City Council
City of San Pablo
Meeting Agenda - Final
Council Chambers
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
Council Chambers6:00 PMMonday, March 20, 2023
CLOSED SESSION BEGINS AT 5:00 PM
Teleconference Location for Mayor Abel Pineda
Pursuant to Government Code Section 54953(b)
1000 Gateway Avenue, Council Office
San Pablo, CA 94806
Members of the public have the option to participate in this meeting in -person at the locations above or virtually using any of the options set forth below. To participate through the online webinar, please use this link:
https://tinyurl.com/SPCC032023
Webinar ID: 829 7059 3325
To participate telephonically, please call any of the following numbers: 669 900 6833; 346 248 7799; 253 215 8782; 929 205 6099; 301 715 8592; 312 626 6799; International numbers available: https://us02web.zoom.us/u/kcnCpU8V5Y.
The public can also view the meeting during livestream online at https://sanpablo.legistar.com/Calendar.aspx.
Speakers wishing to address the Council in -person on a specific agenda item should submit a form available at the podium to the City Clerk identifying the agenda item. The Mayor will invite you to speak at the appropriate time when the matter is being considered. If you are attending in -person, we ask that all cell phones be turned off or silenced during the meeting.
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.
March 20, 2023City Council Meeting Agenda - Final
Written public comments may also be submitted via EMAIL to [email protected] and each email must contain in the subject line "PUBLIC COMMENTS NOT ON THE AGENDA" [ or] "PUBLIC COMMENTS AGENDA ITEM #__ ”.
Written comments received by 12:00 noon on the day of the meeting will be provided in advance to the City Council and posted online with the agenda materials. During the meeting, the public may provide written public comments via email to [email protected]. All written comments received after noon the day of the meeting will be read into the record before Council consideration of the item and will be limited to the same time allowed for other public comments. Comments that do not conform to the City Council's rules of decorum may be summarized rather than read verbatim. All written 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 .
Submitted comments posted with the supplemental agenda materials will not include personal information.
Persons addressing the Council must limit their remarks to three (3) minutes unless an extension or decrease of time is set. As allowed by the Brown Act, the Mayor may limit the total time for public comments to facilitate the completion of business on the agenda.
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. _______________________________________________________________ In accordance with the Americans with Disabilities Act and Brown Act, individuals with disabilities requiring reasonable accommodations, including auxiliary aids or services, in order to participate in the meeting should submit a completed Meeting Accommodation Request Form by email to CityClerk@SanPabloCA .gov, with “Accommodation Request” listed in the subject line of the email. Alternatively, completed Meeting Accommodation Request Forms may be submitted to the City Clerk's Office at City Hall, 1000 Gateway Avenue, San Pablo, CA 94806. Meeting accommodation requests should be submitted as soon possible and must be received by the City no later than 10:00 am on the day of the meeting for which accommodations are requested. Meeting Accommodation Request Forms may be found at https://www.sanpabloca.gov/DocumentCenter/View/15988/FRM-Meeting-Accommodatio n-Request-Form-FINAL-020823, or requested by email to CityClerk@SanPabloCA .gov, or by phone at (510) 215-3000.
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March 20, 2023City Council Meeting Agenda - Final
ROLL CALL
CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCILMEMBER TO
PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449 (GOVERNMENT CODE SECTION 54953(F)).
Members of the public may address the Council concerning the Closed Session matters on tonight's agenda before consideration of the item. Please file your name and address with the City Clerk on forms provided at the speaker's podium.
CLOSED SESSION
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Gov’t Code Section 54956.8:
PROPERTY: APN 417-190-023
AGENCY NEGOTIATORS: Matt Rodriguez, Charles Ching, Nicole Murphy as special legal counsel
NEGOTIATING PARTIES: San Pablo Lytton Casino
UNDER NEGOTIATION: Price and Terms of Payment for Disposition of Property
#23-1041.
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Gov’t Code Section 54956.8:
PROPERTY: 13831 San Pablo Avenue, San Pablo, CA 94806 (a portion of the former City Hall site located generally at the intersection of San Pablo Avenue and Church Lane)
AGENCY NEGOTIATORS: Matt Rodriguez, Charles Ching, Elizabeth Lopez, Nicole Murphy as Special Legal Counsel
NEGOTIATING PARTIES: Danco Communities
UNDER NEGOTIATION: Price and Terms of Payment for Disposition of Property
#23-0032.
* * * END OF CLOSED SESSION * * *
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.
REPORT ON CLOSED SESSION
March 20, 2023City Council Meeting Agenda - Final
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.
PRESENTATIONS
WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT UPDATE TO THE CITY COUNCIL BY SUPERINTENDENT DR. CHRIS HURST.
#23-0163.
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
CONSIDER APPROVING MINUTES OF THE MEETING OF MARCH 6,
2023.
CEQA: This is not a project as defined by CEQA.
#23-1014.
Recommendation: Approve by Minute Order
PERIODIC REPORTS
CONSIDER APPROVING VENDOR CHECK REGISTER REPORT FOR
THE MONTH OF FEBRUARY 2023.
CEQA: This is not a project as defined by CEQA.
#23-1185.
Recommendation: Approve by Minute Order
LIABILITY CLAIMS
CONSIDER DENYING LIABILITY CLAIM OF ISABEL TORRES (DOL
01/15/23).
CEQA: This is not a project as defined by CEQA.
#23-0916.
Recommendation: Deny the claim per the recommendation of the Municipal Pooling Authority (MPA), the City's joint risk pool.
March 20, 2023City Council Meeting Agenda - Final
MISCELLANEOUS
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONSULTING SERVICES AGREEMENT
WITH TOWNSEND PUBLIC AFFAIRS, INC. FOR THREE YEARS
(FISCAL YEARS 2023-2026) FOR LEGISLATIVE AND PUBLIC
FUNDING ADVOCACY SERVICES, FOR A TOTAL COMPENSATION
OVER THE THREE YEARS NOT TO EXCEED $207,000.
ceqa: This agreement is not a project as defined by CEQA. #23-0937.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONSULTING SERVICES AGREEMENT
WITH JAMES S. PARROTT FOR THREE YEARS (FISCAL YEARS
2023-2026) FOR EMS AND FIRE CONSULTING SERVICES, FOR A
TOTAL AMOUNT OVER THE THREE-YEAR AGREEMENT NOT TO
EXCEED $54,000.
CEQA: This is not a project as defined by CEQA.
#23-0948.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION TO AMEND THE PURCHASING
POLICY ADOPTED BY COUNCIL ON MARCH 5, 2018 TO: 1) ELIMINATE
CERTAIN POLICIES AND PROCEDURES RELATED TO CREDIT
CARDS, AND INSTEAD, DIRECT THE CITY MANAGER TO CONTINUE
TO ESTABLISH, MAINTAIN AND MODIFY ADMINISTRATIVE POLICIES AND PROCEDURES ON CREDIT CARD ISSUANCE AND USE; AND 2)
INCORPORATE UPDATED FEDERAL CONTRACT PROVISIONS AND
MAKE OTHER UPDATES
CEQA: This is not a project as defined by CEQA.
#23-0449.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY
MANAGER TO (1) PURCHASE ONE (1) 2023 FORD LIGHTNING EV
PICKUP TRUCK FROM NATIONAL AUTO FLEET GROUP IN
WATSONVILLE, CALIFORNIA, IN AN AMOUNT NOT TO EXCEED
$62,246.85; AND (2) WAIVING THE COMPETITIVE BIDDING
REQUIREMENTS FOR THE PURCHASE PURSUANT TO THE SAN
PABLO MUNICIPAL CODE SECTION 3.16.110(E).
CEQA: this is not a project as defined by CEQA.
#23-10710.
Recommendation: Adopt Resolution
March 20, 2023City Council Meeting Agenda - Final
CONSIDER ADOPTING RESOLUTION APPROVING AND AUTHORIZING
THE EXECUTION OF AN AMENDED AND RESTATED DISPOSITION
AND DEVELOPMENT AGREEMENT WITH DANCO COMMUNITIES
AND SAN PABLO CHURCH LANE LP FOR THE SALE AND
DEVELOPMENT OF A PORTION OF FORMER SAN PABLO CITY HALL
LOCATED AT 13831 SAN PABLO AVENUE, SAN PABLO, CALIFORNIA CEQA: The former City Hall property was the subject of a Historic Resources Assessment Report
(www.sanpabloca.gov/DocumentCenter/View/13643/Old-City-Hall-- -Historic-Report
<http://www.sanpabloca.gov/DocumentCenter/View/13643/Old-City-Hall-- -Historic-Report> ) and a Mitigated Negative Declaration (Attachment No. 4) prepared in connection with the approval of the Specific Plan Amendment/General Plan Amendment that designated the property as SP2-Mixed Use Center City Hall Site on February 20, 2018. As part of that approval, mitigation measures were adopted that must be complied with as part of the development of the proposed project. Those mitigation measures have been incorporated as part of the proposed agreement with the developer. There has been no change in circumstances that would warrant further environmental review at this time. Further, the Project meets the criteria established for the affordable housing exemption set forth in Section 15194 of the Guidelines for Implementation of the California Environmental Quality Act (the “CEQA Guidelines”). #23-00211.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AMENDING THE CITY’S
CLASSIFICATION PLAN FOR FY 2022-23 BY (1) CREATING A NEW
DIVISION MANAGER CLASSIFICATION OF ENVIRONMENTAL
PROGRAMS MANAGER AND ADDING ONE FULL-TIME POSITION; (2) ADDING ONE FULL-TIME ENGINEERING AIDE POSITION; (3)
REALLOCATING THE EXECUTIVE ASSISTANT TO THE CITY
MANAGER TO A MANAGEMENT ANALYST; AND (4) CREATING A
NEW CLASSIFICATION OF PARALEGAL II AND RECLASSIFYING THE
CURRENT PARALEGAL I
CEQA: This is not a project as defined by CEQA.
#23-09912.
Recommendation: Adopt Resolution
March 20, 2023City Council Meeting Agenda - Final
CONSIDER ADOPTING RESOLUTION DIRECTING PREPARATION OF
THE ENGINEER’S FOR THE LEVY OF ANNUAL ASSESSMENTS FOR
FISCAL YEAR 2023/24 FOR SAN PABLO STREET LIGHTING AND
LANDSCAPE ASSESSMENT DISTRICT NO. 1982-1.
CEQA: This is not a project as defined by CEQA
#23-10813.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY
MANAGER TO CERTIFY THE CALENDAR YEARS 2020 AND 2021
GROWTH MANAGEMENT PROGRAM COMPLIANCE CHECKLIST
REQUIRED BY THE CONTRA COSTA TRANSPORTATION AUTHORITY.
CEQA: This is not a project as defined by CEQA and will not result in direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
#23-10614.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION (1) ACCEPTING AN EASEMENT
FROM WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT AT THE
LAKE ELEMENTARY SCHOOL FOR ACCESS TO AND MAINTENANCE
OF THE CITY’S STORMWATER DRAIN LINE, AND (2) AUTHORIZING THE CITY MANAGER TO EXECUTE the EASEMENT and TAKE SUCH
OTHER ACTIONS NECESSARY FINALIZE the easement.
CEQA: This is not a project as defined by CEQA.
#23-11115.
Recommendation: Approve by Minute Order
CONSIDER AUTHORIZATION TO RATIFY A LETTER TRANSMITTED ON MARCH 1, 2023 FROM SAN PABLO MAYOR PINEDA, ON BEHALF OF THE SAN PABLO CITY COUNCIL, TO THE CITY’S FEDERAL
REPRESENTATIVES (U.S. SENATORS DIANNE FEINSTEIN AND ALEX PADILLA, AND U.S. REPRESENTATIVE JOHN GARAMENDI (D-8TH) REGARDING 2023-24 FEDERAL BUDGET ONE-TIME CAPITAL
FUNDING EARMARKS FOR SAN PABLO CAPITAL PROJECTS UNDER
CONSIDERATION.
CEQA: This is not a project as defined by CEQA as a budget or financing mechanism pursuant to 14 Cal. Code of Regulations section 15378(b). #23-10316.
Recommendation: Approve by Minute Order
March 20, 2023City Council Meeting Agenda - Final
CONSIDER AUTHORIZATION TO RATIFY A LETTER TRANSMITTED ON MARCH 7, 2023 FROM SAN PABLO MAYOR PINEDA, ON BEHALF OF THE SAN PABLO CITY COUNCIL, TO THE CITY’S STATE
REPRESENTATIVES (STATE SENATOR NANCY SKINNER, 9TH
DISTRICT AND STATE ASSEMBLYMEMBER BUFFY WICKS, 14TH
DISTRICT) REGARDING 2023-24 STATE BUDGET ONE-TIME CAPITAL
FUNDING EARMARKS FOR SAN PABLO CAPITAL PROJECTS UNDER
CONSIDERATION.
CEQA: This is not a project as defined by CEQA as a budget or financing mechanism pursuant to 14 Cal. Code of Regulations section 15378(b). #23-10517.
Recommendation: Approve by Minute Order
* * * END OF CONSENT CALENDAR * * *
PUBLIC HEARINGS
PUBLIC HEARING AND CONSIDER ADOPTING RESOLUTION
AUTHORIZING THE SUBMITTAL OF THE CITY OF SAN PABLO
HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR
YEAR 2022 TO THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT AND THE GOVERNOR’S OFFICE OF
PLANNING AND RESEARCH.
#23-09618.
Recommendation: Conduct public hearing; adopt Resolution
PUBLIC HEARING AND CONSIDER ADOPTING RESOLUTION
AUTHORIZING THE SUBMITTAL OF THE CITY OF SAN PABLO
GENERAL PLAN ANNUAL PROGRESS REPORT FOR CALENDAR
YEAR 2022 TO THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT AND The GOVERNOR’S OFFICE OF
PLANNING AND RESEARCH.
CEQA: Governor’s Office of Planning and Research (OPR) reporting requirements do not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
#23-09719.
Recommendation: Conduct public hearing; adopt Resolution * * * END OF PUBLIC HEARINGS * * *
March 20, 2023City Council Meeting Agenda - Final
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.
#23-10220.
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 County Mayors & Supervisors Association (Primary); West County Integrated Waste Management /RecycleMore JAP (Primary); West Contra Costa Transportation Advisory Committee (Alternate);
Standing Committees: Community Services
Ad-Hoc Subcommittees: Casino San Pablo /Lytton Tribe; Smart 5G Policy Projects; City's 75th Anniversary Celebration
(b) Vice Mayor Patricia Ponce
Memberships: Contra Costa Mayors' Conference (Alternate); West Contra Costa Mayors & Supervisors Association (Alternate); League of California Cities East Bay League Division (Alternate); MACE 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); Standing Committees: Budget, Fiscal & Legislative; Economic Development, Housing & Project Management Ad-Hoc Subcommittees: Casino San Pablo /Lytton Tribe; San Pablo 75th Anniversary Celebration; City Attorney Employment Agreement
(c) Councilmember Arturo Cruz
Memberships: Association of Bay Area Governments (Alternate); San Pablo Community Grant Foundation Board (Member)
Standing Committees: Budget, Fiscal & Legislative; Public Safety Ad-Hoc Subcommittees: City Attorney Employment Agreement (d) Councilmember Elizabeth Pabon-Alvarado
Memberships: MACE Clean Energy Board of Directors (Alternate) Standing Committees: Budget, Fiscal & Legislative; Public Safety Ad-Hoc Subcommittees: City Attorney Employment Agreement
March 20, 2023City Council Meeting Agenda - Final
(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 County Integrated Waste Management/RecycleMore JAP Authority (Alternate); West Contra Costa Transportation Advisory Committee (Primary)
Standing Committees: Public Safety; Public Health
Ad-Hoc Subcommittees: None
ADJOURNMENT
Adjourn to Monday, April 3, 2023, at 6:00 pm, in memory of Frank Quattro, owner of Moler Barber College.