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 PMTuesday, September 6, 2022 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/SPCC090622 (no password needed );OR join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://tinyurl.com/SPCC090622 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: 898 0659 7683; International numbers available: https://us02web.zoom.us/u/kdrzW2jjqT.
September 6, 2022City Council Meeting Agenda - Final
2. Public comments may be submitted watching the meeting via online link :
https://tinyurl.com/SPCC090622.
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.
September 6, 2022City Council Meeting Agenda - Final
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
PRESENTATION OF PROCLAMATION RECOGNIZING THE SAN
FRANCISCO JUNIOR GIANTS COMMUNITY FUND FOR THE
SPONSORSHIP OF THE JUNIOR GIANTS PROGRAM IN THE CITY OF
SAN PABLO
#22-3511.
Recommendation: For Informational Purposes Only
PRESENTATION OF PROCLAMATION RECOGNIZING THE SAN JOSE
EARTHQUAKES FOR THEIR CONTRIBUTIONS TO SUPPORTING
LOCAL YOUTH IN THE SAN PABLO COMMUNITY.
#22-3522.
Recommendation: For Informational Purposes Only
PRESENTATION TO CITY COUNCIL BY THE SAN PABLO ECONOMIC
DEVELOPMENT CORPORATION OF ANNUAL SERVICES FOR
FISCAL YEAR 2021/22
#22-3533.
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.
September 6, 2022City Council Meeting Agenda - Final
MINUTES
MINUTES OF THE MEETINGS OF AUGUST 1, AUGUST 10 AND
AUGUST 22, 2022.
#22-3404.
Recommendation: Approve by Minute Order
LIABILITY CLAIMS
LIABILITY CLAIMS OF MICHAEL J. SANTONE (DOL 10/23/21) AND ALEJANDRA MAGANA-ZARAGOZA (DOL 5/16/22)
#22-3475.
Recommendation: Deny the claims per the recommendation of the Municipal Pooling Authority (MPA), the City's joint risk pool.
PROCLAMATIONS
RATIFY ISSUANCE OF PROCLAMATION RECOGNIZING AUGUST 2,
2022 AS NATIONAL NIGHT OUT IN THE CITY OF SAN PABLO, WHICH
WAS PRESENTED TO THE POLICE DEPARTMENT AT THE CITY
COUNCIL MEETING ON AUGUST 1, 2022.
#22-3666.
Recommendation: Approve by Minute Order
REQUEST FOR ISSUANCE OF PROCLAMATION RECOGNIZING
OCTOBER AS NATIONAL BULLYING PREVENTION MONTH AND
WEDNESDAY OCTOBER 19, 2022 AS UNITY DAY- BULLYING
AWARENESS AND PREVENTION DAY.
#22-3707.
Recommendation: Approve by Minute Order
REQUEST FOR ISSUANCE OF PROCLAMATION RECOGNIZING AND
CELEBRATING THE TEN YEAR ANNIVERSARY OF THE SAN PABLO
ECONOMIC DEVELOPMENT CORPORATION
#22-3748.
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 THROUGH SEPTEMBER 30, 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.
#22-3459.
Recommendation: Adopt Resolution
September 6, 2022City Council Meeting Agenda - Final
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO REJECTING ALL BIDS FOR THE FY 21-22 CITYWIDE SLURRY SEAL PROJECT (NO. 0602) AND DIRECTING THE CITY MANAGER TO
RE-ADVERTISE THE PROJECT FOR BIDS
#22-36010.
Recommendation: Adopt Resolution
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AUTHORIZING THE CITY MANAGER TO (1) ACCEPT THE SECOND
INSTALLMENT OF AMERICAN RESCUE PLAN ACT (ARPA) GRANT
FUNDS IN THE AMOUNT OF $3,706,633; (2) ACCOUNT FOR THE
FUNDS IN A SEPARATE SPECIAL REVENUE FUND 120 CREATED
TO ASSURE COMPLIANCE WITH ALL APPLICABLE FEDERAL
USAGE AND REPORTING REQUIREMENTS; AND (3) ALLOCATE the
FUNDS TO REPLACE PUBLIC SECTOR REVENUE LOSSES DUE TO
COVID-19 IN ACCORDANCE WITH FEDERAL REQUIREMENTS.
#22-33811.
Recommendation: Adopt Resolution
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTANT
SERVICES AGREEMENT WITH EARTH ISLAND INSTITUTE FOR
OUTREACH, EDUCATION AND COMMUNITY CLEANUP SERVICES IN
AN AMOUNT NOT TO EXCEED $3,000 FOR EACH OF FIVE FISCAL
YEARS, FROM FISCAL YEAR 2022-23 THROUGH FISCAL YEAR
2026-27, SUBJECT TO FUNDING AVAILABILITY, FOR A TOTAL
CONTRACT AMOUNT NOT TO EXCEED $15,000 OVER THE FIVE (5) YEAR PERIOD.
#22-32712.
Recommendation: Adopt Resolution
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AMENDING THE CITY’S CLASSIFICATION AND COMPENSATION
PLAN FOR FY 2022/23 BY REALLOCATING ONE FULL-TIME, VACANT
SENIOR PERMIT TECHNICIAN TO A FULL-TIME PERMIT TECHNICIAN I/II AND ADDING ONE (1.0) FULL-TIME PERMIT TECHNICIAN I/II. #22-35813.
Recommendation: Adopt Resolution
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO
APPROVING APPOINTMENT TO CHILDHOOD OBESITY PREVENTION
ADVISORY GROUP FOR TERM AUGUST 13, 2022 TO AUGUST 12,
2024.
#22-35514.
Recommendation: Adopt Resolution reappointing Johnathan Saelee for new term
September 6, 2022City Council Meeting Agenda - Final
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO DECLARING THE 115 CITY-OWNED TRASH AND RECYCLING
RECEPTACLES CURRENTLY ON SIDEWALKS AND IN PARKS AS
SURPLUS PROPERTY AND AUTHORIZING THE FINANCE DIRECTOR
TO SELL, RECYCLE, AND/OR DISPOSE OF THEM
#22-36715.
Recommendation: Adopt Resolution
CITY COUNCIL AUTHORIZATION AFFIRMING THE CITY MANAGER
OPERATIONAL DIRECTIVE TO REINSTATE THE CITY’S ANNUAL
HALLOWEEN EVENT ON THURSDAY, OCTOBER 27, 2022
OUTDOORS AT CITY HALL; AND ACKNOWLEDGING A ONE-TIME
PROGRAM SPECIAL EVENT BUDGET OF $8,500 TO BE PAID FROM
FY 2022-23 CITY MANAGER CONTINGENCY RESERVE FUNDS.
#22-35016.
Recommendation: Approve by Minute Order
CITY COUNCIL CONSIDERATION DIRECTING THE PREVIOUSLY
APPOINTED VOTING DELEGATES FOR THE SEPTEMBER 2022
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE, MAYOR
XAVIER AND CITY ATTORNEY STRICKER, TO VOTE IN FAVOR OF
THE PROPOSED AMENDMENTS TO THE LEAGUE OF CALIFORNIA
CITIES’ BY-LAWS AT THE ANNUAL CONFERENCE.
#22-37517.
Recommendation: Approve by Minute Order
* * * END OF CONSENT CALENDAR * * *
PUBLIC HEARINGS
PUBLIC HEARING AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO (1) AUTHORIZING THE ACCEPTANCE OF AND APPROPRIATING $12,255 IN FUNDS TO BE RECEIVED FROM THE
2020 JUSTICE ASSISTANCE GRANT PROGRAM (JAG); AND (2)
AUTHORIZING THE PAYMENT OF $10,000 TO THE DISTRICT
ATTORNEY’S OFFICE TO ESTABLISH AN ELECTRONIC INTERFACE
WITH PEREGRINE AND KARPEL SOFTWARE SO THE SAN PABLO
POLICE DEPARTMENT MAY SECURELY AND EFFICIENTLY
TRANSMIT REQUEST FOR PROSECUTION FILES
#22-34218.
Recommendation: Conduct public hearing; adopt Resolution
September 6, 2022City Council Meeting Agenda - Final
CITY COUNCIL DISCUSSION/CONSIDERATION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO
ACCEPTING A PRIVATE DONATION REQUEST AND AUTHORIZING
CITY STAFF TO INSTALL A TREE AND PLAQUE IN MEMORY OF
SENIOR PERMIT TECHNICIAN, MARY ANN DELGADO, WHO PASSED
AWAY ON JULY 17, 2022.
#22-35919.
Recommendation: Adopt Resolution
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.
#22-34120.
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
(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
September 6, 2022City Council Meeting Agenda - Final
(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, September 19, 2022 at 6:00 pm, in memory of Ofelia Marlen Gurdian, mother of Planning Commissioner Johana Gurdian.