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City Council

June 10, 2024 ·6:00 PM Final

City Council Chambers Members of the public may view this meeting online by using this URL https://us02web.zoom.us/j/83708212256

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 52 items

  1. 1 CLOSED SESSION BEGINS AT 5:00 PM
  2. 2 *IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION*
  3. 3 NOTICE:
  4. 3 Vice Mayor Arturo Cruz arrived at 5:12 pm.
  5. 4 PUBLIC COMMENT:
  6. 5 • 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.
  7. 6 AGENDA MATERIALS
  8. 7 AMERICANS WITH DISABILITIES ACT:
  9. 8 CALL TO ORDER
  10. 9 ROLL CALL
  11. 10 CLOSED SESSION
  12. 1. 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 24-209
  13. 2. 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 24-227
  14. 12 Staff Present: City Manager, Matt Rodriguez City Attorney, Brian P. Hickey Police Chief, Brian Bubar City Clerk, Dorothy Gantt Assistant City Clerk, Leticia I. Miguel
  15. 13 * * * END OF CLOSED SESSION * * *
  16. 14 RECONVENE TO REGULAR SESSION
  17. 15 CALL TO ORDER
  18. 16 PLEDGE OF ALLEGIANCE
  19. 17 ROLL CALL ▶ jump to 3:53
  20. 18 REPORT ON CLOSED SESSION ▶ jump to 4:14
  21. 19 ORAL COMMUNICATIONS ▶ jump to 4:33
  22. 19 Approval of the Consent Agenda Adopted Pass
  23. 20 CEREMONIAL MATTERS
  24. 21 PRESENTATIONS
  25. 23 CITY MANAGER REMARKS ▶ jump to 10:54
  26. 25 CONSENT CALENDAR ▶ jump to 12:57
  27. 26 MINUTES
  28. 3. CONSIDER APPROVING MINUTES OF THE MEETING OF MAY 20, 2024 CEQA: This is not a project as defined by CEQA. 24-205 Approved Pass
  29. 28 CLAIMS
  30. 4. CONSIDER DENYING LIABILITY CLAIM OF LAURA CAPITANA (DOL 3/24/24) CEQA: This proposed action is not a project as defined by CEQA. 24-200 Denied Pass
  31. 30 CITY COUNCIL AUTHORIZATION
  32. 5. 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). 24-176 Adopted Pass
  33. 6. 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. 24-181 Adopted Pass
  34. 7. 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. 24-199 Adopted Pass
  35. 8. 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. 24-211 Approved Pass
  36. 9. 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”). 24-210 Adopted Pass
  37. 10. 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. 24-212 Adopted Pass
  38. 11. 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. 24-213 Adopted Pass
  39. 12. 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. 24-217 Adopted Pass
  40. 39 * * * END OF CONSENT CALENDAR * * *
  41. 39 Respectfully Submitted, ____________________________ Dorothy Gantt, City Clerk ____________________________ Patricia Ponce, Mayor
  42. 40 PUBLIC HEARINGS
  43. 41 CITY COUNCIL DISCUSSION/CONSIDERATION
  44. 42 SUPPLEMENTAL MATERIALS (IF ANY)
  45. 13. 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. 24-206
  46. 44 MAYOR AND CITY COUNCIL ASSIGNMENTS REPORTS ▶ jump to 15:14
  47. 45 Mayor Patricia Ponce
  48. 46 Vice Mayor Arturo Cruz
  49. 47 Councilmember Elizabeth Pabon-Alvarado
  50. 48 Councilmember Rita Xavier
  51. 49 Councilmember Abel Pineda
  52. 50 ADJOURNMENT