City of San Pablo
Meeting Minutes - Final
City Council
6:00 PM City Council Chambers
Access the meeting remotely by using this URL
https://us02web.zoom.us/j/83708212256
Monday, October 2, 2023
CITY COUNCIL/LOCAL SUCCESSOR AGENCY
CALL TO ORDER
The meeting was called to order at 5:30 p.m. in the Council Chambers.
ROLL CALL
Vice Mayor Patricia Ponce, Councilmember Arturo Cruz, Councilmember Elizabeth Pabon-Alvarado, and Councilmember Rita Xavier
Present: 4 -
Mayor Abel PinedaAbsent: 1 -
Councilmember Cruz participated remotely.
REMOTE PARTICIPATION UNDER AB 2449
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 Received.
Adjourned to Closed Session at 5:32 p.m.
1. 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 23-390
RECONVENE TO REGULAR SESSION
CALL TO ORDER
The meeting was called to order at 6:00 p.m. in the Council Chambers.
October 2, 2023City Council Meeting Minutes - Final
PLEDGE OF ALLEGIANCE
Vice Mayor Patricia Ponce led the Pledge of Allegiance to the Flag.
PUBLIC ANNOUNCEMENT
ROLL CALL
Vice Mayor Patricia Ponce, Councilmember Arturo Cruz, Councilmember Elizabeth Pabon-Alvarado, and Councilmember Rita Xavier
Present: 4 -
Mayor Abel PinedaAbsent: 1 -
Councilmember Cruz participated remotely.
Staff and Elected Officials Present:
City Manager, Matt Rodriguez
Assistant City Manager, Charles Ching
City Attorney, Teresa Stricker (participated remotely)
Police Chief Ron Roman
City Clerk, Dorothy Gantt
Assistant City Clerk, Leticia I. Miguel
REPORT ON CLOSED SESSION
City Attorney Teresa Stricker reported there was no reportable action taken.
ORAL COMMUNICATIONS
There were approximately 3 public speakers.
Comments were made by the following individuals:
Cordell Hinder, Chris Taaffe, and Oscar Soriano
PRESENTATIONS
2. 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.
23-290
No Public Comment was received.
Presented.
October 2, 2023City Council Meeting Minutes - Final
3. 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.
23-387
No Public Comment was received.
Presented.
4. PRESENTATION OF 2023 SRI ANNUAL PUBLIC SAFETY SURVEY
RESULTS
CEQA: This is not a project as defined by CEQA.
23-395
Public Comment was received by Oscar Soriano.
Presented.
CEREMONIAL MATTERS
5. PRESENTATION OF LIFE SAVING AWARD AND MEDAL TO POLICE
OFFICER BRANDON OSWALD
CEQA: This is not a project as defined by CEQA.
23-394
No Public Comment was received.
Presented.
CITY MANAGER REMARKS
City Manager Rodriguez made the following announcements:
• Highlighted the Fall 2023, Issue 35 of El Portal, The Gateway, newsletter that will be going out to all San Pablo residents.
• In observance of Columbus /Indigenous Peoples Day, Monday, October 9, 2023, all city Administration Offices and lobby will be closed and will resume regular hours on Tuesday, October 10, 2023. • Provided an update of the Federal Government Shutdown of September 30, 2023.
CONSENT CALENDAR
Approval of the Consent Agenda
No Public Comment was received.
It was moved by Councilmember Xavier, seconded by Councilmember Pabon -Alvarado, and approved by vote of those present, to adopt all items in the Consent Calendar with Vice Mayor Ponce recusing from Item 14. The motion passed as follows:
Aye: Ponce, Cruz, Pabon-Alvarado, and Xavier4 -
October 2, 2023City Council Meeting Minutes - Final
Absent: Pineda1 -
MINUTES
6. CONSIDER APPROVING MINUTES OF THE MEETING OF SEPTEMBER 18, 2023
CEQA: This is not a project as defined by CEQA.
23-384
Approved as Submitted on the Consent Calendar.
LIABILITY CLAIMS
7. 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.
23-372
By adoption of the Consent Calendar the Liability Claims was Denied.
CITY COUNCIL AUTHORIZATION
8. 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.
23-388
Authorized by Minute Action.
9. 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.
23-366
Approved as Submitted on the Consent Calendar.
October 2, 2023City Council Meeting Minutes - Final
10. CONSIDER ADOPTING RESOLUTION (1) AUTHORIZING THE PURCHASE OF A NEW 2023 VERMEER LP 573SDT 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.
23-376
Approved as Submitted on the Consent Calendar.
Enactment No: RES 2023-147
11. 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.
23-381
Approved as Submitted on the Consent Calendar.
Enactment No: RES 2023-148
12. 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.
23-353
Approved as Submitted on the Consent Calendar.
Enactment No: RES 2023-149
October 2, 2023City Council Meeting Minutes - Final
13. 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. 23-383
Approved as Submitted on the Consent Calendar.
Enactment No: RES 2023-150
14. 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. 23-391
It was moved by Councilmember Xavier, seconded by Councilmember Pabon -Alvarado,and approved by vote of those present, to adopt the item.The motion passed as follows:
Aye: 3 - Cruz, Pabon-Alvarado, and Xavier
Recused: 1 - Ponce
Absent: 1 - Pineda
Enactment No: RES 2023-151
RES LSA 2023-001
October 2, 2023City Council Meeting Minutes - Final
15. 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.
23-392
Approved as Submitted on the Consent Calendar.
Enactment No: RES 2023-152
PUBLIC HEARINGS
No items scheduled.
ORDINANCES
No items scheduled.
CITY COUNCIL DISCUSSION/CONSIDERATION
No items scheduled.
SUPPLEMENTAL MATERIALS (IF ANY)
16. 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
23-276
MAYOR AND CITY COUNCIL ASSIGNMENTS 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) Mayor Abel Pineda
October 2, 2023City Council Meeting Minutes - Final
(b) Vice Mayor Patricia Ponce
(c) Councilmember Arturo Cruz
(d) Councilmember Elizabeth Pabon-Alvarado
A motion was made by Councilmember Pabon -Alvarado, seconded by Councilmember Xavier, for an issuance of a Proclamation declaring October, as Domestic Violence Awareness Month in the City of San Pablo. The motion carried by the following vote:
Aye: 4 - Ponce, Cruz, Pabon-Alvarado, and Xavier
Absent: 1 - Pineda
(e) Councilmember Rita Xavier
ADJOURNMENT
Adjourned at 7:29 pm to the regular meeting on Monday, October 16, 2023 at 6:00 pm.
Respectfully Submitted,
____________________________
Dorothy Gantt, City Clerk
____________________________
Patricia Ponce, Vice Mayor