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/Videoconference6:00 PMMonday, March 7, 2022 CLOSED SESSION BEGINS AT 5:00 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/SPCCmtg030722 (no password needed ); OR Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join https://tinyurl.com/SPCCmtg030722.
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: 841 4947 9606; International numbers available: https://us02web.zoom.us/u/kUcshsWB6.
March 7, 2022City Council Meeting Agenda - Final
2. Public comments may be submitted watching the meeting via online link :
https://tinyurl.com/SPCCmtg030722
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 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.
March 7, 2022City Council Meeting Agenda - Final
ROLL CALL
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
CLOSED SESSION:
1. Labor Negotiations regarding City Manager’s proposed contract amendments pursuant to Gov’t Code section 54957.6 with designated representatives: Mayor Xavier and Vice Mayor Pineda; City Attorney Lynn Tracy Nerland, Assistant City Manager Charles Ching
#22-1161.
* * * END OF CLOSED SESSION * * *
PLEDGE OF ALLEGIANCE
ROLL CALL
Speakers wishing to address the Council or Successor Agency on a specific agenda item should file a form with the City Clerk indicating the agenda item. The Mayor or Chair will invite you to speak at the appropriate time when the matter is being considered. If you desire to address the Council or Agency, 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.
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
MINUTES OF THE MEETINGS OF FEBRUARY 16 AND FEBRUARY 22, 2022.
#22-0872.
Recommendation: Approve by Minute Order
March 7, 2022City Council Meeting Agenda - Final
PROCLAMATIONS
REQUESTS FOR ISSUANCE OF PROCLAMATIONS RECOGNIZING
AND COMMENDING (1) THE 125TH ANNIVERSARY OF PTA (PARENT TEACHER ASSOCIATION) AND DECLARING FEBRUARY 17, 2022 AS CALIFORNIA STATE PTA DAY IN THE CITY OF SAN PABLO; AND (2)
MARCH AS AMERICAN RED CROSS MONTH
#22-0973.
Recommendation: Approve by Minute Order
REQUEST BY MAYOR XAVIER FOR ISSUANCE OF PROCLAMATION
IN SUPPORT OF THE NATION OF UKRAINE TO SYMBOLIZE ITS
DEMOCRACY, FREEDOM AND INDEPENDENT SOVEREIGNTY
#22-1134.
Recommendation: Approve by Minute Order
MISCELLANEOUS
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 DUE TO COVID-19 SOCIAL DISTANCING
RECOMMENDATIONS FROM THE CONTRA COSTA HEALTH
DEPARTMENT; AND CONFIRMING THE ACTIONS TAKEN BY THE
DIRECTOR OF EMERGENCY SERVICES.
#22-0985.
Recommendation: Adopt Resolution
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO APPROVING A ONE-TIME SPONSORSHIP IN THE AMOUNT OF $5,000
TO THE SAN PABLO BASEBALL ASSOCIATION (WITH MIKE NORRIS BASEBALL ACADEMY AS NON-PROFIT 501C(3) ORGANIZATION AS
FISCAL AGENT) FOR BASEBALL UNIFORMS AND EQUIPMENT
EXPENSE ONLY FOR THE 2022 SEASON
#22-1116.
Recommendation: Adopt Resolution
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO
TO CONSIDER OPPOSITION TO THE PROPOSED TAXPAYER
PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT -
STATEWIDE INITIATIVE (NO. AG #21-0042A1)
#22-1057.
Recommendation: Adopt Resolution
March 7, 2022City Council Meeting Agenda - Final
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO TO (1) ENTER INTO A FUNDING AGREEMENT WITH WEST CONTRA
COSTA TRANSPORTATION ADVISORY COMMITTEE (WCCTAC) FOR
SUBREGIONAL TRANSPORTATION MITIGATION PROGRAM (STMP)
GRANT FUNDS IN THE AMOUNT OF $668,000; (2) ACCEPT AND
APPROPRIATE WCCTAC’S STMP GRANT FUNDS TO THE SAN
PABLO AVENUE BRIDGE REPLACEMENT PROJECT (0202); AND (3)
AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH MARK THOMAS AND COMPANY, INC. FOR ENGINEERING AND
DESIGN CONSULTANT SERVICES FOR THE SAN PABLO AVENUE
BRIDGE REPLACEMENT PROJECT (0202) IN THE AMOUNT OF
$1,227,473 WITH A DESIGN CONTINGENCY OF $175,527 FOR PHASE 1 FOR A TOTAL AUTHORIZATION OF $1,403,000.
#22-0658.
Recommendation: Adopt Resolution
CITY COUNCIL AUTHORIZATION RATIFYING LETTER OF SUPPORT
TRANSMITTED ON FEBRUARY 24, 2022 FROM MAYOR XAVIER TO
STATE ASSEMBLYMEMBER REBECCA BAUER-KAHN (D-16TH
DISTRICT) TO SUPPORT STATEWIDE LEGISLATION AB 2374 -
CRIMES AGAINST PUBLIC HEALTH AND SAFETY: ILLEGAL
DUMPING.
#22-1069.
Recommendation: Approve by Minute Order by majority vote * * * END OF CONSENT CALENDAR * * *
CITY COUNCIL DISCUSSION/CONSIDERATION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO APPOINTING TERESA L. STRICKER AS CITY ATTORNEY EFFECTIVE APRIL 19, 2022; APPROVING AN EMPLOYMENT AGREEMENT WITH
THE NEW CITY ATTORNEY; AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
#22-09910.
Recommendation: If the City Council desires to appoint Teresa L. Stricker as City Attorney effective April 19, 2022, then approve the attached resolution appointing the City Attorney; approving the Employment Agreement; and authorizing the Mayor to execute it.
CITY COUNCIL CONSIDERATION TO AUTHORIZE A REQUEST FROM
SAN PABLO MAYOR RITA XAVIER TO FLY A COMMEMORATIVE FLAG AT the CIVIC CENTER FLAG POLE RECOGNIZING THE FREEDOM,
DEMOCRACY AND SOVEREIGNTY OF THE NATION OF UKRAINE FOR
THE ENTIRE MONTH OF MARCH 2022
#22-11911.
Recommendation: 1. The City Manager recommends formal consideration of this commemorative flag request from Mayor Xavier in accordance with the adopted City of San Pablo Policy on Display of Flags requirements adopted via Resolution 2020-061; and/or
2. Provide further direction by majority vote.
March 7, 2022City Council Meeting Agenda - Final
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.
#22-11212.
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 (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 (c) Councilmember Patricia Ponce
Memberships: MCE Board of Directors (Primary); San Pablo Economic Development Corporation Board of Directors (City Council Appointee ); San Pablo -Manzanillo Sister City Committee (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
March 7, 2022City Council Meeting Agenda - Final
(e) Councilmember Elizabeth Pabon-Alvarado
Memberships: MCE Board of Directors (Alternate)
Standing Committees: Budget, Fiscal & Legislative
Ad-Hoc Subcommittees: None
ADJOURNMENT
Adjourn to Monday, March 21, 2022 at 6:00 pm, in memory of John Dubiel, brother -in-law of Accounting Technician Karalee Vroom Dubiel.