Community Services Building

440 Civic Center Plaza

Richmond, CA  94804

                                                  

AGENDA

Tuesday, December 17, 2019

Link to City Council Agendas/Packets

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Mayor

 

Vice Mayor

Thomas K. Butt

 

Ben Choi

Councilmembers

Nathaniel Bates

Demnlus Johnson III

Eduardo Martinez

Jael Myrick

Melvin Willis

Housing Authority Tenant Commissioners

Jaycine Scott

Vacancy

 

 

The Richmond City Council also serves as Board Members and Commission Members for the following:

Housing Authority

Joint Powers Financing Authority

Surplus Property Authority

Local Reuse Authority

 

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.  To request disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact Bruce Soublet, ADA Coordinator, at (510) 620-6509 at least three business days before the meeting date.


MEETING PROCEDURES

 

The City of Richmond encourages community participation at its City Council meetings and has established procedures that are intended to accommodate public input in a timely and

time-sensitive way.  As a courtesy to all members of the public who wish to participate in City Council meetings, please observe the following procedures:

 

PUBLIC COMMENT ON AGENDA ITEMSAnyone who desires to address the City Council on items appearing on the agenda must complete and file a pink speaker’s card with the City Clerk prior to the City Council’s consideration of the item.  Once the City Clerk has announced the item, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk.  Your name will be called when the item is announced for discussion.  Each speaker will be allowed up to TWO (2) MINUTES to address the City Council on NON-PUBLIC HEARING items listed on the agenda. Speakers are allowed up to THREE (3) minutes on PUBLIC HEARING items.

 

OPEN FORUM FOR PUBLIC COMMENT:  Individuals who would like to address the City Council on matters not listed on the agenda or on items remaining on the consent calendar may do so under Open Forum.  All speakers must complete and file a pink speaker’s card with the City Clerk prior to the commencement of Open Forum.  The amount of time allotted to individual speakers shall be determined based on the number of persons requesting to speak during this item.  The time allocation for each speaker will be as follows:  15 or fewer speakers, a maximum of 2 minutes; 16 to 24 speakers, a maximum of 1 and one-half minutes; and 25 or more speakers, a maximum of 1 minute.

 

SPEAKERS ARE REQUESTED TO OCCUPY THE RESERVED SEATS IN THE FRONT ROW BEHIND THE SPEAKER’S PODIUM AS THEIR NAME IS ANNOUNCED BY THE CITY CLERK.

 

CONSENT CALENDARConsent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the audience or the City Council.  A member of the audience requesting to remove an item from the consent calendar that is sponsored by City staff must first complete a speaker’s card and discuss the item with a City staff person who has knowledge of the subject material prior to filing the card with the City Clerk and prior to the City Council’s consideration of Agenda Review.  Councilmembers who request to remove an item from the consent calendar must do so during Agenda Review.  An item removed from the Consent Calendar may be placed anywhere on the agenda following the City Council’s agenda review.

 

CONDUCT AT MEETINGS:  Richmond City Council meetings are limited public forums during which the City strives to provide an open, safe atmosphere and promote robust public debate. Members of the public, however, must comply with state law, as well as the City’s laws and procedures and may not actually disrupt the orderly conduct of these meetings. The public, for example, may not shout or use amplifying devices, must submit comment cards and speak during their allotted time, may not create a physical disturbance, may not speak on matters unrelated to issues within the jurisdiction of the City Council or the agenda item at hand, and may not cause immediate threats to public safety.

 

CITY HARASSMENT POLICY:  The City invites public comment and critique about its operations, including comment about the performance of its public officials and employees, at the public meetings of the City Council and boards and commissions. However, discriminatory or harassing comments about or in the presence of City employees, even comments by third parties, may create a hostile work environment, if severe or pervasive. The City prohibits harassment against an applicant, employee, or contractor on the basis of race, religious creed, color, national origin, ancestry, physical disability, medical condition, mental disability, marital status, sex (including pregnancy, childbirth, and related medical conditions), sexual orientation, gender identity, age or veteran status, or any other characteristic protected by federal, state or local law.  In order to acknowledge the public’s right to comment on City operations at public meetings, which could include comments that violate the City’s harassment policy if such comments do not cause an actual disruption under the Council Rules and Procedures, while taking reasonable steps to protect City employees from discrimination and harassment, City Boards and Commissions shall adhere to the following procedures.  If any person makes a harassing remark at a public meeting that violates the above City policy prohibiting harassment, the presiding officer of the meeting may, at the conclusion of the speaker’s remarks and allotted time: (a) remind the public that the City’s Policy Regarding Harassment of its Employees is contained in the written posted agenda; and (b) state that comments in violation of City policy are not condoned by the City and will play no role in City decisions.  If any person makes a harassing remark at a public meeting that violates the above City policy, any City employee in the room who is offended by remarks violating the City’s policy is excused from attendance at the meeting. No City employee is compelled to remain in attendance where it appears likely that speakers will make further harassing comments. If an employee leaves a City meeting for this reason, the presiding officer may send a designee to notify any offended employee who has left the meeting when those comments are likely concluded so that the employee may return to the meeting. The presiding officer may remind an employee or any council or board or commission member that he or she may leave the meeting if a remark violating the City’s harassment policy is made.  These procedures supplement the Council Rules and Procedures relating to disruption of orderly conduct at Council meetings.

 

 

Any law enforcement officer on duty or whose service is commanded by the presiding officer shall be Sergeant-at-Arms of the Council meetings.  He/she, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meetings (City Council Rules of Procedure and Order Section III F, RMC Section 2.12.030).

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OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION

 

5:00 p.m.

 

A.

ROLL CALL

 

B.

PUBLIC COMMENT BEFORE CLOSED SESSION

 

C.

ADJOURN TO CLOSED SESSION

 

CLOSED SESSION

 

Shimada Room of the Community Services Building

 

 

CITY COUNCIL

 

 

CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8):

 

 

Property: Point Molate

Agency negotiators: Steven Falk Negotiating parties:  Winehaven Legacy LLC (SunCal)

Under negotiations:  price and terms of payment

 

 

Property: Nevin Plaza – 2400 Nevin Avenue

Agency negotiators: Shasa Curl and Nannette Beacham

Negotiating parties: EAH Housing/Eden Housing

Under negotiations: price and terms of payment

 

 

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9):

 

 

One case

 

 

PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957.6):

 

 

Title:  City Manager

 

 

CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6):

 

 

Agency Representatives:  Lisa Stephenson, Jack Hughes, Bruce Soublet, Maria Blue and Belinda Brown

Employee organization:  International Federation of Technical and Professional Engineers (IFTPE Local 21)

 

SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY

 

6:25 p.m.

 

A.

PLEDGE TO THE FLAG

 

B.

ROLL CALL

 

C.

STATEMENT OF CONFLICT OF INTEREST

 

D.

REPORT FROM THE EXECUTIVE DIRECTOR

 

E.

OPEN FORUM FOR PUBLIC COMMENT

 

F.

AGENDA REVIEW

 

G.

HOUSING AUTHORITY CONSENT CALENDAR

 

G-1.

RECEIVE a financial status and operational update for the Richmond Housing Authority (RHA); and ADOPT a resolution authorizing 1) the Housing Authority to accept and appropriate $401,523 in U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant funds administered by the County of Contra Costa for the repair and replacement of the elevators at Nevin Plaza; and 2) the Executive Director to negotiate and execute all agreements necessary to effectuate the intent of this action - Richmond Housing Authority (Nannette J. Beacham 621-1300).

 

H.

HOUSING AUTHORITY STUDY AND ACTION SESSION

 

H-1.

RECEIVE presentations for the rehabilitation and operation of Nevin Plaza - 2400 Nevin Avenue (Project); and PROVIDE DIRECTION to staff, which may include identification of a preferred developer - Richmond Housing Authority (Shasa Curl/Nannette Beacham 621-1300).

 

I.

ADJOURNMENT

 

 

 

 

 

 

 

 

 

 

 

 

MEETING OF THE SUCCESSOR AGENCY TO THE RICHMOND COMMUNITY REDEVELOPMENT AGENCY AND RICHMOND CITY COUNCIL

 

6:30 p.m.

 

A.

ROLL CALL

 

B.

STATEMENT OF CONFLICT OF INTEREST

 

C.

AGENDA REVIEW

 

D.

PRESENTATIONS, PROCLAMATIONS, AND COMMENDATIONS

 

D-1.

PROCLAMATION recognizing Jermaine Terry II for receiving the US Bank Inspirational Athlete Award and his outstanding athletic and academic abilities - Councilmembers Nathaniel Bates (620-6743) and Jael Myrick (620-6636).

 

D-2.

PROCLAMATION commemorating the 51st anniversary of the East Bay Center for the Performing Arts - Office of the Mayor (Mayor Tom Butt 620-6503).

 

D-3.

ANNOUNCE recent resignations from City of Richmond boards, commissions, and committees; and ANNOUNCE vacancies as of December 11, 2019, and ask that interested individuals send applications to the City Clerk - Office of the Mayor (Mayor Tom  Butt 620-6503).

 

E.

REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING CLOSED SESSION

 

F.

REPORT FROM THE CITY MANAGER

 

G.

OPEN FORUM FOR PUBLIC COMMENT

 

H.

SUCCESSOR AGENCY TO THE RICHMOND COMMUNITY REDEVELOPMENT AGENCY CONSENT CALENDAR

 

H-1.

ADOPT a resolution approving the Successor Agency to the Richmond Community Redevelopment Agency's Recognized Obligation Payment Schedule and administrative budget for the period of July 1, 2020, through June 30, 2021, ("ROPS 20-21") pursuant to California Health and Safety Code Sections 34177(o) and 34171(a),(b), and 34177(j) - Successor Agency to the Richmond Community Redevelopment Agency (Steve Falk 620-6512/Lina Velasco 620-6706).

 

 

 

 

I.

CITY COUNCIL CONSENT CALENDAR

 

I-1.

AUTHORIZE the City Manager to execute a ten (10) year lease agreement between the City of Richmond and the Watershed Nursery at 601 A Canal Boulevard - Water Resource Recovery Department (Yader Bermudez 774-6300/Mary Phelps 621-1269).

 

I-2.

ADOPT a resolution for the City authorizing submission of reimbursement requests for the Wastewater Treatment Plant Critical Improvement Projects from the Clean Water State Revolving Fund (CWSRF) Loan in the amount of $50,000,000  - Water Resource Recovery/Finance Department (Yader Bermudez 774-6300/Belinda Brown 620-6740).

 

I-3.

ADOPT a resolution incorporating the emergency support functions as annexes into the City of Richmond’s Emergency Operations Plan – Fire Department (Chief Adrian Sheppard 510-307-8041).

 

I-4.

APPROVE a contract with Public Resources Advisory Group to provide financial advisory services in an amount not to exceed $150,000 over a three-year term, with the option to renew the contract for an additional two years, for a total contract amount not to exceed $250,000 based on the same terms, if approved by both parties - Finance Department (Belinda Brown 620-6740).

 

I-5.

DIRECT the city manager and staff to explore potential revenue enhancement and cost recovery measures, including researching and preparing potential ballot measures for City Council consideration; and AUTHORIZE the city manager to hire a consultant for an amount not to exceed $25,000 to analyze potential revenues and expenditures for Kids First - Office of the Mayor (Mayor Tom Butt 620-6503). This item was continued from the December 3, 2019, meeting.

 

I-6.

APPROVE contracts with Allied Universal to provide security guard services at 325 Civic Center Plaza, 403 Civic Center Plaza, 440 Civic Center Plaza, 450 Civic Center Plaza, 330 25th Street, 2525 Macdonald Avenue, 2705 Macdonald Avenue, 326 27th Street, and 1322 Canal Boulevard from January 1, 2020, to December 31, 2022, with a two year option to extend upon agreement by both parties, in an amount not to exceed $1,742,947; and APPROPRIATE Fiscal Year (FY) 2020-21 funds in the amount of $561,716, Fiscal Year (FY) 2021-22 funds in the amount of $579,118, and Fiscal Year (FY) 2022-23 funds in the amount of $602,113 to cover the cost of the contracts - Police Department (Interim Chief Bisa French 621-1802).

 

I-7.

APPROVE an interagency agreement with the Contra Costa County Health Services Department to provide mental health outreach services from July 1, 2019, through June 30, 2020; and ACCEPT and APPROPRIATE $146,795 in Assembly Bill 109 Realignment funds - Police Department (Interim Chief Bisa French 621-1802).

 

 

I-8.

APPROVE a purchase from First Spear of California for tactical safety equipment for the Police Department's High Risk Entry Team in an amount not to exceed $24,568.05 - Police Department (Interim Chief Bisa French 621-1802).

 

I-9.

APPROVE the purchase of five (5) 2020 Ford F250 trucks from The Ford Store San Leandro in an aggregate amount not to exceed $130,000 - Department of Infrastructure Maintenance and Operations (Tim Higares 231-3008).

 

I-10.

ADOPT a resolution to update the 2020 solid waste collection rates; and AUTHORIZE and APPROVE the City Manager to execute an amendment to the Solid Waste Collection Franchise Agreement to increase the Franchise Fee as directed by City Council to 17.5 percent - City Manager's Office (Shasa Curl/Adam Lenz 620-6512).

 

I-11.

APPROPRIATE unexpended Fiscal Year 2018-2019 Environmental and Community Investment Agreement (ECIA) Community Grant funds totaling $300,000 to Fiscal Year 2019-2020; and AUTHORIZE the appropriation of any unexpended ECIA Community Grant funds in future fiscal years related to grant extensions to allow for the rolling over of unexpended funds to the subsequent fiscal year - City Manager's Office (Steven Falk/LaShonda White 620-6512).

 

I-12.

APPROVE the Fiscal Year (FY) 2020-21 Environmental and Community Investment Agreement (ECIA) competitive grant program guidelines and application - City Manager's Office (Steven Falk/LaShonda White/Rochelle Polk 620-6512).

 

I-13.

AUTHORIZE the City Manager to enter a funding agreement with the Bay Area Air Quality Management District (Air District) in the amount of $55,000; and AUTHORIZE the City Manager to enter a purchase contract with Envision Solar International not to exceed $80,000 to purchase a mobile solar charging arc; and APPROPRIATE $210,000 from the Chevron Environmental and Community Investment Agreement (ECIA) fund to cover the remaining up front installation and operational costs that are required to support fifteen (15) new electric vehicle charging stations throughout  the grant cycle - City Manager's Office (Steven Falk/Denée Evans 621-1718).

 

I-14.

RECEIVE a written update on research to-date and recommended next steps on the development of an Equal Access Ordinance - City Manager's Office (Shasa Curl/Gabino Arredondo 620-6512).

 

I-15.

ADOPT a Resolution of Intention to set the public hearing to allow property owners request for street vacation for the unbuilt portion of Meeker Avenue from the west line of South 19th Street to the east line of South 17th Street, and set the public hearing on the matter before the Council on January 14, 2020 - Engineering and Capital Improvement Projects Department (Yader Bermudez 620-5478/Dane Rodgers 307-8112).

 

 

I-16.

ADOPT a resolution amending the City of Richmond's Conflict of Interest Code to ensure that all City positions required to file Statements of Economic Interest are properly identified - City Attorney's Office (Bruce Reed Goodmiller 620-6509).

 

I-17.

APPROVE a legal services agreement with Sacks Ricketts & Case, LLP in an amount not to exceed $30,000, for ongoing advice regarding labor negotiations with a term expiration of June 30, 2020 - Human Resources Management Department/City Attorney's Office (Lisa Stephenson 620-6600/Bruce Soublet 620-6509).

 

I-18.

ADOPT a resolution to ratify the November 8, 2019, side letter implementing the schedule change for Patrol Lieutenants to a "3-12" work schedule. This only applies to Lieutenants working in Patrol - Human Resource Management Department (Lisa Stephenson 620-6600).

 

I-19.

ADOPT a resolution to ratify the August 8, 2018, side letter implementing the schedule change for Police Officers and Sergeants to an "11/80" work schedule. This only applies to Officers and Sergeants working in Patrol - Human Resources Management Department (Lisa Stephenson 620-6600).

 

I-20.

ADOPT a resolution amending the City of Richmond's Position Classification Plan to add four (4) new classifications: Deputy City Manager, Community Development Director, Library and Community Services Director, and Public Works Director - Human Resources Department (Lisa Stephenson/Donna Newton 620-6600). This item was continued from the December 3, 2019, meeting.

 

I-21.

INTRODUCE an ordinance (first reading) to establish wages, salary, and compensation for Deputy City Manager (Salary Range No. 5.5. $12,338 - $19,640); Community Development Director (Salary Range No. 5.2. $11,801 - $18,785), Library and Community Services Director (Salary Range No. 5.1 $10,728 - $17,078) and Public Works Director (Salary Range No. 5.1 $10,728 - $17,078) classifications - Human Resources Department - (Lisa Stephenson/Donna Newton 620-6600). This item was continued from the December 3, 2019, meeting.

 

I-22.

WITHDRAWN FROM THE AGENDA - the matter to introduce an ordinance (first reading) amending Article XI of the Municipal Code (Public Safety and Welfare) by adding Chapter 11.104 (Fair Tenant Screening) requiring landlords to accept a verified and secure third party tenant screening report on behalf of a tenant(s) when applying for rental housing within a 30-day period - Planning and Building Services Department (Lina Velasco 620-6841). This item was continued from the December 3, 2019, meeting.

 

 

 

 

I-23.

WITHDRAWN FROM THE AGENDA - the matter to introduce an ordinance (first reading) amending Article XI of the Municipal Code by adding Chapter 11.102, Source of Income Ordinance to prohibit discrimination of housing based on an applicant's source of income, including using rental subsidies like the Housing Choice Voucher Program (commonly known as Section 8) - Planning and Building Services Department (Lina Velasco 620-6841). This item was continued from the December 3, 2019, meeting.

 

I-24.

WITHDRAWN FROM THE AGENDA - the matter to adopt an ordinance (second reading) amending Richmond Municipal Code (RMC) Article VI, Building Regulations by revising Chapters 6.02 and 6.04 (adopting the 2019 California Building Standards Code), and repealing Chapters 6.16, 6.20, 6.28 (which are superseded by the 2019 codes and incorporated into Richmond Municipal Code [RMC] Chapter 6.04) and 6.46 (which has been superseded by the California Green Building Standards Code incorporated into Chapter 6.04) - Planning and Building Services Department (Lina Velasco 620-6706). This item was continued from the December 3, 2019, meeting.

 

I-25.

APPROVE a Contract Amendment (No. 1) with Analytical Environmental Services (AES) to increase their contract limit by $750,000, for a total amount not to exceed $1,750,000 to continue providing on-call professional environmental consulting services - Planning and Building Services Department (Lina Velasco 620-6706).

 

I-26.

APPROVE a contract with John Toki to complete fabrication and installation of a ceramic sculpture with a water feature at the West Contra Costa County Family Justice Center, 256 24th Street, in an amount not to exceed $12,750 for a total project amount of $23,000, for a term that ends on December 31, 2020; and APPROPRIATE $12,750 in the Fiscal Year (FY) 2019-20 budget from the remaining project balance from previous fiscal years  - Library and Cultural Services Department (Katy Curl 620-6554).

 

I-27.

APPROVE the minutes of the November 26, 2019, Regular City Council meeting - City Clerk's Office (Pamela Christian 620-6513).

 

I-28.

APPROVE an employment agreement with Laura Snideman as Richmond City Manager, providing for a three-year term commencing January 27, 2020, at an initial base salary of $255,000 annually (approximately $342,868 total compensation), with subsequent salary increases subject to a satisfactory performance evaluation, and other specified employment terms - City Manager's Office (Steven Falk 620-1264).

 

 

 

 

 

 

 

J.

PUBLIC HEARINGS

 

J-1.

HOLD the fourth public hearing to receive public input on draft maps of voting district boundaries and election sequencing as part of the City's transition from an "at-large" election system of electing City Councilmembers to a "by-district" election system; SELECT a map to establish district boundaries; and INTRODUCE an ordinance (first reading) establishing district elections and determining election sequence - City Attorney's Office/City Clerk's Office (Bruce Reed Goodmiller 620-6509/Pamela Christian 620-6513).

 

K.

ORDINANCES

 

K-1.

INTRODUCE an ordinance (first reading) amending sections of Richmond Municipal Code Chapter 9.48 Integrated Pest Management - Office of the Mayor (Mayor Tom Butt 620-6503). This item was continued from the December 3, 2019, meeting.

 

L.

COUNCIL AS A WHOLE

 

L-1.

RECEIVE a presentation from East Bay Center for the Performing Arts on activities related to their 51st Anniversary serving Richmond youth - City Manager's Office (Shasa Curl 620-6512).

 

L-2.

AUTHORIZE the City Manager to execute the First Amendment to the Exclusive Right to Negotiate Agreement (ERN) with Winehaven Legacy, LLC for the Point Molate mixed-use development - City Manager's Office (Steve Falk 620-6512).

 

L-3.

RECEIVE a report from Councilmember Eduardo Martinez and discuss the proposed payment structure for the Gilman Fields Joint Powers Agreement - City Council Office (Councilmember Eduardo Martinez 620-6593).

 

M.

REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)

 

N.

ADJOURNMENT

 

 

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This agenda may be previewed on KCRT – Channel 28, Richmond Television,

City website www.ci.richmond.ca.us. Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available at the

Main Counter at City Hall located at 450 Civic Center Plaza.