City Council
City of San Pablo
Meeting Agenda - Final
1000 Gateway Avenue
San Pablo, CA 94806
(510) 215-3000
www.SanPabloCA.gov
Mayor Abel Pineda
Vice Mayor Patricia Ponce
Councilmember Arturo Cruz
Councilmember Elizabeth Pabon-Alvarado
Councilmember Rita Xavier
Via Teleconference/Videoconference6:00 PMMonday, December 19, 2022
CITY COUNCIL / LOCAL SUCCESSOR AGENCY
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. 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/SPCC121922 (no password needed ); OR Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join https://tinyurl.com/SPCC121922
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: 840 0274 7872; International numbers available: https://us02web.zoom.us/u/kdoxF4uDO.
2. Public comments may be submitted watching the meeting via online link :
https://tinyurl.com/SPCC121922.
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.
December 19, 2022City Council Meeting Agenda - Final
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.
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. * * * * * * * * * * * * * * *
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.
December 19, 2022City Council Meeting Agenda - Final
ORAL COMMUNICATIONS
This is the time for comments on any item within the Council ’s and Successor Agency's subject matter jurisdiction, if such item is NOT listed on tonight ’s agenda. The Council or Agency 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.
CEREMONIAL MATTERS
ADMINISTER OATH OF OFFICE TO NEWLY-ELECTED OFFICIAL,
ELIZABETH PABON-ALVARADO, COUNCILMEMBER.
#22-4821.
Recommendation: Proceed administration of Oath of Office to newly elected councilmember
INTRODUCTION OF NEW CITY OF SAN PABLO EMPLOYEES HIRED
FROM OCTOBER 2021 THROUGH NOVEMBER 2022.
#22-4582.
Recommendation: For Informational Purposes Only
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 MEETING OF DECEMBER 5, 2022.
CEQA: This is not a project as defined by CEQA.
#22-4753.
Recommendation: Approve by Minute Order
PERIODIC REPORTS
VENDOR CHECK REGISTER REPORT FOR THE MONTH OF
NOVEMBER 2022.
CEQA: This is not a project as defined by CEQA.
#22-4904.
Recommendation: Approve by Minute Order
SB341 AUDIT OF THE LOW- AND MODERATE-INCOME HOUSING
ASSET FUND
CEQA: This is not a project as defined by CEQA.
#22-4885.
Recommendation: Receive and file
December 19, 2022City Council Meeting Agenda - Final
RECEIVE AND FILE THE ANNUAL COMPREHENSIVE FINANCIAL
REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2022.
CEQA: This is not a project as defined by CEQA.
#22-4786.
Recommendation: Approve by Minute Order
LIABILITY CLAIMS
LIABILITY CLAIM OF ANGELICA VALDIVIA (DOL 11/08/22).
CEQA: This is not a project as defined by CEQA.
#22-4977.
Recommendation: Deny the claim per the recommendation of the Municipal Pooling Authority (MPA), the City's joint risk pool.
BOARDS AND COMMISSIONS
BOARDS AND COMMISSIONS: AUTHORIZE THE POSTING OF THE
LOCAL APPOINTMENTS LIST PURSUANT TO THE MADDY ACT
CEQA: This is not a project as defined by CEQA
#22-5008.
Recommendation: Approve by Minute Order
MISCELLANEOUS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO
AUTHORIZING A WAIVER OF RENTAL FEES FOR USE OF DAVIS
PARK SPORTS FIELDS AND CONCESSION STAND BY THE SAN
PABLO BASEBALL ASSOCIATION FOR THE 2023 WINTER / SPRING SEASON
CEQA: This is not a project as defined by CEQA.
#22-4329.
Recommendation: Adopt Resolution
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO
AUTHORIZING A WAIVER OF RENTAL FEES FOR USE OF RUMRILL
SPORTS PARK KIOSK, AND A TWO-THIRDS (2/3) REDUCED RENTAL
FEE AT RUMRILL SPORTS PARK FOR FIELDS FOR THE SAN PABLO
UNITED YOUTH SOCCER CLUB FOR ADDITIONAL DAYS FOR THE
SUMMER / FALL 2022 SEASON AND THE 2023 WINTER / SPRING
SEASON.
CEQA: this is not a project as defined by CEQA.
#22-43310.
Recommendation: Adopt Resolution
December 19, 2022City Council Meeting Agenda - Final
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO
AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST
AMENDMENT TO AGREEMENT FOR OUTREACH SERVICES
BETWEEN THE CITY OF SAN PABLO AND EARTH TEAM FOR
ADDITIONAL CONSULTANT SERVICES TO IMPLEMENT THE
COVID-19 ACTION TEAMS PROJECT (PROJECT NO. 0955) IN AN
AMOUNT OF $20,868 FOR A TOTAL AGREEMENT AUTHORIZATION
NOT TO EXCEED $173,146.
CEQA: This item is not a project as defined by CEQA.
#22-43911.
Recommendation: Adopt Resolution
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO
AUTHORIZING A MAPLE HALL RENTAL FEE WAIVER IN THE AMOUNT OF $1,265 FOR THE CONTRA COSTA COUNTY BOARD OF
SUPERVISORS BOARD MEETING ON TUESDAY, JANUARY 24, 2023
CEQA: This is not a project as defined by CEQA.
#22-48712.
Recommendation: Adopt Resolution
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO (1)
ACCEPTING AND APPROPRIATING AN ESTIMATED TOTAL OF
$284,424 IN OPIOID LITIGATION SETTLEMENT FUNDS TO BE
DISTRIBUTED TO THE CITY OF SAN PABLO INCREMENTALLY OVER THE NEXT EIGHTEEN YEARS, AND (2) AUTHORIZING FUNDS TO BE
USED TO DEVELOP AND ENHANCE EVIDENCE-BASED
PREVENTION PROGRAMS IN SCHOOLS AND TRAINING FOR FIRST
RESPONDERS TO STRATEGICALLY ADDRESS PRE- AND
POST-OVERDOSE RESPONSE TO SUPPORT BEHAVIORAL HEALTH
SERVICES
CEQA: This is not a project as defined by CEQA.
#22-48913.
Recommendation: Adopt Resolution
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO
AUTHORIZING AN ADDITIONAL ONE-TIME BUDGET APPROPRIATION NOT TO EXCEED $40,000 FROM FY 2022-23 CITY MANAGER
CONTINGENCY RESERVE TO AUGMENT THE RECOMMENDED
EVENT EXPENSE WORKPLAN FOR THE CITY’S OFFICIAL 75TH
ANNIVERSARY CELEBRATION ON APRIL 27, 2023.
CEQA: This is not a project as defined by CEQA.
#22-49314.
Recommendation: Adopt Resolution
December 19, 2022City Council Meeting Agenda - Final
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AUTHORIZING THE CITY MANAGER TO: (1) EXECUTE AN
AGREEMENT WITH CENTRALSQUARE TECHNOLOGIES, LLC TO
PURCHASE SOFTWARE, ANNUAL LICENSING AND RELATED
PROFESSIONAL SERVICES TO UPDATE THE TRAKIT.NET PERMIT
PROCESSING SYSTEM TO COMMUNITY DEVELOPMENT ADVANCED
PREMISE AT A COST OF $129,857.40 INCLUDING A FIRST YEAR SUBSCRIPTION TOTAL OF $28,800; (2) WAIVE FORMAL BID
REQUIREMENTS; AND (3) DETERMINE THAT THIS AGREEMENT AND
ACQUISITION IS NOT A PROJECT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
CEQA: The requested action is not a project as defined by CEQA. CEQA Guidelines section 15378 states that a “project” does not include continuing administrative or maintenance activities or organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. The development projects that are processed through the proposed software program are individually assessed under CEQA as part of the individual project review and entitlement process.
#22-49215.
Recommendation: Adopt Resolution
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST
AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT
WITH THE WEST CONTRA COSTA INTEGRATED WASTE
MANAGEMENT AUTHORITY TO EXTEND, FOR A 31-DAY PERIOD
THROUGH JANUARY 31, 2023, CERTAIN FINANCIAL SERVICES THE
CITY OF SAN PABLO PROVIDES TO THE AUTHORITY FOR A MINIMUM OF $2,659.27 PER MONTH.
CEQA: This is not a project as defined by CEQA.
#22-50116.
Recommendation: Adopt Resolution
RESOLUTIONS OF THE CITY COUNCIL AND LOCAL SUCCESSOR
AGENCY OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY
OF SAN PABLO APPROVING THE CITY’S AND LOCAL SUCCESSOR
AGENCY’S PROPERTY INVENTORY OF LEASED AND OWNED
PROPERTIES PURSUANT TO GOVERNMENT CODE 50569
CEQA: This is not a project as defined by CEQA. CEQA Guidelines section 15378 states that “project” does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
#22-48017.
Recommendation: Adopt Resolution
December 19, 2022City Council Meeting Agenda - Final
RESOLUTION OF THE LOCAL SUCCESSOR AGENCY OF THE
FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN PABLO
APPROVING AN ADMINISTRATIVE BUDGET AND ADOPTING THE
RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE FOR FISCAL
YEAR 2023-24 (“ROPS 23-24”).
CEQA: This is not a project as defined by CEQA.
#22-48318.
Recommendation: Adopt Resolution
* * * END OF CONSENT CALENDAR * * *
PUBLIC HEARINGS
PUBLIC HEARING AND RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN PABLO TO CONSIDER A REQUEST FROM RICHMOND
SANITARY SERVICE TO INCREASE THE MAXIMUM SOLID WASTE
(TRASH, RECYCLING AND ORGANICS) COLLECTION RATES BY
0.62% FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL
CUSTOMERS EFFECTIVE JANUARY 1, 2023.
CEQA: Under the California Environmental Quality Act (CEQA), establishing maximum solid waste collection rate adjustments is statutorily exempt under Public Resources Code Section 21080(b)(8) and 14 Cal.
Code of Regulations section 15273 on the basis that the proposed changes to rates and charges are needed to meet operating expenses, and is also categorically exempt under Section 15061(b)(3) of the CEQA guidelines, on the basis that there is no significant environmental impact as a result of the rate changes. A Notice of Exemption will be filed with the County Clerk if the resolution is adopted.
#22-44419.
Recommendation: Conduct public hearing; adopt Resolution
December 19, 2022City Council Meeting Agenda - Final
PUBLIC HEARING ON AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AMENDING CHAPTER 15.04 OF THE SAN
PABLO MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2022
CALIFORNIA ADMINISTRATIVE CODE; 2022 CALIFORNIA BUILDING CODE VOLUMES 1 AND 2, AS AMENDED; 2022 CALIFORNIA
RESIDENTIAL CODE, AS AMENDED; 2022 CALIFORNIA ELECTRICAL CODE; 2022 CALIFORNIA MECHANICAL CODE; 2022 CALIFORNIA
PLUMBING CODE; 2022 CALIFORNIA ENERGY CODE, AS AMENDED; 2022 CALIFORNIA HISTORICAL BUILDING CODE; 2022 CALIFORNIA
FIRE CODE WITH AMENDMENTS ADOPTED BY THE CONTRA COSTA
COUNTY FIRE PROTECTION DISTRICT; 2022 CALIFORNIA EXISTING BUILDING CODE; 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; 2022 CALIFORNIA REFERENCED STANDARDS CODE; AND
THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, AS
AMENDED; AND DETERMINING THAT ADOPTION OF THESE
AMENDMENTS IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
CEQA: This proposed action is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines section 15061(b)(3) (i.e., the “common sense” exemption) in that its purpose to provide minimum standards to safeguard life, limb, health, property, and public welfare of construction and its adoption will not have the effect of deleting or substantially changing any regulatory standards or findings and it can be determined with certainty that the adoption of the proposed amendments to the Municipal Code has no potential for causing a significant effect on the environment. In addition, adoption of these amendments is exempt from review under CEQA Guidelines section 15308 because the project is an action being taken by a regulatory agency where the process involves procedures for the protection of the environment that do not have the potential to cause significant effects on the environment.
#22-48120.
Recommendation: Conduct Public Hearing; waive first reading; introduce Ordinance * * * END OF PUBLIC HEARINGS * * *
December 19, 2022City Council Meeting Agenda - Final
CITY COUNCIL DISCUSSION/CONSIDERATION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO APPROVING THE CITY OF SAN PABLO SLOGAN “TEAMWORK SAN
PABLO 2023 - THE YEAR OF RESTORATION” FOR THE JANUARY TO DECEMBER 2023 PERIOD.
CEQA: This is not a project as defined by CEQA.
#22-47721.
Recommendation: Adopt Resolution
CITY COUNCIL APPOINTIVE PROCESS TO NOMINATE A PERSON TO
THE SAN PABLO ECONOMIC DEVELOPMENT CORPORATION
(SPEDC) TO FILL ONE VACANCY ON THE SPEDC BOARD OF
DIRECTORS FOR A TWO-YEAR TERM FROM FEBRUARY 2023 -
JANUARY 2025
CEQA: This is not a project as defined by CEQA.
#22-49122.
Recommendation: Proceed with discussion and selection of one of four (4) policy options to nominate an individual to fill one (1) vacancy on the San Pablo Economic Development Corporation (SPEDC) Board of Directors for a 2-year term from February 2023 through January 2025.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO, CALIFORNIA, (1) EXTENDING THE EXISTENCE OF A LOCAL
EMERGENCY DUE TO NOVEL CORONAVIRUS (COVID-19); (2)
DETERMINING THAT THE CITY COUNCIL AND OTHER BROWN ACT
BODIES OF THE CITY OF SAN PABLO CONTINUE TO MEET
REMOTELY DUE TO COVID-19 SOCIAL DISTANCING
RECOMMENDATIONS FROM THE CONTRA COSTA HEALTH
DEPARTMENT UNDER ASSEMBLY BILL 361 FINDINGS (3)
ESTABLISHING NEW STRUCTURE AND SAFETY PROTOCOLS FOR
HOLDING CITY OF SAN PABLO PUBLIC MEETINGS BEGINNING
JANUARY 1, 2023; AND (4) CONFIRMING ACTIONS TAKEN BY THE
DIRECTOR OF EMERGENCY SERVICES
CEQA: This item is not a project as defined by CEQA.
#22-49623.
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.
#22-47624.
December 19, 2022City Council Meeting Agenda - Final
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 Abel Pineda
Memberships: Contra Costa County Mayors Association (Primary); West Contra Costa Transportation Advisory Committee (Alternate); West County Integrated Waste Management /RecycleMore JPA (Primary); West County Mayors & Supervisors Association (Primary)
Standing Committees: Community Services
Ad-Hoc Subcommittees: Public Fiber /Electric Vehicle Infrastructure; City Manager Employment Agreement; San Pablo 75th Anniversary Celebration
(b) Vice Mayor 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
(c) 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
(d) Councilmember Elizabeth Pabon-Alvarado
Memberships: MCE Clean Energy Board of Directors (Alternate) Standing Committees: Budget, Fiscal & Legislative
Ad-Hoc Subcommittees: None
(e) Councilmember Rita Xavier
Memberships: Association of Bay Area Governments (Primary); League of CA Cities East Bay League Division (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
ADJOURNMENT
Adjourn to Tuesday, January 17, 2023 at 6:00 pm.