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Minutes

Richmond City Council
December 3, 2024

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Minutes
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December 3, 2024
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Richmond City Council
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1 RICHMOND, CALIFORNIA,

December 3, 2024, 4:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Open Session was called to order at 4:32 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Doria Robinson, Melvin Willis, Cesar Zepeda, and Mayor Eduardo Martinez. Absent: Vice Mayor Claudia Jimenez arrived after the roll was called.

Councilmembers Soheila Bana and Gayle McLaughlin arrived after adjourning to Closed Session
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Bryant v. Gage
C.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
 Title: City Attorney
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
 One Case
C.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
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
Cordell Hindler gave comments in support of the performance evaluation for Dave Aleshire and in support of the labor negotiations.

E. ADJOURN TO CLOSED SESSION

2 Open Session adjourned at 4:34 p.m. Closed Session adjourned at 6:37 p.m.

F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
The Regular Meeting of the Richmond Housing Authority was called to order at 6:41 p.m.

G. PLEDGE OF ALLEGIANCE
Vice Chairperson Claudia Jimenez led the Pledge Allegiance to the Flag.

H. ROLL CALL

Present: Commissioners Soheila Bana, Gayle McLaughlin, Doria Robinson, Melvin Willis, Cesar Zepeda, and Vice Chairperson Claudia Jimenez. Absent: Chairperson Eduardo Martinez and Housing Tenant Commissioner Jaycine Scott were absent the entire meeting.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
Economic Development Director Nannette Beacham introduced new Richmond Housing Authority Director Antoinette Terrell who presented an update about a visit from representatives from HUD Regional Office 9 regarding the Richmond Village Technical Assistance site regarding vacancy reporting challenges.

K. AGENDA REVIEW
None.

L. HOUSING AUTHORITY OPEN FORUM
Cordell Hindler encouraged the commissioners to approve the consent calendar.

M. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Commissioner Cesar Zepeda
Seconded by Commissioner Gayle McLaughlin
Ayes (6) Commissioners Bana, McLaughlin, Robinson, Willis, Zepeda, and Vice Chairperson Jimenez
Absent (2) Chairperson Martinez and Tenant Commissioner Scott M.1 On-Call for As-Needed Temporary Staffing Services Contracts with Express Services, Inc.; Renoir Staffing LLC; and Beatty’s Services, Inc. for Unit Turnovers and Work Orders
ADOPT a resolution authorizing on-call temporary staffing maintenance services contracts with Express Services, Inc.; Renoir Staffing LLC; and Beatty’s Services, Inc. for as-needed services, in an amount not to exceed $900,000, per firm from December 1, 2024, to June 30, 2027, with two additional one-year extension options to support unit turnover activities and work orders at Nystrom Village – Richmond Housing Authority (Antoinette Terrell/Gregory Palomino 510-621-1361).

Adopted Resolution No. 2202.

M.2 Exempt Surplus Land Designation for the Nevin Plaza II Senior Affordable Housing Project

3 ADOPT a resolution determining and declaring land owned by the Richmond Housing Authority to be Exempt Surplus Land pursuant to Government Code Section 54221(f)(1)(F). The land (APN 515-261-014-2) will be ground leased for development of the Nevin Plaza Phase II affordable senior housing project – Richmond Housing Authority (Antoinette Terrell 510-620-6784/Nannette Beacham 621-1306).

Adopted Resolution No. 2203.

N. ADJOURNMENT
The meeting adjourned at 6:46 p.m.

O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:46 p.m. by Vice Mayor Claudia Jimenez.

P. ROLL CALL

Present: Councilmembers Soheila Bana, Gayle McLaughlin, Doria Robinson, Melvin Willis, Cesar Zepeda, and Vice Mayor Claudia Jimenez. Absent: Mayor Eduardo Martinez was absent the entire meeting.

Q. STATEMENT OF CONFLICT OF INTEREST
None.

R. AGENDA REVIEW
Items V.3.a - Update Guiding Fiscal Policy and V.3.b - Update on Financial Policies and Administrative Policy Manual were continued to the February 4, 2024, City Council meeting.

A motion by Councilmember McLaughlin, seconded by Vice Mayor Jimenez, added an emergency item to the Consent Calendar as Item V.1.c for the waiver of fees in the amount of $3,675 for services honoring the life and legacy of former Councilmember Jim McMillan to be held at the Richmond Auditorium, passed by the following vote: Ayes:

Councilmembers Bana, McLaughlin, Robinson, Zepeda, Willis, Vice Mayor Jimenez.

Noes: None. Absent: Mayor Martinez.

S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) · Bryant v. Gage
A report was given and the City Council authorized a settlement agreement by unanimous vote.

C.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
· Title: City Attorney
Item discussed and continued to a future meeting. The Ad Hoc committee was instructed to proceed with further analysis.

C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
· One Case

4 Not discussed.

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
Item discussed and instructions were given to the labor negotiators.

T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl presented the report. Link to view: City Manager Report T.1 NEW EMPLOYEE REPORT - 1st Tuesday
Deputy City Manager Nickie Mastay presented the November 2024 New Employee report and Promotions as follows: Christian Curry, Workforce Specialist II-Employment and Training; Andra Dowgala, Recreation Program Coordinator-Community Services; Carla Garcia, Administrative Trainee- Employment and Training; Wanda Gonzalez, Administrative Trainee- Employment and Training; Isabel Reyes, Administrative Trainee-Employment and Training; Amy Aaronson, Project Manager II-Human Resources/Fire Department; Maila Hughes, Office Aide-Finance; Nancy Bryan, Library Aide- Library; Alexis Grace, Administrative Aide-Community Services; Elizabeth Lockman, Associate Planner-Planning; Neil Lowery, Stationary Engineer-Public Works; Bryan Martinez Garcia, Library Aide-Library; Eldren Prieto, Planning Technician I-Planning; Antoinette Terrell, Director of Richmond Housing Authority; Sharziad Abushi, Recreation Program Leader-Community Service; Nicholas Brown, Police Officer Trainee; Sahari Bosquez-Baeza, Office Clerk- Cashier-Community Services; Pablo Radhakrishna, Groundskeeper-Public Works; Eric Jordan Office Clerk-Cashier-Finance; Robert Springer, Recreation Program Leader-Community Services.

Promotions: Gregory Everetts, Parks Supervisor-Public Works; Leticia Navarro, ONS Field Coordinator-Office of Neighborhood Services; David Rodgers, Maintenance Leadworker-Public Works; Eric Martin, Recreation Program Specialist-Community Services; Ehioze Williamson, Auditorium Aide- Community Services.

U. 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)
Cordell Hindler requested that Danny Wong was allowed to present a report to the city council on a future agenda. Mr. Hindler also stated that the UC Berkley Chancellors Office should establish a relationship with the city.

Suilma Navarrete. Zenaida Gomez, Blanca Retano, and Edith Pastrano gave comments regarding the need for approval of a rental inspection and certification program in the City of Richmond.

5 Jerome Fletcher President of the Richmond Steelers requested emergency funding for a team members trip to Florida. City Manager Shasa Curl stated that there would be an after the fact authorization on the December 17, 2024, City Council agenda and emergency funds would be advanced from the ECIA grant.

Philip Rosenthal gave comments regarding a meeting held regarding the Up and Under Pub that the neighborhood nor businesses were aware of.

Nate Trivers owner of the Up and Under Pub in Point Richmond stated that if the community did not want the parklet there, he would remove it.

V. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
City Manager Shasa Curl stated that Item V.5.b Calendar Years 2025-2027 Richmond Fund for Children and Youth Grant Awards was amended to advance $40,000 to the Richmond Steelers by December 6, 2024, for a contract commencing on December 5, 2024.

Item V.1.c was added as an emergency item for the waiver of fees in the amount of #3,675 for honoring the life and legacy of former Councilmember Jim McMiillan.

Motion by Councilmember Melvin Willis
Seconded by Councilmember Doria Robinson

Ayes (6): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, and Vice Mayor Claudia Jimenez
Absent (1): Mayor Eduardo Martinez
Passed

V.1 City Attorney's Office
V.1.a Third Amendment to Legal Services Agreement with Bennett, Gelini and Gelini, APC, to increase compensation and extend the end term APPROVE a third amendment to the legal services agreement with Bennett, Gelini and Gelini, APC, to increase the compensation by $300,000 for a total amount not to exceed $559,990 and extending the term to end December 31, 2027 – City Attorney’s Office (Kimberly Chin 510-620-6709/Shannon Moore 510-620-6505).

V.1.b Legal Service Agreement Amendment with Kramer Workplace Investigations
APPROVE an amendment to the legal services agreement with Kramer Workplace Investigations to extend the term to June 30, 2026, and increase the payment limit by $150,000 for a total amount not-to-exceed $250,000– City Attorney’s Office/Human Resources Department (Dave Aleshire/Shannon Moore/Nickie Mastay/Sharrone Taylor 510-620-6600).

V.2 Community Development
V.2.a Purchase of Encrypted Radios for Code Enforcement

6 APPROVE the purchase of 11 encrypted hand radios from Motorola Solutions, for an expected total cost of $75,079.72 for Code Enforcement – Community Development Department (Lina Velasco/Eva Mann 510- 621-1283).

V.3 Finance Department
V.3.a Update Guiding Fiscal Policy
REVIEW and ADOPT updates to the Guiding Fiscal Policy – Finance Department (Shasa Curl/Nickie Mastay 510-620-6609/Andrea Miller 510- 620-6790/Mubeen Qader 510-412-2077).

Item continued to the February 4, 2025, City Council meeting.

V.3.b Update on Financial Policies and Administrative Policy Manual APPROVE updated Finance Policies and Administrative Policy Manual - Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510- 412-2077/Jerry Gurule 510-620-6591).

Item continued to the February 4, 2025, City Council meeting.

V.4 Human Resources
V.4.a Amend contract with GovernmentJobs.com dba NEGOV
APPROVE the first amendment to the contract with GovernmentJobs.com dba NEOGOV to increase the total payment limit by $300,555.40 for a total amount not to exceed $351,540.05 and extend the term to January 27, 2028 – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

V.4.b Amend Salary Schedule
ADOPT a resolution amending the salary schedule to add the Assistant Deputy Director of Public Works, Assistant Transportation Planner, Associate Transportation Planner, Senior Transportation Planner, and the Contract Compliance Administrator classifications – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).

Adopted Resolution No. 139-24.

V.4.c Amend Position Control
ADOPT a resolution to amend staffing and position control list and allocate the necessary salary, wages, and benefits as required – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

Adopted Resolution No. 140-24.

V.5 Library and Community Services
V.5.a Commission On Aging Senior Winter Ball Caterer
APPROVE a contract with El Sol Restaurant & Catering for a full-service catering for the Senior Winter Ball scheduled on December 14, 2024, in an amount not to exceed $13,500 and for a term beginning December 1, 2024, to December 31, 2024 - Community Services Department (Kymberlyn Carson-Thrower 510-620-6789/Ranjana Maharaj 510-620- 6972).

V.5.b Calendar Years 2025-2027 Richmond Fund for Children and Youth Grant Awards

7 ADOPT a resolution approving grant award recommendations from the Richmond Fund for Children & Youth (RFCY) Oversight Board for Calendar Years 2025-2027 to 37 youth-serving public and nonprofit organizations in a total amount not to exceed $6,734,835 annually; APPROPRIATE a total of $4,000,000 from the RFCY Fund Balance into the Fiscal Year (FY) 2024-25 budget and future FY budgets to cover all RFCY grant awards through the three-year grant cycle; ACCEPT and APPROPRIATE all grant funds awarded to City of Richmond departments up to the amounts awarded per calendar year; and AUTHORIZE the city manager, or their designee, to negotiate and execute grant service agreements with approved grantees - City Manager’s Office (Patrick Seals 510-307-8016/Nicholas Delgado 510-620-6523/LaShonda White 510-620-6828).

Added to advance $40,000 to the Richmond Steelers by December 6, 2024, for a contract commencing on December 5, 2024.

Adopted Resolution No. 141-24.

V.6 Public Works
V.6.a Resolution to Approve a Construction Agreement with BuildCorp, Inc for the Lincoln Elementary School Safe Route to School Improvement Project (SRT)- CML -5137(055)
ADOPT a resolution to approve a construction agreement with BuildCorp, Inc for the Lincoln Elementary School Safe Route to School Improvement Project in an amount not to exceed $456,000; and AUTHORIZE the director of public works to approve change orders, if necessary, for a contingency amount of up to $68,400 which is 15 percent of the contract amount, for a total contract amount not to exceed $524,400 – Public Works Department (Hillal Hamdan 510-621-1612/Robert Armijo 510- 620-5477/Daniel Chavarria 510-620-5478).

Adopted Resolution No. 142-24.

V.6.b Resolution to Award a Contract to Watearth for Operational Cost Study of Wastewater Treatment Plant, Sewer Collections System, and Stormwater Collections System
ADOPT a resolution to award an 18-month contract for $670,947 with Watearth beginning on December 1, 2024, and ending on May 31, 2026, for Operational Cost Study of Wastewater Treatment Plant, Sewer Collections System, and Stormwater Collections System – Public Works Department (Jeffrey Barich 510-412-2009/Robert Armijo 510-620- 5477/Daniel Chavarria 510-620-5478).

Adopted Resolution No. 143-24.

V.6.c Resolution to Approve a Contract with SwiftComply, Inc. for Fats, Oils, and Grease (FOG), Industrial Pretreatment, and Stormwater Monitoring Services
ADOPT a resolution to approve a three-year contract with SwiftComply, Inc, for FOG, Industrial Pretreatment, and Stormwater Monitoring Services in an amount not to exceed $239,155.00 beginning January 1, 2025 and ending on December 31, 2027, with two optional one-year extensions for a total amount of $129,053.00 for both option years; and AUTHORIZE the Director of Public Works to approve change orders, if necessary, for a contingency amount of up to $35,873.25 which is 15

8 percent of the bid amount, for a potential contract total amount not to exceed $275,028.25 - Public Works Department (Bradley Harms 510-307- 8094/Mary Phelps 510-621-1269/Daniel Chavarria 510-620-5478).

Adopted Resolution No. 144-24.

W. BUDGET SESSION
W.1 City Council’s Direction for Investment Policy Update REVIEW the City’s Investment Policy and ADOPT a resolution to approve the updated policy – Finance Department (Andrea Miller 510-620-6740).

Finance Director Andrea Miller presented the Investment Policy. Link to the presentation: Investment Policy Update
Discussion ensued.

An update would be provided to the city council on a future agenda with the results and compliance of the policy and staff would monitor investments to ensure compliance.

Cordell Hindler gave comments.

Adopted Resolution No. 145-24.

Motion by Councilmember Gayle McLaughlin
Seconded by Councilmember Melvin Willis

Ayes (6): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, and Vice Mayor Claudia Jimenez
Absent (1): Mayor Eduardo Martinez
Passed

X. PUBLIC HEARINGS
X.1 Code Enforcement Lien and Special Assessment List for May 1, 2023 – April 30, 2024
Pursuant to pblic notice, the city clerk announced that it was time to 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, and nuisance abatement costs pursuant to Richmond Municipal Code Chapters 2.62, 6.38, 9.22, and 11.76 – Community Development Department (Lina Velasco/Eva Mann 510-621-1283).

Code Enforcement Manager Eva Mann and Director of Community Development Lina Velasco presented the item.

Vice Mayor Jimenez declared the public hearing open.

Link to presentation: Code Enforcement Lien and Special Assessments Mike Doninelli, Tony Doninelli, Virginia Harrison, and Julius Melendez gave comments requesting review of their liens.

Liz Dodge #41 - Center Avene and #45 - 673 40th Street regarding the feral cats issue gave comments via Zoom.

9 Vice Mayor Jimenez closed the public hearing. Discussion ensued.

City council requested the following: that future lien reports contain the type of violation; consideration of assistance for seniors; review of the feral cat ordinance; the potential of youth from the Youth Work Program to assist with abatement efforts for residents; ensure lien notices are received in both English and Spanish; differentiate between owner occupied vs vacant properties; and consider a payment plan option.

Vice Mayor Jimenez reopened the public hearing to hear from #41 - Estes Plumbing.

Vice Mayor Jimenez closed the public hearing.

Councilmember McLaughlin left the meeting at 9:06 p.m.

A motion by Councilmember Willis, seconded by Councilmember Robison, to remove those who contested the levies from the list. Councilmember Robinson offered a friendly amendment as follows: to move forward with levies for the vacant properties, and review those levies of the owner-occupied properties, churches, homesteads, and veterans; assess if the owner-occupied properties need financial assistance and direct staff to take steps to create a program for those who need assistance; initiate an RFP for an outside agency to structure a program for next budget cycle and create a list of income limitations; report the outcome to the city council for the possibility of a financial assistance program for the 2025-2026 budget; and to move forward with assess levies for businesses, rentals, vacant logs, and non-exempt, with exception of the three that came to the meeting.

Councilmember Bana offered a friendly amendment that notices are sent via certified mail in both English and Spanish with payment options. The amendment was not accepted.

Motion by Councilmember Melvin Willis
Seconded by Councilmember Doria Robinson

Ayes (5): Councilmember Soheila Bana, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, and Vice Mayor Claudia Jimenez
Absent (2): Councilmember Gayle McLaughlin, and Mayor Eduardo Martinez Passed

X.2 Appeal of Encroachment Permit (#EN23-00843) Denial for Up & Under Pub & Grill BBQ Smoker
RECEIVE AND APPROVE an update on the appeal of an Encroachment Permit Application #EN23-00843 for the Up & Under Pub & Grill, PROVIDE guidance on the Applicant’s proposal and the draft Compliance Agreement, and CONTINUE this item to February 4, 2025, for presentation of the final Compliance Agreement – Public Works Department (Robert Armijo 510-620- 5477)/City Attorney’s Office (Dave Aleshire 510-620-3509). PUBLIC HEARING IS CLOSED; COUNCIL DELIBERATION ONLY.

City Attorney Dave Aleshire and Deputy Public Works Director Robert Armijo gave an overview.

A motion was made to uphold the city engineer's decision to deny the encroachment permit.

10 Motion by Councilmember Cesar Zepeda
Seconded by Councilmember Melvin Willis

Ayes (5): Councilmember Soheila Bana, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, and Vice Mayor Claudia Jimenez
Absent (2): Councilmember Gayle McLaughlin, and Mayor Eduardo Martinez Passed

Y. 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 Willis requested that the meeting was adjourned in memory of former councilmember Jim Mcmillan. His memorial service was on December 13, 2024, at 4 p.m. at the Richmond Auditorium.

Councilmember Robinson reported that the Urban Tree Advisory Committee met and walked the neighborhood to look at the state of the aging trees. Councilmember Robinson also reported that she visited the Legacy Museum in Alabama and there could be a Black Historical Legacy Program & Museum in Richmond.

Z. ADJOURNMENT
There being no further business, the meeting adjourned at 9:42 p.m., in memory of former Richmond Councilmember Jim McMillan, to meet again on December 17, 2024, at 6:30 p.m.

Clerk of the City of Richmond Mayor

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