Civic Center
835 East 14th Street
San Leandro, California
City of San Leandro
Minutes
City Council
7:00 PM City Council Chambers
Access the meeting remotely by using this URL
https://zoom.us/j/506831637
Monday, July 15, 2024
Councilmember Bowen participated via teleconference from the business center of the Doubletree Suites by Hilton Hotel Boston - Cambridge 400 Soldiers Field Road Boston, MA 02134-1893
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
1. Mayor Gonzalez called the meeting to order at 7:00 pm and led the Pledge of Allegiance.
Present 6 - Aguilar Jr., Azevedo, Ballew, González III, Bowen, Viveros-Walton Absent 1 - Simon
2. ANNOUNCEMENTS
The Mayor pulled Item 5a on the Consent Calendar and moved it to the first Action Item, under item 10 and also moved up item 10.e to be heard before item 10.a in the interest of time.
3. REPORT ON CLOSED SESSION ACTIONS TAKEN
No report.
4. RECOGNITIONS
No items scheduled.
5. CONSENT CALENDAR
Approval of the Consent Agenda
There was no public comment.
A motion was made by Councilmember Ballew, seconded by Councilmember Aguilar, Jr., to Approve the Consent Calendar as amended. The motion carried by the following vote.
Aye: 6 - Aguilar Jr., Azevedo, Ballew, González III, Bowen, Viveros-Walton City of San Leandro Page 1
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Absent: 1 - Simon
5.b. 24-320 Adopt a Resolution to Accept and Authorize the City Manager to Execute all Documents for a San Francisco Bay Restoration Authority (SFBRA) Grant in the amount of $3,734,489 and Execute All Documents for Phase 2 of the San Leandro Treatment Wetland for Pollution Reduction, Habitat Enhancement, and Shoreline Resiliency Project
Received and Filed on the Consent Calendar.
5.c. 24-328 Adopt a Resolution to Approve and Authorize the City Manager to Execute a Non-Professional Services Agreement with Garland/DBS, Inc. for Roof Restoration Projects at the Water Pollution Control Plant for Fiscal Year 2024-2025 for $1,009,344 and to Negotiate and Approve Cumulative Change Orders up to 8% or $80,748 of the Original Contract Amount, for a Total Not-to-Exceed Amount of $1,090,092 and to Appropriate $1,090,000 From the Water Pollution Control Fund to Account 593-52-113
Received and Filed on the Consent Calendar.
5.d. 24-327 Adopt a Resolution to Authorize the City Manager to Accept the United States Environmental Protection Agency’s San Francisco Bay Water Quality Improvement Fund Water Grant in the amount of $2,975,302 and Execute All Documents Related to the Grant and Appropriate Grant Funds for Phase 2 of the San Leandro Treatment Wetland for Pollution Reduction, Habitat Enhancement, and Shoreline Resiliency Project Received and Filed on the Consent Calendar.
5.e. 24-241 Adopt a Resolution to Approve and Authorize the City Manager to Award a Construction Contract to DeSilva Gates Construction, LLC in the amount of $3,550,550 for the Rehabilitation Phase for the Annual Street Paving 21-23, Project No. 2020.0050; to Authorize the City Manager to Negotiate and Approve Individual Change Orders Up to 5% of the Original Contract Amount ($177,528); to Authorize the City Manager to Negotiate and Approve Cumulative Change Orders up to 15% of the Original Contract Amount ($532,583); and to Reappropriate $266,896 from Account No. 141-38-392 to the Subject Project
Received and Filed on the Consent Calendar.
5.f. 24-278 Adopt a Resolution to Approve and Authorize the City Manager to Execute a Consulting Services Agreement with GPA Consulting in the amount of $271,438 for Environmental Services in support of the Lake Chabot Road Erosion Repairs, Project No. 2023.4020; to Authorize the City Manager to Negotiate and Approve Individual Contract Amendments up to 5% (or $13,572) of the Original Contract Amount; and to Authorize City of San Leandro Page 2
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the City Manager to Negotiate and Approve Contract Amendments up to a Cumulative Value of 10% (or $27,144) of the Original Contract Amount Received and Filed on the Consent Calendar.
5.g. 24-299 Adopt a Resolution to Authorize the City Manager to Negotiate and Approve Increases in Individual Change Orders from 5% to 10% (from $97,941 to $195,882) and Cumulative Change Orders from 15% to 20% (from $293,822 to $391,763) for Washington Avenue Reconstruction, Project No. 2018.4020
Received and Filed on the Consent Calendar.
5.h. 24-258 Adopt a Resolution to Approve and Authorize the City Manager to Execute a Non-Professional Services Agreement with Garland/DBS, Inc. for Roof Restoration Projects for Fiscal Year 2024-2025 for $1,159,072 and to Negotiate and Approve Cumulative Change Orders up to 10% or $115,908 of the Original Contract Amount, for a Total Not-to-Exceed Amount of $1,274,980
Received and Filed on the Consent Calendar.
5.i. 24-318 Adopt a Resolution to Approve and Authorize the City Manager to Execute Amendment No. 2 for $15,140 to a Consulting Services Agreement with Terraphase Engineering, Inc for Environmental Permitting Support for the Haas Avenue Pedestrian Bridge Removal Project
Received and Filed on the Consent Calendar.
5.j. 24-321 Adopt a Resolution to Authorize the City Manager to Approve the Designation of Applicant’s Agent Resolution for Non-State Agencies Received and Filed on the Consent Calendar.
5.k. 24-304 Adopt a Resolution to Approve the City of San Leandro 2024-2029 Age-Friendly Action Plan
Received and Filed on the Consent Calendar.
5.l 24-339 Minutes for the June 17 and July 1 Regular City Council Meetings and June 10 and July 8, 2024 Special City Council Meetings.
Approved as Submitted on the Consent Calendar.
5.m. 24-330 Minutes for the June 26, 2024 Finance Committee Approved as Submitted on the Consent Calendar.
6. CITY MANAGER AND CITY ATTORNEY REPORTS AND COMMENTS
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There were no reports.
7. PUBLIC COMMENTS
Comments were made by approximately 15 people.
8. PUBLIC HEARINGS
8.a. 24-323 Adop Two Resolutions 1) Imposing 2024 Liens for Non-Payment of Delinquent Solid Waste Service Charges, Sidewalk Repair Charges, CalEPA CUPA Surcharge Fees, Building Code Violation and Code Compliance Citation Fees, and Water Pollution Control Plant Commercial and Industrial User Charges; and
2) Overruling Protests Related to Non-Payment of Delinquent Solid Waste Service Charges, Sidewalk Repair Charges, CalEPA CUPA Surcharge Fees, Building Code Violation and Code Compliance Citation Fees, and Water Pollution Control Plant Commercial and Industrial User Charges
There was no public comment.
A motion was made by Councilmember Ballew, seconded by Councilmember Aguilar, Jr., that this Staff Report be Approved. The motion CARRIED by the following vote:
Aye: 6 - Aguilar Jr., Azevedo, Ballew, González III, Bowen, Viveros-Walton
Absent: 1 - Simon
9. PRESENTATIONS
There were no items scheduled.
10. ACTION ITEMS
With the consensus of the City Council, Item 5.a and 10.e were moved to this point on the agenda.
5.a. 24-322 Second Reading and Adoption of an Ordinance Amending Various Chapters of the Zoning Code to Modify Regulations Pertaining to Fencing, Extend Entitlements for Qualified Projects, Replace References to the Board of Zoning Adjustments with the Planning Commission; and an Ordinance to Modify Various Chapters of the Municipal Code to Amend Regulations Pertaining to Private Property Maintenance, Mobile Food Vending, and Noise
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There was no public comment.
A motion was made by Mayor González III, seconded by Councilmember Bowen, that this second reading of an ordinance be Approved. The motion CARRIED by the following vote:
Aye: 5 - Aguilar Jr., Azevedo, González III, Bowen, Viveros-Walton Nay: 1 - Ballew
Absent: 1 - Simon
10.e. 24-332 Adopt a Resolution to Approve and Authorize the City Manager to Enter into Master Services Agreements with Workday, Inc, Cognizant Technology Solutions U.S. Corporation, Robert Half Inc., and Can/Am Technologies Inc. for the implementation of an Enterprise Resource Planning (ERP) solution and 10-year software subscriptions/renewals in the Amount of $8,144,520 and to Authorize Individual Amendments Up to 10% (or $814,452) of the Original Agreements
There was no public comment
A motion was made by Councilmember Viveros-Walton, seconded by Councilmember Azevedo, that this Staff Report be Approved. The motion CARRIED by the following vote:
Aye: 6 - Aguilar Jr., Azevedo, Ballew, González III, Bowen, Viveros-Walton
Absent: 1 - Simon
10.a. 24-280 Adopt a Resolution to Accept the Tabulation Results for the City of San Leandro’s 2024 Stormwater Fee Amendment
There was on public comment.
A motion was made by Councilmember Aguilar, Jr., seconded by Councilmember Viveros-Walton, that this Staff Report be Approved. The motion CARRIED by the following vote:
Aye: 6 - Aguilar Jr., Azevedo, Ballew, González III, Bowen, Viveros-Walton
Absent: 1 - Simon
10.b. 24-310 Adopt Three Resolutions to Approve and Authorize the City Manager to Execute 1) a Franchise Agreement for Collection of Solid Waste, Recyclables, and Organic Waste; 2) a Franchise Agreement for Post Collection Transportation Of Solid Waste and Organic Waste, and Post Collection Processing of Recycling, both between the City of San Leandro and Alameda County Industries, Inc.; and 3) a Franchise Agreement for Post Collection Processing and Disposal of Solid Waste and Organic Waste between the City of San Leandro and Waste Management of Alameda County, Inc
There were two public comments.
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A motion was made by Councilmember Viveros-Walton, seconded by Councilmember Aguilar, Jr., that this Staff Report be Approved. The motion CARRIED by the following vote:
Aye: 6 - Aguilar Jr., Azevedo, Ballew, González III, Bowen, Viveros-Walton
Absent: 1 - Simon
The City Council recessed from 9:00 pm to 9:10 pm.
10.c. 24-305 Motion to Adopt a Minute Order Directing Staff to Either:
A) To Cease All Efforts Associated With Placing a Revenue Measure on the November 2024 Ballot, or
B) Schedule a Special City Council Meeting on July 22 2024 to Place a Specified Revenue Measure on the November 2024 Ballot
There was no public comment.
A motion was made by Councilmember Aguilar, Jr., seconded by Councilmember Azevedo, that this Minute Order be Adopted. The motion CARRIED by the following vote:
Aye: 6 - Aguilar Jr., Azevedo, Ballew, González III, Bowen, Viveros-Walton
Absent: 1 - Simon
10.d. 24-325 Adopt a Resolution Approving and Authorizing the City Manager to Negotiate and Execute a Memorandum of Understanding with Alameda County Fire Department to Implement and Operate the Alternative Response Unit program in San Leandro for a Period of 18 Months in an Amount Not-to-Exceed $1,350,000 in Previously Allocated Funds There were 2 public comments.
A motion was made by Councilmember Azevedo, seconded by Councilmember Aguilar, Jr., that this Staff Report be Approved. The motion CARRIED by the following vote:
Aye: 5 - Aguilar Jr., Azevedo, González III, Bowen, Viveros-Walton
Absent: 1 - Simon
Abstain: 1 - Ballew
At 10:17 pm, there was a motion by Councilmember Viveros-Walton and a second by Councilmember Aguilar to extend the meeting to 10:30 pm. The motion passed 6-0-1 with Councilmember Simon absent.
11. COUNCIL REQUESTS TO SCHEDULE AGENDA ITEMS
Councilmember Viveros-Walton made a request, and by consensus, the City Council agreed to add the following item to the first Council Meeting in September: "Provide an information presentation on the current status of Lake Chabot Road on the September City of San Leandro Page 6
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3rd Council meeting. The purpose is to present the City Council and members of the public an overview of the status of the road and provide an opportunity for the Council and the public to ask questions. This presentation is needed ahead of the upcoming winter season and provides the City Council time to explore temporary actions to mitigate the increased traffic in the Bayovista neighborhood and coordination and partnership with Alameda County."
At 10:17 pm, there was a motion by Councilmember Aguilar and a second by Councilmember Viveros-Walton to extend the meeting five more minutes. The motion passed 5-1-1 with Councilmember Ballew voting no and Councilmember Simon absent.
12. CITY COUNCIL REPORTS, CALENDAR AND ANNOUNCEMENTS
City Councilmembers reported on attendance at intergovernmental agency meetings, conferences, and seminars since the last meeting.
13. ADJOURN
RESPECTFULLY SUBMITTED:
___________________________________
Kelly B. Clancy, CMC
City Clerk for the City of San Leandro
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