City Council
City of San Pablo
Meeting Agenda - Final
1000 Gateway Avenue
San Pablo, CA 94806
(510) 215-3000
www.SanPabloCA.gov
Mayor Rita Xavier
Vice Mayor Abel Pineda
Councilmember Patricia Ponce
Councilmember Arturo Cruz
Councilmember Elizabeth Pabon-Alvarado
Via Teleconference/Videoconference4:00 PMWednesday, January 26, 2022
CITY COUNCIL SPECIAL MEETING
CLOSED SESSION BEGINS AT 4:00 PM
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 strongly recommends holding on line (teleconferenced or videoconferenced) meetings.
In order to comply with public health orders 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/SpecialSPCCmtg012622 (no password needed ); OR Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join https://tinyurl.com/SpecialSPCCmtg012622.
January 26, 2022City Council Meeting Agenda - Final
Or join by phone: 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 +1 929 205 6099, or +1 301 715 8592, or +1 312 626 6799; Webinar ID: 885 5416 2949; International numbers available: https://us02web.zoom.us/u/kseLU9Nke.
2. Public comments may be submitted watching the meeting via online link:https://tinyurl.com/SpecialSPCCmtg012622.
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 [email protected], 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 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.
January 26, 2022City Council Meeting Agenda - Final
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.
PLEDGE OF ALLEGIANCE
ROLL CALL
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.
CLOSED SESSION
Members of the public may address the Council concerning the Closed Session matters on tonight's agenda before consideration of the item. Please file your name and address with the City Clerk on forms provided at the speaker's podium.
CLOSED SESSION:
1. Recruitment and Appointment of City Attorney pursuant to Gov’t Code section 54957(b)(1);
2. Labor Negotiations regarding city attorney candidates pursuant to Gov’t Code section 54957.6 with designated representatives: City Manager Matt Rodriguez, Assistant City Manager Charles Ching, Human Resources Manager Alicia Southern and recruiter Maria Hurtado with Peckham and McKenney
#22-0461.
CLOSED SESSION
Pursuant to Gov’t Code section 54957:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
TITLE: City Attorney
#22-0502.
January 26, 2022City Council Meeting Agenda - Final
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Existing litigation against the City of San Pablo pursuant to California Government Code Section 54956.9(d)(1):
1. Bluitt, DeNeka v. City of San Pablo, et al., Contra Costa County Superior Court, Case No. C20-02242
2. Carranza, Luis Montoya v. City of San Pablo, et al., United States District Court, Northern District of California, Case No. 4:20-cv-08443 -KAW
3. Duran, Maria E. v. City of San Pablo, et al., Contra Costa County Superior Court, Case No. CIVMSC20-00045
4. Ebert, Jennifer v. City of San Pablo, et al., Contra Costa County Superior Court, Case No. CIVMSC19-01948
5. Lindsey, Jamar v. City of San Pablo, et al., United States District Court, Northern District of California, Case No. 4:21-cv-06195-DMR
6. Mayberry, Marlon v. Bowman, Akiesha Deshawn, et al., Contra Costa County Superior Court, Case No. C21-01629
7. S.D.G v. City of San Pablo, et al., Contra Costa County Superior Court, Case No. C21-01488
8. Thomas, Vincent v. City of San Pablo, et al., Contra Costa County Superior Court, Case No. C21-01406
9. Walker, Dawnya v. City of San Pablo, et al., Contra Costa County Superior Court, Case No. CIVMSC19-00548.
#22-0443.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
(TORT CLAIMS)
Anticipated litigation against the City of San Pablo pursuant to California Government Code Sections 54956.9(d)(2) and 54956.95:
1. Aguirre, Oscar H,: Date of Loss (DOL) 6/1/21
2. Chagolla, Ana/ Farmers Insurance: DOL 8/6/21
3. Donohue Schriber Realty Group (Princeton Plaza): DOL 6/1/16
4. Jones, Barbara: DOL 10/14/21
5. Rodriguez Pantoja, Fredy/ 21st Century Insurance: DOL 1/21/21
6. Ruiz, Salvador Virgen: DOL 2/16/21
7. Vu, Ann M.: DOL 3/18/21
8. Washington, Charnet: DOL 3/22/21
9. Officer-involved shooting on December 15, 2021
#22-0454.
January 26, 2022City Council Meeting Agenda - Final
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL-INITIATION OF
LITIGATION/EXISTING LITIGATION
pursuant to California Government Code Sections 54956.9(d)(4) and 54956.9(d)(1):
1. In Purdue Pharma L.P. et al., United States Bankruptcy Court, Southern District of New York, Case No. 19-23649(RDD) (bankruptcy); In re National Prescription Opiate Litigation, United States District Court for the Northern District of Ohio, MDL No. 2804, Case No. 17-MD-2804 (class action).
2. City of Long Beach v. Monsanto Company et al., United State District Court, Central District, Case 2:16-cv-03493-FMO-AS (class action)
3. Yerba Buena neighborhood Consortium LLC v. Metropolitan Transportation Commission, Association of Bay Area Governments, Superior Court for the County of San Francisco, Case No. CPF-21- 517627 [CEQA Case]
4. Restitution Claims: Consideration of whether to Initiate Litigation (3) #22-0475.
* * * END OF CLOSED SESSION * * *
CITY ATTORNEY REPORT ON CLOSED SESSION ITEMS
SUPPLEMENTAL MATERIALS (IF ANY)
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.
#22-0486.
ADJOURNMENT
Adjourn to regular City Council meeting of Monday, February 7, 2022 at 6:00 pm.