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, October 2, 2023
CITY COUNCIL/LOCAL SUCCESSOR AGENCY
CLOSED SESSION BEGINS AT 5:30 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.
October 2, 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
October 2, 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
23-3901.
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.
PRESENTATIONS
PRESENTATION OF PROCLAMATION TO THE CITY COUNCIL OF THE
CITY OF SAN PABLO RECOGNIZING OCTOBER AS BULLYING
PREVENTION MONTH IN THE CITY OF SAN PABLO
CEQA: This is not a project defined by CEQA.
23-2902.
PRESENTATION OF PROCLAMATION RECOGNIZING THE CITY OF
SAN PABLO STAFF AND ALLIED AGENCIES IN SAFEGUARDING THE
COMMUNITY OF SAN PABLO AND SURROUNDING AREAS DURING
THE STANTON AVENUE HAZARDOUS CHEMICALS INCIDENT
CEQA: This is not a project defined by CEQA.
23-3873.
October 2, 2023City Council Meeting Agenda
PRESENTATION OF 2023 SRI ANNUAL PUBLIC SAFETY SURVEY
RESULTS
CEQA: This is not a project as defined by CEQA.
23-3954.
Recommendation: For Informational Purposes Only
CEREMONIAL MATTERS
PRESENTATION OF LIFE SAVING AWARD AND MEDAL TO POLICE
OFFICER BRANDON OSWALD
CEQA: This is not a project as defined by CEQA.
23-3945.
Recommendation: Approve and present Life Saving Award
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.
MINUTES
CONSIDER APPROVING MINUTES OF THE MEETING OF
SEPTEMBER 18, 2023
CEQA: This is not a project as defined by CEQA.
23-3846.
Recommendation: Approve by Minute Order
LIABILITY CLAIMS
CONSIDER DENYING LIABILITY CLAIMS OF: 1) JABARIE JOHNSON (DOL 7/30/23); AND 2) SHANI LIGAYA BOYKIN (DOL 2/25/23) CEQA: This is not a project as defined by CEQA.
23-3727.
Recommendation: Deny the claims per the recommendation of the Municipal Pooling Authority (MPA), the City's joint risk pool.
CITY COUNCIL AUTHORIZATION
October 2, 2023City Council Meeting Agenda
CONSIDER RATIFYING THE LETTER OF SUPPORT TRANSMITTED BY
MAYOR PINEDA TO THE STATE OF CALIFORNIA PUBLIC UTILTIES COMMISSION ON SEPTEMBER 20, 2023 TO SUPPORT COMCAST’S
REQUEST FOR FEDERAL FUNDING ACCOUNT (FFA) FUNDING TO
DEPLOY AND EXPAND BROADBAND INFRASTRUCTURE IN THE
CONTRA COSTA COUNTY REGION WHICH IS CONSISTENT WITH THE CITY’S SMART 5G STRATEGIC POLICY INITIATIVE ADOPTED VIA RESOLUTION NO. 2020-132
CEQA: This is not a project as defined by CEQA.
23-3888.
Recommendation: Authorized by Minute Action
PROPOSED 2024 CALENDAR OF CITY COUNCIL / LOCAL
SUCCESSOR AGENCY / JOINT POWERS FINANCING AUTHORITY
REGULAR MEETING DATES
CEQA: This is not a project as defined by CEQA.
23-3669.
Recommendation: Approve by Minute Order
CONSIDER ADOPTING RESOLUTION (1) AUTHORIZING THE
PURCHASE OF A NEW 2023 VERMEER LP573SDT VACUUM
TRAILER USING A COMPETITIVELY BID COOPERATIVE PURCHASING
AGREEMENT PURSUANT TO THE SAN PABLO MUNICIPAL CODE
SECTION 3.16.110 (e); (2) AUTHORIZING THE SALE OF THE OLD VACUUM TRAILER (VEHICLE 696) AT PUBLIC AUCTION PURSUANT TO SAN PABLO MUNICIPAL CODE SECTION 3.16.120(C), WITH
REVENUE FUNDS TO BE CREDITED TO THE FISCAL YEAR 2023/24
PROPERTY MAINTENANCE EQUIPMENT REPLACEMENT
OPERATING BUDGET (100-3410-46300); AND (3) REAPPROPRIATING $102,862.47 FROM FUTURE ENVIRONMENTAL ELECTRIFICATION
PROGRAM ACCOUNT (910-3310-20702) TO THE FISCAL YEAR
2023/24 PROPERTY MAINTENANCE EQUIPMENT REPLACEMENT
OPERATING BUDGET (100-3410-46300) FOR THE PURCHASE
CEQA: This is not a project as defined by CEQA.
23-37610.
Recommendation: Adopt Resolution
October 2, 2023City Council Meeting Agenda
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO THE
AGREEMENT WITH LIEBERT CASSIDY WHITMORE FOR LEGAL
SERVICES IN THE AREAS OF LABOR NEGOTIATIONS AND
EMPLOYMENT LAW, INCREASING COMPENSATION BY UP TO
$50,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED
$100,000
CEQA: This is not a project subject to CEQA.
23-38111.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION APPROVING AN UPDATED
COMMUNITY SERVICES DEPARTMENT MASTER FEE SCHEDULE
FOR PROGRAMS, SERVICES AND FACILITY RENTAL RATES
EFFECTIVE DECEMBER 1, 2023
CEQA: This is not a project as defined by CEQA.
23-35312.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING 1) THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH CLEARGOV TO
PURCHASE NEW BUDGETING SOFTWARE, ANNUAL LICENSING
AND RELATED PROFESSIONAL SERVICES AT A TOTAL COST NOT
TO EXCEED $105,543.75 FOR 45 MONTHS, INCLUDING A
SUBSCRIPTION TOTAL OF $21,108.75 FOR THE REMAINING FISCAL YEAR; AND 2) APPROPRIATING $21,108.75 FROM GENERAL FUND
DESIGNATED RESERVES - CITY FACILITY MAINTENANCE AND
ONE-TIME IMPROVEMENTS TO FINANCE PROFESSIONAL
SERVICES (100-1420-43600)
CEQA: This is not a project within the meaning of CEQA. 23-38313.
Recommendation: Adopt Resolution
October 2, 2023City Council Meeting Agenda
CONSIDER ADOPTING RESOLUTIONS OF THE CITY COUNCIL OF
THE CITY OF SAN PABLO AND THE SAN PABLO LOCAL
SUCCESSOR AGENCY APPROVING AND AUTHORIZING THE
EXECUTION OF A PROPERTY TRANSFER AND INDEMNITY
AGREEMENT PROVIDING FOR THE TRANSFER OF CERTAIN REAL
PROPERTY TO THE WEST CONTRA COSTA UNIFIED SCHOOL
DISTRICT
CEQA: Execution of a Property Transfer and Indemnity Agreement is not a project under CEQA. The WCCUSD has gone through its own CEQA review process as part of the Lake Elementary School Modernization Project.
23-39114.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION DECLARING CITY-OWNED
PROPERTY LOCATED ON VALE ROAD WITH APN 417-190-023-8 TO
BE EXEMPT SURPLUS PROPERTY UNDER THE CALIFORNIA
SURPLUS LAND ACT; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A PURCHASE AND SALE AGREEMENT TO SELL
PROPERTY TO THE LYTTON RANCHERIA OF CALIFORNIA FOR THE
APPRAISED VALUE OF $3,050,000
CEQA: The sale of land is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15312 (Surplus Governmental Property Sales). However, if development was proposed on the property by a subsequent owner, then that development would be reviewed under CEQA.
23-39215.
Recommendation: Adopt Resolution
* * * END OF CONSENT CALENDAR * * *
PUBLIC HEARINGS
No items scheduled.
ORDINANCES
No items scheduled.
CITY COUNCIL DISCUSSION/CONSIDERATION
No items scheduled.
SUPPLEMENTAL MATERIALS (IF ANY)
October 2, 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
23-27616.
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
October 2, 2023City Council Meeting Agenda
ADJOURNMENT
Adjourn to Monday, October 16, 2023 at 6:00 pm.