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, May 1, 2023
Members of the public have the option to participate in this meeting in -person at the location(s) above or virtually using any of the options set forth below. To participate through the online webinar, please use this link:
https://tinyurl.com/SPCC050123
Webinar ID: 868 8232 1440
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/kY5GeQ47i.
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 Hand” option within the online webinar tool, or if participating via phone–press *9.
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.
May 1, 2023City Council Meeting Agenda - Final
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.
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.
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.
______________________________________________________________
PLEDGE OF ALLEGIANCE
PUBLIC ANNOUNCEMENT
May 1, 2023City Council Meeting Agenda - Final
ROLL CALL
REMOTE PARTICIPATION UNDER AB 2449
Consider and take action on any request from a Council Member to participate in a meeting remotely due to the Just Cause or Emergency Circumstances pursuant to AB 2449 (Government Code Section 54953(f)).
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
PRESENTATION OF PROCLAMATION CONGRATULATING EAST BAY
MUNICIPAL UTILITY DISTRICT (EBMUD) FOR ITS 100 YEAR
ANNIVERSARY CELEBRATION.
#23-1741.
Recommendation: For presentation purpose only
CONSIDER APPROVING AND PRESENTING PROCLAMATION
COMMENDING AND CONGRATULATING DEPUTY CITY CLERK LEHNY
M. CORBIN ON THE OCCASION OF HER RETIREMENT.
CEQA: This is not a project as defined by CEQA.
#23-1762.
Recommendation: Approve and present
CONSIDER APPROVING AND PRESENTING PROCLAMATION
COMMENDING AND CONGRATULATING POLICE SERGEANT AARON
B. BLAISDELL ON THE OCCASION OF HIS RETIREMENT.
CEQA: This is not a project as defined by CEQA.
#23-1903.
Recommendation: Approve and present
* * * * END OF PRESENTATIONS * * *
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.
May 1, 2023City Council Meeting Agenda - Final
MINUTES
CONSIDER APPROVING MINUTES OF THE MEETINGS OF APRIL 3,
APRIL 5 AND APRIL 17, 2023.
CEQA: This is not a project as defined by CEQA.
#23-1254.
Recommendation: Approve by Minute Order
PERIODIC REPORTS
TREASURER’S REPORT FOR THE QUARTER ENDED MARCH 31,
2023.
CEQA: This is not a project as defined by CEQA.
#23-1635.
Recommendation: Receive and file
LIABILITY CLAIMS
CONSIDER DENYING LIABILITY CLAIMS OF RAIMI SHOAGA (DOL
12/08/22), CURTIS TURNER (DOL 1/18/23), AND SALVADOR LUIS VALLE (DOL 10/16/22).
CEQA: This is not a project as defined by CEQA.
#23-1646.
Recommendation: Deny the claims per the recommendation of the Municipal Pooling Authority (MPA), the City's joint risk pool.
PROCLAMATIONS
REQUEST FOR ISSUANCE OF PROCLAMATION RECOGNIZING THE
WEEK OF MAY 21-27, 2023 AS NATIONAL PUBLIC WORKS WEEK.
CEQA: This is not a project as defined by CEQA.
#23-1287.
Recommendation: Approve by Minute Order
REQUEST FOR ISSUANCE OF PROCLAMATION RECOGNIZING
MONDAY, MAY 15, 2023 AS PEACE OFFICERS MEMORIAL DAY AND THE WEEK IN WHICH IT FALLS AS NATIONAL POLICE WEEK.
CEQA: This is not a project defined by CEQA.
#23-1488.
Recommendation: Approve by Minute Order
May 1, 2023City Council Meeting Agenda - Final
MISCELLANEOUS
CONSIDER ADOPTING RESOLUTION ADOPTING THE FY 2023-25
COUNCIL PRIORITY WORKPLAN DOCUMENT FOLLOWING CITY
COUNCIL DIRECTION PROVIDED AT THE APRIL 5, 2023 SPECIAL CITY COUNCIL MEETING/PRIORITY-SETTING WORKSHOP.
CEQA: This is not a project as defined by CEQA
#23-1829.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A THREE-YEAR CONSULTANT SERVICES
AGREEMENT WITH R. GIORDANO CONSULTING & INVESTIGATIONS
FOR FISCAL YEARS 2023/24 TO 2025/26 FOR INTERNAL AFFAIRS INVESTIGATIONS WITH AN AMOUNT NOT TO EXCEED $225,000.
CEQA: This agreement is not a project as defined by CEQA. #23-13110.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO THE LEGAL
SERVICES AGREEMENT WITH JARVIS FAY LLP EFFECTIVE JULY 1, 2022 TO INCREASE THE NOT-TO-EXCEED AMOUNT BY ADDING
$140,000, FOR A NOT TO EXCEED AMOUNT OF $90,000 FOR
SERVICES IN FISCAL YEAR 2022-23 AND $100,000 FOR SERVICES IN FISCAL YEAR 2023-24, FOR A NEW TOTAL NOT-TO-EXCEED
AMOUNT OF $190,000 OVER THE TWO FISCAL YEARS.
CEQA: This agreement is not a project as defined by CEQA. #23-15111.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONSULTANT AGREEMENT WITH
SCHAAF & WHEELER FOR THE DESIGN OF A FULL TRASH
CAPTURE DEVICE LOCATED NEAR THE INTERSECTION OF
CHURCH LANE AND WILLOW AVENUE (PROJECT NO. 0304) IN THE AMOUNT OF $131,909 INCLUDING APPROXIMATELY A 15%
CONTINGENCY FOR A TOTAL AUTHORIZATION AMOUNT NOT TO
EXCEED $151,700.
CEQA: An environmental review analysis consistent with California Environmental Quality Act (CEQA) requirements will be prepared for the design and construction plans prior to implementation.
#23-16612.
Recommendation: Adopt Resolution
May 1, 2023City Council Meeting Agenda - Final
CONSIDER ADOPTING RESOLUTION TO (1) RATIFY THE CITY OF SAN PABLO’S GRANT APPLICATION FOR $2,950,000 FROM THE
METROPOLITAN TRANSPORTATION COMMISSION (MTC) REGIONAL
MOBILITY HUB GRANT PROGRAM FOR THE CONTRA COSTA
COLLEGE (CCC) MOBILITY HUB PROJECT; AND (2) AUTHORIZE THE
CITY MANAGER TO ENTER INTO ANY NECESSARY AGREEMENTS
WITH MTC RELATED TO THE GRANT.
CEQA: Adopting a resolution authorizing staff to submit a grant application does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) and (b)(5) in that it relates to fiscal and administrative activities that do not involve any commitment to any specific project which may result in a potentially significant impact on the environment. If awarded, the project would complete a CEQA analysis as part of the project development.
#23-17913.
Recommendation: Adopt Resolution
BOARDS AND COMMISSIONS
CONSIDER ADOPTING RESOLUTION REAPPOINTING CRISTOFER
LEON TO THE CHILDHOOD OBESITY PREVENTION ADVISORY
GROUP FOR TERM MAY 16, 2023 TO MAY 15, 2024.
CEQA: This is not a project as defined by CEQA.
#23-14214.
Recommendation: Adopt Resolution
CONSIDER APPOINTING JOSEPH WONG TO THE SAFETY
COMMISSION FOR A NEW TERM MARCH 11, 2023 TO MARCH 10,
2027, AND APPOINTING CLAYTON MITCHELL TO THE SAFETY
COMMISSION FOR THE TERM MAY 1, 2023 TO APRIL 30, 2027.
CEQA: This is not a project as defined by CEQA.
#23-16515.
Recommendation: Approve by Minute Order
May 1, 2023City Council Meeting Agenda - Final
CITY COUNCIL AUTHORIZATION
CONSIDER RATIFYING A LETTER TRANSMITTED ON APRIL 17, 2023
FROM SAN PABLO MAYOR ABEL PINEDA (SIGNED BY VICE MAYOR
PONCE), ON BEHALF OF THE SAN PABLO CITY COUNCIL, TO U.S.
CONGRESSIONAL REPRESENTATIVE JOHN GARAMENDI (D-8TH)
THANKING HIM FOR HIS FEDERAL FUNDING REQUEST IN THE
AMOUNT OF $3 MILLION IN COMMUNITY PROJECT FUNDING FOR
THE SAN PABLO AVENUE BRIDGE REPLACEMENT AND
RE-ALIGNMENT/COMPLETE STREETS PROJECT.
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). #23-16916.
Recommendation: Approve by Minute Order
CONSIDER AMENDING CITY COUNCIL ASSIGNMENTS (AMENDMENT
#3) TO ESTABLISH FOR CALENDAR YEAR 2023 A NEW,
TEMPORARY AD-HOC SUBCOMMITTEE ON SOLID WASTE &
RECYCLING AGREEMENTS AND PROGRAMS/SERVICES PURSUANT
TO SPMC 2.16.070 REQUIREMENTS.
CEQA: This is not a project as defined by CEQA.
#23-18517.
Recommendation: Approve by Minute Order
* * * * END OF CONSENT CALENDAR * * *
PUBLIC HEARINGS
PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTION
ACCEPTING AND APPROPRIATING $13,854 IN FUNDS TO BE
RECEIVED FROM THE 2022 JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM TO PAY FOR MENTAL HEALTH CRISIS INTERVENTION
TRAINING FOR POLICE DEPARTMENT SWORN STAFF AND JAILERS,
AND FOR NATIONAL INCIDENT-BASED REPORTING SYSTEM
TRAINING FOR POLICE DEPARTMENT PROFESSIONAL RECORDS
STAFF.
CEQA: This is not a project as defined by CEQA.
#23-16118.
Recommendation: Conduct public hearing; adopt Resolution
May 1, 2023City Council Meeting Agenda - Final
CITY COUNCIL DISCUSSION/CONSIDERATION
CONSIDER ADOPTING RESOLUTION AMENDING THE FY 2023-25
CITY COUNCIL PRIORITY WORKPLAN, PROPOSED FOR ADOPTION
UNDER A DIFFERENT AGENDA ITEM THIS EVENING, UNDER MAJOR POLICY GOAL: IMPROVE PUBLIC SAFETY, TO EXPLORE THE
FEASIBILITY OF BANNING OR REGULATING SIDE SHOW EVENTS
WITHIN CITY LIMITS BY ADOPTED ORDINANCE OR OTHER
ALTERNATIVE SOLUTION(S).
CEQA: This is not a project subject to CEQA.
#23-17019.
Recommendation: Discuss and consider potential adoption of said Resolution
CONSIDER REQUEST FROM COUNCILMEMBER RITA XAVIER TO FLY
A COMMEMORATIVE FLAG AT THE CITY HALL FLAG POLE DURING
THE ENTIRE MONTH OF JUNE 2023 RECOGNIZING LESBIAN, GAY,
BI-SEXUAL, TRANSGENDER AND QUESTIONING COMMUNITY
(LGBTQ) PRIDE MONTH.
CEQA: This is not a project as defined by CEQA.
#23-17120.
Recommendation: The City Manager recommends that the City Council formally consider the commemorative flag request from Councilmember Xavier in accordance with the adopted City of San Pablo Policy on Display of Flags requirements adopted via Resolution 2020-061 on May 18, 2020 and take action on that request and/or provide further direction by majority vote via minute order.
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.
#23-18021.
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
May 1, 2023City Council Meeting Agenda - Final
(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 (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, May 15, 2023 at 6:00 pm.