City of San Pablo
Meeting Minutes - Final
City Council
6:00 PM Council Chambers/ Teleconference-VideoconferenceTuesday, January 17, 2023 City Council and Staff will attend In-Person or 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/SPCC011723 (no password needed); OR Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join https://tinyurl.com/SPCC011723 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 8021 5080; International numbers available: https://us02web.zoom.us/u/kyBlAu6O4.
2. Public comments may be submitted watching the meeting via online link:
https://tinyurl.com/SPCC011723
a. Via EMAIL to [email protected]. 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.
January 17, 2023City Council Meeting Minutes - Final
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
Mayor Abel Pineda, Vice Mayor Patricia Ponce, Councilmember Arturo Cruz, Councilmember Elizabeth Pabon-Alvarado, and Councilmember Rita Xavier
Present: 5 -
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
City Clerk Gantt read aloud the comments submitted by Cordell Hindler who requested inviting Danny Wan to provide a presentation on how Oakland is recovering from the pandemic and _____.
January 17, 2023City Council Meeting Minutes - Final
CITY MANAGER REMARKS
City Manager announced the following:
- PW working with storms in the past 2 weeks and issues with flooding throughout the city including Rumrill Blvd and 23rd St. Commended PD and PW staff for coordinating daily reports on status of the _____, Sandbags available to residents; issued approx 15K sandbags; 6-12 downed streets; monitoring traffic impacts; 215-3070 or 724-1111
- Dumpster Day 1/28 at 2600 Moraga Rd
- 4 options to dispose of Christmas trees; put in organic waste collection 3' lengths; other means to dispose of non-compostable trees
CONSENT CALENDAR
Pull
RX item #5 (Lao Family) to be recused
EPA no
AC no
PP no
AP no
MOTION: AC/EPA; item #5 RX recused;
MINUTES
1. CONSIDER APPROVING MINUTES OF THE MEETING OF DECEMBER 19, 2022.
CEQA: This is not a project subject to CEQA.
PERIODIC REPORTS
2. CONSIDER APPROVING VENDOR CHECK REGISTER REPORT FOR THE MONTH OF DECEMBER 2022
CEQA: This is not a project as defined by CEQA.
MISCELLANEOUS
3. CONSIDER ADOPTING RESOLUTION (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; AND (3) CONFIRMING ACTIONS TAKEN BY THE DIRECTOR OF EMERGENCY SERVICES.
CEQA: This item is not a project as defined by CEQA.
January 17, 2023City Council Meeting Minutes - Final
4. CONSIDER ADOPTING RESOLUTION DIRECTING THE CITY MANAGER TO PROCEED WITH RETAINING FRANCISCO AND ASSOCIATES, INC. TO CONDUCT BENEFIT ANALYSIS AND STRATEGY RESEARCH INSTITUTE, INC. TO CONDUCT COMMUNITY
OUTREACH SERVICES FOR THE SAN PABLO STREET LIGHTING AND LANDSCAPE DISTRICT NO. 1982-1.
CEQA: This project is not subject to CEQA.
5. CONSIDER ADOPTING RESOLUTION OF THE CITY COUNCIL IN ITS CAPACITY AS
HOUSING SUCCESSOR AUTHORIZING THE CITY MANAGER TO EXECUTE A
SUBORDINATION AGREEMENT WITH BENEFICIAL STATE BANK FOR THE RUMRILL PLACE APARTMENTS (1883 RUMRILL BOULEVARD)
CEQA: This is not a project within the meaning of CEQA, and if deemed a project, would be exempt from CEQA.
6. CONSIDER ADOPTING RESOLUTION APPROVING GENERAL FUND DESIGNATED
RESERVES (GFDR) TOTAL FUND BALANCE ALLOCATION AMENDMENT OF $7,429,138 FOR FISCAL YEAR 2022-23, EFFECTIVE JANUARY 1, 2023.
CEQA: This is not a project subject to CEQA.
7. CONSIDER ADOPTING RESOLUTION AUTHORIZING REQUEST TO THE
METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF $160,000 IN FY 2023/24 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT FUNDING FOR THE SAFE ROUTES TO E .M.
DOWNER ELEMENTARY SCHOOL PROJECT AND FINDING THE PROJECT
CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
CEQA: Staff evaluation of this work with respect to the California Environmental Quality Act (CEQA) recommends that it be found categorically exempt in accordance with Section 15301 (Class 1) of the CEQA Guidelines, minor alterations to existing public streets. The Notice of Exemption will be filed with the Contra Costa County Clerk prior to the January 26, 2023 deadline for grant submittal.
8. CONSIDER ACCEPTING CITY MANAGER ’S REPORT REGARDING THREE
EMERGENCY PROCUREMENTS MADE PURSUANT TO MUNICIPAL CODE SECTION
3.16.110(D), TOTALING $ 33,000 FOR THE THREE CONTRACTS, NEEDED TO ABATE AN IMMEDIATE PUBLIC HEALTH AND SAFETY RISK AT 2600 MORAGA ROAD.
CEQA: Execution of these contracts is not a project under CEQA.
January 17, 2023City Council Meeting Minutes - Final
ORDINANCES (Second Reading)
9. CONSIDER ADOPTING ORDINANCE 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. * * * END OF CONSENT CALENDAR * * *
January 17, 2023City Council Meeting Minutes - Final
CITY COUNCIL DISCUSSION/CONSIDERATION
10. CONSIDER RESOLUTION AFFIRMING THE RECOMMENDED APPOINTMENTS BY
MAYOR PINEDA OF INDIVIDUAL CITY COUNCIL STANDING COMMITTEE AND REGIONAL/LOCAL ASSIGNMENTS FOR CALENDAR YEAR 2023 PURSUANT TO SAN PABLO MUNICIPAL CODE SECTION 2.16.070.
CEQA: This project is not subject to CEQA.
City Manager Rodriguez introduced the item and provided overview of the process in recommendations for Council assignments. He referenced the last minute agenda correspondence including the change to Exhibit B correcting the typographical error.
Questions by Council:
RX no
EPA how are the assignments determined? CM responded it's up to mayor based on operational need; any member of the Council can suggest change; AP responded based on Councilmember's passion, background, expertise, etc. EPA expressed her comments
AC asked for clarification of his assignments
PP no
AP commented a/PPPPnd thanked for consideration of assignments MOTION: AC/PP
SUPPLEMENTAL MATERIALS (IF ANY)
11. 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.
MAYOR AND CITY COUNCIL ASSIGNMENTS REPORTS
Mayor and City Council reported on their recent participation in various activities.
MOTION:
RX/PP to amend workplan under policy area for healthy community to introduce an order banning sale of non-disposable wipes to display "do not flush"; EPA no
EPA attended BFLSC mtg
AC thanked for success of first hybrid meeting
PP attended BFLSC mtg, CCMC meeting; swearing in ceremony AP appreciation for work on staff work for keeping residents safe MR clarified motion 7/1/22 bill - bring forward new ordinance enforcing the new State law. (a) Mayor Abel Pineda
(b) Vice Mayor Patricia Ponce
January 17, 2023City Council Meeting Minutes - Final
(c) Councilmember Arturo Cruz
(d) Councilmember Elizabeth Pabon-Alvarado
(e) Councilmember Rita Xavier
ADJOURNMENT
6:41pm adjourned in memory of ______________________.
Note
Note
Start: 6:00pm
Public announcement video played.