City Council
City of San Pablo
Meeting Agenda
Council Chambers
1000 Gateway Avenue
San Pablo, CA 94806
(510) 215-3000
www.SanPabloCA.gov
Mayor Patricia Ponce
Vice Mayor Arturo Cruz
Councilmember Elizabeth Pabon-Alvarado
Councilmember Rita Xavier
Councilmember Abel Pineda
City Council Chambers
Members of the public may view this meeting
online by using this URL
https://us02web.zoom.us/j/83708212256
6:00 PMTuesday, January 16, 2024
CITY COUNCIL/LOCAL SUCCESSOR AGENCY
CLOSED SESSION BEGINS AT 5:00 PM
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* NOTICE:
Members of the public are invited to attend the meeting in-person at Council Chambers.
Members of the public may also view the meeting on online at https ://us02web.zoom.us/j/83708212256 or during livestream online at https://sanpablo.legistar.com/Calendar.aspx.
Please note the following temporary change to the City's public comment procedures: Public comment by zoom or telephone will not be accepted. Public comment may be provided only in -person in Council Chambers or via email as set forth below.
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.
January 16, 2024City Council Meeting Agenda
• 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 not be read out loud and will be provided directly to the members upon receipt and distributed with supplemental materials following the meeting.
Please note that all information provided in public comments, including 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
CLOSED SESSION
Adjourn to Closed Session regarding:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov’t Code section 54956.9(d)(2): 6 potential cases pertaining to dispute over payment of monthly supplemental health insurance to certain retired employees 23-5051.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Potential initiation of litigation pursuant to Gov’t Code section 54956.9(d) (4): 6 potential cases
23-5062.
* * * END OF CLOSED SESSION * * *
January 16, 2024City Council Meeting Agenda
RECONVENE TO REGULAR SESSION
PLEDGE OF ALLEGIANCE
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
INTRODUCTION OF NEW EMPLOYEES FOR SEPTEMBER 2023 -
DECEMBER 2023
COMMUNITY SERVICES DEPARTMENT
· BRITTANY FERGUSON, COMMUNITY SERVICES COORDINATOR I
INFORMATION TECHNOLOGY
· WILLIAM WARD, INFORMATION TECHNOLOGY ADMINISTRATOR
23-1163.
Recommendation: For Informational Purposes Only
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 DECEMBER
18, 2023
CEQA: This is not a project as defined by CEQA.
23-4964.
Recommendation: Approve by Minute Order
January 16, 2024City Council Meeting Agenda
CONSIDER APPROVING MINUTES OF THE SPECIAL MEETING OF
DECEMBER 13, 2023
CEQA: This is not a project as defined by CEQA.
23-4955.
Recommendation: Approve by Minute Order
PERIODIC REPORTS
CONSIDER APPROVING VENDOR CHECK REGISTER REPORT FOR
THE MONTH OF DECEMBER 2023
CEQA: This proposed action is not a project as defined by CEQA. 23-5076.
Recommendation: Approve by Minute Order
CITY COUNCIL AUTHORIZATION
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONSULTING SERVICES AGREEMENT
WITH PUBLIC PROFIT LLC FOR THE EVALUATION OF THE TEAM FOR
YOUTH GRANT PROGRAM, MEASURE S, AND MEASURE K FOR A
PERIOD OF FOUR (4) YEARS ENDING DECEMBER 31, 2027, FOR A TOTAL AMOUNT NOT TO EXCEED $412,000.
CEQA: This proposed action is not a project as defined by CEQA. 23-4887.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO A THREE YEAR CONSULTING SERVICES
AGREEMENT WITH HATCHUEL TABERNIK & ASSOCIATES, INC.
(HTA) FOR THE EVALUATION OF THE SAN PABLO SCHOLARSHIP
PILOT PROGRAM FOR A TOTAL AMOUNT NOT TO EXCEED $60,000
CEQA: This proposed action is not a project as defined by CEQA. 23-4898.
Recommendation: Adopt Resolution
CONSIDER ADOPTING A RESOLUTION OF THE LOCAL SUCCESSOR
AGENCY OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY
OF SAN PABLO APPROVING AN ADMINISTRATIVE BUDGET AND
ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE
FOR FISCAL YEAR 2024-25 (“ROPS 24-25”)
CEQA: This proposed action is not a project as defined by CEQA. 23-5019.
Recommendation: Adopt Resolution
January 16, 2024City Council Meeting Agenda
CONSIDER RESOLUTION APPROVING AMENDMENT NO. 5 TO THE
GENERAL FUND DESIGNATED RESERVES (GFDR) FOR FISCAL
YEAR 2023-24, EFFECTIVE JANUARY 16, 2024.
CEQA: This proposed action is not a project subject to CEQA. 23-50210.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION (1) AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONSULTING SERVICES AGREEMENT
WITH NATELSON DALE GROUP, INC. IN THE AMOUNT OF $49,915 FOR ECONOMIC DEVELOPMENT CONSULTING SERVICES; AND (2)
APPROPRIATING $60,000 FROM THE GENERAL FUND DESIGNATED
RESERVES - ECONOMIC DEVELOPMENT MASTER PLAN TO THE
ECONOMIC DEVELOPMENT PROFESSIONAL SERVICES BUDGET
(100-1320-43600) TO FUND THE AGREEMENT AND UNFORESEEN
CONTINGENCIES
CEQA: This proposed action is not a project as defined by CEQA. 23-50011.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION (1) AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE CITY’S CURRENT
LEGAL SERVICES AGREEMENT WITH CIVICA LAW GROUP, APC IN
THE AMOUNT OF $20,000 FOR IMPLEMENTATION OF ENHANCED
CODE ENFORCEMENT REGULATIONS; AND (2) APPROPRIATING
$20,000 FROM THE GENERAL FUND DESIGNATED RESERVES -
LEGAL CONTRACT SERVICES TO THE CITY ATTORNEY’S OFFICE
PROFESSIONAL SERVICES BUDGET (100-1210-43600) TO FUND
THE AMENDMENT
CEQA: This proposed action is not a project as defined by CEQA. 023-50812.
Recommendation: Adopt Resolution
ORDINANCES
ADOPTION OF ORDINANCE 2023-005 ADDING SECTION 1.20.030 TO THE CITY OF SAN PABLO MUNICIPAL CODE, UNDER TITLE 1,
GENERAL PROVISIONS, CHAPTER 1.20, ELECTIONS, RELATING TO
THE ELECTRONIC FILING OF FAIR POLITICAL PRACTICES
COMMISSION CAMPAIGN DISCLOSURE STATEMENTS
CEQA: This proposed action is not a project as defined by CEQA. 23-49413.
Recommendation: Waive second reading; adopt Ordinance
January 16, 2024City Council Meeting Agenda
ADOPTION OF ORDINANCE 2023-006 OF THE CITY COUNCIL OF THE
CITY OF SAN PABLO AMENDING THE SAN PABLO ZONING
ORDINANCE CHAPTER 17.38, OVERLAY AND SPECIAL DISTRICTS, TO ADD A NEW SECTION 17.38.090, DESIGNATED HOUSING
ELEMENT SITES (HE).
CEQA: This is a City-initiated project and the proposed amendments apply to the subject sites listed herein. The proposed amendment is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant CEQA Guidelines Section 15378(b)(5) because the proposed change to the zoning ordinance is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment; the amendment does not impact the type or intensity of use already allowed on the properties but rather simply recognizes that there is no discretionary permit or review required. Even if the amendment was considered to be a project, it would be exempt from environmental review pursuant to the “common sense exemption” per CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that its adoption would have a significant effect on the environment because it does not allow any different uses or additional density than currently permitted.
23-49714.
Recommendation: Waive second reading; adopt Ordinance
* * * END OF CONSENT CALENDAR * * *
PUBLIC HEARING
No items scheduled.
CITY COUNCIL DISCUSSION/CONSIDERATION
January 16, 2024City Council Meeting Agenda
CONSIDER ADOPTING A RESOLUTION IN SUPPORT OF THE
ADOPTION OF THE “PATH TO CLEAN AIR: RICHMOND, NORTH
RICHMOND, AND SAN PABLO COMMUNITY EMISSIONS REDUCTION
PLAN” BY THE AB 617 COMMUNITY STEERING COMMITTEE AND THE
BAY AREA AIR QUALITY MANAGEMENT DISTRICT
CEQA: Adopting a resolution in support of the adoption of a Community Emissions Reduction Plan does not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment. The Community Emissions Reduction Plan itself has been determined by Bay Area Air Quality Management District (BAAQMD) staff to be exempt from CEQA under Guidelines Section 15308 - Actions by Regulatory Agencies for Protection of the Environment. In addition, BAAQMD staff has determined that the strategies set forth in the Community Emissions Reduction Plan process would be exempt if they were to be implemented on their own. 23-43415.
Recommendation: Adopt Resolution
CONSIDER RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN PABLO AFFIRMING RECOMMENDED APPOINTMENTS BY
MAYOR PATRICIA PONCE OF INDIVIDUAL CITY COUNCIL STANDING
COMMITTEE AND REGIONAL/LOCAL ASSIGNMENTS FOR
CALENDAR YEAR 2024 PURSUANT TO SAN PABLO MUNICIPAL
CODE SECTION 2.16.070
CEQA: This is not a project as defined by CEQA.
23-50316.
Recommendation: Adopt the attached Resolution for all City Council assignments as amended for Calendar Year 2024 pursuant to the requirements of San Pablo Municipal Code (SPMC) Section
2.16.070.
SUPPLEMENTAL MATERIALS (IF ANY)
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.
23-49317.
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:
January 16, 2024City Council Meeting Agenda
(a) 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
(b) Vice Mayor 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
(c) Councilmember Elizabeth Pabon-Alvarado
Memberships: MCE Clean Energy Board of Directors (Alternate) Standing Committees: Budget, Fiscal & Legislative; Public Safety Ad-Hoc Subcommittees:
(d) 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
Ad-Hoc Subcommittees: Solid Waste & Recycling Agreements, Programs and Services (e) Councilmember 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
ADJOURNMENT
Adjourn to Monday, February 5, 2024 at 6:00 pm.