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, February 20, 2024
CLOSED SESSION BEGINS AT 5:15 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. • 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.
February 20, 2024City Council Meeting Agenda
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
Pursuant to Gov’t Code section 54957:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
24-0611.
* * * END OF CLOSED SESSION * * *
RECONVENE TO REGULAR SESSION
CALL TO ORDER
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.
February 20, 2024City Council Meeting Agenda
CEREMONIAL MATTERS
PRESENTATIONS
PRESENTATION BY CONTRA COSTA COUNTY CLERK-RECORDER
CEQA: This is not a project as defined by CEQA.
24-0422.
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 FEBRUARY
5, 2024
CEQA: This is not a project as defined by CEQA.
24-0503.
Recommendation: Approve by Minute Order
PERIODIC REPORTS
CONSIDER APPROVING VENDOR CHECK REGISTER REPORT FOR
THE MONTH OF JANUARY 2024
CEQA: This proposed action is not a project as defined by CEQA. 23-4474.
Recommendation: Approve by Minute Order
CITY COUNCIL AUTHORIZATION
CONSIDER ADOPTING RESOLUTION (1) ACCEPTING THE 2023
ANNUAL MILITARY EQUIPMENT REPORT; (2) DETERMINING THAT
THE POLICE DEPARTMENT’S USE OF MILITARY EQUIPMENT IN 2023 COMPLIED WITH THE DEPARTMENT’S MILITARY EQUIPMENT
FUNDING, ACQUISITION, AND USE POLICY 709 AND APPLICABLE STATE LAW; AND (3) DETERMINING THAT POLICY 709 WILL BE
CONTINUED WITHOUT CHANGE.
CEQA: This proposed action is not a project as defined by CEQA. 24-0055.
Recommendation: Adopt Resolution
February 20, 2024City Council Meeting Agenda
CONSIDER RESOLUTION (1) AUTHORIZING THE TRANSFER OF
$80,000 FROM THE FY2023/24 COMMUNITY DEVELOPMENT SALARY ACCOUNT TO ITS PROFESSIONAL SERVICES ACCOUNT; AND (2)
AUTHORIZING THE CITY MANAGER TO AMEND AN EXISTING
AGREEMENT WITH INTERWEST CONSULTING GROUP, INC. FOR
ON-CALL BUILDING INSPECTION SERVICES TO ADD $80,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $130,000
CEQA: This action is not a project as defined by CEQA. CEQA Guidelines section 15378(b)(4) states that “project” does not include the creation of government funding mechanisms or other governmental fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
24-0486.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONSULTING SERVICES AGREEMENT
FOR ACCOUNTING SERVICES WITH KRISCH & COMPANY IN THE
AMOUNT OF $103,950.
CEQA: This proposed action is not a project as defined by CEQA. 24-0877.
Recommendation: Adopt Resolution
CONSIDER ADOPTING A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN PABLO ESTABLISHING THE STORMWATER UTILITY ASSESSMENT RATE FOR FY 2024/25 AND REQUESTING THE
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL
ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM
CEQA: Establishing the Stormwater Utility Assessment (SUA) does not trigger CEQA since it is not a project per Section 15378. This section of the CEQA Guidelines states that a project does not include continuing administrative or maintenance activities, or the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. 24-0578.
Recommendation: Adopt Resolution
February 20, 2024City Council Meeting Agenda
CONSIDER ADOPTING A RESOLUTION AMENDING RESOLUTION
2019-021 AND APPROVING AN AMENDMENT TO THE CITY’S
CLASSIFICATION AND COMPENSATION PLAN UPDATING THE
SALARY SCHEDULE FOR EXECUTIVE MANAGEMENT GROUP FOR
CHIEF OF POLICE; AND AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO IMPLEMENT THE PROPOSED AMENDMENTS AND
CHANGES RETROACTIVE TO FEBRUARY 1, 2019.
CEQA: This proposed action is not a project as defined by CEQA. 24-0629.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY
MANAGER TO PURCHASE ONE (1) 2024 DODGE DURANGO POLICE
INTERCEPTOR VEHICLE FOR A TOTAL COST NOT TO EXCEED
$56,429, USING COMPETITIVELY BID COOPERATIVE CONTRACTS; AND APPROPRIATING $35,471 FROM THE ADJUDICATED ASSET
SEIZURE ACCOUNT AND $20,958 FROM THE POLICE DEPARTMENT
VEHICLE EQUIPMENT MAINTENANCE ACCOUNT TO THE VEHICLE
REPLACEMENT FUND FOR THIS VEHICLE PURCHASE IN FY 2023/24.
CEQA: This proposed action is not a project as defined by CEQA. 24-06410.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO (1) APPROVING THE PLANS AND
SPECIFICATIONS FOR THE BUSH AVENUE POCKET PARK
PROJECT (0502) (PROJECT), (2) AWARDING MICHAEL PAUL
COMPANY, INC., A CONSTRUCTION CONTRACT FOR THE PROJECT, (3) AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH MICHAEL PAUL COMPANY, INC. IN AN AMOUNT
OF $571,887.66 WITH A 15% CONTINGENCY FOR TOTAL
AUTHORIZATION NOT TO EXCEED $657,671 AND (4)
REAPPROPRIATING FUND 120 FUNDS IN THE AMOUNT OF $247,002 FROM THE FULL TRASH CAPTURE DEVICE PROJECT (0304) TO THE BUSH AVENUE POCKET PARK PROJECT (0502)
CEQA: The Bush Avenue Pocket Park Project is categorically exempt per CEQA Guidelines Sections 15303(d) and (e), and Sections 15304(b) and (f), as it only includes, respectively, new construction of small structures (e.g., play equipment, new water meter, new fence, etc.) and minor alterations of land (e.g., new landscaping, minor trenching and backfill where new surface is restored). The CEQA Notice of Exemption was filed at the Contra Costa County Clerk's Office on December 18, 2021. 24-06911.
Recommendation: Adopt Resolution
February 20, 2024City Council Meeting Agenda
CONSIDER ADOPTING RESOLUTIONS OF THE CITY COUNCIL OF
THE CITY OF SAN PABLO:
APPROPRIATING CALIFORNIA NATURAL RESOURCE AGENCY
URBAN GREENING GRANT FUNDS IN THE AMOUNT OF $635,000
FOR THE DESIGN AND PUBLIC OUTREACH OF THE SAN PABLO
AREA FOR RECREATION AND COMMUNITY PARK PROJECT (0501)
(PROJECT), AND AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH CSW / STUBER STROEH ENGINEERING
GROUP, INC. FOR THE DESIGN AND ENGINEERING CONSULTANT
SERVICES FOR THE PROJECT (0501) IN THE AMOUNT OF $545,140 WITH A 10% CONTINGENCY FOR A TOTAL AUTHORIZATION OF
$599,654
and
APPROVING APPLICATIONS FOR GRANT FUNDS FROM THE
CALIFORNIA STATE DEPARTMENT OF PARKS AND RECREATION
BUDGET ACT OF 2023, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AND SUBMIT THE GRANT APPLICATION AND ANY OTHER
NECESSARY DOCUMENTS RELATED TO THIS GRANT.
CEQA: The San Pablo Area for Recreation and Community (SPARC) Project is categorically exempt pursuant to Section 15304 of the State CEQA Guidelines. Section 15304 exempts from environmental review “minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes.” The Project would involve alteration of the site from an empty lot with demolition debris to a park, including grading, new landscaping, and minor trenching and backfilling where the surface is restored. The Project would not remove any mature trees; the trees within and adjacent to the Project site would be preserved in place.
The Project also meets the criteria for the In-Fill Development Project categorical exemption, pursuant to Section 15332 of the State CEQA Guidelines, which exempts from environmental review in-fill development projects that meet five specific criteria. The Project complies with these five criteria.
The Public Works Department filed a Notice of Exemption (NOE), dated November 11, 2023, with the Contra Costa County Clerk and the State of California Office of Planning and Research.
24-07112.
Recommendation: Adopt Resolution
February 20, 2024City Council Meeting Agenda
CONSIDER RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN PABLO (1) ACCEPTING $225,613 IN GRANT FUNDING OVER
THREE FISCAL YEARS TO FUND A PART-TIME POLICE SERVICES
TECHNICIAN POSITION IN THE SAN PABLO POLICE DEPARTMENT
TOBACCO OUTREACH UNIT, (2) AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
CALIFORNIA DEPARTMENT OF JUSTICE FOR THE TOBACCO GRANT
PROGRAM, AND (3) APPROPRIATING REIMBURSED GRANT
FUNDING TO THE POLICE DEPARTMENT BUDGET, TO CONTINUE
SUPPORTING AN EFFECTIVE, COMPREHENSIVE, AND STRATEGIC
APPROACH TO COMBAT ILLEGAL TOBACCO USE AMONG MINORS
CEQA: This proposed action is not a project as defined by CEQA. 24-05913.
Recommendation: Adopt Resolution
* * * END OF CONSENT CALENDAR * * *
PUBLIC HEARING
CONSIDER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AMENDING TITLE 9 OF THE SAN PABLO MUNICIPAL
CODE TO ADD CHAPTER 9.60, “RENT REGISTRY” REQUIRING
PROPERTY OWNERS TO REGISTER RENTAL UNITS WITH THE CITY
AND TO PROVIDE OTHER ADDITIONAL INFORMATION REGARDING
RESIDENTIAL RENTAL PROPERTIES ON AN ANNUAL BASIS.
CEQA: This proposed action is not a project as defined by CEQA. 24-07014.
Recommendation: Conduct public hearing; waive first reading; introduce Ordinance
CITY COUNCIL DISCUSSION/CONSIDERATION
CONSIDER RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN PABLO APPROVING THE FACILITY NAMING RECOMMENDATION
FROM THE COMMUNITY SERVICES STANDING COMMITTEE FOR
THE CITY’S NEW PARK PROJECT SITE LOCATED AT 2600 MORAGA ROAD, SAN PABLO - LEONARD R. MCNEIL PARK (MCNEIL PARK)
CEQA: This proposed action is not a project as defined by CEQA. 24-08515.
Recommendation: Adopt Resolution
SUPPLEMENTAL MATERIALS (IF ANY)
February 20, 2024City 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.
24-01916.
MAYOR AND CITY COUNCIL ASSIGNMENTS REPORTS
(Approved by Resolution 2024-007)
(a) Mayor Patricia Ponce
Assignment/Memberships: Contra Costa Mayors’ Conference (Primary); West Contra Costa Mayors’ & Supervisors ’ Association (Primary); League of CA Cities East Bay League Division (Alternate); Marin Clean Energy Board of Directors (Alternate); San Pablo Economic Development Corporation Board of Directors (City Council Appointee ); Sister City Manzanillo Future Board Member Designation (Primary); City Auditor Review of City Financial Statements (Alternate);
Standing Committees: Budget, Fiscal & Legislative; Economic Development, Housing & Project Management Ad-Hoc Subcommittees: Casino San Pablo/Lytton Tribe
(b) Vice Mayor Arturo Cruz
Assignment/Memberships: Association of Bay Area Governments (Alternate); Contra Costa Mayors’ Conference (Alternate); West Contra Costa Mayors’ & Supervisors’ Association (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
Assignment/Memberships: Marin Clean Energy Board of Directors (Primary); City Auditor Review of City Financial Statements (Primary);
Standing Committees: Budget, Fiscal & Legislative; Public Safety Ad-Hoc Subcommittees:
(d) Councilmember Rita Xavier
Assignment/Memberships: Association of Bay Area Governments (Primary); League of CA Cities East Bay League Division (Primary); San Pablo Community Grant Foundation Board (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
Assignment/Memberships: West County Integrated Waste Management /Recyclemore JPA Authority (Alternate); 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
February 20, 2024City Council Meeting Agenda
ADJOURNMENT
Adjourn to Monday, March 4, 2024 at 6:00 pm. in memory of Bounthong Soungpanya, grandmother of Public Works Inspector, Leck Soungpanya.