DRAFT Minutes of the Meeting of August 7, 2023 Page 1
DRAFT Minutes of the Regular Meeting of the San Pablo City Council
Monday, August 7, 2023
CALL TO ORDER
The meeting was called to order at 5:00 pm in the Council Chambers.
ROLL CALL
Present 4 Councilmembers Rita Xavier, Arturo Cruz (participated remotely), Vice, Mayor Patricia Ponce, and Mayor Abel Pineda (participated remotely)
Absent 1 Councilmember Elizabeth Pabon-Alvarado
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 such announcements.
CLOSED SESSION
No Public Comment was received.
Adjourn to Closed Session at 5:03 p.m. regarding:
1. 23-329 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
2. 23-330 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
Reconvene to Regular Meeting
CALL TO ORDER
The meeting was called to order at 6:00 pm in the Council Chambers.
DRAFT Minutes of the Meeting of August 7, 2023 Page 2
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 Councilmembers Rita Xavier, Arturo Cruz (participated remotely), Vice, Mayor Patricia Ponce, and Mayor Abel Pineda (participated remotely)
Absent 1 Councilmember Elizabeth Pabon-Alvarado
Staff and Elected Officials Present: City Manager, Matt Rodriguez Assistant City Manager, Charles Ching
City Attorney, Teresa Stricker
Police Chief Ron Roman
City Treasurer, Viviana Toledo
City Clerk, Dorothy Gantt
Assistant City Clerk, Leticia I. Miguel
REPORT ON CLOSED SESSION
City Manager Rodriguez reported on Closed Session.
ORAL COMMUNICATIONS
There were approximately 7 public speakers.
Public Comment was received by Cordell Hindler, Laura Hayes, Guadalupe Morales, Mashel Lindstrom, Claudia Rainald, Oscar Soriano, Anita Mendoza,
CEREMONIAL MATTERS
No items scheduled.
PRESENTATIONS
3. 23-167 PRESENTATION TO CITY COUNCIL REGARDING THE SAN PABLO SUMMER 2023 INTERNSHIP PROGRAM
Public Comment was received by Sarah Ortega and Cordell Hindler.
Presented.
CITY MANAGER REMARKS
City Manager Rodriguez made the following announcements:
• The upcoming service of Dumpster Day on Saturday, August 26, 2023. • Commended the Police Department, for an exceptional 2023 National Night Out event.
• Commented on the successfully continuance of Movies Under the Stars Program at DRAFT Minutes of the Meeting of August 7, 2023 Page 3
the Community Center, next movie is scheduled for August 11, 2023. • Commended all emergency responders, from the San Pablo Police Department, Contra Costa Fire Protection District, Richmond Fire, County Hazmat teams, FBI Bomb Squad and Alameda Bomb Squad, and all who responded to the incident at the 900 block of Stanton Avenue in San Pablo and acknowledge the immediate professional response in dealing with this incident.
• Announced, due to scheduling and logisitcs considerations, the San Pablo Police Department Headquarters and Regional Training Center Project groundbreaking ceremony scheduled for Thursday, August 10, 2023 has postponed. No re-scheduled date has been operationally determined at this time.
CONSENT CALENDAR
AMENDMENT OF CONSENT CALENDAR
Item 8 was removed from the Consent Calendar to Items Removed From Consent Calendar
Approval of the Consent Calendar
A motion was made by Councilmember Cruz, seconded by Councilmember Xavier, to Approve the Consent Calendar. The motion carried by the following vote.
Aye: 4 - Xavier, Cruz, Ponce, Pineda
Nay: 0 -
Absent: 1 - Pabon-Alvarado
MINUTES
4. 23-331 CONSIDER
APPROVING MINUTES OF THE MEETING OF JULY 17, 2023
Approved as Submitted on the Consent Calendar.
PERIODIC REPORTS
5. 23-205 TREASURER’S
REPORT FOR THE QUARTER ENDED JUNE 30, 2023
Approved as Submitted on the Consent Calendar.
6. 23-285 CONSIDER
APPROVING VENDOR CHECK REGISTER REPORT FOR THE
MONTH OF JULY 2023
Approved as Submitted on the Consent Calendar.
LIABILITY CLAIMS
7. 23-322 CONSIDER DENYING EMPLOYMENT LIABILITY CLAIM OF CARI MCCORMICK (DOL 6/1/23)
Approved as Submitted on the Consent Calendar.
PROCLAMATIONS
No items scheduled.
DRAFT Minutes of the Meeting of August 7, 2023 Page 4
CITY COUNCIL AUTHORIZATION
Item 8. was removed from the Consent Calendar to Items Removed from the Consent Calendar
9. 23-283 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
Adopted.
Enactment No: RES 2023-119
10. 23-305 CONSIDER ADOPTING RESOLUTION APPROVING “SAN PABLO SHINES/ SAN PABLO BRILLA” AS THE OLD TOWN BEAUTIFICATION OUTREACH
CAMPAIGN NAME
Adopted.
Enactment No: RES 2023-120
11. 23-309 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
Adopted.
Enactment No: RES 2023-121
12. 23-314 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.
Adopted as Amended.
Enactment No: RES 2023-122
13. 23-311 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
Adopted.
Enactment No: RES 2023-123
DRAFT Minutes of the Meeting of August 7, 2023 Page 5
14. 23-312 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
Adopted.
Enactment No: RES 2023-124
15. 23-319 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.
Adopted.
Enactment No: RES 2023-125
16. 23-321 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)
Adopted.
Enactment No: RES 2023-126
17. 23-325 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
Adopted.
Enactment No: RES 2023-127
18. 23-326 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.
Adopted.
Enactment No: RES 2023-128
19. 23-320 CONSIDER ADOPTING RESOLUTION (1) APPROVING AND ADOPTING DRAFT Minutes of the Meeting of August 7, 2023 Page 6
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
Adopted.
Enactment No: RES 2023-129
20. 23-315 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
Adopted.
Enactment No: ORD 2023-002
21. 23-316 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
Adopted.
Enactment No: ORD 2023-003
PUBLIC HEARINGS
No items scheduled.
CITY COUNCIL DISCUSSION/CONSIDERATION
22. 23-306 CONSIDER RESOLUTION APPROVING AMENDMENT NO. 3 TO THE FY DRAFT Minutes of the Meeting of August 7, 2023 Page 7
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
City Manager Rodriguez presented item and responded to questions from Councilmembers.
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, Cruz , Ponce, Pineda
Nay: 0 -
Absent: 1 - Pabon-Alvarado
Adopted as Amended.
Enactment No: RES 2023-130
Items Removed From Consent Calendar
8. 23-313 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
Public Comment was received from Oscar Soriano.
A motion was made by Vice Mayor Ponce, seconded by Councilmember Xavier to approve this item. The motion carried by the following vote.
Aye: 4 - Xavier, Cruz, Ponce, Pineda
Nay: 0 -
Absent: 1 - Pabon-Alvarado
SUPPLEMENTAL MATERIALS (IF ANY)
23. 23-273 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.
DRAFT Minutes of the Meeting of August 7, 2023 Page 8
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 Xavier, seconded by Mayor Pineda to schedule a request for a Proclamation to recognize the Hazmat Response team and Agencies who responded to the hazardous materials incident at the 900 block of Stanton Avenue in San Pablo. The motion carried by the following vote.
Aye: 4 - Xavier, Cruz, Ponce, Pineda
Nay: 0 -
Absent: 1 - Pabon-Alvarado
ADJOURNMENT
Adjourned at 7:49 pm to the regular meeting on Tuesday, September 5, 2023 at 7:13 pm.
Respectfully Submitted,
____________________________
Dorothy Gantt, City Clerk
____________________________
Abel Pineda, Mayor