteenth Amended Contract with Tyler Technologies for License, Maintenance, Training, and Services
APPROVE an amendment to extend the term to the agreement with Tyler Technologies for Software as a Service (SaaS) for the MUNIS Enterprise Resource Planning (ERP) System for a single extended term of one year, or twelve months, with a not to exceed amount of $672,556 – Information Technology Department (Sue Hartman 510-620-6874).
V .7.b Resolution Confirming Standing Orders and Outline Agreements for Technology Related on Demand Hardware, Software, and Services from Various Vendors
ADOPT a resolution authorizing the Division of Information Technology to use standing orders/outline agreements for technology related goods and services from pre-approved vendors in support of essential City of Richmond hardware, software, and services, in an amount not to exceed $750,000 per year per vendor for Fiscal Years 2024-2025 through 2027- 2028 with review and approval from the City Attorney’s Office - Information Technology Department (Sue Hartman 510-620-6874).
Adopted Resolution No. 83-24
V .8 Library and Community Services
V .8.a Sole-Source Contract with Midwest Tape, LLC for Hoopla Service for Library Patrons
APPROVE a sole-source contract with Midwest Tape LLC, for an amount not to exceed $30,000, for a three-year term beginning July 1, 2024, and ending June 30, 2027, to provide free access to web-based application for e-books and streaming media - Community Services Department (Kate Eppler 510-620-5452/Christopher Larsen 510-620-5524).
V .8.b Sistas on the Links Grant Funds for the Summer Youth Golf Program ADOPT a resolution to ACCEPT and APPROPRIATE grant funds in the amount of $3,500 from the Sistas on The Links Golf Club for a summer youth golf program – Community Service Department (LaShonda White/Ranjana Maharaj/Tetteh Kisseh 510-620-6919).
Adopted Resolution No. 84-24
V .8.c Zumba contract with Oscar I. Solano Jr. Dba ZumbaRico Fitness APPROVE a contract with Oscar I. Solano, Jr. DBA ZumbaRico Fitness, to provide Zumba and Aqua Zumba classes with a term beginning July 2, 2024, through June 30, 2027, in an amount not to exceed $105,000 – Community Services Department (LaShonda White/Ranjana
Maharaj/Tetteh Kisseh 510-620-6919).
V .8.d Sole-Source Contract with Playaway Products LLC
APPROVE the sole-source contract with Playaway Products LLC for a term beginning July 1, 2023, and ending June 30, 2026, in an amount not to exceed $20,000 per year and $60,000 over the life of the contract to provide and support Launchpad tablets and Wonderbooks designed for library circulation - Community Services Department (Kate Eppler 510- 620-5452/Christopher Larsen 510-620-5524).
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V .8.e First Contract Amendment with Jason Corburn for Data Storage and Data Management Services.
APPROVE the first contract amendment with Jason Corburn to provide data storage and processing costs, and a data visualization tool built exclusively for the Office of Neighborhood Safety, extending the term to June 30, 2026, and increasing the contract amount by $90,000, for a not to exceed total contract amount of $130,000 – Community Services Department (LaShonda White 510-620-6828/Sam Vaughn 510-620-5422).
V .8.f Contract with FolgerGraphics Inc. to Print and Mail Recreation Activity Guides
APPROVE a contract with FolgerGraphics, Inc., to print two editions of the Recreation Activity Guides annually in Fiscal Years 2024-2025, 2025- 2026, and 2026-2027, for a total not to exceed contract amount of $135,000, and for a contract term beginning July 2, 2024, through June 30, 2027 - Community Services Department (LaShonda White 510-620- 6828/Ranjana Maharaj 510-620-6972/Angelica Howay 510-620-6796).
V .8.g Contract with Cheryl Maier
APPROVE a contract with Cheryl Maier to serve as the American Job Centers of California (AJCC) Coordinator for the Richmond Workforce Development Board (RWDB) for a term commencing July 1, 2024, and ending June 30, 2025, for a total compensation amount not to exceed $20,000 – Community Services Department (LaShonda White 510-620- 6828/Tamara Walker 510-307-8006).
V .8.h Contract Amendment with Oakland Private Industry Council to Serve as a Contracting/Vendor Pay Agent for the RichmondWORKS Program APPROVE an amended contract with the Oakland Private Industry Council to provide additional services as the Contracting/Vendor Pay Agent for RichmondWORKS, Workforce Innovation and Opportunity Act (WIOA), and other grant-funded program participants, increasing the contract payment limit by $280,397, for a total not to exceed amount of $860,306.38, with the term ending June 30, 2025 – Community Services Department (LaShonda White 510-620-6828/Tamara Walker 510-307- 8006).
V .8.i Amended Contract with Express Employment Professionals APPROVE an amended contract with Express Employment Professionals to provide as-needed temporary staffing services, increasing the compensation limit by $35,000, for a total compensation amount not to exceed $45,000, and for a term ending December 31, 2024 – Community Services Department (LaShonda White 510-620-6828/Tamara Walker 510-307-8006).
V .8.j Purchase of Two Ford Transit Vans for the Community Crisis Response Program
APPROVE the purchase of two Ford Transit vans for a total cost of $108,200 for the Community Crisis Response Program - Community Services Department (LaShonda White 510-620-6828/Sam Vaughn 510- 620-5404/Michael Romero 510-620-6791/Dee Karnes 510-231-3044).
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V .8.k Agreements with Lyft Inc. and UBER Inc. to Provide Transportation Services to Ambulatory Richmond Paratransit Riders
APPROVE the service agreements with Lyft, Inc., and UBER Inc. to provide transportation services for ambulatory (non- wheelchair) Paratransit clients in an amount not to exceed $200,000 annually for each vendor, for a three-year term beginning July 1, 2024, and ending June 30, 2027, with an option for two additional one-year extensions at $200,000 for each option year per vendor – Community Services Department (LaShonda White 510-620-6828/Lori Reese 510-620-6512).
V .9 Mayor's Office
V .9.a Appointment(s) to the Design Review Board
APPOINT Ben Kellman and Bahar Biazar to the Design Review Board, to fill vacant positions, terms expire March 17, 2026 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
V .9.b Commission on Aging Appointment
APPOINT Rev. Donna Decamp to the Commission on Aging, to fill an unexpired term, term expires May 19, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
V .9.c Appointment(s) to the Design Review Board
APPOINT Karlyn Neel to the Design Review Board, filling a vacant position, term expires March 17, 2026 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
V .9.d Appointment of Richmond representative for Public Bank East Bay APPOINT Mayor Eduardo Martinez as the Richmond representative to the Public Bank of the East Bay — Mayor's Office (Mayor Eduardo Martinez 510-620-6503).
V .10 Police Department
V .10.a RPD Sole-Source Contract with Veritone for Redaction Software as a Service
APPROVE the sole-source contract with Veritone for their Redact Software as a Service (SaaS) for a contract amount of $49,500 for the period July 1, 2024, through June 30, 2027 – Police Department (Chief Bisa French 510-621-1802).
V .11 Public Works
V .11.a Piggyback Contract with Angeles Contractor, Inc.
APPROVE an agreement with Angeles Contractor, Inc. in an amount not to exceed $300,000 for a term ending June 7, 2025 – Public Works Department (Daniel Chavarria 510-620-5478/Carl Capistrano 510-620- 6896).
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V .11.b Marina Bay Park Computer Irrigation System Upgrade APPROVE a sole-source contract with SiteOne Landscape Supply to upgrade the computer irrigation system at Marina Bay Park, in an amount not to exceed $13,656.23, for a term beginning July 1, 2024, through June 30, 2025; and APPROPRIATE $13,656.23 to account string
11533931-400642 – Public Works Department (Daniel Chavarria/Tawfic Halaby/Greg Hardesty 510-620-6920).
V .11.c Lincoln Elementary SRT Construction Contract Termination Letter ADOPT a resolution to terminate a construction contract with Corcus Construction, Inc.; DIRECT Public Works staff to rebid the Lincoln Elementary School Safe Route to School Improvement Project CML- 5137(055); AND RE-APPROPRIATE funds in the General Capital Fund in the amount of $103,831 and Engineering Grants Fund in the amount of $496,000 in Fiscal Year 2024-25 - Public Works Department (Robert Armijo 510-620-5477/Ken Cheng 510-621-1612).
Adopted Resolution No. 85-24
V .11.d Grant City Manager Authority to Award Traffic Calming Project Bids and Authorize Public Works Director to Approve Change Orders During Council Recess
ADOPT a resolution authorizing the city manager to award bids and execute contracts with the lowest responsive and responsible bidder for the Traffic Calming 18 Locations Project up to the budgeted amount of $1.6 million; and AUTHORIZE the Director of Public Works to approve change orders up to 10 percent of the construction costs, provided these change orders remain within the overall project budget - Public Works Department (Daniel Chavarria 510-620-5478/ Robert Armijo 510-620- 5477).
Adopted Resolution No. 86-24
V .11.e Proposed Contract Amendment for the Fiscal Year 2024-25 Phase I Grade 5 RAA Sewer Line Replacement and/or Rehabilitation of the Sanitary Sewer Collection System as stated in the Baykeeper Settlement Agreement ADOPT a resolution authorizing the issuance of a Task Authorization to Veolia Water to manage (on behalf of the City) subcontracts with: APB General Engineering, VW Housen and Questa Engineers to replace and/or rehabilitate additional sanitary sewer pipelines in the amount of $2,523,963 - Public Works Department (Robert Armijo 510-620- 5479/Mary Phelps 510-621-1269).
Adopted Resolution No. 87-24
V .11.f Resolution Authorizing the City Manager to Execute Recurring Contracts and Agreements
ADOPT a resolution authorizing the city manager to execute recurring contracts per Fiscal Year, as adopted annually by each governing board (not to exceed) as listed: Contra Costa County - North Richmond Storm Drain Pump Station $75,000, Clean Water Program $385,000; California State Water Resources Control Board - WWTP National Pollutant Discharge Elimination System (NPDES) $125,000, City of Richmond Stormwater NPDES permit $40,500, Sanitary Sewer Overflow Waste Discharge Requirement (WDR) Permit $45,500; Other Agencies - West
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County Agency $850,000, Stege Sanitary District Sewer Use Fees $43,500, Caltrans $125,000, West Contra Costa Transportation Advisory Committee (WCCTAC) $167,000, Contra Costa Transportation Advisory Committee (CCTAC) $27,000 - Public Works Department (Daniel Chavarria 510-621-5478/Mary Phelps 510-621-1269).
Adopted Resolution No. 88-24
V .11.g Contract with Pavement Coatings Co. for the 2024 Slurry Seal Project ADOPT a resolution to AWARD a construction contract to Pavement Coatings Co., the lowest responsive and responsible bidder, for implementation of the 2024 Slurry Seal Project, in the amount of $2,957,767,68; and AUTHORIZE the Director of Public Works to approve change orders, if necessary, for up to a fifteen-percent contract contingency amount of $443,665.15, for a total not-to-exceed contract amount of $3,401,432.83; and APPROPRIATE funds in the amount of $885,431.83 in the Senate Bill 1 Road Maintenance and Rehabilitation Act Fund 1019 – Public Works Department (Daniel Chavarria 510-620- 5478/Tawfic Halaby 510-620-5482).
Adopted Resolution No. 89-24
V .11.h Sole-Source Contract with Schaaf & Wheeler to finish Ferry Point Pump Station project
APPROVE a sole-source contract with Schaaf & Wheeler for a total not- to-exceed amount of $50,000 for a term ending on January 1, 2025, to finish the construction-related engineering services for the Ferry Point Pump Station Project – Public Works Department (Daniel Chavarria 510- 620-5478/Jeffrey Barich 510-412-2009).
Adopted Resolution No. 90-24
V .11.i Contract with Forster & Kroeger Landscape Maintenance, Inc., for Point Molate vegetation management
APPROVE a six-month contract with Forster & Kroeger Landscape Maintenance, Inc., beginning on July 1, 2024, and ending on December 31, 2024, in an amount not to exceed $45,000 – Public Works Department (Daniel Chavarria 510-620-5478/Greg Hardesty 510-620-6920).
V .11.j Contract Amendment #2 Ninyo & Moore for Materials Testing Services APPROVE a second contract amendment with Ninyo & Moore, in the amount of $500,000, for ‘as-needed’ construction materials testing services, for a new total contract amount not to exceed $1,350,000 – Public Works Department (Daniel Chavarria 510-620-5478/ Jene Levine- Snipes 510-307-8132).
V .11.k Authorize the City Manager to Award and Execute a contract for up to $300,000 for the Storm Drainage Rate Study during the City Council’s recess.
ADOPT a resolution granting the city manager the authority to AWARD and EXECUTE a contract to the consultant firm selected by a review panel of City Staff in an amount not to exceed $300,000 - Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-620- 5477/Jeffrey Barich 510-412-2009)
Adopted Resolution No. 91-24
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V .11.l Resolution Approving Emergency Contract with Veolia for the Sludge Thickener Project at the Wastewater Treatment Plant
ADOPT a resolution approving the emergency justification contract for the Sludge Thickener Project located at the Richmond Wastewater Treatment Plant in an amount not to exceed $13,000,000 (construction cost plus 15.25 percent contingency) – Public Works Department (Robert Armijo 510-620-5477/Jeffrey Barich 510-412-2009).
Adopted Resolution No. 92-24
V .11.m Sole-Source Contract with Contra Costa Electric APPROVE a sole-source contract with Contra Costa Electric in an amount not to exceed $28,800, including a 20 percent contingency, for emergency repair and maintenance of the City Hall backup generator transfer switch, with a one-year term – Public Works Department (Daniel Chavarria 510- 620-5478/Carl Capistrano 510-620-6896).
V .11.n Contract with Hi-Tech Emergency Vehicle Services for Apparatus Repairs APPROVE a three-year contract with Hi-Tech Emergency Vehicle Services for as-needed repairs to police and fire apparatus for an aggregate amount not to exceed $255,000 – Public Works Department (Daniel Chavarria 510-620-5478/Dee Karnes 510-231-3044).
V .11.o Contract with Owen Equipment Sales for As-Needed Repairs APPROVE a three-year contract with Owen Equipment Sales for parts and as-needed repairs, for an aggregate amount not to exceed $120,000 – Public Works Department (Daniel Chavarria 510-620-5478/Dee Karnes 510-231-3044).
V .12 Rent Program
V .12.a Resolution Establishing the Fiscal Year 2024-25 Residential Rental Housing Fee
ADOPT a resolution establishing the Fiscal Year 2024-25 Residential Rental Housing Fee in the amount of $239 $238 per Controlled Rental Unit, and $136 $135 per Partially Covered Rental Unit – Rent Program (Nicolas Traylor 510-620-6564).
Adopted Resolution No. 93-24
W. PUBLIC HEARINGS
City Clerk Pamela Christian announced that it was time, pursuant to public notice, to hold a public hearing on two items.
W.1 Public Hearing to Consider the Director’s Report on Sewer Service Charges for the Collection of the Sanitary and Storm Fees for Fiscal Year 2024-25 HOLD a public hearing; and ADOPT a resolution approving the Director’s Report of sewer service charges for Fiscal Year 2024-25 allowing for the sanitary and stormwater fees to be collected on the annual 2024-25 tax rolls – Public Works Department (Daniel Chavarria 510-620-5478/Mary Phelps 510-620-1269).
Deputy Director of Public Works Robert Armijo introduced the matter. Water Resource Division Manager Mary Phelps gave an oral report. Mayor Martinez declared the public hearing opened. There were no public comments. Mayor Martinez closed the public hearing. Discussion ensued.
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Motion by Councilmember Willis
Seconded by Councilmember Zepeda
To adopt said a resolution.
Ayes (5): Councilmember McLaughlin, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, and Mayor Martinez Absent (2): Councilmember Bana and Vice Mayor Jimenez
Passed (5 to 2)
Adopted Resolution No. 94-24
W.2 Sidewalk Vending Fee
HOLD a Public Hearing; and ADOPT a Resolution approving adoption of permit fees for sidewalk vending and setting administrative fines for violations including vending without a special business permit - Community Development Department/Public Works Department/Finance Department (Daniel Chavarria/Lina Velasco/Andrea Miller 510-621-1220).
Deputy Director of Public Works Robert Armijo introduced the matter and presented a PowerPoint that highlighted the following: fiscal impact; regulatory background; ordinance details; proposed fees; administrative fines for violations; and enforcement and compliance. Discussion ensued. Staff clarified that the $200 administrative fine for the second violation with a permit was correctly stated in the staff report and presentation; and was incorrect in the resolution. The council requested tracking all vendor complaint interactions including demographics, frequency, name, location/region, and date/time of complaints.
Mayor Martinez declared the public hearing opened. The following individuals gave comments in person: Cordell Hindler, Mark Wassberg, and Rock (last name not stated). Tarnell Abbott and Jessi Taran gave comments via teleconference.
Mayor Martinez closed the public hearing. Further discussion ensued. The council requested staff to ensure street vendors were made aware of the financial hardship fee and penalty waivers and Spare the Air Day.
Motion by Councilmember Robinson
Seconded by Councilmember McLaughlin
To accept the proposed fees but not operationalize them until the following have been operationalized: a clear vendor outreach plan so vendors know that a permit is required and the rules to abide by; a clear protocol for tracking interactions and demographics to ensure and prevent selective enforcement; a clear way to submit and track complaints, locations, and vendors; and create at least a pilot of the Mobile Vendor Program that outlines ways people can get support capacity building the financial hardship program.
A friendly amendment made by Councilmember McLaughlin was accepted to correct the typographic error at the bottom of page two on the resolution. The fee for the second violation should have been $200 and not $250.
Ayes (5): Councilmember McLaughlin, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, and Mayor Martinez Absent (2): Councilmember Bana and Vice Mayor Jimenez
Passed (5 to 2)
Adopt Resolution No. 95-24
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X. NEW BUSINESS
X.1 Placing the Instant Runoff Voting Election Reform Act (IRV) Initiative on the November 5, 2024, General Election Ballot
ADOPT a resolution to submit to the City of Richmond electorate at the General Municipal Election to be held on November 5, 2024, an initiative to amend the City Charter to replace its current plurality voting method with that of Instant Runoff V oting (IRV) and AUTHORIZE the City Attorney’s Office and staff to finalize any necessary documents relating to the ballot measure – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
Mayor's Office Chief of Staff Shiva Mishek introduced the matter and the following community member consultants: California Rank Choice V oting Institute Executive Director Marcela Miranda-Caballero, FairV ote Elections Consultant Steven Hill, and California Rank Choice V oting Institute V olunteer Legal Chair Paul Haughey. Ms. Mishek presented a PowerPoint that highlighted the following: the current plurality voting system; instant runoff voting (IRV); charter language; ballot measure details; and financial costs. The following individuals gave comments in person: Don Gosney, Mark Wassberg, and Jose Abastida. The following individuals gave comments via teleconference: Michael Gilksohn, Janet Johnson, Jane Courant, Lynne Therriault, Marisol Cantu, Benjamin Therriault, Amber Hatfield, Emily Ross, and Tarnel Abbott. Discussion ensued. The Council suggested the following: modify the proposed Initiative Text (Exhibit A) to clarify the language in the last sentence of Section 3 (Instant Runoff V oting); clarify and define ongoing costs; and add to the ballot question to the voters, a date certain to commence IRV with an opt-out option per Mr. Hill's advice that typical language used would be, "unless the election officials indicate that for technical reasons the voting equipment is not ready in which case there will be an opt-out for one election cycle".
Motion by Councilmember McLaughlin
Seconded by Councilmember Willis
To adopt said resolution and authorize the City Attorney's Office and staff to finalize any necessary documents related to the ballot measure making sure that some change of language in terms of the question posed to the voters occurred and also in the Initiative Text (Exhibit A) it was made more clear in the last sentence of Section 3 (Instant Runoff V oting) as follows, "At each round of counting, the candidate with the fewest votes is eliminated, and the votes given to the second choice are given to that candidate, and those voters who have had their first choice eliminated would have their votes go to their second choice candidate, which is then considered the operative vote, and continues in subsequent rounds if needed".
Ayes (5): Councilmember McLaughlin, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, Mayor Martinez Absent (2): Councilmember Bana and Vice Mayor Jimenez
Passed (5 to 2)
Adopted Resolution 96-24
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X.2 Solicit Polling Agency to Poll the Community Regarding a Bond for New Public Safety Building, Expand the Library, Upgrade the Martin Luther King Jr. (MLK) Community Center
DIRECT the city manager or designee to develop and issue a Request for Proposal to retain a polling company to poll the community regarding the placement of a bond measure on the November 2024 ballot to construct a public safety building, upgrade fire departments, expand and enhance the main library, and upgrade community centers (such as MLK and Nevin); AUTHORIZE the city manager or designee to enter into a contract with a polling company for up to $50,000; DIRECT the City Attorney’s Office to draft a bond measure and supporting documents for Council to review, and CALL two special meetings – the first meeting to consider the resolution of necessity related to the bond measure and first reading of the bond measure ordinance and a second meeting to occur no later than July 31, 2024 to consider polling results and adopt the final bond measure for the November 2024 ballot; and APPROPRIATE $50,000 from the general fund - Councilmember Cesar Zepeda (510-620-6593).
Councilmember Zepeda introduced the matter. Michelle Milam gave comments in person. The following individuals gave comments via teleconference: Marisol Cantu, Emily Ross, and Ben Therriault. Deputy Director of Internal Services Nickie Mastay introduced Mark Northcross of NHA Advisors. Mr. Northcross presented a PowerPoint that highlighted the following: executive summary; preliminary assumptions; current vs. general obligation bond scenarios tax rates; and impact on baseline homeowner. Discussion ensued. The council granted the following speakers one additional minute for public comment: Michelle Milam, Marisol Cantu, and Ben Therriault. Further discussion ensued. (At 11:00 p.m. - a motion by Councilmember McLaughlin, seconded by Councilmember Zepeda, to extend the meeting to vote on Item X.2, passed by the unanimous vote of the City Council).
Motion by Councilmember Zepeda
To move forward with the recommended action, especially the poll; and if the poll comes back in favor, proceed with the other steps, died for the lack of a second.
The council requested staff to consider establishing a community process for an all-facilities needs assessment to determine the best funding mechanisms.
Y. ADJOURNMENT
There being no further business, the meeting adjourned in memory of Adey Teshager at 11:05 p.m., to meet again on September 10, 2024, at 6:30 p.m.
Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Mayor