City Council
City of San Pablo
Meeting Agenda
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
City Council Chambers
Access the meeting remotely by using this URL
https://us02web.zoom.us/j/83708212256
6:00 PMMonday, July 17, 2023
CLOSED SESSION BEGINS AT 5:00 PM
NOTICE:
Members of the public may attend the meeting in any following ways:
• In-person at the Council Chambers at 1000 Gateway Ave, San Pablo, CA (as well as any additional in -person location that may be listed above);
• By Zoom by visiting https://us02web.zoom.us/j/83708212256; or • By phone at 1-669-444-9171 or 1-669-900-6833 (San Jose); and entering Webinar ID: 837 0821 2256. • The public can also view the meeting during livestream online at https://sanpablo.legistar.com/Calendar.aspx If you are attending in-person, we ask that all cell phones be turned off or silenced during the meeting.
PUBLIC COMMENT:
At each meeting, the public has the opportunity to address the City Council on items appearing on the agenda and, for items not appearing on the agenda but within the purview of the City Council, during ORAL COMMUNICATIONS. 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. • IN-PERSON PUBLIC COMMENT:
Any person wishing to make such address Council should first complete and deliver a "Speaker Form" available at the speaker's podium and submit it 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. • REMOTE PUBLIC COMMENT:
Members of the public participating remotely may provide public comment during the meeting in the following ways:
• Web: https://us02web.zoom.us/j/83708212256 (Participate via Zoom and “raise hand” by selecting the virtual hand icon in the Zoom platform when the item is called. City staff will activate the speaker ’s microphone when the speaker ’s name is called. The speaker will need to unmute themselves. Council will not consider comments made in the chat function of the Zoom platform.)
• Telephone: Dial Or by phone 1-669-444-9171 or 1-669-900-6833 (San Jose), Enter Webinar ID: 837 0821 2256 (press *9 to raise/lower hand; press *6 to mute/unmute)
July 17, 2023City Council Meeting Agenda
• WRITTEN PUBLIC COMMENT:
Public comments may also be submitted 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 No.__”. 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 CityClerk@SanPabloCA .gov. 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.
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.
AGENDA MATERIALS
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 AMERICANS WITH DISABILITIES ACT:
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 Request Forms may be found at
https://www.sanpabloca.gov/DocumentCenter/View/15988/FRM-Meeting-Accommodation-Request-Form-FINAL - 020823, or requested by email to [email protected], or by phone at (510) 215-3000.
Meeting accommodation requests should be submitted to the City as soon possible. The City will attempt to resolve before the meeting begins all accommodation requests received by 10 a.m. on the day of the meeting.
ROLL CALL
REMOTE PARTICIPATION UNDER AB 2449
Consider and take action on any request from a Councilmember to participate in a meting remotely due to Just Cause or Emergency Circumstances pursuant to AB 2449 (Government Code Section 54953(f)).
CLOSED SESSION
CLOSED SESSION
Pursuant to Gov’t Code section 54957:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
23-2631.
* * * END OF CLOSED SESSION * * *
Reconvene to Regular Session
PLEDGE OF ALLEGIANCE
July 17, 2023City Council Meeting Agenda
PUBLIC ANNOUNCEMENT
ROLL CALL
REPORT ON CLOSED SESSION
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. 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
PRESENTATIONS
PRESENTATION OF PROCLAMATION TO COMMEMORATE THE
SUCCESS OF THE 2023 CINCO DE MAYO PEACE & UNITY PARADE
EVENT ON MAY 6, 2023; AND TO ACKNOWLEDGE THE EFFORTS
OF THE CO-CHAIRS AND CINCO DE MAYO EVENT COMMITTEE
MEMBERS TO BE PRESENTED AT THE JULY 17, 2023 CITY
COUNCIL MEETING
CEQA: This is not a project as defined by CEQA.
23-2942.
Recommendation: Present Proclamation
PRESENTATION OF PROCLAMATION RECOGNIZING TUESDAY,
AUGUST 1, 2023 AS NATIONAL NIGHT OUT IN THE CITY OF SAN PABLO
CEQA: This is not a project as defined by CEQA.
23-2913.
Recommendation: Present Proclamation
PRESENTATION ON CALTRANS BAY AREA SUMMER 2023 PAVING
PROJECT FOR INTERSTATE 80
CEQA: This is not a project as defined by CEQA.
23-2934.
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.
July 17, 2023City Council Meeting Agenda
MINUTES
CONSIDER APPROVING MINUTES OF THE MEETING OF JUNE 20,
2023
CEQA: This is not a project as defined by CEQA.
23-2715.
Recommendation: Approve by Minute Order
PERIODIC REPORTS
CONSIDER APPROVING VENDOR CHECK REGISTER REPORT FOR
THE MONTH OF JUNE 2023
CEQA: This is not a project as defined by CEQA.
23-2846.
Recommendation: Approve by Minute Order
LIABILITY CLAIMS
CONSIDER DENYING LIABILITY CLAIMS OF: 1) LAURA ORDAZ (DOL 5/19/23); 2) FRANK MENDOZA (DOL 4/19/23); AND 3) AMERICAN
FAMILY CONNECT PROPERTY AND CASUALTY INSURANCE
COMPANY AS SUBROGEE FOR MARGIE GALINDO (DOL 1/9/23)
CEQA: This is not a project as defined by CEQA.
23-2777.
Recommendation: Deny the claims per the recommendation of the Municipal Pooling Authority (MPA), the City's joint risk pool.
BOARDS AND COMMISSIONS
CONSIDER ADOPTING RESOLUTION REAPPOINTING MS.
GENOVEVA CALLOWAY TO THE SAN PABLO MEASURE S AND
MEASURE K CITIZENS OVERSIGHT COMMITTEE FOR TERM JULY
17, 2023 TO JULY 16, 2027 AND DIRECTING STAFF TO POST A
NOTICE TO FILL THE TWO REMAINING VACANCIES
CEQA: This is not a project as defined by CEQA.
23-3048.
Recommendation: Adopt resolution reappointing Ms. Genoveva Calloway to a new four-year term and directing staff to post Notice of Vacancy for two remaining vacancies
CITY COUNCIL AUTHORIZATION
CONSIDER ADOPTING RESOLUTION APPROVING THE CITY’S
CLASSIFICATION AND COMPENSATION PLAN AND
ORGANIZATIONAL CHART FOR FISCAL YEAR 2023/24
CEQA: This is not a project as defined by CEQA.
23-2519.
Recommendation: Adopt Resolution
July 17, 2023City Council Meeting Agenda
CONSIDER ADOPTING RESOLUTION TO AUTHORIZE THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH BAY AREA
COMMUNITY RESOURCES FOR THE BEACON COMMUNITY
SCHOOL INITIATIVE PROGRAMS AT SIX SAN PABLO COMMUNITY
SCHOOLS AND VIOLENCE PREVENTION AND INTERVENTION
PROGRAM AT RICHMOND HIGH SCHOOL, FOR A TOTAL AMOUNT
NOT TO EXCEED $785,000 FOR FISCAL YEAR 2023/24, INCLUDING $118,000 IN ANTICIPATED MATCHING FUNDING FROM WEST
CONTRA COSTA COUNTY SCHOOL DISTRICT.
CEQA: This is not a project as defined by CEQA.
23-20910.
Recommendation: Adopt Resolution
CONSIDER RESOLUTION AUTHORIZING THE CITY MANAGER TO
(1) EXECUTE A THREE-YEAR AGREEMENT WITH NIGHTINGALE
SECURITY FOR THE PURCHASE OF EQUIPMENT, TRAINING, AND
SOFTWARE FOR EXPANSION OF AN UNMANNED AIRCRAFT
SYSTEM TO SUPPORT DRONE AS A FIRST RESPONDER
PROGRAM AT A TOTAL THREE-YEAR COST NOT TO EXCEED
$644,311, AND (2) UTILIZE FUNDS IN THE AMOUNT OF $306,216
FROM THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES
GRANT REVENUES FUND (210-0000-00000)
CEQA: This is not a project as defined by CEQA.
23-25511.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION IN SUPPORT OF THE
DEVELOPMENT OF AN AB 617 COMMUNITY EMISSIONS
REDUCTION PLAN BY THE AB 617 COMMUNITY STEERING
COMMITTEE AND THE BAY AREA AIR QUALITY MANAGEMENT
DISTRICT
CEQA: Adopting a resolution in support of the creation of a Community Emissions Reduction Plan does 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.
23-25012.
Recommendation: Adopt Resolution
July 17, 2023City Council Meeting Agenda
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A JOINT USE AGREEMENT BETWEEN
THE CITY OF SAN PABLO AND THE WEST CONTRA COSTA
UNIFIED SCHOOL DISTRICT FOR CITY’S USE OF DISTRICT
RECREATIONAL FACILITIES AND THE WEST CONTRA COSTA
UNIFIED SCHOOL DISTRICT’S USE OF CITY FACILITIES
CEQA: This is not a project as defined by CEQA.
23-00113.
Recommendation: Adopt Resolution
CONSIDER RESOLUTION AUTHORIZING THE WAIVER OF FEES
FOR USE OF DAVIS PARK SPORTS FIELDS AND CONCESSION
STAND FOR THE SAN PABLO COWBOYS YOUTH ASSOCIATION
(SPCYA) FOR THE 2023 SUMMER/FALL SEASON
CEQA: This is not a project as defined by CEQA.
23-19414.
Recommendation: Adopt Resolution
CONSIDER RESOLUTION AUTHORIZING THE WAIVER OF FEES
FOR USE OF RUMRILL SPORTS PARK KIOSK, AND A TWO-THIRDS
(2/3) REDUCED FEE AT RUMRILL SPORTS PARK FOR FIELDS 1
AND 2 FOR THE SAN PABLO UNITED YOUTH SOCCER CLUB FOR
THE 2023 SUMMER / FALL SEASON
CEQA: This is not a project as defined by CEQA.
23-19515.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE MAYOR
TO EXECUTE AN AMENDED EMPLOYMENT AGREEMENT WITH
CITY MANAGER MATT RODRIGUEZ EFFECTIVE JULY 17, 2023 TO
CORRECT A CLERICAL ERROR THAT DOES NOT CHANGE
COMPENSATION OR OTHER TERMS OR CONDITIONS OF
EMPLOYMENT
CEQA: This is not a project as defined by CEQA.
23-29516.
Recommendation: Recommend Adoption of Resolution
July 17, 2023City Council Meeting Agenda
CONSIDER ADOPTING RESOLUTION (1) WAIVING COMPETITIVE
BIDDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO THE CONSTRUCTION SERVICES CONTRACT
FOR THE FY 22-23 CITYWIDE SLURRY SEAL PROJECT WITH
DOOLITTLE CONSTRUCTION, LLC (DOOLITTLE) TO ADD CRACK
SEALING SERVICES, INCREASE AUTHORIZATION UNDER THE
aGREEMENT BY $298,326.16, INCLUDING AN ADDITIONAL $10,000
IN CONTINGENCY FUNDS, FOR A NEW TOTAL AUTHORIZATION
UNDER THE CONTRACT AS AMENDED NOT TO EXCEED
$1,151,328.16; AND (2) APPROPRIATING SB1 RMRA FUNDS IN THE AMOUNT OF $298,326.16 TO THE CITYWIDE SLURRY SEAL
PROJECT (0602) FOR THE ADDITIONAL WORK
23-29617.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING A ONE-TIME
$1,500 EVENT SPONSORSHIP FOR HOPE CHURCH’S (WITH WORD
OF LIFE CHURCH OF GOD AS NON-PROFIT, 501C(3)
ORGANIZATION AS FISCAL AGENT) CROSSROADS HOMELESS
OUTREACH EVENT ON SATURDAY, JULY 22, 2023
CEQA: This project is not subject to CEQA.
23-30318.
Recommendation: Adopt Resolution
* * * END OF CONSENT CALENDAR * * *
PUBLIC HEARINGS
CONDUCT PUBLIC HEARING AND CONSIDER INTRODUCING AN
ORDINANCE AMENDING THE SAN PABLO ZONING CODE
CHAPTER 17.54, PARKING AND LOADING, SECTION 17.54.020,
RESIDENTIAL OFF-STREET PARKING REQUIREMENTS,
REGARDING OFF-STREET PARKING REQUIREMENTS FOR FAMILY
DAY CARE HOMES
CEQA: Categorically exempt from the provisions of CEQA, in accordance with CEQA Guidelines Section 15378 (CEQA only applies to “projects”) and Section 15061(b)(3) (no possibility for environment effects).
23-29919.
Recommendation: Conduct public hearing; waive first reading; introduce Ordinance
July 17, 2023City Council Meeting Agenda
CONDUCT PUBLIC HEARING AND CONSIDER (1) WAIVING FIRST
READING AND READ BY TITLE ONLY AND (2) INTRODUCING
ORDINANCE AMENDING CHAPTER 15.28 OF THE SAN PABLO
MUNICIPAL CODE IN ITS ENTIRETY BY REPEALING AND
REPLACING THE CURRENT FLOODPLAIN MANAGEMENT AND
FLOOD DAMAGE PREVENTION ORDINANCE WITH A NEW
CHAPTER 15.28 USING THE CALIFORNIA MODEL CODE FOR
FLOODPLAIN MANAGEMENT FORCOORDINATION WITH THE
CALIFORNIA BUILDING STANDARDS CODE (APPENDIX G, FLOOD
RESISTANT CONSTRUCTION),TO ADOPT FLOOD HAZARD MAPS,
DESIGNATE A FLOODPLAIN ADMINISTRATOR, AND FOR OTHER
PURPOSES; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE; AND DETERMINING THAT ADOPTION OF THE AMENDMENT
IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
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 is to provide minimum standards to safeguard life, limb, health, property, and public welfare of construction and this action has no potential for causing a significant effect on the environment; and further because, pursuant to CEQA Guidelines Section 15308, the action is being taken by a regulatory agency where the process involves procedures for the protection of the environment and that does not have the potential to cause significant effects on the environment.
23-30020.
Recommendation: Conduct public hearing; waive first reading; introduce Ordinance
ORDINANCES
CITY COUNCIL DISCUSSION/CONSIDERATION
CONSIDER ADOPTING RESOLUTION APPROVING AN AMENDED
BENEFITS AND COMPENSATION SCHEDULE FOR CONTRACT
EMPLOYEES TO CORRECT A CLERICAL ERROR RELATED TO THE
ACCRUAL OF SICK LEAVE
CEQA: This is not a project as defined by CEQA
23-29721.
Recommendation: Adopt Resolution
July 17, 2023City Council Meeting Agenda
CONSIDER RESOLUTION APPROVING AMENDMENT NO. 3 TO THE
FY 2023-25 CITY COUNCIL PRIORITY WORKPLAN UNDER MAJOR
POLICY GOAL: ENHANCE COMMUNITY RESILIENCE - EXPLORE
FEASIBILITY OF NEW CITY-SPONSORED CINCO DE MAYO
FESTIVAL EVENT FOR POTENTIAL INCLUSION IN THE NEXT
MULTI-YEAR GENERAL FUND BUDGET CYCLE DURING FY 2024-25
PERIOD
CEQA: This is not a project as defined by CEQA.
23-30622.
Recommendation: Discuss and consider potential adoption of said Resolution
CONSIDER DESIGNATING VOTING DELEGATE AND VOTING
DELEGATE ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES
ANNUAL CONFERENCE BEING HELD IN SACRAMENTO,
CALIFORNIA, ON SEPTEMBER 20-22, 2023
23-27023.
Recommendation: Approve by Minute Order; designate Councilmember Xavier as the Voting Delegate and City Attorney Stricker as the Alternate Voting Delegate
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.
23-27224.
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 JPA (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); 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); 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
July 17, 2023City Council Meeting Agenda
(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: MCE 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 JPA Authority (Alternate); West Contra Costa Transportation Advisory Committee (Primary)
Standing Committees: Public Safety; Public Health
Ad-Hoc Subcommittees: None
ADJOURNMENT
Adjourn to Monday, August 7, 2023 at 6:00 pm.