City Council

1000 Gateway Avenue City of San Pablo San Pablo, CA 94806 (510) 215-3000 www.SanPabloCA.gov Meeting Agenda - Final City Council Mayor Rita Xavier Vice Mayor Abel Pineda Councilmember Patricia Ponce Councilmember Arturo Cruz Councilmember Elizabeth Pabon-Alvarado Monday, November 7, 2022 6:00 PM Via Teleconference/Videoconference City Council and Staff will attend via Teleconference/Videoconference This meeting is being held in accordance with the Brown Act as amended by Assembly Bill 361 and following the initial determination of the City Council, pursuant to Resolution 2021 129, dated October 4, 2021, that following consideration of the State of Emergency due to the COVID-19 pandemic that the City Council, Standing Committees, and Commissions subject to the Brown Act shall continue to meet remotely through teleconference or videoconference given the following findings: i. The emergency continues to impact the ability of the City Council, its Standing Committees and Commissions, as well as the staff and members of the public, from meeting safely in person; and ii. The Contra Costa County Health Department encourages holding public meetings online (teleconferenced or videoconferenced) meetings. In order to comply with public health recommendations the requirement to provide a physical location for members of the public to participate in the meeting has been suspended. However, the public can participate in the meeting in the following ways: 1. Members of the public can watch or listen to the meeting during Livestream Online at: https://www.sanpabloca.gov/1400/City-CouncilLSA-Planning-CommAgendasMin; OR https://tinyurl.com/SPCC110711 (no password needed); OR Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join https://us02web.zoom.us/j/87526579757 Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 669 444 9171 or +1 346 248 7799 or +1 719 359 4580 or +1 253 215 8782 or +1 929 205 6099 or +1 301 715 8592 or +1 309 205 3325 or +1 312 626 6799 or +1 386 347 5053 or +1 564 217 2000 or +1 646 931 3860 Webinar ID: 875 2657 9757 International numbers available: https://us02web.zoom.us/u/kffLvpL6p City of San Pablo Page 1 Printed on 11/3/2022 City Council Meeting Agenda - Final November 7, 2022 2. Public comments may be submitted watching the meeting via online link: https://tinyurl.com/SPCC110711. a. Via EMAIL to CityClerk@SanPabloCA.gov. Each email must contain in the subject line "PUBLIC COMMENTS NOT ON THE AGENDA" [or] "PUBLIC COMMENTS - AGENDA ITEM #__”. Comments received by 12 noon on the day of the meeting will be provided in advance to the City Council and posted online with the agenda materials. b. During the meeting, the public may provide public comments via email to CityClerk@SanPabloCA.gov, which will be read into the record before Council consideration of the item and will be limited to three (3) minutes. Comments that do not conform to the City Council's rules of decorum may be summarized rather than read verbatim. c. To make a public comment on a desired item while participating in the webinar, click on the “Raise Your Hand” option within the online webinar tool, or if participating via phone – press *9. d. Written comments on agenda items shall be submitted by noon on the day of the meeting to allow sufficient time for copying and consideration before Council consideration of the agenda item. Written comments exceeding one page must be submitted by 7:30 am on the day of the meeting. As allowed by the Brown Act, the Mayor may limit the total time for public comment to facilitate the completion of business on the agenda. All comments received by the close of the meeting will be available after the meeting as supplemental materials and will become part of the official meeting record. Please note that all information provided in public comments including phone number called with, email addresses and any other personal information written or stated is subject to disclosure on the broadcast of the video- or tele-conferenced meeting. Comments posted online will not include personal information. In accordance with the Americans with Disabilities Act, persons requiring assistance or auxiliary aids in order to participate should contact the City Clerk's Office at City Hall, 1000 Gateway Avenue, San Pablo, or by calling (510) 215-3000, as soon as possible prior to the meeting. The City will give such requests primary consideration, taking into account undue financial and administrative burdens or fundamental alterations in the city service, program or activity. Copies of this Agenda and non-exempt public records relating to an open session item on this agenda will be available for public view at the City Clerk’s Office, 1000 Gateway Avenue, San Pablo. The full agenda packet may also be viewed on the city website at https://www.sanpabloca.gov/1400/City-CouncilLSA-Planning-Comm-AgendasMin. City of San Pablo Page 2 Printed on 11/3/2022 City Council Meeting Agenda - Final November 7, 2022 PLEDGE OF ALLEGIANCE ROLL CALL Speakers wishing to address the Council on a specific agenda item should file a form with the City Clerk indicating the agenda item. The Mayor will invite you to speak at the appropriate time when the matter is being considered. If you desire to address the Council, please file your name and address with the City Clerk on forms available at the podium. We also ask that all cell phones be turned off or silenced during the meeting. ORAL COMMUNICATIONS This is the time for comments on any item within the Council ’s subject matter jurisdiction, if such item is NOT listed on tonight’s agenda. The Council may not engage in discussion or take action on any item that is not specifically listed on the agenda. Your item may be referred to city staff for investigation, report or placement on a future agenda. Persons addressing the Council are required to limit their remarks to three (3) minutes unless an extension or decrease of time is ordered. Please file your name and address with the City Clerk on forms available at the speaker’s podium. PRESENTATIONS 1. #22-409 PRESENTATION AND UPDATE TO THE CITY COUNCIL BY CONTRA COSTA TRANSPORTATION AUTHORITY (CCTA) EXECUTIVE DIRECTOR TIMOTHY HAILE. Recommendation: For Informational Purposes Only 2. #22-442 FEDERAL UPDATE TO THE CITY COUNCIL BY CONGRESSMAN MARK DESAULNIER Recommendation: For Informational Purposes Only * * * END OF PRESENTATIONS * * * CITY MANAGER REMARKS CONSENT CALENDAR The Consent Calendar includes routine items that are to be enacted by one motion. There will be no separate discussion of these items. If discussion is requested, the item will be removed from the Consent Calendar and considered separately. MINUTES 3. #22-430 MINUTES OF THE MEETING OF OCTOBER 17, 2022. Recommendation: Approve by Minute Order LIABILITY CLAIMS 4. #22-438 LIABILITY CLAIM OF MIGUEL RAMIREZ & CHUNG MING (DOL 9/6/22). Recommendation: Deny the claim per the recommendation of the Municipal Pooling Authority (MPA), the City's joint risk pool. City of San Pablo Page 3 Printed on 11/3/2022 City Council Meeting Agenda - Final November 7, 2022 PERIODIC REPORTS 5. #22-426 INVESTMENT REPORT/TREASURER’S REPORT FOR MONTH OF SEPTEMBER 2022. Recommendation: Receive and file MISCELLANEOUS 6. #22-437 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO, CALIFORNIA, EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO NOVEL CORONAVIRUS (COVID-19); DETERMINING THAT THE CITY COUNCIL AND OTHER BROWN ACT BODIES IN THE CITY OF SAN PABLO CONTINUE TO MEET REMOTELY THROUGH DECEMBER 31, 2022 DUE TO COVID-19 SOCIAL DISTANCING RECOMMENDATIONS FROM THE CONTRA COSTA HEALTH DEPARTMENT UNDER ASSEMBLY BILL 361 FINDINGS AND CONFIRMING THE ACTIONS TAKEN BY THE DIRECTOR OF EMERGENCY SERVICES Recommendation: Adopt Resolution 7. #22-436 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT WITH LIEBERT CASSIDY WHITMORE IN THE AMOUNT OF $40,000, FOR A TOTAL NOT TO EXCEED AMOUNT OF $90,000, TO PROVIDE LEGAL SERVICES IN THE AREAS OF LABOR NEGOTIATIONS AND EMPLOYMENT LAW Recommendation: Adopt Resolution 8. #22-443 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO ADOPTING THE CITY’S FY 2022/23 ORGANIZATIONAL CHART AS OF SEPTEMBER 6, 2022. Recommendation: Adopt Resolution 9. #22-446 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO ACCEPTING AND APPROPRIATING $53,000 IN GRANT FUNDING FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY TO PARTICIPATE IN THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM TO CONDUCT TRAFFIC SAFETY ENFORCEMENT OPERATIONS TO REDUCE THE NUMBER OF PERSONS KILLED AND INJURED IN TRAFFIC COLLISIONS INVOLVING ALCOHOL OR OTHER PRIMARY COLLISION FACTORS, AND RATIFYING THE GRANT AGREEMENT PREVIOUSLY EXECUTED BY THE CITY MANAGER Recommendation: Conduct public hearing; adopt Resolution City of San Pablo Page 4 Printed on 11/3/2022 City Council Meeting Agenda - Final November 7, 2022 CITY COUNCIL CONSIDERATION/AUTHORIZATION 10. #22-453 CITY COUNCIL AUTHORIZATION TO RATIFY A LETTER TRANSMITTED ON OCTOBER 31, 2022 FROM SAN PABLO MAYOR XAVIER TO NEW CHAIRPERSON ANDREW MEJIA OF THE LYTTON RANCHERIA BAND OF POMO INDIANS REGARDING THE PASSING OF FORMER LYTTON TRIBAL CHAIRPERSON MARGIE MEJIA. Recommendation: Approve by Minute Order * * * END OF CONSENT CALENDAR * * * CITY COUNCIL DISCUSSION/CONSIDERATION 11. #22-440 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AMENDING THE FY 2021-23 CITY COUNCIL PRIORITY WORKPLAN AND ADDING, AS A NEW POLICY, TO INCREASE SAFETY AND REDUCE COMMERCIAL BLIGHT FOR LOCAL BUSINESSES, AND TO TEST COMMUNITY SUPPORT FOR PROPOSED FOCUS AREAS AND PROGRAMS IN THE 2022-23 ANNUAL CITY SURVEY. Recommendation: Council discussion and consider adoption of Resolution SUPPLEMENTAL MATERIALS (IF ANY) 12. #22-431 MATERIALS SUBMITTED AFTER PUBLICATION OF THE AGENDA WILL BE APPENDED AFTER THE COUNCIL MEETING. THIS IS NOT AN ACTION ITEM BUT MERELY A MECHANISM FOR MATERIALS SUBMITTED AFTER PUBLICATION OF THE AGENDA TO BE APPENDED TO THE PUBLISHED AGENDA AFTER THE COUNCIL MEETING. MAYOR AND CITY COUNCIL ASSIGNMENTS REPORTS (Approved by Resolution 2022-013) Informational reports from Councilmember representatives to the following committees, commissions and organizations; brief reports on meetings attended at the expense of the City or Agency, as required by Government Code section 53232.3(d) (AB 1234); and other reports regarding items of general interest to the City Council. The City Council may take action on other items of interest that are specifically agendized herein: (a) Mayor Rita Xavier Memberships: Association of Bay Area Governments (Primary); Contra Costa Mayors' Conference (Primary); League of CA Cities East Bay League Division (Primary); West Contra Costa Mayors & Supervisors Association (Primary); San Pablo Community Grant Foundation (Member); West Contra Costa Transportation Advisory Committee (Primary); West County Integrated Waste Management/RecycleMore JPA Authority (Alternate); Contra Costa City Selection Committee (Chair) Standing Committees: Public Safety Ad-Hoc Subcommittees: Public Fiber/Electric Vehicle Infrastructure; City Manager Employment Agreement; San Pablo 75th Anniversary Celebration City of San Pablo Page 5 Printed on 11/3/2022 City Council Meeting Agenda - Final November 7, 2022 (b) Vice Mayor Abel Pineda Memberships: West Contra Costa Transportation Advisory Committee (Alternate); West County Integrated Waste Management/RecycleMore JPA (Primary); Contra Costa County Mayors Association (Alternate); West County Mayors & Supervisors Association (Alternate) Standing Committees: Community Services Ad-Hoc Subcommittees: Public Fiber/Electric Vehicle Infrastructure; City Manager Employment Agreement; San Pablo 75th Anniversary Celebration (c) Councilmember Patricia Ponce Memberships: MCE Clean Energy Board of Directors (Primary); San Pablo Economic Development Corporation Board of Directors (City Council Appointee); San Pablo-Manzanillo Future Board Member Designation (Primary); League of California Cities East Bay Division (Alternate) Standing Committees: Budget, Fiscal & Legislative; Economic Development, Housing & Project Management; Public Health Ad-Hoc Subcommittees: None (d) Councilmember Arturo Cruz Memberships: Association of Bay Area Governments (Alternate); San Pablo Community Grant Foundation Board (Member) Standing Committees: Community Services; Economic Development, Housing & Project Management; Public Safety; Public Health Ad-Hoc Subcommittees: None (e) Councilmember Elizabeth Pabon-Alvarado Memberships: MCE Clean Energy Board of Directors (Alternate) Standing Committees: Budget, Fiscal & Legislative Ad-Hoc Subcommittees: None ADJOURNMENT Adjourn to Monday, November 21, 2022 at 6:00 pm, in memory of Catherine Parker, grandmother of Police Community Outreach Technician Katrinia Jones. City of San Pablo Page 6 Printed on 11/3/2022