PREPARED BY: MATT RODRIGUEZ DATE OF MEETING: 01/21/2025
SUBJECT:
TITLE
CONSIDER AUTHORIZATION ON CITY COUNCIL APPOINTIVE PROCESS TO FILL ONE (1) VACANCY ON THE SAN PABLO ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS FOR A TWO-YEAR STAGGERED TERM FROM FEBRUARY 2025 - JANUARY 2027
CEQA: This proposed action is not a project as defined by CEQA.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Proceed with discussion and selection of one of the policy options to fill one (1) vacancy on the San Pablo Economic Development Corporation Board (SPED Board) of Directors for a 2-year staggered term from February 2025 through January 2027, as follows:
• Option No.1:
If the City Council determines by minute order that as a policy matter the City nominee to the SPEDC Board does not need to be a resident in San Pablo, then consider advertisement of said vacancy for a short period to solicit any new applications. If the City Council chooses this option, then the City Manager can suggest during the meeting possible dates for the application period and when the City Council could schedule a future meeting to conduct interviews, and appointment of City nominee via majority vote approval; OR
• Option No.2:
Proceed with selection of current incumbent (Mr. Saman Farid), make by motion and approve by majority vote via minute order, to serve a vacant 2-year staggered term from February 2025 - January 2027, and submit the City nominee to the SPEDC Board for approval; OR
• Option No.3:
Proceed with City Council authorization, by minute order to waive the City’s nominee for this particular term to be filled by subsequent appointment by the SPEDC Board of Directors per SPEDC By-Laws Article II requirements.
Body
Compliance statements
FY 2023-2025 Council Priority Workplan Compliance Statement:
City Council Assignments and San Pablo Economic Development Corporation Board Appointments are not adopted policy items contained in the FY 2023-2025 City Council Adopted Priority Workplan, effective May 1, 2023, but are important for City governmental operations.
CEQA Compliance Statement
This proposed action is not a project as defined by CEQA.
BACKGROUND
The City of San Pablo maintains the ability to nominate two (2) City appointees to serve with 2-year staggered terms on the San Pablo Economic Development Corporation Board of Directors (SPEDC Board). Currently, SPEDC By-laws do not require that any of the Board Members be residents or business owners in San Pablo. The prior and ongoing practice has been that the City nominees are San Pablo residents, presumably to ensure that representation on the SPEDC Board reflects the needs of the local community.
Current City Appointees to SPEDC Board of Directors
The following City of San Pablo appointees who are serving on the SPEDC Board include, as follows:
1) Mr. Saman Farid, San Pablo resident
On March 1, 2021, San Pablo resident Saman Farid was first appointed by the City Council to a two-year staggered term to the SPEDC Board from February 2021 - January 2023 via Resolution No. 2021-022. On December 19, 2022, Mr. Saman Farid was nominated and re-appointed by the City Council by majority vote via minute action to another 2-year term from February 2023 - January 2025. The SPEDC Board subsequently affirmed this appointment. Mr. Farid’s current SPEDC Board appointment/term expires in January 2025.
2) Ms. Patricia Ponce, San Pablo Councilmember
On February 18, 2020, pursuant to adopted Resolution No. 2020-022, following an open, public application process, Councilmember Patricia Ponce was nominated for appointment to the SPEDC Board of Directors for period February 2020 - January 2022. The SPEDC Board of Directors subsequently affirmed this appointment.
On January 18, 2022, the City Council nominated Councilmember Patricia Ponce for re-appointment by majority vote via minute action to another 2-year term from February 2022 - January 2024. The SPEDC Board of Directors subsequently affirmed this appointment.
On December 18, 2023, the City Council nominated Mayor Patricia Ponce for re-appointment by majority vote via minute action to another 2-year term from February 2024 - January 2026. The SPEDC Board of Directors subsequently affirmed this appointment.
SPEDC Board of Directors Vacancy
On December 18, 2024, SPEDC Executive Director notified the City Manager via e-correspondence of a forthcoming City appointee vacancy on the SPEDC Board at the end of January 2025, including outlining the formal procedure for the City to make a nomination and selection of a new City nominee for subsequent SPEDC Board approval on January 22, 2025 in accordance with the adopted SPEDC By-Laws (Article II) requirements (See Attachment).
SPEDC Board Term (February 2025 - January 2027)
The existing SPEDC Board vacancy is for the next 2-year staggered term from February 2025, and ending on the first meeting or annual meeting of the year for the SPEDC Board in January 2027 as noted above.
Regardless of time of appointment, SPEDC Board members nominated by the San Pablo City Council, and subsequently appointed by SPEDC Board, shall serve terms of no more than two (2) years. Additionally, San Pablo Board of Directors may serve up to three (3) consecutive 2-year terms. San Pablo business ownership and residency are not legal requirements of the City nominee(s) - but can remain a policy requirement of the City Council for City Council appointees to the SPEDC Board under the current adopted SPEDC By-Laws requirements.
Saman Farid’s Interest in Re-Appointment
Contained in the email communication dated 12/18/24 to the City Manager, SPEDC officials expressed interest to have Mr. Saman Farid reconsidered for nomination by the City Council to the SPEDC Board for the next 2-year staggered term beginning February 2025, and ending on the first meeting or annual meeting of the year for the SPEDC Board in January 2027 subject to majority vote approval by the City Council by minute order, and affirmation by the SPEDC Board.
City Council Options to Fill SPEDC Board Vacancy
The following recommended three (3) options by the City Manager are listed below for formal consideration by the City Council to fill upcoming one (1) vacancy on the SPEDC Board for a 2-year staggered term from February 2025 through January 2027, as follows:
• Option No.1:
If the City Council determines by minute order that as a policy matter the City nominee to the SPEDC Board does not need to be a resident in San Pablo, then consider advertisement of said vacancy for a short period to solicit any new applications. If the City Council chooses this option, then the City Manager can suggest during the meeting possible dates for the application period and when the City Council could schedule a future meeting to conduct interviews, and appointment of City nominee via majority vote approval; OR
• Option No.2:
Proceed with selection of Mr. Saman Farid, make by motion and approve by majority vote via minute order, to serve a 2-year staggered term from February 2025 - January 2027, and submit the City nominee to the SPEDC Board for approval; OR
• Option No.3:
Proceed with City Council authorization, by minute order to waive the City’s nominee for this particular term to be filled by subsequent appointment by the SPEDC Board of Directors per SPEDC By-Laws Article II requirements.
City Manager Recommendation
The City Manager recommends the City Council strongly consider Option No.2 due to the following: (1) the incumbent (i.e. Mr. Saman Faris) is eligible for re-appointment per existing SPEDC By-Laws (Article II); and (2) both SPEDC officials and Mr. Farid have expressed formal interest in being nominated for re-appointment to the SPEDC Board by the City Council to serve another 2-year staggered term from February 2025 - January 2027 (See Attachment No.1).
Should the City Council choose Option No.2, majority vote action via minute order is required to submit City nominee to the SPEDC Board for approval at their forthcoming SPEDC Board meeting on January 22, 2025.
City Councilmember and SPEDC Conflict of Interest Issues
There would be no conflict-of-interest issue associated with this action before the City Council this evening in considering this potential nomination by the City Council to the SPEDC Board as this nomination does not include the consideration of an existing Councilmember in contention for this SPEDC Board vacancy at this time.
However, there is an existing conflict-of-interest issue for Councilmember Ponce who was appointed by the City Council to the SPEDC Board in December 2023 and who is actively serving a current 2-year term on the SPEDC Board for period February 2024 - January 2026.
FISCAL IMPACT
None associated with this action.
ATTACHMENTS:
Att A - Email correspondence received 12/18/24 from SPEDC Executive Director to City Manager re: SPEDC Board Re-appointment Process for Mr. Saman Farid and SPEDC By-Laws Requirements (Article II)
Att B - City of San Pablo Application for Boards/Commissions for Mr. Saman Farid