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RICHMOND CITY COUNCIL APRIL 20, 2021 Open Forum/ before Closed Session Board President Aaron Winer read COI letter regarding the City’s obligation under the Pt. Molate Development Agreement. 6:30pm

1. Roll Call – All present
2. Conflict of Interest – None
3. Agenda Review:

• K-7 Pt. Molate lawsuits; McLaughlin asked to table and put in closed session. Vote: McLaughlin motion/Martinez second -Passes with Bates, Johnson and Butt voting no.
• H-17 Consent Calendar; Design Review Board appointment; Martinez pulled; Butt removed from agenda
• H-20 Consent Calendar; Boards, Commissions, Committee Handbook; Martinez pulled to be reviewed at end of meeting.
• K-9 Sea Level Rise presentation by Dr. Kristina Hill, UCB – Martinez asked to place after Consent Calendar. Butt stated that not most important item on agenda.  Vote: Martinez motion/ McLaughlin second – Passes with Bates and Johnson abstaining, Butt no.

1. City Attorney Report – Council voted to defend both lawsuits related to Pt. Molate. Vote 6-1 (Martinez voting against).  First was SPRAWDEF vs Richmond, second North Coast Rivers Alliance vs. Richmond & Wine Haven. (NCR included Andres Soto as signatory).

F  City Manager Report – new Public Works Director Joe Leach.

1. Consent Calendar – Vote: Johnson motion/ Willis second; Passes unanimously

• City Manager requested to move K3 presentation on Police Strategies contract to consent calendar to save time. Martinez raised that not originally part of Consent Calendar. Martinez motion/ McLaughlin second to keep on agenda as is; vote Passes with Butt voting no.  Butt moved item to after K-9

K.-9 Sea Level Rise Presentation (Martinez, McLaughlin)

• Butt: council meetings running long and looking for ways to shorten meetings and complete city business; there is no provision regarding council invitation for speakers; Mayor can limit speakers, limiting speaker to 3 mins presentation; if want more time make a motion.
• Martinez motion/ McLaughlin second to extend to 10 mins; vote: passes with Butt voting no. / fyi, her presentation went beyond 10 mins. In fact with discussion, this item approached one hour/
• Presentation – expect 3-10’ sea level rise by 2100; ½’-2’ by 2040, 1’-3’ by 2050. BCDC map shows flooding in W. Richmond with inflow on contaminated sites. Issues with toxic soil pollution, liquefaction, vapors from sanitary pipes. Levies and sea walls will not prevent.
• Mayor Butt asked questions about the speaker’s knowledge of sanitary piping and safety measures/back flow to control and prevent vapor releases.
• Bates pointed out that her focus was on the Zeneca site when other areas such as Marina Shores are on formerly remediated sites, “if 10’ waves occur, all of Richmond South will be affected.”
• Martinez to invite back for full presentation; Climate Action Plan needs to be updated to include this, not following precautionary principle
• Vote: Martinez motion/ McLaughlin second to accept resolution “in support of addressing the potential impacts to Richmond from impending sea level rise.”
• Butt raised questions about presentation, noted that he was on BCDC which reviews this.
• Jimenez stated that the Mayor was “in climate denial”
• Butt- Climate Action Plan needs update but don’t have money or staff to do it.
• Motion- Passes unanimously, language to be added to Climate Action Plan: “all scientific information to be included.”

K-3 Police Strategies consultant mad e presentation for a new system to collect and understand police use of force incident analysis, risk management took which will allow department to update policies and examine accountability. Will include dashboard for public access. Used by San Jose, Daly City, Vallejo, Antioch to implement.  Current State system only covers about 1% of incidents, this will review all uses of force.  Chief French stated that currently, every report filed is checked against officer video for accuracy.  Will include 3 years past incidents. Cost $40,000. Funding in budget under professional services.

• Martinez – good investment
• Jimenez – compare with resident reports for accuracy
• Chief – review body cam footage w/ reports for accuracy
• Vote: Jimenez motion/ McLaughlin second; Passes unanimously

1. Ordinance

J-1 Tiny Homes- to be placed behind residential homes. Ordinance sunset. Homes built by UCBerkeley students.

• Vote: Willis motion/ McLaughlin second; Passes unanimously

1. Council as a Whole

K-2 Finance, Economic Development and Admin Services Standing Committee, and, Public Services/Safety Committee

• Bates wants to re-instate committees to streamline issues brought to Council
• McLaughlin – City Manager doesn’t have staff to assist; maybe a quarterly meeting
• City Manager – don’t have capacity and will slow down city council meetings, duplicate process
• Vote: Bates motion to reinstate/Martinez second; Fails with Jimenez, McLaughlin and Butt voting no, Johnson and Willis abstain, Bates and Martinez vote yes. Willis suggested bringing back after budget sessions over.

K-4 Richmond Peoples Strike (945pm)

• Jimenez- community governess; hold government accountable
• Willis -last year city of Vallejo organized around homelessness, COVID under this. Not establishing a committee. Just to support the peoplese strike assembly.
• Butt- ?what does this mean? “upend Biden Campaign”?
• Jimenez- be vigilant, foreign policies effect people
• Butt – you didn’t answer my question
• Martinez – issue is imposing austerity on world
• McLaughlin – protects first amendment rights; holds elected officials and Biden accountable.
• Bates concerned with “potshots” against presidency as city depends heavily on government for funds; impolite
• McLaughlin – friendly amendment to change North Bay to East Bay; change Biden campaign to Biden administration. – accepted by maker of motion
• Willis motion/ McLauglin second
• Butt – dumbest thing ever seen; incomprehensible; typos, errors, don’t reflect well on council
• Jimenez – you (Mayor) use your time to attack us; you took it off consent calendar; engages community on political issues w/ city; committed to support groups committed to this.
• Vote: Passes with Bates and Butt voting no.
• Johnson- unprofessional for chairman to use such language
• Butt – sometimes you need to tell the truth

K-5 Options to take action on City Council Items (City Manager) 10:10pm

• City Manager asked for Council members to pause on putting items on agenda until budget done
• Bates- if urgent issues and can’t delay need to put on agenda
• Willis – ok with prioritizing budget session, cannot support blocking items from agenda; a lot of time spent on arguing and calling people out especially if something shady said as seen on previous item.
• McLaughlin – don’t support hold on putting on agenda items; prioritize budget items, time items, no additional Monday or Tuesday meetings.
• Jimenez – separate meeting to review stimulus money
• Martinez – won’t give up ability to add item; take too much time because of personality issues; stop attacks; continue as are with mindfulness as guidance
• City Manager – looking for consensus (on extra meetings)
• Butt – don’t like any ideas; partly staff partly council problem. Reports can be done in writing, don’t need presentations. Council needs to do less micromanaging. Frivolous items on agenda- last item doesn’t impact anyone in Richmond. More items on consent calendar. The Mayor and City Manager are supposed to meet to review agenda and thi you have never invited me to participate. Less talk in council, don’t need long comment onhow you vote. No Monday meetings.
• City Manager – need to schedule a retreat, labor meetings, litigation, required bond meeting – how to schedule?
• Martinez – need facilitator, you belittled community; you pulled item from consent (Peoples Strike), you are doing what you say is a problem.
• Willis – Mayor you are guilty of many things you mentioned. I’m ok with Mondays.
• McLaughlin – don’t need three separate 3 hour meetings for workshops
• Johnson – we all made a commitment
• Discussion followed by councilmembers to add extra meetings – Mondays and/or Saturdays, different times. McLaughlin said no to Mondays and Tuesdays.
• City Manager stated 2 extra meetings no sufficient time. Will put an agenda item on next week.
• Willis recommend Sat 05/01 1pm and 2^nd Tuesday for budget meetings.
• Vote: Willis motion/Johnson second; Passes with Bates, Jimenez and Butt voting no.

K-6 Dept of Children and Youth Grant

• Butt - Measure K; shouldn’t be on agenda; staff screwed up, misunderstood process
• Willis – frustrated for confusion on this too
• Jimenez – thank you for this, misinformation (was given)
• Vote: Willis motion/ Jimenez second – Passes with Bates absent, rest ayes.

K-8 Financial polices (Jimenez)

• Jimenez presented financial policies for administration of budget; she started to make changes to the language
• Butt – confused, bring back next week with your changes.
• City Manager – have practical concerns; implementation concerns
• Vote: Martinez motion/Jimenez second – Passes with Bates absent, rest aye.

H-20 Boards, Commissions, Committee handbook – Martinez hold over because not enough time to discuss. 11:30pm meeting adjourned.

Richmond City Council Meeting - Tuesday 4/20 Mayor Butt did a great job of summarizing the events that took place at last nights City Council meeting.  Following his comments, I added my summary. Of note: 1) Council voted 6-1 (Martinez) to defend both lawsuits related to Pt. Molate. 2) Richmond Peoples' Strike passed with Bates and Butt voting no. According to McLaughlin it protects first amendment rights and holds elected officials and Biden accountable. 3) City Manager had difficult time getting Council to agree to additional meetings for budget, union contacts, bond measure, etc. Finally agreed to 5/1 at 1pm and second Tuesday for budget meetings. 4) Jimenez presented financial polices for the administration of the budget, however, there was no presentation or discussion.  City Manager raised concerns, but council voted to pass resolution. 5) The city will receive $20.8M in federal funding for ARPA Stimulus money. The Richmond Progressive Alliance has reached out on Face Book to request recommendations as to how to spend the money. Stay well. Katrinka Ruk Executive Director Council of Business & Industries

Summary: Started late 7:05pm following closed session meeting with unions. Adjourned 11:30 pm All Councilmembers were present, however Councilmember Willis was absent for the latter half of the meeting. K-4 Grocery Hazard Pay - Will apply to Walmart, Target, CostCo, Grocery Outlet.  Will provide $5/hour hazard pay until risk level in Richmond returns to "minimal" yellow tier. COI (Katrinka) spoke supporting our front line workers however, requested the City consider the impact on these businesses given the upcoming business license tax; the Grocer's Association is suing two cities as to the legality; plus no businesses were contacted to see if they currently are paying this. McLaughlin said that if hazard pay is being made by grocers they will be credited for what they are paying and would pay difference up to $5/hour. Not one councilmember raised the question of legality. Vote: Passes unanimously. Several hours were spent on presentations by staff and discussions on establishing a FY21-22 budget, having public input, 3 meetings scheduled April - June, AND the pension obligation bonds. Council requested another presentation on the bond management. Consent Calendar Item #H-30 A resolution in support of the Richmond People's Strike Peoples Movement Assembly (Jimenez, Willis) was pulled by the Mayor and placed at the end of the agenda, however, the meeting ended at 11:30 pm with items including this not addressed and will be moved to the next council meeting.

04.06.21 Council update

The Mayor recommended completion of item from last council meeting – to establish an ad hoc homeless committee; volunteers included McLaughlin, Jimenez and Butt.  Willis motion/Jimenez second – motion passed unanimously.  This committee will work with Supervisor Gioia to look at alternative programs for the homeless community. Regular meeting of the City Council: A. All Councilmembers present. C. Conflict of Interest- none Councilmember Bates and McLaughlin presented an emergency agenda item condemning violence against Americans and read a proclamation. F. City Attorney Report – no final decisions made in closed session. I. Study and Action Session I-3 The Council agreed to move item I-3 up, “Adopt an urgency ordinance enacting a temporary moratorium on certain evictions of residential tenants in Richmond impacted by the COVID19 pandemic…”

• McLaughlin presented information that evictions in Richmond were higher than other cities. The Richmond moratorium had ended – this would fill the gap. Richmond had 28x the number of evictions than Oakland impacting the Black and Brown communities.  This results in homelessness which increases death. 51% of Richmond residents rent. This would provide for no evictions during the current emergency except for health/safety risk. Through SB91 renters and property owners can receive financial support.
• Mayor Butt questioned the numbers McLaughlin quoted and he calculated that there were only 2 evictions/month.
• Willis stated that numbers came from KTVU which had a report on this, the Sheriff’s office, and notices to the Rent Board.
• Bates questioned if the City’s ordinance was stronger than State and County’s would this put the City in a liable situation
• McLaughlin – county not as strong as Berkeley/Oakland/SF
• Johnson – we need to do a better job of keeping data; embarrassing; highest # of writs and evictions during pandemic; we need to look out for each other.
• Public speakers – 17 were in support, the majority stating they were representing ACCE, Eviction Defense Center and APEN, 6 callers were opposed.
• Following public speakers, there was continued discussion with Attorney commenting on the need to add language regarding writ of possession entered before the ordinance took effect.
• McLaughlin motion/Willis second- with the amendment Attorney recommended; vote: No Bates, Butt, rest ayes; passes.  As this was an “emergency” agenda item it required 5 votes to pass.

10:03pm I-1 10 Year Financial Forecast from management Partners

• LaShonda White – information item, not seeking action; will review how the fiscal model dashboard works and have the consultants review the long-range financial model
• The dashboard allows for manipulation of various factors – increasing revenue items, decreasing expense items to predict budget balance.
• Management Partners Consultants presented the overview but due to the lateness of the meeting, they shortened the presentation.  (The full presentation is attached).  Comments included:

o   City’s financial sustainability is challenged. o   All previous reports point to a structural deficit; “Delay is not your friend.” o   City does not have enough money to deliver the services that the public wants. o   The City will have significant budget shortfalls through FY27. o   deficit of $82Mil FY27; deficit of $203Mil FY31, however this could drop to $145Mil deficit in FY31 with midyear adjustments and revised assumption. o   Revenue assumption changes: (1) business license tax increase of $5.3Mil was assumed to be in FY23, it will be seen in FY22; (2) Property tax revenue will go down to 1.04% versus assumed 2% assumed due to Prop 13; (3) Utility Users Tax will decrease by $4Mil after FY25 with end to Chevron’s agreement. o   Expense assumption changes: (1) increase of $2Mil in OT plus $1.5Mil in compensated absences based on historic trends; (2) FY21 position freeze, but 2DFTE/yr added which will increase expense; (3) adding $2Mil for preventative maintenance; (4) added COLA increases. o   Overall estimated shortfall is $17.6Mil/yr, with $145Mil shortfall in FY31.

• Q/A by Councilmembers – Councilmember Jimenez states that the City has been proactive in creating new revenue – property transfer tax, business license tax, progressive taxes. “Ones who have more money need to support those that don’t have money.” She proceeded to ask about the amount of money Chevron pays in utility tax. The response from Antonio Banuelos was that they pay the cap amount but don’t know the specifics for proprietary reasons. Finance Director responded to her question about the business license tax stating that $5.3Mil is above what they currently receive, therefor the total would be $9.3Mil.  Jimenez asked for more ideas to increase revenue, asked for a list of the 55 FTE positions that are vacant and the length of time that the positions have been vacated. She commented that if the positions were filed that would result in reduction in OT to which the consultant responded that there would always be OT due to vacations, training, etc. He also noted that if the City chooses to unfreeze positions, they can use the dashboard to forecast the OT impact.
• 11pm – Councilmember Jimenez stated that she had 2 more questions and made motion to extend meeting to 11:30pm.  There was no second.  Meeting adjourned.

Note: I was prepared to comment on the false assumptions for the Business License Revenue, however, they never got to public comment.  I did send in a letter. The remainder of the agenda will be heard at the next Council meeting. Katrinka Ruk Executive Director, Council of Business & Industries

Dear Council of Industries, A new bid request was posted by City of San Pablo - Public Works / Engineering Dept which meets your selected criteria. Project Title: Rumrill Complete Streets Release Date: February 25, 2021 7:52 PM (Pacific) Bid Due Date: March 25, 2021 2:00 PM (Pacific) Please visit the bid details for more information.

RICHMOND CITY COUNCIL FERUARY 16, 2021

1. ROLL CALL: Councilmember Bates started the meeting but due to technical issues, he dropped out of the meeting before Item D. All other councilmembers present.
2. ELECTION OF THE VICE MAYOR FOR 2021

• D-1 ELECTION of Vice Mayor for 2021: Willis motion/Martinez second; Demnlus Johnson III appointed Vice Mayor with Councilmember Bates absent.

1. CITY COUNCIL CONSENT CALENDAR

H-8 ADOPT a resolution in support of reaching the goal of 100% zero emission new vehicle sales in California by 2030 - Councilmember McLaughlin (620-6636)   H-10 ADOPT a resolution in support of recommending that the Bay Area Air Quality Management District (BAAQMD) adopt the strongest health and safety protections in its amendments to BAAQMD Regulation 6, Rule 5 on Particulate Emissions from Petroleum Refinery Fluidized Catalytic Cracking Units - Councilmember Martinez (620-6593).

• Consent items passed with Councilmember Bates absent.

 

I.	BUDGET SESSION

I-1. REVIEW the Fiscal Year (FY) 2020-21 operating and capital improvement budgets at mid-year, and ADOPT a resolution approving the proposed FY 2020-21 budget adjustments - City Manager's Office/Finance Department (Laura Snideman/LaShonda White/Belinda Brown 620-6741).

• General Fund Revenue Increase: $10.7M
• General Fund Expenditures Increase: -$6.3M
• Mid-year Surplus 2.3% $4.4M
• Unmet Needs: COLA, frozen positions, negative fund balances, backlog of deferred maintenance, unmet policy on reserve levels, OPE liability, unfunded CalPERS liability, one-time expenditures
• Unknown Items: placeholder items (contractual issues), COVID budget impacts, changes in CalPERS costs, results of classification and compensation study, Reimagine task Force recommendations.

1. COUNCIL AS A WHOLE

 J-1. DISCUSS and DIRECT staff to explore options for additional eviction protections for Richmond residential renters during the local state of emergency due to COVID-19 so as to preserve the public health and safety threatened by COVID-19 and to keep residents of Richmond housed - Councilmember McLaughlin (620-6636) and Councilmember Willis (412-2050).

• Willis motion/McLaughlin second, passes with Butt voting no and Bates absent.

J-2. DIRECT staff to request representatives from the Chevron Richmond Refinery, the United States Coast Guard, San Francisco Baykeeper, California Office of Environmental Health Hazard Assessment, and the Office of Spill Recovery and Response attend the Richmond City Council meeting on February 23, 2021, to present reports on the causes, responses and probable impacts of the spill incident on February 9, 2021, and coordinate with these agencies to be prepared to present monthly updated reports on the spill incident to inform the council of causal reports and remediation activities required of Chevron by the agencies - Councilmember Jimenez (620-6565).

• Chevron, BayKeeper, Randy Sauer, Fish and Wildlife, Hazardous Materials Commission – several of these agencies were available to answer questions regarding the incident and response. 
• These representatives will return to Council on 02/23.
• Councilmember Jimenez added to the item directing staff to study just transition of the refinery.
• Mayor Butt stated that this was not part of the agenda item and therefore should be placed on future agendas.
• Jimenez and Martinez stated that this would be a request of staff to study. McLaughlin added that this should include compensation to the City for loss of revenue.
• Martinez motion/Jimenez second “Direct staff to research case studies from other cities that have had transitions from fossil fuel industries and engage local partners in putting together a set of recommendations to counsel on how to plan for a just transition.”
• Vote: Passes with Bates absent, Butt voting no stating that this needs to be studied but there are more important items to focus on.