CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, December 21, 2022
7:00 PM
COUNCIL CHAMBERS
525 HENRIETTA STREET, MARTINEZ, CA 94553
AND VIA ZOOM TELECONFERENCE
MEETING INFORMATION - This meeting will be conducted in-person in the City Hall Council Chamber and shall be broadcasted in real time via Zoom Video/Teleconference for the viewing and participation of the public. Printed handouts of the agenda, and any documents that are updated or added to Items less than 72 hours before the meeting, will be made available for viewing in the Council Chamber at the time of the meeting. Hard copies of documents relating to any of the specific items listed on the meeting agenda are available upon request to the City Clerk’s office.
Please visit https://martinezcityofca.prod.govaccess.org/government/meetings-and-agendas for
specific instructions and proper protocol during the meeting. If attending the Zoom meeting, please join us by choosing any of the following options:
1. Via Mobile Phone or Desktop, using the Zoom App direct link:
https://cityofmartinez-
org.zoom.us/j/98238642675?pwd=aTZRckd4cStYcU5WaG90UnpTWDQxZz09
2. Via Web Browser, from https://zoom.us/join
Webinar ID: 982 3864 2675
Passcode: 691897
3. Via Phone by calling (669) 900-6833 and enter the provided meeting details above.
* * * * * *
The City Council may discuss and/or take action on any or all of the items listed on the Agenda, irrespective of how the items are described.
CALL TO ORDER - PLEDGE OF ALLEGIANCE
ROLL CALL - Councilmembers Jay Howard, Debbie McKillop; Vice Mayor Mark Ross, Mayor Brianne Zorn
PRESENTATIONS
1. Receive and file the Measure D Citizens’ Oversight Committee Report. (Updated 12/20/22)
SR - Measure D Annual Report FY20-21
Attachment A - Measure D Oversight Committee Formation Bylaws Attachment B - Measure D Fund FY 2020-21 Audited
Attachment C - Measure D Fund FY 2017-18 to 2020-21
Attachment D - Measure D Fund FY 2021-22 Unaudited
2. Receive and file the Measure H Citizens’ Oversight Committee Report for FY 2020-21.
Staff Report - Measure H Citizens Oversight Committee FY 2020-21.docx Attachment A - Measure H - Citizens Bond Oversight Committee Bylaws.pdf Attachment B - FY 2020-21 Measure H Fund Summary by Year and Project Audited.pdf Attachment C - FY 2020-21 Measure H Fund Summary Project Expenditures Audited.pdf Attachment D - FY 2010 - 2021 Fund Summary by Year and Project Unaudited.pdf
3. Alhambra Highlands Update - John Muir Land Trust
PUBLIC COMMENT - on Items not on the Agenda
CONSENT CALENDAR
4. Motion waiving reading text of All Resolutions and Ordinances.
5. Motion to Approve City Council Action Minutes for December 7, 2022. (Updated 12/19/22)
Action Minutes 12-7-22 (Special Meeting)
Action Minutes 12-7-22 (Regular Meeting)
6. Adopt resolution authorizing the City Manager to execute agreements, subject to review and approval by the City Attorney, for consultant services with Carollo Engineers, Inc. for on-call water treatment plan services, and with PSOMAS for on-call water distribution system hydraulic modeling/GIS and project QA/QC review services, each in an amount not to exceed $250,000 annually, contingent on available annual budget appropriations or developer deposit balance for a total contract period of three years with an option to extend the agreement(s) for an additional one year. CEQA: Not a project per CEQA Guidelines Section 15378.
SR - On-Call Water Consultants
Resolution - On-Call Water Consultants
Attachment A
Attachment B
7. Adopt resolution finding the Morello Avenue Sidewalk Gap Closure Project (C2014) exempt per CEQA Guidelines Section 15301(c) and authorizing the City Manager to File a Notice of Exemption to the County Clerk of Contra Costa County (Program Supplement A091 for Project LPPSB1-5024(029)).
SR - Notice of Exemption for Morello Avenue Sidewalk Gap Closure Project (C2014) Resolution - Notice of Exemption for Morello Avenue Sidewalk Gap Closure Attachment A – Notice of Exemption
Attachment B – California Historical Resources Information System Results Memo
8. Adopt a Resolution Approving and Adopting the Pay Schedule to Ensure Compliance with the Public Employee Retirement Law (PERL).
SR - Fiscal Year 2022-23 Pay Scale
Resolution - Pay Scale
Attachment 1 - Pay Schedule Salary
Attachment 2 - MPOA Outgoing CM Wage Increase
9. Adopt a resolution authorizing the Mayor to execute a Fourth Amendment to Lease with the Martinez Yacht Club, and finding the action to be exempt under CEQA (California Environmental Quality Act) Guidelines Sections 15301 for existing facilities (Class 1).
SR - Yacht Club Lease Amendment #4
Resolution - Fourth Amendment to Martinez Yacht Club Lease Attachment A - Fourth Amendment to Martinez Yacht Club Marina Lease Yacht Club Marina Lease Amendments
10. Adopt a resolution authorizing the Mayor to execute a seventh amendment to the lease with Eagle Marine, and finding the action to be exempt under CEQA (California Environmental Quality Act) Guidelines Sections 15301 for existing facilities (Class 1).
SR - Eagle Marine Lease Amendment
Resolution - Eagle Marine Seventh Amendment
Attachment A – Seventh Amendment to Lease
Attachment B – Original Lease (with Amendments)
11. Consider a motion authorizing the Acting 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 to March 31, 2023.
SR - Old Train Depot Extension
12. Adopt a resolution authorizing the Acting City Manager to execute a purchase contract for mobile display terminals (MDTs) from Lehr Auto Electric, Inc. (LEHR) for patrol services in an amount not to exceed $112,000.
SR - Purchase of Mobile Display Terminals from LEHR
Resolution - Lehr Purchase Contract for Mobile Display Terminals
13. Motion to Approve December Check Reconciliation Register.
December Check Register
14. Adopt a Resolution accepting the Three City Paving Preventative Maintenance Project C1068, and Directing the City Clerk to file a Notice of Completion.
Three City Paving Preventative Maintenance Project C1068 Resolution - Three City Paving Preventative Maintenance Project C1068 Attachment 1 - Estimated Revised Quantities and Costs
Attachment 2 - Final Paysheet
Attahment 3 - Notice of Completion Form
GENERAL BUSINESS ITEMS
15. Receive report, hold discussion, and provide direction to staff to prepare documents
necessary to permanently vacate Pine Street between Main Street and Escobar Street pursuant to the provisions of the California Streets & Highways Code and subject to compliance with the provisions of the California Environmental Quality Act.
SR - Pine St Main to Escobar County Use
Attachment 1 - Signed NOE 2021
Attachment 2 - CCCAB Illustrative Plan with Street View
16. Adopt Resolution Ordering the vacation of a section of Pine Street between Escobar Street and Marina Vista Avenue, accepting the Offer of Dedication for relocated Pine Street between Escobar Street and Marina Vista Avenue. CEQA: Exempt Per Guidelines Section 15061 (b)(3).
(Updated 12/20/22)
SR - Vacation of Pine St Escobar to Marina Vista
Resolution - Vacation of Pine Street
Attachment A - Location Map
Attachment B - Resolution No. PC 20-001
Attachment C - DE.02 Quitclaim Deed V2
Attachment D - EA.17PA Grant of Storm Drain Easement V3 Attachment E - EA.17PA Grant of Water Line Easement V4
Attachment F - Executed Offer of Dedication Portion of Pine Street
17. Adopt resolution establishing a non-binding strategy to annex Alhambra Valley by the year 2030 in a single-phase approach and receive update on annexations.
SR - Alhambra Valley and Annexations Update
Resolution - Non-Binding Intent Alhambra Valley Annexation 2030 Exhibit A - Alhambra Valley Annexation
Attachment A - Map Showing Deferred Annexation Agreements Attachment B - Annexation Study Areas 2023
18. Receive 2022 Annual Tree Program Update and provide input to staff.
Annual Tree Program Update 2022
19. Receive report, hold discussion, and provide direction to staff regarding the termination of the local emergency in the City of Martinez in response to the COVID-19 pandemic. Staff recommends that the City Council make a motion to either:
A) Adopt a resolution proclaiming the end of the local emergency in the City of Martinez in response to the COVID-19 pandemic as of December 31, 2022; OR B) Postpone consideration of termination to the next regular meeting of the City Council meeting, January 18, 2023.
SR - Consideration to End the Local Emergency
Resolution - Termination of Local Emergency
Attachment A - CCCH Covid Orders Rescinded
Attachment B - CCCH Recommendations for Safe Public Meeting
PUBLIC HEARING ITEMS
20. Conduct a public hearing and at the conclusion of the public hearing adopt an ordinance repealing and replacing Chapters 15.04, 15. 05, 15.07, 15.08, 15.16, 15.20, 15.24, and
15.28 of Title 15 (Buildings and Construction) of the Martinez Municipal Code (MMC) to by adopt by reference Parts 2, 2.5, 3, 4, 5, 6, 9, and 11 of Title 24 of the California Code of Regulations, known collectively as the California Building Standards Code and respectively
as the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Fire Code as amended by the Contra Costa County Fire Protection District, and the California Green Building Standards Code and setting a public hearing for December 21, 2022, to adopt same - CEQA exemption pursuant to Title 14, Chapter 3, California Code of Regulations, Section 15061(b)(3).
SR - Building Codes 2022 Adoption
Ordinance - 2022 Building Codes
Exhibit A - 2022 Building Code
Exhibit B - 2022 Residential Building Code
Exhibit C - 2022 Green Building Code
Exhibit D - 2022 Energy Building Code
Exhibit E - 2022 Mechanical Building Code
Exhibit F - 2022 Plumbing Building Code
Exhibit G - 2022 Electric Building Code
Exhibit H - 2022 Fire Building Code
21. Hold a public hearing to consider introducing an ordinance amending section 5.29.270 of the Martinez Municipal Code pertaining to modifications to Commercial Cannabis Operators Permits (CCOPs), receive public comment, introduce the ordinance, and find the same is exempt from CEQA under Bus. & Prof. Code §26055(h), among other provisions.
SR - Cannabis Ordinance Amendment
Attachment A - Amendments
Attachment B - Chapter 5.29 Commercial Cannabis
CHIEF OF POLICE
22. Comments/Updates
CITY MANAGER
23. Comments/Updates
- Martinez Refinery Update
APPOINTMENTS
SUBCOMMITTEE REPORTS
CITY COUNCIL
24. Receive report, hold discussion, and provide direction to staff regarding the procedure to be used for conducting interviews and making an appointment for District 3 candidates during a special City Council meeting to be held on January 11, 2023.
SR - Interview and Appointment Process for Vacant D3 Seat
25. Comments/Updates
ADJOURNMENT - Adjourn to a Special City Council meeting on January 11, 2023 at 7p.m. I hereby certify this City Council Regular Meeting Agenda was publicly notified by 5PM on December 16, 2022.
Kat Galileo, Assistant City Clerk
Information for the Public
Any public record concerning an agenda item that is distributed to all or a majority of the City Council less than 72 hours before the meeting at which the item will be discussed or considered shall be available for inspection during normal business hours at the City Clerk’s desk on the second floor of City Hall, 525 Henrietta Street, Martinez, California 94553, and in the public binder at the meeting.
All meetings are held in the Council Chambers, unless otherwise noted. Staff reports are available for review in the City Clerk’s Office prior to the City Council Meeting and/or at the City Council Meeting; staff reports are available on the City’s website at www.cityofmartinez.org .
The Mayor accepts Public Comment on Agenda Items as they are discussed. Public Comment on items not on the Agenda can be addressed during the “Public Comment” portion of the meetings (kindly limit comments to 3 minutes on any one item). If you wish to be identified for the record, please state your name and present a Speaker Card to the Clerk.
The public is invited to attend Public Hearings and take the opportunity to speak. In accordance with Section 65009 of the California Government Code, anyone wishing to challenge action taken on any of these items in Court may be limited to raising only those issues he/she or someone else raised at the described Public Hearing or in written correspondence addressed and delivered to the City at or prior to the hearing.
"Motion for Reconsideration: A Councilmember voting with the majority on any item appearing on this agenda may move for reconsideration of that vote provided the motion is in conformance with the rules adopted by the Council governing such motions."
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (925) 372-3512. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements.
Note: Regular City Council Meetings are held on the first and third Wednesdays of every month at 7:00 pm in the City Hall Council Chambers. City Council normally adjourns for a Summer Recess during the month of August. Meetings are televised at 7:30pm on Friday following the Wednesday's meeting on:
Comcast channel 28, U-Verse channel 99, and Wave channel 29.