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 PMMonday, June 10, 2024
Special Meeting
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.
June 10, 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 REAL PROPERTY NEGOTIATORS
Pursuant to Gov’t Code Section 54956.8:
PROPERTY: 13831 San Pablo Avenue, San Pablo, CA 94806 (a portion of the former City Hall site located generally at the intersection of San Pablo Avenue and Church Lane)
AGENCY NEGOTIATORS: Matt Rodriguez AND Charles Ching
NEGOTIATING PARTIES: Danco Communities
UNDER NEGOTIATION: Price and Terms of Payment for Disposition of Property
24-2091.
June 10, 2024City Council Meeting Agenda
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Gov’t Code Section 54956.8:
PROPERTY: 1701 Rumril Blvd, San Pablo, CA 94806 and is further identified by
Assessor’s Parcel Nos. 410-011-002 and 410-011-005
AGENCY NEGOTIATORS: Matt Rodriguez, Charles Ching
NEGOTIATING PARTIES: Davide Pio
UNDER NEGOTIATION: Price and Terms of Payment for Disposition of Property
24-2272.
* * * 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.
CEREMONIAL MATTERS
PRESENTATIONS
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
June 10, 2024City Council Meeting Agenda
CONSIDER APPROVING MINUTES OF THE MEETING OF MAY 20,
2024
CEQA: This is not a project as defined by CEQA.
24-2053.
Recommendation: Approve by Minute Order
CLAIMS
CONSIDER DENYING LIABILITY CLAIM OF LAURA CAPITANA (DOL 3/24/24)
CEQA: This proposed action is not a project as defined by CEQA. 24-2004.
Recommendation: Deny the claim per the recommendation of the Municipal Pooling Authority (MPA), the City's joint risk pool.
CITY COUNCIL AUTHORIZATION
CONSIDER ADOPTING RESOLUTION (1) AUTHORIZING THE CITY
MANAGER TO EXECUTE A SECOND AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT WITH CONSOR ENGINEERS,
LLC (CONSOR) FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES FOR THE RUMRILL BOULEVARD
COMPLETE STREETS PROJECT (0700), INCREASING
COMPENSATION BY AN AMOUNT NOT TO EXCEED $650,000 AND
INCREASING TOTAL CONTINGENCY TO $167,648, FOR A NEW
NOT-TO-EXCEED AMOUNT UNDER THE AGREEMENT OF $2,269,124; (2) EXTENDING THE TERM OF THE AGREEMENT UNTIL DECEMBER
31, 2024; AND (3) REALLOCATING MEASURE J LOCAL STREET
MAINTENANCE FUNDS IN THE AMOUNT OF $682,500 TO FUND THE
SECOND AMENDMENT TO THE AGREEMENT
CEQA Compliance Statement:
The Rumrill Boulevard Complete Streets Project is categorically exempt under the California Environmental Quality Act (CEQA), Section 15301, Existing Facilities (Class 1) of the CEQA Regulations, on the basis that the project involves repair and minor alteration to the existing public streets, sidewalks, gutters, and similar facilities. The Notice of Exemption was filed and recorded with the Contra Costa County Clerk on January 7, 2018.
Moreover, since the project is also receiving federal funding, the project was also determined to be categorically exempt under the National Environmental Policy Act (NEPA), Section 23 CFR 771.117 (c)(3). The Notice of Exemption for NEPA was filed on March 14, 2018 by the California Department of Transportation (Caltrans).
24-1765.
Recommendation: Adopt Resolution
June 10, 2024City Council Meeting Agenda
CONSIDER ADOPTING RESOLUTIONS (1) IMPLEMENTING THE FY
2024-2025 BUILDING, PLANNING, AND PUBLIC WORKS USER FEE
INCREASES THE CITY COUNCIL PREVIOUSLY DETERMINED SHALL
TAKE EFFECT ON JULY 1, 2024 BASED ON THE BUREAU OF LABOR STATISTICS EMPLOYMENT COST INDEX, AND (2) APPLYING THE
WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE
(WCCTAC) APPROVED INFLATIONARY FACTOR INCREASES TO
WCCTAC SUBREGIONAL TRANSPORTATION MITIGATION PROGRAM
(STMP) FEES EFFECTIVE JULY 1, 2024 PURSUANT TO SECTION
15.62.040 OF THE SAN PABLO MUNICIPAL CODE
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.
24-1816.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN PABLO ESTABLISHING THE ANNUAL
APPROPRIATIONS (GANN) LIMIT FOR FISCAL YEAR 2024-25
CEQA: This proposed action is not a project as defined by CEQA. 24-1997.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY
MANAGER TO PURCHASE RECTANGULAR RAPID FLASHING
BEACONS USING A COOPERATIVE PURCHASING PROGRAM
ESTABLISHED BY THE STATE PURSUANT TO SAN PABLO
MUNICIPAL CODE SECTION 3.16.110(E) FOR THE SAFE ROUTES TO
SCHOOL RECTANGULAR RAPID FLASHING BEACON (RRFB)
PROJECT (0703)
CEQA Compliance Statement: The Safe Routes to School Rectangular Rapid Flashing Beacon Project was evaluated with respect to the California Environmental Quality Act (CEQA) and was determined to be Categorically Exempt in accordance with Section 15301 (Class 1) of the CEQA guidelines. The Notice of Exemption was filed with the Contra Costa County Clerk on November 18, 2021.
24-2118.
Recommendation: Adopt Resolution
June 10, 2024City Council Meeting Agenda
CONSIDER ADOPTING RESOLUTION APPROVING AND AUTHORIZING
THE EXECUTION OF A SECOND AMENDMENT TO AMENDED AND
RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT WITH
DANCO COMMUNITIES FOR THE SALE AND DEVELOPMENT OF A
PORTION OF THE FORMER SAN PABLO CITY HALL LOCATED AT
13831 SAN PABLO AVENUE, SAN PABLO, CALIFORNIA
CEQA: The former City Hall property was the subject of a Historic Resources Assessment Report
(www.sanpabloca.gov/DocumentCenter/View/13643/Old-City-Hall-- -Historic-Report
<http://www.sanpabloca.gov/DocumentCenter/View/13643/Old-City-Hall-- -Historic-Report> ) and a Mitigated Negative Declaration (Attachment No. 4) prepared in connection with the approval of the Specific Plan Amendment/General Plan Amendment that designated the property as SP2-Mixed Use Center City Hall Site on February 20, 2018. As part of that approval, mitigation measures were adopted that must be complied with as part of the development of the project. Those mitigation measures have been incorporated as part of the agreement with the developer. There has been no change in circumstances that would warrant further environmental review at this time. Further, the Project meets the criteria established for the affordable housing exemption set forth in Section 15194 of the Guidelines for Implementation of the California Environmental Quality Act (the “CEQA Guidelines”).
24-2109.
Recommendation: Adopt Resolution
CONSIDER ADOPTING RESOLUTION AUTHORIZING THE CITY
MANAGER TO SELL POLICE DEPARTMENT VEHICLE 863 (2011
FORD CROWN VICTORIA) 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 VEHICLE REPLACEMENT FUND
ACCOUNT (102-2110-46300)
CEQA: This proposed action is not a project as defined by CEQA. 24-21210.
Recommendation: Adopt Resolution
June 10, 2024City Council Meeting Agenda
CONSIDER ADOPTING RESOLUTION (1) APPROVING AND ADOPTING
THE PLANS AND SPECIFICATIONS FOR THE FULL TRASH CAPTURE DEVICE AT WILLOW AND RIDGE PROJECT (0304) (“PROJECT”); (2) REJECTING A BID BY CORCUS CONSTRUCTION, INC., SAN
FRANCISCO, CA.; (3) AWARDING A CONTRACT TO GOLDEN BAY
CONSTRUCTION, INC. OF HAYWARD, CA, IN THE AMOUNT OF
$691,705 WITH A 10% CONTINGENCY FOR A TOTAL AUTHORIZATION OF $760,876; (4) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GOLDEN BAY CONSTRUCTION INC. FOR THE
PROJECT; (5) RE-APPROPRIATING FUNDS IN THE AMOUNT OF
$40,000 from THE FISCAL YEAR 2023-24 PUBLIC WORKS
DEPARTMENT NPDES OPERATING BUDGET TO THE PROJECT; AND
(6) RE-APPROPRIATING FUNDS IN THE AMOUNT OF $42,200 FROM THE PRINCETON PLAZA STABILIZATION PROJECT (0402) TO THE
PROJECT
CEQA Compliance Statement
The Full Trash Capture Device at Willow and Ridge was assessed and determined to be Categorically Exempt under Section 15304(b)&(f), 15301(b)&(c), and 15302(c) of the CEQA Regulations. The CEQA Notice of Exemption (NOE) was originally filed at the Contra Costa County Clerk Office on January 31, 2022 and a revised NOE was filed on November 10, 2023.
24-21311.
Recommendation: Adopt Resolution
CONSIDER RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN PABLO AUTHORIZING THE CITY MANAGER TO ENCUMBER
AVAILABLE FUNDS FROM THE FY 2023-24 POLICE DEPARTMENT
OPERATING BUDGET (100-2110-43600) FOR ANTICIPATED FY
2024-25 COSTS ASSOCIATED WITH THE APPROVED EXPANSION
OF AN UNMANNED AIRCRAFT SYSTEM FOR THE POLICE
DEPARTMENT’S DRONE AS A FIRST RESPONDER PROGRAM
REFERENCED BY COUNCIL RESOLUTION 2023-110
CEQA: This proposed action is not a project as defined by CEQA. 24-21712.
Recommendation: Adopt Resolution
* * * END OF CONSENT CALENDAR * * *
PUBLIC HEARINGS
No items scheduled.
CITY COUNCIL DISCUSSION/CONSIDERATION
No items scheduled.
June 10, 2024City Council Meeting Agenda
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.
24-20613.
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:
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
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; External & Internal Technology Feasibility Projects 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:
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
June 10, 2024City Council Meeting Agenda
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; External & Internal Technology Feasibility Projects
ADJOURNMENT
Adjourn to Monday, June 17, 2024 at 6:00 pm., in memory of Patrick Joseph Hickey, father of City Attorney Brian P. Hickey.