Action Minutes
City Council Regular Meeting
Wednesday, July 6, 2022 at 7:00 p.m.
Council Chamber – 525 Henrietta Street, Martinez, CA 94553
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Elected Officials City Staff on the Dais
Mayor Rob Schroder
Vice Mayor Lara DeLaney
Councilmember Debbie McKillop
Councilmember Mark Ross
Councilmember Brianne Zorn
Present
Present
Present
Present
Present
Eric Figueroa, City Manager
Jeff Walter, City Attorney
Lauren Sugayan, Deputy City Manager
Nick Villanueva, IT Administrator
Call to Order – Pledge of Allegiance
Mayor Rob Schroder called the Regular Meeting order at 7:03 PM
Urgency Item (00:01:45 in video)
1. Adopt a resolution, approving the continued use of teleconferencing through the end of July 2022, for public meetings by each City legislative body except the City Council, pursuant to the provisions of AB 361.
• Item #5 added and reads as follows: Less than a quorum of City Council members may elect to participate in a regular or special open session City Council meeting if necessitated by illness or quarantine requirements as long as a quorum of the City Council members are physically present in the City Council Chamber to conduct the meeting.
Speakers: • None
Public
Comment:
• None
Closing
Comment:
• None
Motion to: Adopt resolution approving the continued use of teleconferencing for July 2022.
Motion by: Debbie McKillop Seconded By: Brianne Zorn
Motion
passed
3-0;
2 Absent
Rob Schroder Aye Debbie McKillop Aye
Lara DeLaney Absent Mark Ross Absent
Brianne Zorn Aye
Public Comment – Items not on the Agenda (00:04:00 in video) • Lisa Bonnington – New President and CEO of Chamber of Commerce. Hopes to interact and learn more about the City, initiatives, and work closely on mutual goals.
City Council Action Minutes
Wednesday, July 6, 2022
• Lisa Kirk – With Contra Costa SPCA, hasn’t seen on our agenda the request of $3 per capita increase for animal services and addresses a few concerns such as cut services, injured/sick wildlife care, requests them to carefully review contracts, and will be coming to Council in the future to ask for money to help with subsidization of non-mandated services.
• Linda Deschambault – With CCC Climate Leaders, and thanks Council for passing Climate Emergency Resolution and wants to follow up on status and next steps to developing policies that require all new construction to be fully electric. • Jack Hidley – Talks about how the parking meters and how they are un-usable, displays not visible and other issues. States they should either be removed or make them functional again.
• Christine – Muir Oaks subdivision homeowner, fire hydrant flow test recently conducted showed inadequate water pressure. It’s currently fire season, and owners are concerned and would like to know what Council is going to do to support the subdivision and to remedy the issue.
• Matt Collins - Muir Oaks subdivision homeowner, trying to develop a working relationship with the City. There are multiple, yearlong maintenance issues that have remained unaddressed due to the City staff turnover. Matt would like to get a City contact so the subdivision can develop a strong partnership with the City to address the concerns.
• Annie Wright – With Animal Rights Coalition, concerned with the agreement with CC Animal Services. States a large amount of the population feels this is a terrible agreement and states various reasons. It’s inhumane, leaves animals suffering and leaves it up to the citizens to find help. Asks the City to negotiate a fair and equitable join power agreement.
• Peter Eisenburg - Muir Oaks subdivision homeowner, reiterates what Christine and Matt stated, when power is out there is no water being pumped to those who live on the hill and creates a bigger fire risk with an inadequate fire hydrant. Would like to meet with someone in City to share concerns and discuss possible solutions. • Kristen Henderson – Requests agenda item #5 is pulled as the City is using this as a political platform and paying this individual to lie about history.
Presentations (00:24:00in video)
• Proclamation – Police Officer of the Year: Officer Tyler Green o Mayor recited Proclamation verbatim.
• Proclamation – Staff Member of the Year: Alisha Cannon o Mayor recited Proclamation verbatim.
Consent Calendar (00:27:00 in video)
2. Waive reading of and introduce and/or adopt all Ordinances by title only.
3. Motion approving City Council Action Minutes, dated June 15, 2022
4. Adopt the Use of Military Equipment by the Martinez Police Department Ordinance and Policy, in compliance with Government Codes 7070, 7071, and 7072. • Item pulled by CM Zorn for further discussion
City Council Action Minutes
Wednesday, July 6, 2022
5. Consider a motion authorizing the City Manager to extend timeframe to continue negotiating exclusively with the Martinez Historical Society for use of the Old Train Depot located at 601 Marina Vista Avenue.
Speakers: • None
Public
Comment:
• None
Closing
Comment:
• None
Motion to: Approve Consent Calendar items #2, 3 and 5
Motion by: Debbie McKillop Seconded By: Brianne Zorn
Motion
passed
5-0
Rob Schroder Aye Debbie McKillop Aye
Lara DeLaney Aye Mark Ross Aye
Brianne Zorn Aye
4. Adopt the Use of Military Equipment by the Martinez Police Department Ordinance and Policy, in compliance with Government Codes 7070, 7071, and 7072.
Speakers: • Interim Chief Dan Pratt
Public
Comment:
• None
Closing
Comment:
• CM Zorn wanted to clarify Council is not procuring Military Equipment, the City is mandated by the state to document military equipment, and address any last minute concerns from citizens
Motion to: Approve Consent Calendar items #4
Motion by: Lara DeLaney Seconded By: Brianne Zorn
Motion
passed
5-0
Rob Schroder Aye Debbie McKillop Aye
Lara DeLaney Aye Mark Ross Aye
Brianne Zorn Aye
General Business Items (00:32:20 in video)
6. Receive report, hold discussion, and adopt resolution approving the Public Art Policy.
Speakers: • Staff Report by Mike Chandler, Assistant City Manager Public
Comment:
• Jeff Sherwin – Is an artist currently working on a mural project at Alhambra Way. Thanks Council for their work on this policy.
Closing
Comment:
• Mayor inquires how proposed policy affects current murals. • CM Zorn, excited to see this policy come to Council, has a concern regarding maintenance and upkeep, and if the City needs to expand that part of the policy or if it’s OK with how it is currently written. • CM McKillop is glad the City included process for removal and decommissioning murals. Confirms the application is completed online and questions what the process for review is.
• VM DeLaney did not see developed in the policy was the longevity of the art and what is considered temporary. Supports CM Ross’ remarks and would like to make amendment regarding proposed duration of the project. • CM Ross states Martinez is a crafty town. The arbiter must discern aesthetic, the longevity of the art piece (which should be noted by the City Council Action Minutes
Wednesday, July 6, 2022
Artists), and the longevity of the review process. The City should include a pathway for art to be collected after recommissioning, and for the budget to have line items for installation and other aspects of this policy.
Motion to: Adopt resolution approving the Public Art Policy with amendment to policy and/or application to include proposed duration of art piece.
Motion by: Lara DeLaney Seconded By: Mark Ross
Motion
passed
5 – 0
Rob Schroder Aye Debbie McKillop Aye
Lara DeLaney Aye Mark Ross Aye
Brianne Zorn Aye
Public Hearing Items (01:12:00 in video)
*** CONVENE AS THE BOARD OF DIRECTORS OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 6 ***
7. 1. Conduct Public Hearing; Receive Oral Comments and Written Protests.
2. Close the Public Hearing.
3. Determine Whether a Majority Protest to the Proposed Increase in the Sewer Service Charge Exists or Does Not Exist.
4. Introduce Ordinance No. 010 SD-6 Accepting Revisions to the Annual Written Report, Establishing the Amount of the Annual Sewer Service Charge per Unit in Contra Costa County Sanitation District No. 6 for the 2022-23 Fiscal Year and Directing that the Charge be Collected on the County Tax Roll as Follows:
a) If a Majority Protest to the Proposed Increase Exists, in the amount of $1,950. b) If a Majority Protest to the Proposed Increase Does Not Exist, in the Amount of $2,450 or any lesser amount the Council determines.
5. Continue the Adoption of the Ordinance to July 20, 2022, for a Second Reading.
Speakers: • Staff Report by Ali Hatefi
Public
Comment:
• Scott Gordon – States this is unfortunate and avoidable. The parties failed to hold dialog on what was needed and what would work, had since last June to discuss, it was a missed opportunity and shouldn’t be missed next year.
Closing
Comment:
• Clerk’s Office received 30/47 protest votes against proposed $500 increase, item cannot move forward in terms of a prop 218 election, comment can be taken, but no action can be made. Item 1A can be heard, commented and voted on to reinstate the existing fee.
• CM McKillop inquiries how long it has been since last increase. • CM Zorn clarifies the annual fee goes into escrow for failures/upgrades of the system; Confirms how a large failure of the system would be funded; confirms process if Council decides to increase the fee by $300 which was acceptable by the Board.
• VM DeLaney states an increase is overdue, requests confirmation there is currently no option for Council to proceed in accepting the $300 increase approved by the Board. The community is affluent/well off and should be able to absorb some increase.
• CM Ross states homeowners sent a letter they would do $300 a year for 3 years, and confirms Council can’t engage in this offer; also confirms, should City Council Action Minutes
Wednesday, July 6, 2022
exigency arise, the City can’t back bill the HOA/Homeowners for the emergency work done.
Motion to: Adopt an ordinance finding that a majority proposed has been submitted and establish the amount of the Annual Sewer Service Charge as $1950 Motion by: Brianne Zorn Seconded By: Debbie McKillop
Motion
passed
4 – 0;
1 Absent
Rob Schroder Aye Debbie McKillop Aye
Lara DeLaney Aye Mark Ross Absent
Brianne Zorn Aye
*** ADJOURN AS THE BOARD OF DIRECTORS OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 6 AND RECONVENE AS THE CITY COUNCIL OF THE CITY OF MARTINEZ ***
8. Conduct Public Hearing then Adopt:
A. Resolution Finding There has been No Majority Protest to Proposed Water Consumption Pricing Adjustment Up to $0.88 per unit (748 gallons) of Treated Water Used, Establishing the Proposed Pricing Adjustment and Amending Section 14, Schedule of Fees and Rates, of the City of Martinez Regulations Governing Water Service; and
B. Resolution Establishing the City of Martinez 15% Drought Management Plan Consistent with Stage 2 of the Water Shortage Contingency Plan as Directed by the Governor's Executive Order N-7-22 and transferring $218,000 from General Fund Unassigned Fund Balance to the Water Fund to Offset Anticipated Revenue Reductions Related Thereto.
Speakers: • Staff Report by Ali Hatefi
Public
Comment:
• John Landeray – Tries to conserve and does not agree with price increase as over the years he has received many increases.
• Charles Burnash – Questions whether statewide edict from Sacramento should apply to raw water pumped by CCWD. Water rates in Martinez are 50% higher than 4 years ago and have increased each year. The usage charge was already raised 10% in April and this charge adds another 15%.
The increases are excessive.
• Unknown – Asks if owners with pools and consumption have been discussed. Does not want to pay the increase, it is not the right way, but should be looked at properly in all ways.
• Jack Hidley – Sent unsigned protest to Clerk’s office and is invalid. Notice for public hearing doesn’t explain this process upfront properly. Lives in HOA that completely controls water use. He is going to get a large water bill, and has concern he’s being charged fees for something he can’t control.
• Brian Yuraka – loves living in Martinez, understands the rate increase is a necessity. If the drought continues, and this surcharge comes back, a tiered rate is a positive thing to consider. Future water wars is a fear, and the City has taken these concerns into consideration so they can develop a plan for what the future brings.
Closing
Comment:
• Clerk’s Office confirms 5,000 protests have not been received.
City Council Action Minutes
Wednesday, July 6, 2022
• Mayor requests clarification on slide 9, regarding credit for customers using less than 200 gallons per day and the subsidization of the credit with the General Fund. The City mirrors the CCWD regarding the drought management plan.
• CM Zorn had concerns about enforcement, hopes everyone reads the rules, understands the implications and is self-regulating this. Inquiries if any additional outreach is needed.
• CM McKillop asks if the information will be articulated through the water bill or other means.
• VM DeLaney thinks water costs are high in Martinez, but it’s the price paid for good quality water. Drought is beyond control and these are the needed measures to be taken. States the surcharge is based on water use for same billing period, inquires what happens in the event the household size changes and how it’s taken into consideration. Asks staff for clarification on some of the amendments proposed such as guidelines of when not to water and use of a two tier system; asks what ability does council have to make any adjustments and what outreach has been conducted with HOA and multi-unit housing.
Motion to: Adopt Resolution Finding There has been No Majority Protest and establishing the Proposed Pricing Adjustment and Amending Section 14 Motion by: Brianne Zorn Seconded By: Debbie McKillop
Motion
passed
4-0;
1 Absent
Rob Schroder Aye Debbie McKillop Aye
Lara DeLaney Aye Mark Ross Absent
Brianne Zorn Aye
Motion to: Adopt Resolution Establishing the City of Martinez 15% Drought Management Plan Consistent with Stage 2 of the Water Shortage Contingency Plan and transferring $218,000 from General Fund Unassigned Fund Balance to the Water Fund.
Motion by: Lara DeLaney Seconded By: Brianne Zorn
Motion
passed
4-0;
1 Absent
Rob Schroder Aye Debbie McKillop Aye
Lara DeLaney Aye Mark Ross Absent
Brianne Zorn Aye
Chief of Police (02:27:36 in video)
• Shout out to those who made the 4th of July event a success: CERT, Lauren and Don. • By next Council meeting should have new Police Assistant and Police Officer on boarded. Recruitment for second Police Assistant should be on it’s way.
City Manager (02:30:50 in video)
9. Recap of June 29, 2022 ARPA funding priorities discussion and next steps. • Council in agreement on following priority projects: Water Main Replacement, ARDPIE Task Force funding, Community Emergency Response Team grant, fire prevention funding, Alhambra Highlands consultant assistance, Breakwater City Council Action Minutes
Wednesday, July 6, 2022
Improvements, Boys and Girls Club roof replacement, paper street planning and study, expansion of City’s sidewalk safety program, and establish a community grant fund.
o Eden Housing/Riverhouse Loan Forgiveness to be removed from ARPA list/funding
• Council in agreement on following projects to conduct further study: Quiet Zone for trains, beautification of entryways and downtown plaza, housing for the unhoused, renovating tennis/pickleball courts, and fund construction of Pine Meadows Park. • Council in agreement on listed projects deferred/alternate funding. o Move gift card reward program to further study.
Appointments to Commissions and/or Agencies
None
Subcommittee Reports
None
City Council (03:04:00 in video)
10. Receive presentation summarizing the key findings and recommendations of the Downtown Parking Study, completed by Nelson\Nygaard Consulting Associates, Inc., and provide direction to staff regarding which recommendations should be advanced toward implementation.
Speakers: • None
Public
Comment:
• None
Closing
Comment:
• Council voted to move agenda item to next Council meeting.
City Council (03:05:35 in video)
Comments
/Updates
• CM McKillop thanks everyone who made the 4th of July a success. • CM Zorn agrees with CM McKillop, would like to discuss more about the fireworks, thanks community for not discharging personal fireworks, wonderful turnout for Women’s Reproductive rights rally, and next General Plan meeting is July 27
th.
• VM DeLaney echoes comments regarding 4th of July and rally. Wants to remind folks to attend Sturgeon’s All Star game on the 10th. • CM Ross thanks staff for their efforts on the 4th of July. • Mayor Schroder was impressed with the 4th of July event, will be out of town from the 9th to 19th.
City Council Action Minutes
Wednesday, July 6, 2022
Adjournment
Mayor Schroder adjourned the meeting at 10:36 PM.
_______________________________
Rob Schroder, Mayor
Kat Galileo, Assistant City Clerk
9/15/22