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RICHMOND, CALIFORNIA, March 21, 2023
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
____________________________________________________________________
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:44 p.m. by Mayor Eduardo Martinez.
B. ROLL CALL
Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez
Absent: None.
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
One Case
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Michael Beamer v. City of Richmond, et. al., Superior Court of Contra Costa County, Case no. C20-02096
Winehaven v. City of Richmond
Guidiville Rancheria of California, et al. v. United States of America, et al.
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
City of Richmond v. Pacific Gas & Electric
C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north Agency negotiators: Anita Luck, Lina Velasco, and Jesus Morales Negotiating parties: Miraflores Community Devco, LLC
Under negotiation: Price and terms of payment
C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:
1. SEIU Local 1021 Full Time Unit and Part Time Unit
2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units
3. Richmond Police Officers Association RPOA
4. Richmond Police Management Association RPMA
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5. IAFF Local 188
6. Richmond Fire Management Association RFMA
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session Agenda only)
The following individuals gave comments in-person: Jeffrey Fields, Issac Martinez, Kevin Tisdell, and Sheila Williams. There were no speakers via teleconference.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:54 p.m. Closed Session adjourned at 7:43 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 7:52 p.m. by Mayor Martinez.
G. PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance to the Flag.
H. ROLL CALL
Present: Councilmembers Bana, Jimenez, Robinson, Willis, Zepeda, Vice Mayor McLaughlin, and Mayor Martinez. Absent: None.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
Item R.1 (Addition of Staff to the Mayor’s Office to expand City Council capacity for the budget process) was continued to the March 28, 2023, City Council meeting. Item P.8.c (Contract with Witt O’Brien’s, LLC for Consulting Services Related to American Rescue Plan Act (ARPA) Funds) was removed from the Consent Calendar for discussion at the end of the agenda.
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Item C. 1 (anticipated litigation) one case was not discussed.
Item C.2 (existing litigation) the council voted for staff to proceed with settlement negotiations concerning the Michel Beamer case. Staff gave a brief report regarding the Winehaven matter. Staff gave a status report on negotiations concerning the Pacific Gas & Electric matter.
Item C.3 (real property negotiations) staff gave a status report regarding Mira Flores and direction was given for negotiations.
Item C.4 (labor negotiations) direction was given to continue negotiations.
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl acknowledged all city staff that responded to the atmospheric weather conditions. Ms. Curl urged the community to contact emergency services at 911 for urgent weather matters. Ms. Curl announced the Richmond Recreation Division was hosting the Spring Egg Hunt on April 1, 2023, at Nicholl Park, and to call (510) 620-6793 with questions.
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Public Works Director Daniel Chavarria introduced the following new members of the Public Works Department: Public Works Deputy Director Robert Armillo, Senior Civil Engineer Wendy Wellbrock, Capital Projects Manager Josef Munoz, and Senior Civil Engineer Ken Cheng.
Chief of Police Bisa French introduced Police Officer Terry Thomas who was assigned as the new City Council meetings liaison.
M. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS) (limited to two minutes per Councilmember) (public comment allowed under Open Forum) Vice Mayor McLaughlin announced that the City of Richmond’s Annual Literacy Festival was on April 29, 2023, in the Richmond Civic Center Plaza.
Councilmember Bana reported that the City of Richmond was working on a Local Hazard Mitigation Plan. Councilmember Bana invited the community to participate in the process because the Federal Emergency Management Agency only provided funds for hazards that were already identified in the plan. Councilmember Bana announced that citizen groups were working on a Point of Sale Ordinance and invited Public Works, the Fire Department, and community groups to ensure wildfire and mudslide dangers were minimized with the correct vegetation management and fuel reduction.
Councilmember Zepeda announced that the Richmond Shimada Friendship Commission was hosting visitors from Shimada. Councilmember Zepeda invited the community to meet the visitors at the Sayonara Party at the Mechanics Bank Hilltop branch on Monday, March 27, 2023. Councilmember Zepeda also announced that there were two vacancies on the Richmond Shimada Friendship Commission. Councilmember Zepeda reported that the Richmond Economic Development Commission was working on the city's Annual Taste of Richmond event and encouraged small business restaurant owners to reach out to the city for participation. Councilmember Zepeda announced that the Environmental and Community Investment Agreement Commission was seeking members to join. Councilmember Zepeda thanked the staff for going above and beyond for the residents during the weather storm.
N. REPORT FROM THE REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
No report.
O. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments in-person:
Gonzalo Ochoa announced that the 23rd Street Merchant Association was hosting the Richmond Cinco de Mayo event on May 7, 2023.
Mark Wassberg expressed concerns regarding the Supreme Court's potential ruling regarding transgenders and women's sports. Mr. Wassberg gave comments against pedophilic behavior. Mr. Wassberg also gave comments regarding Item P.3.a (Resolution in support of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women).
There were no speakers via teleconference.
P. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Willis
Seconded by Councilmember Zepeda
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To approve all items on the Consent Calendar excluding Item P.8.c (Contract with Witt O’Brien’s, LLC for Consulting Services Related to American Rescue Plan Act (ARPA) Funds).
Ayes (7): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Zepeda, Councilmember Willis, Vice Mayor McLaughlin, and Mayor Martinez
Passed (7 to 0)
P.1 City Attorney's Office
P.1.a Approval of Settlement Agreement in Angotti & Reilly (A&R) v. City (dispute regarding BTA Center contract) and Rescind Termination for Cause of A&R.
APPROVE a Settlement Agreement with Angotti & Reilly (A&R); and RESCIND the August 19, 2022 termination of the A&R contract for the Booker T. Anderson construction – City Attorney’s Office (Dave Aleshire 510-620-6509).
P.2 City Clerk's Office
P.2.a City Council Meeting Minutes
APPROVE the minutes of the Richmond City Council February 21, 2023, meeting, and the special and regular meetings on February 28, 2023, - City Clerk's Office (Pamela Christian 510-620-6513).
P.3 City Council
P.3.a Resolution in support of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
ADOPT resolution in support of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) - Councilmembers Soheila Bana (510-620-6743), Melvin Willis (510-412- 2050) and Vice Mayor Gayle McLaughlin (510-620-6363).
Adopted Resolution No. 28-23
P.4 Community Development
P.4.a Terraces at Nevin Fee Deferral Amendment
APPROVE an Amendment to the Terraces at Nevin fee deferral agreement correcting the referenced amount of total impact fees due to ensure proper documentation and accurate records for said agreements recorded against the subject properties – Community Development Department (Lina Velasco/Chris Castanchoa 510-620-6764).
P.4.b Contract Amendment No. 7 with WSP USA Environmental & Infrastructure, Inc.
APPROVE a contract amendment no. 7 with WSP USA Environmental & Infrastructure, Inc. (formerly Wood Environment & Infrastructure Solutions, Inc.) to increase the contract amount by $163,800, for a total amount not to exceed $1,018,550, through August 31, 2024, to continue to complete ongoing environmental support, including groundwater monitoring, the replacement of a damaged groundwater monitoring well, and the completion of a tidal study at the Terminal One site in compliance
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with the clean-up order issued by the Regional Water Quality Control Board – Community Development Department (Lina Velasco 510-620- 6841).
P.4.c Legal Services Agreement with Civica Law Group, APC for Code Enforcement Legal Services and to Continue the City’s Health and Safety Receivership Program
APPROVE a legal services agreement with Civica Law Group, APC, in an amount not to exceed $485,600.44, for a term beginning March 7, 2023, to June 30, 2024, since the attorneys the City currently retained for code enforcement and receivership services moved from Silver & Wright, LLP, and formed a new law firm, Civica Law Group, APC - Community Development Department (Lina Velasco 510-620-6706).
P.5 Economic Development
P.5.a Sole-Source Contract with Remediation Risk Management, Inc.
APPROVE a sole-source contract with Remediation Risk Management, Inc. for the continued environmental management work of the City’s corporation yard as required by the State of California Regional Water Quality Control Board, in an amount not to exceed $182,446, with a term from July 1, 2022, through June 30, 2025 – Economic Development Department (Nannette Beacham/Craig Murray 510-307-8177).
P.5.b Shields Reid Park Renovation Public Art Project
APPROVE contracts with the following five artists to design, fabricate, and install large scale artworks for the Shields Reid Park Renovation Project, in a total amount not to exceed $580,000, for a term beginning March 22, 2023, and ending June 30, 2026: James Moore in the amount of $70,000; Edwin Marmanillo in the amount of $90,000; Alexandra Bowman in the amount of $110,000; Javier Rocabado in the amount of 110,000; and Lewis Watts in the amount of $200,000 – Economic Development Department (Nannette Beacham 510-621-1306/Winifred Day 510-620-6952).
P.6 Finance Department
P.6.a Sole-Source Contract with GovInvest, Inc. for Financial Software and Consulting Services
APPROVE a three-year sole-source contract with GovInvest, Inc., in a total contract amount not-to-exceed $336,400, with a term from March 22, 2022, through June 30, 2026, for software and consulting services related to their Pension, OPEB, Labor Costing, and Financial Forecasting modules – Finance Department (Nickie Mastay/Mubeen Qader 510-412- 2077).
P.6.b Contract to Provide a Ten-Year Revenue Forecast.
APPROVE a contract with Beacon Economics to provide a ten-year revenue forecast for Property Tax, Sales Tax, Utility User Tax, Documentary Transfer Tax, and Business Tax, in an amount not to exceed $60,000, with a term beginning March 22, 2023, and ending June 30, 2026, with a two-year option to renew at $20,000 per year – Finance Department (Nickie Mastay/Antonio Banuelos 510-620-6741).
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P.6.c Investment and Cash Balance Report, and Monthly Overtime Reports for the Month of January 2023
RECEIVE the City’s Investment and Cash Balance Report and monthly Overtime Reports for the month of January 2023 – Finance Department (Nickie Mastay/Mubeen Qader 510-412-2077).
P.7 Information Technology
P.7.a Contract with Contra Costa Electric
APPROVE a sole-source contract with Contra Costa Electric in an amount not to exceed $26,500, for emergency repair and maintenance of the City Hall backup generator transfer switch, with a term from March 22, 2023, through June 30, 2023 – Information Technology Department (Sue Hartman 510-620-6874/Daniel Chavarria 510-620-5478).
P.7.b Resolution for Technology Related Services with Esri ADOPT a resolution renewing standing orders, establishing outline agreements for technology related services from Esri, and authorizing the City Manager to negotiate and execute licensing, maintenance, procurement agreements and purchase orders on forms acceptable to the City Attorney in an amount not to exceed $250,000 per year for fiscal years 2023-2024 through 2026-2027 - Information Technology Department (Sue Hartman 510-620-6874).
Adopted Resolution No. 29-23
P.7.c Second Amendment to the Agreement with Superion, LLC for the Continued Licensed Use of the TRAKiT
APPROVE a Second Amendment to the Agreement with Superion, LLC for the continued licensed use of the TRAKiT permitting, business licensing, code enforcement, and Citizen Response Management (CRM), extending the term from April 1, 2023, through March 31, 2024, and increasing the contract payment limit by $51,462.92, for a new total contract compensation amount not to exceed $410,046.35 – Information Technology Department (Sue Hartman 510-620-6874).
P.8 Library and Community Services
P.8.a Three-year Contract with Universal Safety & CPR Solutions to Provide Hazardous Materials Training and HAZWOPER 40 Certifications APPROVE a three-year contract with Universal Safety & CPR Solutions, in an amount not to exceed $31,000, with a term from July 1, 2022, through June 30, 2023, to provide hazardous materials training and HAZWOPER 40 certifications at the RichmondBUILD facility – Community Services Department, Employment & Training (LaShonda White/Tamara Walker/Fred Lucero 510-621-1562).
P.8.b Contract with Rubicon Programs Funded by the California for All Youth Grant
APPROVE a sole-source contract with Rubicon Programs to train Richmond job seekers in blight removal and neighborhood revitalization through the Beautify Richmond Project, for a contract term from March 1, 2023, through June 30, 2024, and for a total not-to-exceed amount of $95,323 funded under the California for All Youth Grant from California
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Volunteers – Community Services Department (LaShonda White/Tamara Walker 510-307-8006).
P.8.c Contract with Witt O’Brien’s, LLC for Consulting Services Related to American Rescue Plan Act (ARPA) Funds
APPROVE a contract with Witt O’Brien’s, LLC to provide consulting services for oversight and compliance related to American Rescue Plan Act (ARPA) funds, in the amount not to exceed $300,000, for a term commencing March 22, 2023, through June 30, 2027, and
APPROPRIATE the use of $300,000 in City ARPA funds for this contract – Community Services Department/Finance Department (LaShonda White/Nickie Mastay 510-620-6512).
City Manager Shasa Curl, Deputy City Manager Internal Services Nickie Nastay, and Deputy Director Library and Community Services LaShonda White introduced the matter and provided an oral report. Discussion ensued. The council suggested that the proposed contract amount could go directly to the community and that the services could be performed by staff. The council requested an overall plan for building capacity within the city to administer grant funds (including staffing structure and report writing); the proposed infrastructure across all departments to administer and apply for grants; an additional clause in the contract to require the contractor to reimburse the city for any potential city repayments due to errors or missed deadlines; the timeline to hire an in-house grant administrator; and date of the ARPA allocation for the Community Needs Assessment and results.
Main Motion
Motion by Councilmember Bana
Seconded by Councilmember Willis
To approve said contract as recommended by staff.
Substitute Motion
Motion by Mayor Martinez
Seconded by Councilmember Jimenez
To approve said contract for two years instead of four years. A friendly amendment made by Councilmember Jimenez to reduce the contract amount from $300,000 to $150,000 maximum was accepted.
Ayes (7): Councilmember Bana, Councilmember Jimenez,
Councilmember Robinson, Councilmember Zepeda, Councilmember Willis, Vice Mayor McLaughlin, and Mayor Martinez
Passed (7 to 0)
Said contract was approved for two years not to exceed $150,000.
P.9 Mayor's Office
P.9.a March 10, 2023 - Tibetan Uprising Day in the City of Richmond PROCLAMATION recognizing March 10, 2023, as Tibetan Uprising Day in the City of Richmond - Mayor Eduardo Martinez (510-620-6503) and Councilmember Claudia Jimenez (510-620-6565).
P.9.b March 21, 2023 - Nowruz, or Persian New Year, in the City of Richmond
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PROCLAMATION recognizing March 21, 2023, as Nowruz, or Persian New Year, in the City of Richmond - Mayor Eduardo Martinez (510-620- 6503) and Councilmember Soheila Bana (510-620-6743).
P.10 Police Department
P.10.a Sole-Source contract with Veritone, Inc. for Software and Conversion Services as they relate to the State of California’s Department of Justice requirements regarding Racial and Identity Profiling Act (RIPA) data.
APPROVE a sole-source contract with Veritone, Inc. for software and conversion services related to the Racial and Identity Profiling Act reporting requirements, for a total not to exceed $45,000, for the term beginning March 21, 2023, through March 21, 2026 – Police Department (Chief Bisa French 510-621-1802).
P.10.b Second Amendment to the Contract with Get Polygraphed, Inc.
APPROVE a second amendment to the contract with Get Polygraphed, Inc. increasing the compensation in an amount not to exceed $30,000, for a total compensation amount not to exceed $60,000, and extending the term to November 1, 2024, for preemployment polygraph examination services – Police Department (Chief Bisa French 510-621-1802).
P.11 Public Works
P.11.a Purchase of a Litter Vacuum Sweeper
APPROVE the purchase of a new Madvac LS175 Litter Vacuum Sweeper from Owen Equipment in an amount not to exceed $183,000 including a contingency of $16,437.91 – Public Works Department (Daniel Chavarria 510-620-5478).
P.11.b Purchase of Three Replacement Mowers
APPROVE the purchase of two ZMaster 7500 mowers and one GM5900 mower in an aggregate amount not to exceed $217,000 including a contingency of $19,497.13 – Public Works Department (Daniel Chavarria 510-620-5478/ Dee Karnes 510-231-3044).
P.11.c COWI Contract Amendment No. 1
APPROVE a contract amendment No. 1 with COWI North America, Inc., in the amount of $108,910, for a new total contract amount not to exceed $388,050, for a term extending through December 31, 2024, to provide engineering services during the bid and construction phase and Final Plans and Specifications of the Terminal Four Wharf Removal Project, to be funded by the State Coastal Conservancy grant – Public Works Department (Daniel Chavarria 510-620-5478).
P.11.d Contract with Security Signal Devices, Inc.
APPROVE a contract with Security Signal Devices, Inc. for intrusion and fire alarm maintenance and monitoring services for City buildings, in an amount not to exceed $450,000, over a three-year period beginning March 21, 2023, and ending March 21, 2026, with an option to extend an additional two years, in a total amount not-to-exceed $300,000 for the additional two-year period – Public Works Department (Daniel Chavarria 510-620-5478/Carl Capistrano 510-620-6896).
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P.11.e Contract for the FY 2022-23 Grade 5 Risk Assessment Analysis (RAA) Sewer Line Replacement of The Sanitary Sewer Collection System per the Baykeeper Settlement Agreement
ADOPT a resolution authorizing the issuance of a task authorization to Veolia Water to manage (on behalf of the City) subcontracts with: D’Arcy and Harty Construction, Inc., VW Housen and Questa Engineers to replace and or rehabilitate specific sanitary sewer pipelines, in an amount not to exceed $2,075,622 [D’Arcy and Harty Project cost of $1,319,500 plus 16.5 percent mark-up of $217,718, plus 30 percent contingency of $395,980 plus 16.5 percent mark-up of $65,315; VW Housen project cost of $36,000 plus 16.5 percent mark-up of $5,940, plus 30 percent contingency of $10,800, plus 16.5 percent mark-up of $1,782; Questa Engineers Project Cost of $15,000, plus 16.5 percent mark-up of $2,475, plus 30 percent contingency of $4,500, plus 16.5 percent mark-up of $743)] - Public Works Department (Daniel Chavarria 510-620-5478/Mary Phelps 510-621-1269).
Adopted Resolution No. 30-23
P.11.f City Council approved an Encroachment Agreement application at 130 E.
Scenic Ave. At City Council’s direction, City entered into an Encroachment Agreement with owners; it now presents the executed Agreement to City Council, pursuant to RMC 12.30.200.
ADOPT a resolution to approve the Encroachment Agreement between the City and the title of record property holders of 130 E. Scenic Avenue for a private landowner fence encroachment into the unimproved public right-of-way at said address; and reaffirm its decision that the findings pursuant to RMC 12.30.190(a)(1)(A-G) have been met. The executed Encroachment Agreement will be recorded on the property’s title and thereby bind successors in perpetuity. – Public Works Department (Daniel Chavarria/Robert Armijo 620-5477)
Adopted Resolution No. 31-23
Q. BUDGET SESSION
Q.1 City of Richmond Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2022
RECEIVE a report on the City’s Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2021-2022 – Finance Department (Nickie Mastay/Mubeen Qader/Jerry Chak 510-620-6569).
City Manager Shasa Curl introduced the matter. Accounting Manager Jerry Chak, Deputy City Manager Internal Services Nickie Mastay, Finance Director Delmy Cuellar, and Ahmad Badawi of Badawi & Associates presented a PowerPoint that highlighted the following: engagement team, deliverables and scope of the audit; areas of primary audit emphasis; auditors' report and financial statements; General Fund, pension plan, and other postemployment benefits (OPEB); required communications; and new accounting standards. Discussion ensued. The council requested the following: clarification on the Municipal Sewer fund swap expenses; future presentation or explanation for negative fund balances; how the OPEB liability was forecasted to ensure that the city's financial status was accurately represented; how the percentage of vacancies was accounted for when comparing fiscal years 2020-2021 and 2021-2022; the difference between the OPEB liability and contributions amounts stated on the presentation
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slides 11 and 18; when the last actuary census count was conducted; and a future presentation regarding CalPERS special funds payments made directly versus locally and other options, with the numbers.
R. NEW BUSINESS
R.1 Addition of Staff to the Mayor’s Office to expand City Council capacity for the budget process
APPROVE the hiring of the one staff person within the Mayor’s Office to support the City Council – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503), Councilmember Doria Robinson (510-620-6568), Councilmember Claudia Jimenez (510-620-6565).
Continued to the March 28, 2023, City Council meeting.
R.2 Creation of a Municipal Wastewater Oversight Ad Hoc Committee CREATE a Wastewater and Storm Drain Ad Hoc Committee in the City of Richmond consisting of three City Council members – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
Mayor Martinez introduced the matter and provided an oral report. Discussion ensued. The council requested updates from the committee at council meetings or closed sessions. The council recommended the following: consider a climate action plan to reduce carbon footprint and improve infrastructure; gather data from residents regarding existing waste management issues or provide a forum; review flood areas and suggest impactful green infrastructure for alleviation.
Irania Dela Mora gave comment in-person. Sara Cantor gave comment via teleconference. Further discussion ensued.
Motion by Councilmember Jimenez
Seconded by Councilmember Zepeda
To create said ad hoc committee.
Ayes (7): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Zepeda, Councilmember Willis, Vice Mayor McLaughlin, and Mayor Martinez
Passed (7 to 0)
S. ADJOURNMENT
There being no further business, the meeting adjourned at 11:00 p.m., in memory of Jane Franklin and Julia Roulet, to meet again on March 28, 2023, at 6:30 p.m.
Clerk of the City of Richmond Mayor