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, August 7, 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
The agenda will be posted at the remote location, and the teleconference location will be accessible to the public.
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.
August 7, 2023City Council Meeting Agenda
• 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) • 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-020 823, 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.
CALL TO ORDER
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
August 7, 2023City Council Meeting Agenda
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
NEGOTIATING PARTIES: San Pablo Lytton Casino
UNDER NEGOTIATION: Price and Terms of Payment for Disposition of Property
23-3291.
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Gov’t Code Section 54956.8:
PROPERTY: 2001 RUMRILL BOULEVARD, SAN PABLO CA94806
AGENCY NEGOTIATORS: Matt Rodriguez, Charles Ching
NEGOTIATING PARTIES: CHEVRON U.S.A., INC.
UNDER NEGOTIATION: Price and Terms of Payment for Purchase of Property
23-3302.
* * * END OF CLOSED SESSION * * *
Reconvene to Regular Session
PLEDGE OF ALLEGIANCE
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 TO CITY COUNCIL REGARDING THE SAN PABLO
SUMMER 2023 INTERNSHIP PROGRAM
23-1673.
Recommendation: For Informational Purposes Only
CITY MANAGER REMARKS
August 7, 2023City Council Meeting Agenda
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 JULY 17,
2023
CEQA: This is not a project as defined by CEQA.
23-3314.
Recommendation: Approve by Minute Order
PERIODIC REPORTS
TREASURER’S REPORT FOR THE QUARTER ENDED JUNE 30, 2023
CEQA: This is not a project subject to CEQA.
23-2055.
Recommendation: Receive and file the Treasurer's Report for the quarter ended June 30, 2023.
CONSIDER APPROVING VENDOR CHECK REGISTER REPORT FOR
THE MONTH OF JULY 2023
CEQA: This is not a project as defined by CEQA.
23-2856.
Recommendation: Approve by Minute Order
LIABILITY CLAIMS
CONSIDER DENYING EMPLOYMENT LIABILITY CLAIM OF CARI
MCCORMICK (DOL 6/1/23)
CEQA: This is not a project as defined by CEQA.
23-3227.
Recommendation: Deny the claim per the recommendation of the Employment Risk Management Authority (ERMA), the City's joint employment risk pool.
PROCLAMATIONS
CITY COUNCIL AUTHORIZATION
August 7, 2023City Council Meeting Agenda
CONSIDER AUTHORIZATION TO RATIFY A THANK YOU LETTER
TRANSMITTED ON JULY 13, 2023 FROM SAN PABLO MAYOR ABEL
PINEDA, ON BEHALF OF THE SAN PABLO CITY COUNCIL, TO THE CITY’S STATE ASSEMBLYMEMBER BUFFY WICKS (D-14TH
DISTRICT) REGARDING A ONE-TIME $3MILLION STATE BUDGET
APPROPRIATION TO FUND THE CONSTRUCTION OF THE SAN
PABLO AREA FOR RECREATION AND COMMUNITY (SPARC)
PROJECT, LOCATED AT 2600 MORAGA ROAD IN SAN PABLO
CEQA: This is not a project as defined by CEQA.
23-3138.
Recommendation: Approve by Minute Order
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY
MANAGER (1) TO SUBMIT APPLICATIONS ANNUALLY FOR
CALRECYCLE’S PAYMENT PROGRAMS; (2) TO ACCEPT GRANT
FUNDING, IF AWARDED, INTO NPDES STATE GRANT REVENUES
ACCOUNT TO FUND STAFF TIME SPENT ON ENGAGEMENT IN
RECYCLING AND LITER CLEANUP ACTIVITIES REALTED TO THE
GRANT FUNDING; AND (3) TO EXECUTE ALL DOCUMENTS WITH
CALRECYCLE NECESSARY FOR AWARD OF THESE PAYMENT
PROGRAMS
CEQA: This item is not a project as defined by CEQA.
23-2839.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION APPROVING “SAN PABLO
SHINES/ SAN PABLO BRILLA” AS THE OLD TOWN BEAUTIFICATION
OUTREACH CAMPAIGN NAME
CEQA: This item is not a project as defined by CEQA.
23-30510.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING AN EVENT
SPONSORSHIP IN THE AMOUNT OF $2,500 FOR THE 2023 WEST
COUNTY SALESIAN YOUTH CLUB CHARITY GOLF TOURNAMENT
FUNDRAISER ON MONDAY, SEPTEMBER 18, 2023
CEQA: This is not a project as defined by CEQA.
23-30911.
Recommendation: Adopt Resolution
August 7, 2023City Council Meeting Agenda
CONSIDER ADOPTING A RESOLUTION ESTABLISHING A PILOT
SCHOLARSHIP PROGRAM AND AUTHORIZING THE CITY MANAGER
TO ISSUE SCHOLARSHIPS TO ELIGIBLE SAN PABLO RESIDENTS,
FOR A TOTAL FUNDING AMOUNT NOT TO EXCEED $300,000 OVER 3 FISCAL YEARS.
CEQA: This item is not a project as defined by CEQA.
23-31412.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING AN EVENT
SPONSORSHIP OF $5,000 FOR THE 20TH ANNUAL LYTTON CASINO
GOLF TOURNAMENT AND FUNDRAISER TO BENEFIT LIFELONG
MEDICAL CARE ON MONDAY, SEPTEMBER 11, 2023
CEQA: This is not a project as defined by CEQA
23-31113.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING A MAPLE HALL
RENTAL FEE WAIVER IN THE AMOUNT OF $815 FOR THE SAN
PABLO COWBOYS YOUTH ASSOCIATION (SPCYA) FOR ITS
FUNDRAISING EVENT ON SUNDAY, SEPTEMBER 10, 2023
CEQA: This is not a project as defined by CEQA.
23-31214.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE MODIFIED TERMS OF
EMPLOYMENT FOR THE PERIOD JULY 1, 2022 TO JUNE 30, 2027
FOR THE CONFIDENTIAL EMPLOYEES GROUP RATIFYING THE
CURRENT PRACTICE OF PROVIDING ADMINISTRATIVE LEAVE TO
FLSA-EXEMPT POSITIONS AND UPDATE THE LIST OF
CLASSIFICATIONS TO REFLECT CHANGES PREVIOUSLY
APPROVED BY COUNCIL.
CEQA: This is not a project as defined by CEQA.
23-31915.
Recommendation: Adopt Resolution
August 7, 2023City Council Meeting Agenda
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY
MANAGER TO SELL PUBLIC WORKS EQUIPMENT NO.621 (1991 GMC ASPHALT PATCH TRUCK) AND NO.640 (JOHN DEERE DIESEL
MOWER) AS SURPLUS PROPERTY AT PUBLIC AUCTION PURSUANT
TO SAN PABLO MUNICIPAL CODE SECTION 3.16.120, WITH
REVENUE FUNDS RECEIVED TO BE CREDITED TO THE FISCAL
YEAR 2023-24 PROPERTY MAINTENANCE EQUIPMENT
REPLACEMENT OPERATING BUDGET (ACCOUNT
NO.100-3410-46300)
CEQA: This item is not a project as defined by CEQA.
23-32116.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING AN EVENT
SPONSORSHIP IN THE AMOUNT OF $1,000 FOR THE SAN PABLO
POLICE EMPLOYEES’ ASSOCIATION’S THIRD ANNUAL SIERRA TWO GOLF CHARITY ON FRIDAY, SEPTEMBER 22, 2023
CEQA: This is not a project as defined by CEQA.
23-32517.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION INCREASING THE TOTAL
AUTHORIZATION FOR THE CONTRACT WITH GHILLOTI BROTHERS,
INC. FOR CONSTRUCTION OF THE RUMRILL BOULEVARD
COMPLETE STREETS PROJECT BY $2,426,397, FOR A TOTAL
AUTHORIZATION NOT TO EXCEED $19,550,800.
CEQA: The Rumrill Boulevard Complete Streets Project is categorically exempt under the California Environmental Quality Act (CEQA), Section 15301, Existing Facilities (Class 1) of the CEQA Regulations. Moreover, since the project is also receiving federal funding, the project was also determined to be categorically exempt under the National Environmental Policy Act (NEPA), Section 23 CFR 771.117 (c)(3).
23-32618.
Recommendation: Adopt Resolution
August 7, 2023City Council Meeting Agenda
CONSIDER ADOPTING RESOLUTION (1) APPROVING AND ADOPTING THE PLANS AND SPECIFICATIONS FOR 2600 MORAGA ROAD
ABATEMENT AND DEMOLITION PROJECT (0501) (“PROJECT”); (2) REJECTING A BID BY FERMA CORPORATION; (3) REJECTING A BID PROTEST BY RESOURCE ENVIRONMENTAL, INC.; (4) AWARDING
PROFESSIONAL ASBESTOS REMOVAL COMPANY OF FRESNO, CA
DBA PARC ENVIRONMENTAL (PARC) THE CONTRACT FOR THE
PROJECT; (5) AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH PARC IN AN AMOUNT NOT TO EXCEED
$1,042,635, WITH AN APPROXIMATE 15% CONTINGENCY, FOR A
TOTAL AUTHORIZATION NOT TO EXCEED $1,199,035; AND (6)
APPROPRIATING $1,199,035 FROM FY 2023-24 GFDR FUND
BALANCE/CITY FACILITY MAINTENANCE AND ONE-TIME
IMPROVEMENTS TO THE PROJECT BUDGET
CEQA: This demolition project is part of the proposed 2600 Moraga Road Park Renovation Project. CEQA review was completed in 2021 and it was determined to be categorically exempt in accordance with Sections 15301(Class 1, Existing Facilities) and 15332 (In-Fill Development Project) of the CEQA guidelines, on the basis that this project involves minor alterations to land. A Notice of Exemption was filed with the County on March 18, 2021.
23-32019.
Recommendation: Adopt Resolution
CONSIDER SECOND READING TO ADOPT AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN PABLO 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). 23-31520.
Recommendation: Waive second reading; adopt Ordinance
August 7, 2023City Council Meeting Agenda
CONSIDER SECOND READING TO ADOPT AN 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 FOR
COORDINATION 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
CEQA: 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. 23-31621.
Recommendation: Waive second reading; adopt Ordinance
* * * END OF CONSENT CALENDAR * * *
PUBLIC HEARINGS
ORDINANCES
CITY COUNCIL DISCUSSION/CONSIDERATION
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
SUPPLEMENTAL MATERIALS (IF ANY)
August 7, 2023City Council Meeting Agenda
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
23-27323.
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 Authority (Alternative); West Contra Costa Transportation Advisory Committee (Alternate); Standing Committees: Community Services
Ad-Hoc Subcommittees: Casino San Pablo /Lytton Tribe; Smart 5G Policy Projects; Solid Waste & Recycling Agreements, Programs and Services
(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
(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: Smart 5G Policy Projects
(d) Councilmember Elizabeth Pabon-Alvarado
Memberships: MCE Clean Energy Board of Directors (Alternate) Standing Committees: Budget, Fiscal & Legislative; Public Safety Ad-Hoc Subcommittees:
(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 (Primary); West Contra Costa Transportation Advisory Committee (Primary)
Standing Committees: Public Safety; Public Health
Ad-Hoc Subcommittees: Solid Waste & Recycling Agreements, Programs and Services
August 7, 2023City Council Meeting Agenda
ADJOURNMENT
Adjourn to Tuesday, September 5, 2023 at 6:00 pm.