MINUTES
JOINT MEETING OF THE
GONZALES CITY COUNCIL,
SUCCESSOR AGENCY, AND
GONZALES PUBLIC FINANCING AUTHORITY
MONDAY, NOVEMBER 7, 2022
6:00 P.M.
CALL TO ORDER
The meeting was called to order at 6:00 PM by Mayor Jose L. Rios.
PLEDGE OF ALLEGIANCE
The flag salute was recited by all present.
ROLL CALL
Attendee Name Title Status
Jose L. Rios Mayor/Chair Present
Scott Funk Mayor Pro Tem/Vice Chair Present
Liz Silva Council/Board Member Present
Lorraine Worthy Council/Board Member Present
Paul Miller Council/Board Member Excused
YOUTH COMMISSIONERS
Sherlyn Flores and Luke Naegle.
STAFF PRESENT
Interim City Manager Carmen Gil, City Attorney Michael F. Rodriquez, Community Development Director Taven Kinison Brown, Finance Director Mike Howard, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, Administrative Assistant II Miranda Uribe, Public Works Director/City Engineer Patrick Dobbins, Fire Chief Jason Muscio, and Police Chief Keith Wise. * Successor Agency Item
Financing Authority Item
PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may participate in person or online via zoom at https://us06web.zoom.us/j/82786844553 or call 1-1669-900-6833 and use Meeting ID: 827 8684 4553. If you wish to make either a general public comment or to comment on a specific agenda item, please use the Raise Hand function. You will be allowed three minutes for your comments.
Council Member Silva read the following message:
If you choose not to attend the City Council meeting but wish to make a comment on a specific agenda item, please submit your comment limited to 250 words or less by 12:00p.m. on Monday, November 7th to the City Clerk at [email protected]
BUSINESS FROM THE PUBLIC
2. Business from the Public not on the Agenda; any member of the Public may address the Council for a period not to exceed three minutes on any subject not on the Agenda. The Council will listen to all communications, but may take no action.
Henry Martinez Jr., 114 Tenth Street, commented everybody is going crazy during elections, false accusations, signs missing and that people are blaming him; that California Penal Code prohibiting people from making a false police complaint; no actions being done; being accused of different and accusations coming from the same group of women under Maria Orozco; told Mayor Rios and Council Member Worthy they had his full support; and said he was opposed to having the same regime coming back and wanted to do something about it.
Henry Martinez Sr. commented about needing more officers on the street; asking officers to wear their body cams; needing the Chief and Captain on the streets patrolling; officers picking and choosing who they ticket; parked vehicles not being ticketed; DUI issue, etc; stated he wanted to retire from his activism but wanted the Captain, Sergeants, Corporals and the Chief fired.
Dr. Matty Zamora, Gonzales Unified School District Superintendent, introduced herself and said she was excited to be in Gonzales. She also introduced Chief Business Officer Joannie Lumbra, Assistant Superintendent of Educational Services Yolanda Barba, and Director of Human Resources Roxanne Regules. She said it was exciting and wonderful to work for the students who give it their best, and they will make sure they’re always taking care of our students when they're under their guidance. And also ensure that the teachers have all the skills and knowledge to continue to give students a strong academic program.
Roman Barba, 123 Second Street, talked about the past Superintendent and past School Board President who were against a community center; wondered if the school would show support now; talked about being confronted while campaigning; asked about the loud music with bands and mariachis in Central Park every weekend; asked if they had a license to be out there; was excited about the trees getting taken down for the community center; he knew they didn't have all the money, and only have $25 million but suggested doing it in phases and build whatever is going to bring us money; and he also stated that people are complaining about sidewalks being lifted on Fanoe Road.
Bob Krauth, 703 Colombard Circle, commented about Gonzales having roughly 3,000 registered voters and unfortunately, well over 80% of them had not voted yet as of today and worried the rain will decrease the turnout; recommended lending family or friends a rain coat and getting them out there to vote; having candidates and several issues not only locally, but for the county, as well as the State and the federal level; and he stressed it was important that we get our turnout and show the rest of the country, what democracy really means.
CONSENT AGENDA
3. Approve the Joint City Council and Successor Agency - Regular Meeting - October 17, 2022 Minutes
4. Approve the Joint Gonzales City Council and Soledad City Council - Special Meeting - October 25, 2022 Minutes
5. Approve City Accounts Payable Warrants #47725-47853
6. Consider Approval of Resolution No. 2022-76, A Resolution of the City Council of the City of Gonzales Approving the Purchase of the Tyler Technologies Financial System Upgrade, and Authorizing the Interim City Manager to Execute an Agreement for the System Acquisition and Services in the Amount of $127,874
7. Adopt the Updated Version of the City of Gonzales Emergency Operations Plan, Including the Recently Added Section for Emergency Communications
8. Review and Accept the 2022 Annual Public Financing Authority Report
9. Update on the DR Horton Who is Considering Constructing a Residential Development Project on the D’Arrigo Bros Property
City Attorney Rodriquez pulled item 6 for discussion purposes. He mentioned there were two items on the agenda for the purchase of technological equipment, which were items 6 and 13, in both cases, there was no bidding involved, and the staff reports and resolutions failed to notice that we have exceptions that allow for the City to suspend the bidding process under certain circumstances which was the case here. He said there's an exception that allows you to make a selection of technological equipment on the basis of suitability of the equipment the City needs, both are contained in section 3.16.050 of the code and by reference today, staff is asking for the Council’s approval of item 6 incorporating the use of those two exceptions.
RESULT: APPROVED [UNANIMOUS] to include the bidding exceptions amendment to item 6
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy EXCUSED: Paul Miller
REGULAR AGENDA
10. Continue the noticed Public Hearing Regarding Ordinance No. 2022-135, An Ordinance of the City Council of the City of Gonzales Repealing and Rescinding “Title 11 - Building Regulations,” of the Gonzales City Code (Ordinance 2019-114); and Adopting a New “Title 11 - Building Regulations,” of the Gonzales City Code by Adoption of Referenced California Codes and Amendments
Community Development Director Kinison Brown asked for continuance of this item to December 5 th so staff can correct the public notice and refine local enhancements to the code. He added that the building code goes into effect on January 1st.
*
Mayor Rios opened the public hearing at 6:20pm.
Public Hearing: No comments came forward.
Being there no comments from the public, Mayor Rios closed the public hearing at 6:20pm.
No action required.
11. Presentation on the City of Gonzales Measure P
Mayor Rios asked if this would have been an item we should have brought up back in September or October since like the gentleman earlier noted that some people have already voted.
City Attorney Rodriquez responded that it was fine to have this item on the agenda this evening since that’s what the Council asked for at the previous meeting, and a presentation was prepared, and tomorrow is election day. He said it was good to explain to folks before they go vote. He mentioned they also indicated some folks have voted, and there was also a reference that 80% of people in Gonzales have still not voted. He said it was the Council’s pleasure if they want to have staff do the presentation, if not, it’s part of the record and anybody who wants to look at the pros and cons with respect to Measure P, can do so.
Interim City Manager Gil added that the Council also approved a resolution on Measure P at the last meeting, and there was an ask to go deeper and explain what Measure P was for in case anybody else had further questions. She said it was the Council’s discretion, and the slides in the packet were available to the public, but she can answer any questions they had.
Council Member Worthy agreed with the Mayor and thought the biggest issue for people to understand was that their taxes are not going up, that this is just an extension of the Measure X to 2064, which we already did. She thought it was a big misconception that a lot of the people in our community have. She asked people to go out and vote.
Council Member Silva mentioned that out of courtesy to staff who spent the time to prepare the report, she would like to hear the report and also asked if we had to have the 50% plus one to pass the measure.
City Attorney Rodriquez responded Measure P must pass by a majority, which is 50% plus one.
Council Member Silva asked if it did not pass, how does that affect moving forward with our community center.
Interim City Manager Gil mentioned that the passage of Measure P would help us potentially generate additional funding that could allow us to go after the USDA loan. If it didn’t pass, we would have to look at other places for the financing of the project. She went over the presentation slides where she explained Measure K and Measure X which are now combined into one measure; extending the life which encompasses both measures; oversight committees would continue; what funds can be used for specific areas; funds for current programs; Measure P not being an additional tax, it was just to extend the life of those two.
Council Measure Silva asked if it passed, will it combine into one letter? Interim City Manager Gil explained that Measure K and Measure X will be under Measure P, but staff will still separate them when collecting the amounts.
Public Comment: Roman Barba, 123 Second Street, talked about the last measure that didn’t pass; wondered if the school would support this because they have a school board member who is trying to get reelected and is against the community center; suggested getting the school to support it and build something that’s going to generate funds like renting spaces.
Henry Martinez Jr. commented about not knowing anything about it and thinking it was more taxes again; not voting yet; suggested for the future to put it out there other than website because a lot of people don’t look at it because it’s horrible; and to figure out ways to get it out there like in the mailers.
Henry Martinez Sr. agreed with his son and said he didn’t know about the measure either and was still trying to figure out their taxes from the other bonds they put on their properties; hoped they can get this because the community center was promised long time ago.
Council Discussion: Mayor Rios concurred with the comments regarding the lack of information and thought as a City, we need to do that a little bit better. He hoped to talk to the Youth Council to see if they can help since they’re tech savvy. He also talked about what’s starting at the site with the trees being removed, and there will be at least the Library and the Innovation Center which started this kind of thought process. He thought that would be a good place for both our seniors and all the kids in the school to be able to have a place that they call their own. And maybe come up with some brighter ideas down the road to figure out how to finance this thing better than we did. He was optimistic by the youth of our community since they are our future. He hoped they will look at some things as we move down the road, and we get as much as we can built, and the Public Works Director got the ball moving by removing the trees.
12. Presentation on the Funding and Schedule for the Industrial Wastewater System Project Staff Report: Public Works Director/City Engineer Dobbins presented the staff report.
Public Comment: There was none.
Council Discussion: Council Member Silva asked where wastewater went after it has been treated.
Public Works Director Dobbins responded it goes into the ground whether there's treatment ponds, clarifying ponds and then percolates into the ground and goes back into the aquifer.
Mayor Rios was under the impression there was an economic development package, which meant that if you created jobs, there was opportunity to apply for those types of funding. He asked if we had a loan program because we are creating jobs at the industrial park.
Public Works Director Dobbins said that was the Economic Development Agency, which was a source of money to start the first phase, or the infrastructure for the business park about 16 years ago. He added there have been other conversations with EDA staff about extending the roads and that was looked at for this but ended up with the State Revolving Fund, which is a low interest loan.
Mayor Rios asked if there was a possibility to look at it again as an option.
Interim City Manager Gil responded staff can definitely look at it and see what criteria fit or if it is even an option.
Mayor Rios said yes because as he understands we still have Concentric possibly moving into the
industrial park and Braga has indicated the same once we have a capacity to expand their facilities, as well as Mann Packing.
Public Works Director Dobbins indicated staff will follow up on that. He said there's a mention in the staff report that we're going to seek the SRF loan, and assuming once we execute the agreement and go down that path, that we're going to seek loan forgiveness because that is available for disadvantaged communities.
No action required.
13. Consider Approval of Resolution No. 2022-77, A Resolution of the City Council of the City of Gonzales Authorizing Execution of a Quote from Alvarez Technology Group to Replace the Computer Servers for City Hall and Police Station in the Not-to-Exceed $135,000 Staff Report: Public Works Director/City Engineer Dobbins presented the staff report.
City Attorney Rodriquez referenced the fact that as part of the adoption of the resolution before the Council that they will also consider an amendment to the resolution to add a reference to a bidding exception, which is exception 4, Section 3.16.050 of the Gonzales City Code. He explained that is the exception that allows us to purchase equipment without bidding when the equipment that the City is picking is based on the suitability of the equipment for the City's needs, and not just the basis for the price. He added that is why we rely on Alvarez for their expertise to make the recommendations of the equipment needed.
Public Comment: Henry Martinez Sr. commented about needing more patrol officers on the street; stated there was no need for Chief to attend a conference in Texas; that money can be used for the technology.
Henry Martinez Jr. asked if they were going through the same company as always.
Mayor Rios responded there is an exception here because of who we've used for a long time, and there are options that were made available, and they were willing to do it during Christmas. He said it makes sense because they know our equipment and what needs to happen.
Mr. Martinez Jr. continued commenting he knows servers and you pay what you get and encouraged paying a little bit more to get better quality.
Council Discussion: Council Member Silva noticed some of the assessment districts funds are being used to the tune of about $24,000, and realized the general fund is taking the bigger chunk of it, but asked if there are no funds at the Police Department for those purposes.
Finance Director Howard responded when we take from the general fund, it actually encompasses every department in the general fund, which includes Public Works, Fire, Police, etc.
Council Member Silva asked why the assessment districts are being utilized.
Finance Director Howard responded because just like the enterprise funds are utilized, the financial software will help to regulate and to keep the separate accounting functions for each of those entities. This is an allowable expense for having to track the bonds, the property or the assessments, recording and making the payments, as well as doing all the financial accounting and auditing for each individual assessment district.
Council Member Silva suggested maybe we can set aside $20,000 a year for every year going forward in the next six or seven years, so by the time we're ready to have to replace it, we would hav the funds to do it.
Finance Director Howard said that was an ideal situation and maybe we can start looking at the budgets.
RESULT: APPROVED [UNANIMOUS] Resolution No. 2022-77 including the bidding exceptions amendment
MOVER: Lorraine Worthy, Council Member
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy EXCUSED: Paul Miller
14. Consider Approval of Resolution No. 2022-78, A Resolution of the City Council of the City of Gonzales Accepting $500,000 in Grant Funding from the California Public Utilities Commission’s “Local Agency Technical Assistance Program,” and Execute A Memorandum of Understanding with Golden State Connect Joint Powers Authority to Support the City’s Involvement in the South Salinas Valley Broadband Authority Staff Report: Public Works Director/City Engineer Dobbins presented the staff report.
Public Comment: There was none.
Council Discussion: Council Member Silva noted a correction on the paragraph under background, which was listed as District 5 and it should be District 3.
Public Works Director Dobbins noted that change.
Mayor Rios said he was part of that JPA and was very excited thinking that this community and all the four South County communities along with a portion of District 3, will have a better internet system.
RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Scott Funk, Mayor Pro Tem
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy EXCUSED: Paul Miller
BUSINESS FROM CITY COUNCIL
15. City Council Board/Committee Reports
a. Transportation Agency for Monterey County
Mayor Rios reported on the hiring of Tony Harris, who was the Deputy Director for Caltrans and he will be overseeing all the projects for Monterey County. b. Mayor Selection Committee
Mayor Rios reported the last meeting was cancelled due to the speaker not being able to make it.
c. Salinas Valley Recycles
Council Member Silva announced the next meeting on November 17th at 6pm in the Council Chambers.
d. Salinas Valley Basin Groundwater Sustainability
No report.
16. Oral Communications
Youth Commissioners Flores and Naegle reported on the GYC meeting last Thursday where they touched bases on the projects they will be working on, such as the pedestrian safety, mental health, and the school beautification projects; and announced the November 19th clean up event on Belden Street by the trailer homes.
Council Member Worthy announced a fundraiser for the American Legion Auxiliary, Saturday at 1pm for charcuterie class. She also said the Palo Alto Veterans are looking for blankets for the men and women that are injured, and anyone interested in crocheting, quilting or knitting blankets, they will deliver them in December. She also announced a flag retirement event on November 26th at 6pm where they burn the flags that are no longer able to be used. She will give the information to the City so they can put it on the website. She also reminded folks to please think about all our veterans who have served in our military since Veterans Day is approaching, and for those that haven’t voted, please vote tomorrow.
Council Member Silva also reminded people that this Saturday, November 12th is our City cleanup at the Fairview School. She also thanked everybody who supported the fundraiser from the American Legion for the scholarship fund. This is a second year she has done it with the help of Luigi’s who is a great supporter of this fundraiser. She added this has been something that the Gonzales Unit has done for over 75 years. She hopes to get the information out to the school soon.
Mayor Pro Tem Funk thanked the volunteers who helped with the Dia de los Muertos event last week, which was great as part of one of the Community Action Grants, and was nice to see people out there considering how cold it was. He also appreciated the efforts of staff ahead of time with the rain that’s coming and will be dealing with flash floods.
Mayor Rios brought up a tripping hazard concern on Herold Parkway which is a sidewalk that is lifted due to tree pines that are also lifting asphalt. He hoped as these new developments come to town, that we could look at the type of trees planted. He said he was not sure how we get the homeowner to make the necessary repairs, because and that's another part that he feels that how as a City, we can justify putting the requirement that when a street tree is placed in front of a homeowners property that we have chosen, that the homeowner is responsible; and to him there is a major disconnect. He asked Patrick and Taven that when these next subdivisions come, we look at what foliage we're going to put in those locations so people can have safe places to walk.
BUSINESS FROM CITY MANAGER
17. Oral Communications
Interim City Manager Gil thanked staff for helping and holding it down while she was on maternity leave.
She also thanked Patrick for stepping in as well and making sure everything ran smoothly. She announced a Save the Date for the Holiday Lights event on December 3rd in the downtown area, and they’ll be seeing more information about that later.
Fire Chief Muscio reported on the children getting sick with the RSV virus, and flu and Covid still out there; flash flood warning in effect for the burned areas on River Road, not in the City; and drive in movie being a success.
CLOSED SESSION
Any member of the public may address the Council on a closed session item appearing on the agenda.
Speakers shall have a limited time of three (3) minutes. Please be brief and to the point.
No comments came forward.
18. The City Council will recess to closed session to consider personnel matters pursuant to Government Code Section 54957(b)(1)- City Manager -Employment/Recruitment.
Council conferred with the City Attorney and provided direction. No other reportable action taken.
19. The City Council will recess to closed session to confer with its attorney regarding litigation pursuant to Government Code Section 54956.9(d)(2) and is hereby of the opinion that a significant exposure to litigation exists.
Council conferred with City Attorney. No other reportable action taken.
ADJOURNMENT
RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Scott Funk, Mayor Pro Tem
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy EXCUSED: Paul Miller
The meeting was adjourned at 7:55 PM.
ATTEST:
Mary Villegas, Deputy City Clerk
* For a complete video of this Council meeting, please visit https://gonzalesca.gov/government/citycouncil-agendas-minutes