Community Services Building

440 Civic Center Plaza

Richmond, CA 94804

AGENDA

Tuesday, April 20, 2021

4:30 p.m.

Link to City Council Agendas/Packets

http://sireweb.ci.richmond.ca.us/sirepub/meet.aspx

Register to receive notification of new agendas, etc.

http://www.ci.richmond.ca.us/list.aspx

Mayor		Vice Mayor
Thomas K. Butt		Demnlus Johnson III

Councilmembers

Nathaniel Bates

Claudia Jimenez

Eduardo Martinez

Gayle McLaughlin

Melvin Willis

ALL CITY COUNCIL MEMBERS WILL PARTICIPATE VIA TELECONFERENCE

Housing Authority Tenant Commissioners

Jaycine Scott

Vacant

CORONAVIRUS DISEASE (COVID-19) ADVISORY

Due to the coronavirus (COVID-19) pandemic, Contra Costa County and Governor Gavin

Newsom have issued multiple orders requiring sheltering in place, social distancing, and reduction of person-to-person contact. Accordingly, Governor Gavin Newsom has issued executive orders that allow cities to hold public meetings via teleconferencing. Both https://www.coronavirus.cchealth.org/ and http://www.ci.richmond.ca.us/3914/Richmond-Coronavirus-Info provide updated coronavirus information.

DUE TO THE SHELTER IN PLACE ORDERS, attendance at the City of Richmond City Council meeting will be limited to Council members, essential City of Richmond staff, and members of the news media. Public comment will be confined to items appearing on the agenda and will be limited to the methods provided below. Consistent with Executive Order N-29-20, this meeting will utilize teleconferencing only. The following provides information on how the public can participate in this meeting.

How to watch the meeting from home:

KCRT – Comcast Channel 28 or AT&T Uverse Channel 99
Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live

Public comment may be submitted by mail, email and/or Zoom video conference in the manner that follows; provided that no member of the public may submit more than one verbal comment per agenda item.

Via mail received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.

Via email to cityclerkdept@ci.richmond.ca.us by 1:00 p.m. the day of the meeting.

Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number]. All such email will be posted on-line and emailed to the City Council before the meeting is called to order. No individual email will be read into the record. Due to the high volume of emails received, emails that do not contain the correct identifying information in the subject line may be overlooked and may not become part of the record. Email received after 1:00 p.m. will be posted on-line following the meeting as part of the supplemental materials attached to the meeting minutes.

Via Zoom by video conference or by phone using the following link/call-in numbers – for Open Session and City Council:

Please click the link below to join the webinar:

https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhlUldQOUF1Zz09

Passcode: ccmeeting

Or iPhone one-tap:

US: +16699006833,,99312205643# or +13462487799,,99312205643#

Or Telephone:

Dial (for higher quality, dial a number based on your current location):

US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592

Webinar ID: 993 1220 5643

International numbers available: https://zoom.us/u/aehrwCgISx

a. To comment by video conference, click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. Speakers will be called upon in the order they select the “Raise Your Hand” feature. When called upon, press the unmute button. After the allotted time, you will then be re-muted. **

b. To comment by phone, you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:

https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. **

**The mayor will announce the agenda item number and open public comment when appropriate. Individuals who would like to address the Council should raise their hand. The mayor will close public comment when public comment is concluded.

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.

The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.

Record of all public comments:

All public comments will be considered a public record, put into the official meeting record. All public comments will be available after the meeting as supplemental materials and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31.

Procedures for Removing Consent Calendar Items from the Consent Calendar

Councilmembers and members of the public who wish to remove an item from the consent calendar must comply with the following procedures in order to remove an item from the consent calendar:

Telephone or email a City staff member who has knowledge of the subject matter by 2:00 p.m. on the day of meeting. Any staff member shown as an author of the agenda report for the particular item has knowledge of the subject matter and may be called.

Inform the City Clerk’s Office by email at cityclerkdept@ci.richmond.ca.us or by phone at 510-620-6513, ext. 9, by 3:00 p.m. that they discussed the matter with staff with knowledge of the subject matter and that such Councilmember or member of the public, nonetheless, desires the item to be removed from the consent calendar for discussion.

Staff will be informed by the City Clerk’s Office as soon as reasonably practicable after notice of the request to remove the item from the consent calendar. Staff may attend the meeting remotely.

Accessibility for Individuals with Disabilities

Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to cityclerkdept@ci.richmond.ca.us or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509. Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.

Effect of Advisory on In-person public participation

During the pendency of the Executive Order N-29-20, the language in this Advisory portion of the agenda supersedes any language below in the meeting procedures contemplating in-person public comment.

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 ITEMS: Anyone 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.

CONSENT CALENDAR: Consent 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

4:30 p.m.

A.	ROLL CALL

B.	PUBLIC COMMENT INSTRUCTIONAL VIDEO

CLOSED SESSION

CITY COUNCIL

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9):

SPRAWDEF et al. v. City of Richmond

North Coast Rivers Alliance et al./ Point Molate Alliance et al. v. City of Richmond

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):

Three cases. In light of the California Court of Appeals' decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching to this agenda two letters regarding the amended judgment and various agreements related to Point Molate. These letters provide the existing facts and circumstances for going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2).

B.	PUBLIC COMMENT BEFORE CLOSED SESSION

C.	ADJOURN TO CLOSED SESSION

SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY

6:25 p.m.

A.	ROLL CALL

B.	STATEMENT OF CONFLICT OF INTEREST

C.	REPORT FROM THE EXECUTIVE DIRECTOR

D.	AGENDA REVIEW

E.	HOUSING AUTHORITY CONSENT CALENDAR

E-1.

ADOPT a resolution approving and authorizing execution of HUD-required disposition documents for the Richmond Hacienda Project (Project No. CA010000002) – Richmond Housing Authority (Nannette Beacham 621-1300).

E-2.

APPROVE the minutes of the January 19, 2021, Special Richmond Housing Authority meeting - City Clerk's Office (Pamela Christian 620-6513).

F.	ADJOURNMENT

REGULAR MEETING OF THE RICHMOND CITY COUNCIL

6:30 p.m.

A.	ROLL CALL

B.	PUBLIC COMMENT INSTRUCTIONAL VIDEO

C.	STATEMENT OF CONFLICT OF INTEREST

D.	AGENDA REVIEW

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.	CITY COUNCIL CONSENT CALENDAR

H-1.

APPROVE contracts with Oliver's Tow Inc., Civic Center Auto Care, Certified Towing, and Checker's Towing for rotational tow and automotive services from January 1, 2021 to December 31, 2023 with a two-year option to extend upon mutual agreement by the City and vendor, in an amount not to exceed $45,000 per vendor - Police Department (Chief Bisa French 621-1802).

H-2.

APPROVE the naming of a new park located at 27th and Pierson Avenue to Ookwe Park honoring the Native American people. This request was recommended by the Recreation and Parks Commission on December 2, 2020 - City Manager's Office (Shasa Curl/Winifred Day 620-6512).

H-3.

ADOPT a resolution to accept grant funding from the Governor's Office of Business and Economic Development and authorize the city manager or their designee to execute the necessary agreements with the Governor's Office of Business and Economic Development to accept $75,000 in grants funds; APPROPRIATE the grant funds in the Fiscal Year 20-21 Budget; and APPROVE the third amendment to the contract with the City of Richmond and SCI Consulting Group to increasing funding by $40,000, for a total not to exceed $100,400, to be paid from the GO-Biz grant and extending the contract term to June 30, 2023 - City Manager's Office (Shasa Curl/Thomas Omolo 620-6512).

H-4.

APPROVE the minutes of the February 23, March 2 and 16, 2021, Regular Meetings and the March 9, 2021, Special City Council meeting - City Clerk's Office (Pamela Christian 620-6513).

H-5.

APPROVE a five-year agreement with Escribe to replace the SIRE agenda management system currently used by the City of Richmond in an amount not to exceed $65,000 for the first year start-up (includes a 10 percent contingency), annual maintenance of $44,993 for the second year, with a five percent increase each year. The term of the contract is April 20, 2021, to April 16, 2026 - City Clerk's Office (Pamela Christian 620-6513).

H-6.

APPROVE a contract with Future Ford for vehicle repairs performed on Parks truck #311 in an amount not to exceed $13,500 - Public Works Department (Joe Leach 621-1612).

H-7.

APPROVE a fifth contract amendment with Lehr/Pursuit North for police vehicle outfitting by increasing the payment limit by $148,000 to a total of $1,117,000 and APPROPRIATE $141,000 from Equipment Services Improvement Fiscal Year 19/20 fund balance for this purpose - Public Works Department (Joe Leach 621-1612).

H-8.

ADOPT a resolution approving Veolia Water to manage and award two (2) sole source contracts. One contract is to be awarded for Engineering Services During Construction (ESDC) of the Grit and Aeration Basin (WWTP Critical Improvements) Project provided by Carollo Engineers and shall not exceed $3,983,157 (contractor cost of $3,194,832 plus a 16.5% Veolia mark-up $527,147), plus a 7.5% contingency of $261,178 ($239,612 plus a 9% Veolia mark-up of $21,565). The second contract is to be awarded for the Professional Support Services provided (ESS) and shall not exceed $412,334 (contractor cost of $330,727 plus a 16.5% Veolia mark-up $54,570), plus a 7.5% contingency of $27,037 ($24,805 plus a 9% Veolia mark-up of $2,232). The total cost of both contracts shall not exceed $4,395,491 - Public Works Department (Joe Leach/ Mary Phelps 621-1269).

H-9.

AUTHORIZE the city manager to execute a second amendment to the Cooperative Implementation Agreement with CALTRANS to utilize the remainder of the $3.0 million for the construction of one additional full-trash capture device (FTCD) on Cutting Boulevard and South 3rd Street, and small inlet trash capture devices at up to 42 storm drain inlets in the City - Public Works Department (Joe Leach/Joanne Le 290-9149).

H-10.

ADOPT an ordinance (second reading) adding chapter 10.32 of the City of Richmond Municipal Code entitled "Special Event Permit" Ordinance - Public Works Department (Joe Leach/Ranjana Maharaj 620-6972).

H-11.

APPROVE a three-year contract with Corodata Records Management, Inc. and Iron Mountain, Inc. to provide off-site file and document storage services in an amount not to exceed $150,000 per vendor over a three-year period, with an option to extend the contracts for two years, for a total not to exceed amount of $250,000. Term of the contract is April 21, 2021, to June 30, 2024 - Finance Department (Belinda Brown/Antonio Banuelos/Ofelia Alvarez 620-6699).

H-12.

RECEIVE a written update on the Fiscal Year 2020-21 budget - Finance Department (Belinda Brown/Antonio Banuelos 620-6741). This item was continued from the April 6, 2021, meeting.

H-13.

ADOPT an ordinance (second reading) amending various sections, including Articles 15.04.202, 15.04.206, and 15.04.611 of the Zoning Ordinance to align with General Plan Amendments related to the Richmond Hills Initiative and to implement requirements of the Richmond Hills Initiative - Community Development Department (Lina Velasco 620-6706).

H-14.

APPROVE a contract amendment No. 5 with Goldfarb & Lipman, LLP to increase their contract limit by $200,000, for a total not to exceed amount of $300,000, to continue to assist the Community Development Department with implementation of recent housing laws, including Housing Element Law, Senate Bills 35 and 330, and completing updates to the City's ordinances, including the Density Bonus regulations to align with State law, over a three-year term ending June 30, 2024 - Community Development Department (Lina Velasco 620-6706).

H-15.

APPROVE the appointment of Helene Burks to the Reimagining Public Safety Task Force to fill a vacancy created by Shirley Leslie - Office of the Mayor (Mayor Tom Butt 620-6503).

H-16.

APPROVE reappointments to the Design Review Board: APPOINT Michelle Hook, re-appointment, seat #1, term expiration date of March 17, 2023; Kimberly Butt, re-appointment, seat #3, term expiration date March 17, 2023 - Office of the Mayor (Mayor Tom Butt 620-6503).

H-17.

APPROVE reappointment(s) to the Design Review Board: APPOINT Macy Leung, re-appointment, seat #2, term expiration date March 17, 2023, Jonathan Livingston, re- appointment, seat #4, term expiration date March 17, 2023 - Office of the Mayor (Mayor Tom Butt 620-6503). This item was continued from the April 6, 2021, meeting.

H-18.

APPROVE appointments for the Mayor and Councilmembers to Regional Committees, Ad-Hoc Committees and Liaison Positions for the year of 2021 - Office of the Mayor (Mayor Tom Butt 620-6503). This item was continued from the March 16, 2021, March 23, 2021, and April 6, 2021, meetings.

H-19.

PROCLAMATION declaring April 22, 2021, as Earth Day in the City of Richmond - Office of the Mayor (Mayor Tom Butt 620-6503).

H-20.

ADOPT the Boards, Commissions, and Committees handbook as a formal document to provide a general idea of the policies, guidelines, and responsibilities of the board, commission, and committee members - Office of the Mayor (Mayor Tom Butt 620-6503).

I.	CITY OF RICHMOND CONSENT CALENDAR RESOLUTIONS RELATING TO POLICY DECISIONS ON ISSUES THAT PERTAIN TO OTHER JURISDICTIONS

I-1.

ADOPT a resolution in support of AB 1400, the California Guaranteed Health Care for All Act, and direct staff to send a copy of this resolution to Assemblymember Ash Kalra, Assemblymember Buffy Wicks, Senator Nancy Skinner, and Chair of the Assembly Health Committee (Assemblymember Jim Wood), urging them to stand with the people of Richmond and California in support of this important bill - Councilmembers Gayle McLaughlin (620-6636) and Claudia Jimenez (620-6636).

J.	ORDINANCES

J-1.

INTRODUCE an ordinance (first reading) amending Chapter 9.40.015 of the Richmond Municipal Code entitled "Tiny Houses on Wheels Pilot Project" to extend the termination date of the project through June 21, 2024 - Office of the Mayor (Mayor Tom Butt 620-6503).

K.	COUNCIL AS A WHOLE

K-1.

ANNOUNCE recent resignation from City of Richmond boards, commissions, and committees; and ANNOUNCE vacancies as of March 17, 2021, and ask that interested individuals send applications to the City Clerk - Office of the Mayor (Mayor Tom Butt 620-6503). This item was continued from the March 23, 2021, and April 6, 2021, meetings.

K-2.

CONSIDER reinstating the Finance, Economic Development and Administrative Services Standing Committee and the Public Services/Safety Committee - Councilmembers Eduardo Martinez (620-6593) and Nathaniel Bates (620-6743). This item was continued from the March 23, 2021, and April 6, 2021, meetings.

K-3.

RECEIVE a presentation by Police Strategies and APPROVE a one-year contract in an amount not to exceed $40,000 - Police Department (Chief Bisa French 621-1802). This item was continued from the April 6, 2021, meeting.

K-4.

ADOPT a resolution in support of the Richmond People's Strike People's Movement Assembly - Councilmembers Claudia Jimenez (620-6636) and Melvin Willis (412-2050). This item was continued from the April 6, 2021, meeting.

K-5.

DISCUSS and PROVIDE DIRECTION to staff regarding options addressing the need to take action on all items before the City Council through the rest of this fiscal year - City Manager/City Clerk/City Attorney (Laura Snideman 620-6512/Pamela Christian 620-6513/Teresa Stricter 620-6509).

K-6.

DIRECT staff to reopen and extend the due date for Department of Children and Youth grant applications to June 1, 2021 - Office of the Mayor (Mayor Tom Butt 620-6503).

K-7.

REVIEW and DISCUSS the letters from the Guidiville Rancheria of California and Upstream attorneys (Crowell law Offices) and the SunCal attorneys (Cox Castle Nicholson) and PROVIDE direction - Office of the Mayor (Mayor Tom Butt 620-6503).

K-8.

DISCUSS and ADOPT Guiding Fiscal Policies - Councilmembers Claudia Jimenez (620-6565) and Eduardo Martinez (620-6593).

K-9.

RECEIVE a presentation from Dr. Kristina Hill, University of California at Berkeley and ADOPT a resolution in support of addressing the potential impacts to Richmond from the impending sea level rise - Councilmembers Eduardo Martinez (620-6593) and Gayle McLaughlin (620-6636)

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

M.	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.