Action Minutes
City Council Regular Meeting
Wednesday, December 21, 2022 at 7:00 p.m.
Council Chamber – 525 Henrietta Street, Martinez, CA 94553
* Action Minutes provide an executive overview of decisions within a meeting. Full details are available via audio/video recording on our website and conveniently linked below, on each Item. Microsoft Internet Explorer browser is recommended for video-viewing compatibility, or enable Adobe Flash on your default browser.
ELECTED OFFICIALS CITY STAFF ON THE DAIS
Mayor Brianne Zorn
Vice Mayor Mark Ross
Councilmember Jay Howard
Councilmember Debbie McKillop
Present
Present
Present
Present
Mike Chandler, Acting City Manager
Lauren Sugayan, Acting Ass. City Mgr
Dan Pratt, Police Chief
Terri Highsmith, City Attorney
CALL TO ORDER
Mayor Zorn called the regular meeting to order at 7:02PM
PRESENTATIONS
1. Receive and file the Measure D Citizen’s Oversight Committee Report. a. Report by Carolyn Robinson, City Treasurer.
2. Receive and file the Measure H Citizen’s Oversight Committee Report for FY20-21. a. Report by Carolyn Robinson, City Treasurer.
3. Alhambra Highlands Update – John Muir Land Trust
a. Verbal presentation by Linus Eukel, Executive Director PUBLIC COMMENT – RESERVED FOR ITEMS NOT ON THE AGENDA
• Greg Travers comments on proposed placement of a fence around the bocce courts. • Gretchen suggests a pilot program to repurpose plastics. • Craig Lazzeretti comments on the refinery incident, Air District Board, • Tim Platt comments on Housing Element and Pine Meadow Park construction phases.
CONSENT CALENDAR
4. Motion waiving reading text of All Resolutions and Ordinances.
5. Motion to Approve City Council Action Minutes for December 7, 2022. • Pulled by CM McKillop
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 City Council Action Minutes
Wednesday, December 21, 2022
Section 15378.
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)).
8. Adopt a Resolution Approving and Adopting the Pay Schedule to Ensure Compliance with the Public Employee Retirement Law (PERL).
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).
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).
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.
• Pulled by CM Howard
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.
13. Motion to Approve December Check Reconciliation 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.
Speakers: • None
Public
Comment:
• None
Closing
Comment:
• None
Motion to: Approve Consent Calendar Items #4, 6-10, 12-14 Motion by: Mark Ross Seconded By: Debbie McKillop
Motion
passed
4 - 0
Brianne Zorn Aye Jay Howard Aye
Mark Ross Aye Debbie McKillop Aye
5. Motion to Approve City Council Action Minutes for December 7, 2022. • Pulled by CM McKillop
Speakers: • None
Public
Comment:
• None
City Council Action Minutes
Wednesday, December 21, 2022
Closing
Comment:
• CM McKillop pulled to request inclusion of special tribute for Lara DeLaney and Rob Schroder. Gift basket was gifted to each which contained various Martinez swag.
Motion to: Approve minutes with inclusion of tribute remarks from CM McKillop.
Motion by: Mark Ross Seconded By: Jay Howard
Motion
passed
4 - 0
Brianne Zorn Aye Jay Howard Aye
Mark Ross Aye Debbie McKillop Aye
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.
• Pulled by CM Howard
Speakers: • None
Public
Comment:
• None
Closing
Comment:
• CM Howard pulled so he could abstain.
Motion to: Authorize Acting City Manager to extend timeframe to continue negotiating with Historical Society for use of the Old Train Depot.
Motion by: Mark Ross Seconded By: Debbie McKillop
Motion
passed
3 – 0; 1
Abstain
Brianne Zorn Aye Jay Howard Abstain
Mark Ross Aye Debbie McKillop Aye
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.
Speakers: • Randy Leptien, Acting City Engineer and Eric Angstadt, Chief Assistant County Administrator
Public
Comment:
• None
Closing
Comment:
• Council unanimously agreed on and directed staff to move forward with option 1.
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).
Speakers: • Randy Leptien, Acting City Engineer
Public
Comment:
• None
City Council Action Minutes
Wednesday, December 21, 2022
Closing
Comment:
• CM McKillop comments on the renaming of the building.
Motion to: Adopt Resolution Ordering the Vacation of Pine Street Motion by: Jay Howard Seconded By: Debbie McKillop
Motion
passed
4 - 0
Brianne Zorn Aye Jay Howard Aye
Mark Ross Aye Debbie McKillop Aye
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.
Speakers: • Michael Chandler, Acting City Manager; Randy Leptien, Acting City Engineer
Public
Comment:
• None
Closing
Comment:
• CM McKillop comments on designation of white out area (unincorporated land).
• CM Howard echoes McKillop’s comments.
Motion to: Adopt resolution establishing a non-binding strategy to annex Alhambra Valley by the year 2030
Motion by: Debbie McKillop Seconded By: Jay Howard
Motion
passed
3 – 0; 1
Recused
Brianne Zorn Aye Jay Howard Aye
Mark Ross Recused Debbie McKillop Aye
18. Receive 2022 Annual Tree Program Update and provide input to staff.
Speakers: • Michael Chandler, Acting City Manager; Joe Becker, Public Works Superintendent
Public
Comment:
• None
Closing
Comment:
• Mayor Zorn comments on public’s concern regarding lack of trees, and recommendations to expand tree program.
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.
Speakers: • Kat Galileo, Assistant City Clerk
Public
Comment:
• Anamarie Avila Farias commented on keeping hybrid model for meetings.
Closing
Comment:
• Council unanimously agreed on option B due to increase of illness and exposure during the holidays.
Motion to: N/A
City Council Action Minutes
Wednesday, December 21, 2022
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).
Speakers: • Dave Scola, Public Works Director
Public
Comment:
• None
Closing
Comment:
• Mayor Zorn clarifies if the Fire Codes include changes made when Council adopted high fire risk maps and codes earlier in the year.
Motion to: Adopt the ordinance as written
Motion by: Jay Howard Seconded By: Debbie McKillop
Motion
passed
4 - 0
Brianne Zorn Aye Jay Howard Aye
Mark Ross Aye Debbie McKillop Aye
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.
Speakers: • Michael Chandler, Acting City Manager; Terri Highsmith, City Attorney Public
Comment:
• Craig Lazzeretti urges Council to amend the ordinance further to resemble other County ordinances.
• Farid Harrison, CEO of Velvet, provides context regarding their business and expansion.
Closing
Comment:
• CM McKillop supports more structure and being able to define modifications.
• Mayor Zorn echoes McKillop’s comments and confirms next steps in the process of passing the Ordinance.
Motion to: Introduce amendments as proposed
Motion by: Mark Ross Seconded By: Jay Howard
Motion
passed
4 - 0
Brianne Zorn Aye Jay Howard Aye
Mark Ross Aye Debbie McKillop Aye
City Council Action Minutes
Wednesday, December 21, 2022
CHIEF OF POLICE
22. Comments/Updates
• Interim Chief Pratt announces last meeting, provides parting comments, praises HR.
• Council makes parting comments and praises Chief’s work with the City.
CITY MANAGER
23. Comments/Updates
• Parting comments to Interim Chief Pratt
• Introduces Michael Cass, new Planning Manager
• Martinez Refinery Update
o WTP water testing
APPOINTMENTS
None
SUBCOMMITTEE REPORTS
None
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. • Mayor Zorn pushed this item near the top of the agenda (00:55:14 in video) Speakers: • Kat Galileo, Assistant City Clerk
Public
Comment:
• Logan Campbell comments on public comment during interview process. • Craig Lazzeretti suggests Council disclose any ties to candidates. • Tim Platt comments on nomination process, and time limits for responses. • Gretchen echoes Tim Platt’s comments and comments on District 3 boundaries.
Closing
Comment:
• Council agreed to: (1) Setting candidate statement time to 5 minutes, (2) create standardized list of questions for Council, (3) posting of questions to the agenda, (4) setting 90 second limit on Candidate answers to Council questions, (5) create worksheet for Council to score Candidates, (6) selection of “narrowing the field” process.
25. Comments/Updates
• CM Howard thanks everyone who has supported him as he transitions into his role as Councilmember.
• VM Ross wishes everyone happy holidays and answers a public comment posed earlier in the meeting.
• CM McKillop wishes everyone happy holidays and to be safe during travels. • Mayor Zorn comments policy and educational opportunities regarding refinery information; speaks on opportunity provided by gift4martinez.
City Council Action Minutes
Wednesday, December 21, 2022
ADJOURNMENT
Mayor Zorn adjourned the meeting at 10:54PM.
_______________________________
Brianne Zorn, Mayor
Kat Galileo, Assistant City Clerk
12/21/22