Community Services Building

440 Civic Center Plaza

Richmond, CA  94804

                                                  

AGENDA

Tuesday, June 22, 2021

4:00 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 Orders N-29-20 and N-08-21 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:

 

  1. KCRT – Comcast Channel 28 or AT&T Uverse Channel 99
  2. 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.  

 

  1. 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.

 

  1. 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.

 

  1. 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:

 

  1. 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.

 

  1. 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 Orders N-29-20 and N-08-21, 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 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.

 

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

 

4:00 p.m.

 

A.

ROLL CALL

 

CLOSED SESSION

 

 

 

CITY COUNCIL

 

 

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

 

 

Richmond Shoreline Alliance, SPRAWLDEF, Citizens for East Shore Parks, Sunflower Alliance, and GreenAction for Health and Environmental Justice v. City of Richmond

 

 

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant threat of litigation pursuant to paragraph (2) of Subdivision (d) and paragraph (3) of Subdivision (e) of Government Code Section 54956.9): One case.

 

 

Pursuant to the California Court of Appeal decision in Fowler v. City of Lafayette, attached to this agenda is a notice from the Department of Fair Employment and Housing which constitutes the threat of litigation.

 

 

CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6):

 

 

Agency Representatives: Jack Hughes

Employee organizations:

1.     SEIU Local 1021 Full Time Unit

2.     SEIU Local 1021 Part Time Unit

3.     IFPTE Local 21 Mid-Level Management Unit

4.     IFPTE Local 21 Executive Management Unit

5.     Richmond Police Officers Association RPOA

6.     Richmond Police Management Association RPMA

7.     IAFF Local 188

8.     Richmond Fire Management Association RFMA

 

 

PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957):

 

 

Titles:  Former City Attorney and Former Interim City Manager

 

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.

PUBLIC COMMENT INSTRUCTIONAL VIDEO

 

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.

ADOPT a resolution approving a $116,691 contract amendment with Maze and Associates to complete the audits for Fiscal Years 2017-2019 for the Richmond Housing Authority for a total amount not to exceed $241,136.30 and extending the term to June 30, 2022 - Richmond Housing Authority (Anil Comelo/Antonio Banuelos/Nannette Beacham 510-620-6600).

 

H.

ADJOURNMENT

 


 

REGULAR MEETING OF THE 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 the years of service to the Richmond Annex Neighborhood Council by Ms. Mary Selva - Councilmember Gayle McLaughlin (510-620-6636).

 

E.

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

 

F.

REPORT FROM THE CITY MANAGER

 

G.

CRIME REPORT FROM POLICE CHIEF

 

H.

OPEN FORUM FOR PUBLIC COMMENT

 

I.

CITY COUNCIL CONSENT CALENDAR

 

I-1.

ADOPT a resolution authorizing placement of liens and special assessments for unpaid garbage collection service fees on County property tax records - Finance Department (Anil Comelo/Antonio Banuelos 510-620-6741).

 

I-2.

APPROVE an agreement with Hyland to continue to provide maintenance services, and data transfer services onto eSCRIBE, the new City Council meeting agenda management and video service streaming system, in an amount not to exceed $25,000  for the term of July 1, 2021, through December 31, 2021 - City Clerk's Office (Pamela Christian 510-620-6513).

 

I-3.

APPROVE the minutes of the May 1, 2021, Special Meeting of the City Council - City Clerk's Office (Pamela Christian 510-620-6513).

 

I-4.

APPROVE a contract with Management Partners, Inc. to assist staff in developing and implementing the Measure U Gross Receipts Tax for a contract amount of $94,900, and a contingency amount of $14,235, for a total not to exceed $109,135, with a term of contract from June 23, 2021, to June 30, 2022 - Finance Department (Anil Comelo/Antonio Banuelos 510-620-6741).

 


 

I-5.

APPROVE Amendment No. 1 to provide a payment-limit increase to the contract with Psychological Resources Inc., dba: Wolf Consulting, to continue to provide psychological screenings and services to the Police Department, as required by the Commission on Peace Officer Standards, in an amount not to exceed $10,000  - Police Department (Chief Bisa French 510-621-1802).

 

I-6.

APPROVE an appointment to the Economic Development Commission: APPOINT Kerby Lynch, new appointment, seat #10, term expiration date

March 30, 2024 - Office of the Mayor (Mayor Tom Butt 510-620-6503).

 

I-7.

APPROVE appointments to the Design Review Board: APPOINT Macy Leung, re-appointment, seat #2, term expiration date March 17, 2023, and Jessica Fine, re-appointment, seat #5, term expiration date March 17, 2023 - Office of the Mayor (Mayor Tom Butt 510-620-6503).

 

I-8.

APPROVE and APPROPRIATE the transfer of funds in the amount of $303,275 from the City Manager's Office, Economic Development account (01362765 400201 2GI01) allocated for Waste Prevention, into the Capital Improvement Project account for the Waxie Bigbelly stations (20131031 400701 13002) - City Manager's Office (Shasa Curl/Samantha Carr 510-620-6512).

 

I-9.

APPROVE a construction agreement with NBC Construction & Engineering, Inc. to provide fencing and related improvements at the Point Potrero Marine Terminal for a total not to exceed value of $34,158 - Port Department (Shasa Curl/Alan Wolken 510-620-6512).

 

I-10.

APPROVE a first amendment to the contract with SCI Consulting Group amending the service plan, related to a potential vacant parcel tax, to develop an implementation plan, engagement, and proposed ordinance, increasing the payment limit by $55,270 to a new total limit of $65,270, and extending the term of the contract to June 30, 2022 - City Manager's Office (Shasa Curl 510-620-6512).

 

I-11.

APPROVE a three-year contract with Rahul Maharaj to maintain the required quality assurance of medical calls in the Communications Center and provide the mandatory training, in the amount not to exceed 59,400, for a term from July 1, 2021, to June 30, 2024 - Police Department (Chief Bisa French 510-621-1802).

 

I-12.

APPROVE a legal services agreement in an amount not to exceed $300,000 with the law firm of Goldfarb & Lipman, LLP for services rendered from June 1, 2021,  through June 30, 2023,  to represent the City in litigation relating to the Denham, LLC; Nikta, LLC; and Manning - Nextbay Venture, LLC v. City of Richmond lawsuit  - City Attorney's Office (Teresa L. Stricker 510-620-6509).

 


 

I-13.

APPROVE a first amendment to increase by $300,000 the not to exceed amount under the legal services agreement with the law firm of Goldfarb & Lipman, LLP for services rendered from June 1, 2021, through June 30, 2023 to represent the City in litigation relating to the development at Campus Bay and to provide legal services related to the Development Agreement with funding provided by the developer pursuant to the Development Agreement - City Attorney's Office (Teresa L. Stricker 510-620-6509).

 

J.

PUBLIC HEARINGS

 

J-1.

ADOPT an urgency ordinance amending Sections 9.40.010 and 9.40.015 and adding a new Section 9.40.018 "Safe Parking Sites Pilot Program" to the Richmond Municipal Code to allow private property owners to host up to four vehicle households for a limited duration - Community Development Department (Lina Velasco 510-620-6706).

 

K.

COUNCIL AS A WHOLE

 

K-1.

RECEIVE a presentation from HR&A Advisors on the Short-Term Local Business Recovery Action Plan (STLBRAP) and RECEIVE a written update to address the recommendations made in item "Small Business Support" from the May 4, 2021, Richmond City Council Meeting - City Manager's Office (Shasa Curl 510-620-6512). This item was continued from the June 15, 2021, meeting.

 

K-2.

RECEIVE a presentation and direct staff to analyze and return to council with recommendations on the draft Racial Equity Action Plan and introduction of the Reparations, Equity and Inclusion Initiatives - Vice Mayor Demnlus Johnson III (510-620-6568)

 

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