City Council

Council Chambers City of San Pablo 1000 Gateway Avenue San Pablo, CA 94806 (510) 215-3000 Meeting Agenda - Final www.SanPabloCA.gov City Council Mayor Abel Pineda Vice Mayor Patricia Ponce Councilmember Arturo Cruz Councilmember Elizabeth Pabon-Alvarado Councilmember Rita Xavier Monday, March 6, 2023 6:00 PM Council Chambers/ Teleconference-Videoconference Teleconference Location: Mayor Abel Pineda 1000 Gateway Avenue, Council Office San Pablo, CA 94806 This meeting is being held in person and virtually (hybrid), in compliance with the Governor's Executive Orders allowing for a deviation of teleconference rules required by the Brown Act. https://tinyurl.com/SPCC030623 Webinar ID 823 1529 1308 To participate telephonically, call any of the following numbers: 669-900-6833; 346-248-7799; 253-215-8782; 929-205-6099; 301-715-8592; 312-626-6799; International numbers available: https://us02web.zoom.us/u/kq376MJc. MEETING INSTRUCTIONS: The public can view the meeting during livestream online at https://sanpablo.legistar.com/Calendar.aspx. Public comments may be submitted via EMAIL to CityClerk@SanPabloCA.gov and each email must contain in the subject line "PUBLIC COMMENTS NOT ON THE AGENDA" [or] "PUBLIC COMMENTS - AGENDA ITEM #__”. Comments received by 12:00 noon on the day of the meeting will be provided in advance to the City Council and posted online with the agenda materials. 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. 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. City of San Pablo Page 1 Printed on 3/3/2023 City Council Meeting Agenda - Final March 6, 2023 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. 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. __________________________________________________________________ In accordance with the Americans with Disabilities Act and Brown Act, individuals with disabilities requiring reasonable accommodations, including auxiliary aids or services, in order to participate in the meeting should submit a completed Meeting Accommodation Request Form by email to CityClerk@SanPabloCA.gov, with “Accommodation Request” listed in the subject line of the email. Alternatively, completed Meeting Accommodation Request Forms may be submitted to the City Clerk's Office at City Hall, 1000 Gateway Avenue, San Pablo, CA 94806. Meeting accommodation requests should be submitted as soon possible and must be received by the City no later than 10:00 a.m. on the day of the meeting for which accommodations are requested. Meeting Accommodation Request Forms may be found on the City’s website, or requested by email to CityClerk@SanPabloCA.gov, or by phone at (510) 215-3000. _____________________________________________________________________ PLEDGE OF ALLEGIANCE ROLL CALL CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCILMEMBER TO PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449. 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. City of San Pablo Page 2 Printed on 3/3/2023 City Council Meeting Agenda - Final March 6, 2023 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. CEREMONIAL MATTERS 1. #23-087 CONSIDER APPROVAL AND PRESENTATION OF CERTIFICATE OF APPRECIATION FOR ENVIRONMENTAL PROGRAM ANALYST KARINEH SAMKIAN. CEQA: This is not a project as defined by CEQA. Recommendation: Approve and present Certificate * * * END OF CEREMONIAL MATTERS * * * PRESENTATIONS 2. #23-074 PRESENTATION OF YEAR-END DECEMBER 2022 ANNUAL SURVEY RESULTS BY STRATEGY RESEARCH INSTITUTE, INC. Recommendation: For Informational Purposes Only 3. #23-085 PRESENTATION OF THE 75TH ANNIVERSARY COMMEMORATIVE VIDEO. 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 4. #23-075 CONSIDER APPROVING MINUTES OF THE MEETINGS OF FEBRUARY 21 AND FEBRUARY 27, 2023. CEQA: This is not a project as defined by CEQA. Recommendation: Approve by Minute Order City of San Pablo Page 3 Printed on 3/3/2023 City Council Meeting Agenda - Final March 6, 2023 LIABILITY CLAIMS 5. #23-072 CONSIDER DENYING LIABILITY CLAIMS OF: 1. EDDIE RUSSELL (DOL 1/24/23) 2. TAHNEICKO DANSTZLER (DOL 9/21/22) 3. YANCY VILLATORO (DOL 8/13/22) 4. MARIA GERMAN RUBIO DE VILLATORO (DOL 8/13/22) 5. SONIA MARIA VILLATORO MARTINEZ (DOL 8/13/22) 6. SANTOS FEDERICA GOMEZ VILLATORO (DOL 8/13/22) 7. JORGE DANIEL VILLATORO GOMEZ (DOL 8/13/22) CEQA: This is not a project as defined by CEQA. Recommendation: Deny the claims per the recommendation of the Municipal Pooling Authority (MPA), the City's joint risk pool. PROCLAMATIONS 6. #23-081 CONSIDER APPROVING REQUEST FOR ISSUANCE OF PROCLAMATION RECOGNIZING MARCH 2023 AS AMERICAN RED CROSS MONTH. CEQA: This is not a project as defined by CEQA. Recommendation: Approve by Minute Order 7. #23-077 CONSIDER APPROVING REQUEST FOR ISSUANCE OF PROCLAMATION RECOGNIZING MARCH 2023 AS PRESCRIPTION DRUG ABUSE AWARENESS MONTH. CEQA: This is not a project as defined by CEQA. Recommendation: Approve by Minute Order MISCELLANEOUS 8. #23-080 CONSIDER ADOPTING RESOLUTION RATIFYING RENEWAL OF PEREGRINE SOFTWARE LICENSE FOR ONE YEAR, FROM DECEMBER 18, 2022 TO DECEMBER 17, 2023, AT A COST OF $100,000, INCLUDING TRAINING, SUPPORT AND SERVICES. CEQA: This is not a project as defined by CEQA. Recommendation: Adopt Resolution City of San Pablo Page 4 Printed on 3/3/2023 City Council Meeting Agenda - Final March 6, 2023 9. #23-089 CONSIDER ADOPTING RESOLUTION OPPOSING THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT, STATE-WIDE INITIATIVE (NO. AG# 21-0042A1) QUALIFIED FOR THE NOVEMBER 5, 2024 STATE-WIDE BALLOT. CEQA: This is not a project as defined by CEQA. Recommendation: Adopt Resolution 10. #23-071 CONSIDER ADOPTING RESOLUTION AMENDING THE RECORDS RETENTION SCHEDULE THAT AUTHORIZES THE DESTRUCTION OF CERTAIN CITY RECORDS. CEQA: This is not a project as defined by CEQA. Recommendation: Adopt Resolution 11. #23-086 CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY MANAGER TO: (1) PURCHASE ONE 2023 FORD F-550 CHASSIS, DIESEL GARBAGE TRUCK; (2) WAIVE THE COMPETITIVE BIDDING REQUIREMENTS FOR THE PURCHASE PURSUANT TO THE SAN PABLO MUNICIPAL CODE SECTION 3.16.110; ; AND (3) sell the OLD GARBAGE TRUCK (VEHICLE 634) AS SURPLUS PROPERTY THROUGH PUBLIC AUCTION PURSUANT TO THE SAN PABLO MUNICIPAL CODE SECTION 3.16.120. CEQA: This is not a project as defined by CEQA. Recommendation: Adopt Resolution 12. #23-079 CONSIDER ADOPTING RESOLUTION REAPPOINTING GENOVEVA CALLOWAY AND VICKY CHONG FOR A TWO-YEAR TERM TO THE SAN PABLO COMMUNITY FOUNDATION GRANTS REVIEW COMMITTEE. CEQA: This is not a project as defined by CEQA. Recommendation: Adopt Resolution 13. #23-070 CONSIDER APPROVAL OF ANNUAL MEMBERSHIP DUES PAYMENT FROM THE CITY OF SAN PABLO FOR CALENDAR YEAR 2023 TO THE LEAGUE OF CALIFORNIA CITIES/CALCITIES. CEQA: This is not a project as defined by CEQA. Recommendation: Receive and file City of San Pablo Page 5 Printed on 3/3/2023 City Council Meeting Agenda - Final March 6, 2023 14. #23-088 CONSIDER AUTHORIZATION TO ESTABLISH A CITY ATTORNEY EMPLOYMENT AGREEMENT TEMPORARY AD-HOC SUBCOMMITTEE, TO EXPIRE ON JUNE 30, 2023. CEQA: This is not a project as defined by CEQA. Recommendation: Approve by Minute Order: upon recommendation by Mayor Pineda, pursuant to SPMC 2.16.070, designate Vice-Mayor Patricia Ponce and Councilmember Elizabeth Pabon-Alvarado to be appointed to a newly-established, Temporary Ad-Hoc Subcommittee to expire by June 30, 2023 for the purposes of discussing potential compensation amendments to the City Attorney's employment agreement. 15. #23-095 CONSIDER AUTHORIZATION TO ACTIVATE THE CASINO SAN PABLO / LYTTON TRIBE TEMPORARY AD-HOC SUBCOMMITTEE FOR CALENDAR YEAR 2023. CEQA: This is not a project as defined by CEQA. Recommendation: Approve by Minute Order * * * END OF CONSENT CALENDAR * * * SUPPLEMENTAL MATERIALS (IF ANY) 16. #23-076 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 Abel Pineda Memberships: Contra Costa County Mayors Association (Primary); West County Mayors & Supervisors Association (Primary); West County Integrated Waste Management/RecycleMore JPA (Primary); West Contra Costa Transportation Advisory Committee (Alternate); Standing Committees: Community Services Ad-Hoc Subcommittees: Public Fiber/Electric Vehicle Infrastructure; City Manager Employment Agreement; San Pablo 75th Anniversary Celebration City of San Pablo Page 6 Printed on 3/3/2023 City Council Meeting Agenda - Final March 6, 2023 (b) Vice Mayor Patricia Ponce Memberships: Contra Costa Mayors' Conference (Alternate); West Contra Costa Mayors & Supervisors Association (Alternate); League of California Cities East Bay League Division (Alternate); 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); Standing Committees: Budget, Fiscal & Legislative; Economic Development, Housing & Project Management Ad-Hoc Subcommittees: Casino San Pablo/Lytton Tribe; San Pablo 75th Anniversary Celebration (c) 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: Smart 5G Policy Projects (d) Councilmember Elizabeth Pabon-Alvarado Memberships: MCE Clean Energy Board of Directors (Alternate) Standing Committees: Budget, Fiscal & Legislative; Public Safety Ad-Hoc Subcommittees: None (e) Councilmember Rita Xavier Memberships: Association of Bay Area Governments (Primary); League of CA Cities East Bay League Division (Primary); San Pablo Community Grant Foundation (Member); West County Integrated Waste Management/RecycleMore JPA Authority (Alternate); West Contra Costa Transportation Advisory Committee (Primary) Standing Committees: Public Safety; Public Health Ad-Hoc Subcommittees: Public Fiber/Electric Vehicle Infrastructure; City Manager Employment Agreement ADJOURNMENT Adjourn to Monday, March 20, 2023 at 6:00 pm. City of San Pablo Page 7 Printed on 3/3/2023