DRAFT Minutes of the Meeting of July 17, 2023 Page 1
DRAFT Minutes of the Regular Meeting of the San Pablo City Council
Monday, July 17, 2023
CALL TO ORDER
The meeting was called to order at 5:03 pm in the Council Chambers.
ROLL CALL
Present 4 Elizabeth Pabon-Alvarado, Rita Xavier, Vice Mayor Patricia Ponce, and Mayor Abel Pineda
Absent 1 Councilmembers Arturo Cruz
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)).
City Attorney Stricker announced that the item is on the agenda as a placeholder that allows members of the Council to participate remotely pursuant to AB 2449. There were no s uch announcements.
CLOSED SESSION
Public Comment was received by and Cordell Hindler
Closed Session Item was continued to the next Closed Meeting.
1. 23-263 CLOSED SESSION
Pursuant to Gov’t Code section 54957:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
Reconvene to Regular Meeting
CALL TO ORDER
The meeting was called to order at 6:01 pm in the Council Chambers.
PLEDGE OF ALLEGIANCE
Mayor Abel Pineda led the Pledge of Allegiance to the Flag.
PUBLIC ANNOUNCEMENT
City Clerk Gantt announced ways in which members of the public may participate in the Council meeting via in-person or remote.
ROLL CALL
Present 4 Elizabeth Pabon-Alvarado, Rita Xavier, Vice Mayor Patricia Ponce, and Mayor Abel Pineda
Absent 1 Councilmembers Arturo Cruz
DRAFT Minutes of the Meeting of July 17, 2023 Page 2
Staff and Elected Officials Present: City Manager, Matt Rodriguez City Attorney, Teresa Stricker
Police Captain Brian Bubar
Human Resources Manager, Alicia Platt
City Clerk, Dorothy Gantt
Assistant City Clerk, Leticia I. Miguel
REPORT ON CLOSED SESSION
City Manager Rodriguez reported on Closed Session.
ORAL COMMUNICATIONS
Public Comment was received by Douglas Krathwohl, Chris Palomo, and Cordell Hindler
CEREMONIAL MATTERS
No items scheduled.
PRESENTATIONS
2. 23-294 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
Presented.
3. 23-291 PRESENTATION OF PROCLAMATION RECOGNIZING TUESDAY, AUGUST 1, 2023 AS NATIONAL NIGHT OUT IN THE CITY OF SAN PABLO
Presented.
4. 23-293 PRESENTATION ON CALTRANS BAY AREA SUMMER 2023 PAVING PROJECT FOR INTERSTATE 80
Presented.
CITY MANAGER REMARKS
City Manager Rodriguez made the following announcements:
• Commented on the successfully continuance of Movies Under the Stars Program at the Community Center, next movie is scheduled for July 28, 2023. • Mentioned the State Budget Package passed on July 10, 2023. The City of San Pablo will be receiving a three-million-dollar state budget earmark for the completion of the recreation community SPARC project.
• Highlighted the awarding of the upcoming seventy-nine recipients being recognized under the Scholarship Award program.
CONSENT CALENDAR
DRAFT Minutes of the Meeting of July 17, 2023 Page 3
Approval of the Consent Calendar
A motion was made by Vice Mayor Ponce, seconded by Councilmember Xavier, to Approve the Consent Calendar. The motion carried by the following vote.
Aye: 4 - Xavier, Pabon-Alvarado, Ponce, Pineda
Nay: 0 -
Absent: 1 - Cruz
MINUTES
5. 23-271 CONSIDER
APPROVING MINUTES OF THE MEETING OF JUNE 20, 2023
Approved as Submitted on the Consent Calendar.
PERIODIC REPORTS
6. 23-284 CONSIDER
APPROVING VENDOR CHECK REGISTER REPORT FOR
THE MONTH OF JUNE 2023
Approved as Submitted on the Consent Calendar.
LIABILITY CLAIMS
7. 23-277 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)
Approved as Submitted on the Consent Calendar.
BOARDS AND COMMISSIONS
8. 23-304 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
Adopted.
Enactment No: RES 2023-107
CITY COUNCIL AUTHORIZATION
9. 23-251 CONSIDER ADOPTING RESOLUTION APPROVING THE CITY’S
CLASSIFICATION AND COMPENSATION PLAN AND ORGANIZATIONAL CHART FOR FISCAL YEAR 2023/24
Adopted.
Enactment No: RES 2023-108
DRAFT Minutes of the Meeting of July 17, 2023 Page 4
10. 23-209 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.
Adopted.
Enactment No: RES 2023-109
11. 23-255 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)
Public Comment was received by and Oscar Soriano.
Adopted.
Enactment No: RES 2023-110
12. 23-250 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
Adopted.
Enactment No: RES 2023-111
13. 23-001 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
Adopted.
Enactment No: RES 2023-112
14. 23-194 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
DRAFT Minutes of the Meeting of July 17, 2023 Page 5
Adopted.
Enactment No: RES 2023-113
15. 23-195 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
Adopted.
Enactment No: RES 2023-114
16. 23-295 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
Adopted.
Enactment No: RES 2023-115
17. 23-296 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
Adopted.
Enactment No: RES 2023-116
18. 23-303 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
Adopted as Amended.
Enactment No: RES 2023-117
PUBLIC HEARINGS
19. 23-299 CONDUCT PUBLIC HEARING AND CONSIDER INTRODUCING AN ORDINANCE AMENDING THE SAN PABLO ZONING CODE CHAPTER 17.54, DRAFT Minutes of the Meeting of July 17, 2023 Page 6
PARKING AND LOADING, SECTION 17.54.020, RESIDENTIAL OFF-STREET
PARKING REQUIREMENTS, REGARDING OFF-STREET PARKING
REQUIREMENTS FOR FAMILY DAY CARE HOMES
Libby Tyler, Community Development Director, Community & Economic Development presented item.
Mayor Pineda opened the public testimony portion of the public hearing. at 7:12 p.m. There was no public comment. The public hearing closed at 7:13 p.m.
A motion was made by Vice Mayor Ponce, seconded by Councilmember Pabon- Alvarado that this Ordinance be Pass to Print. The motion carried by the following vote.
Aye: 4 - Xavier, Pabon-Alvarado, Ponce, Pineda
Nay: 0 -
Absent: 1 - Cruz
Enactment No: ORD 2023-002
20. 23-300 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.
Oscar Davalos, Building Official, Community & Economic Development presented item and responded to questions from Councilmembers.
Mayor Pineda opened the public testimony portion of the public hearing. at 7:25 p.m. Public Comment was received by and Oscar Soriano.
The public hearing closed at 7:27 p.m.
A motion was made by Councilmember Pabon-Alvarado, seconded by Councilmember Xavier that this Ordinance be Pass to Print. The motion carried by the following vote.
Aye: 4 - Xavier, Pabon-Alvarado, Ponce, Pineda
Nay: 0 -
Absent: 1 - Cruz
Enactment No: ORD 2023-003
DRAFT Minutes of the Meeting of July 17, 2023 Page 7
CITY COUNCIL DISCUSSION/CONSIDERATION
21. 23-297 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
Kelly M. Tuffo, Senior Counsel Consultant, LCW Liebert Cassidy Whitmore and Alicia Platt, Human Resources Manager presented item.
No Public Comment was received.
A motion was made by Vice Mayor Ponce, seconded by Councilmember Xavier, that this Resolution be Adopted. The motion carried by the following vote.
Aye: 4 - Xavier, Pabon-Alvarado, Ponce, Pineda
Nay: 0 -
Absent: 1 - Cruz
Adopted as Amended.
Enactment No: RES 2023-118
22. 23-306 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
No Public Comment was received.
A motion was made by Vice Mayor Ponce, seconded by Councilmember Pabon- Alvarado, that this item be continued to the next meeting of August 7, 2023. The motion carried by the following vote.
Aye: 4 - Xavier, Pabon-Alvarado, Ponce, Pineda
Nay: 0 -
Absent: 1 - Cruz
23. 23-270 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
No Public Comment was received.
A motion was made by Vice Mayor Ponce, seconded by Councilmember Pabon- Alvarado, for approval of the designated delegates. The motion carried by the following vote.
Aye: 4 - Xavier, Pabon-Alvarado, Ponce, Pineda
Nay: 0 -
Absent: 1 - Cruz
DRAFT Minutes of the Meeting of July 17, 2023 Page 8
SUPPLEMENTAL MATERIALS (IF ANY)
24. 23-272 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 REPORTS
City Councilmembers reported on attendance at intergovernmental agency meetings, conferences, and seminars since the last meeting.
City Councilmembers announced calendar of upcoming events and coordinated attendance; reported on local events attended since the last meeting.
A motion was made by Councilmember Pineda, seconded by Councilmember Pabon- Alvarado to schedule a request for a Proclamation to recognize Dr. Carol Weyland Conner, Founder of White Pony Express. The motion carried by the following vote.
Aye: 4 - Xavier, Pabon-Alvarado, Cruz, Ponce
Nay: 0 -
Absent: 1 - Pineda
ADJOURNMENT
Adjourned at 7:49 pm to the regular meeting on Monday, August 7, 2023 at 6:00 pm.
Respectfully Submitted,
____________________________
Dorothy Gantt, City Clerk
____________________________
Abel Pineda, Mayor