MINUTES
JOINT MEETING OF THE
GONZALES CITY COUNCIL AND
GONZALES SUCCESSOR AGENCY
MONDAY, SEPTEMBER 18, 2023
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.
1. ROLL CALL
Attendee Name Title Status Departed
Jose L. Rios Mayor/Chair Present
Scott Funk Mayor Pro Tem/Vice Chair Present
Liz Silva Council/Agency Member Present
Lorraine Worthy Council/Agency Member Present
Maria Orozco Council/Agency Member Present 7:30pm
YOUTH COMMISSIONERS
Aliyah Castillo.
STAFF PRESENT
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 Marisol Gomez, Administrative Assistant II Esthela Palmerin, Public Works Director/City Engineer Patrick Dobbins, Fire Chief Jason Muscio, and Police Chief Keith Wise.
* Successor Agency 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/85166020687 or call 1 (669) 900-6833 and use Meeting ID: 851 6602 0687. 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.
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 the day of the meeting to the City Clerk at [email protected]
PRESENTATIONS
2. D’Arrigo H2A Housing Project
Kathryn Avila, Avila Construction, introduced the team: D'Arrigo, Owner; and Mike Avila, Jeff Nohr and Kathryn Avila from Avila Construction and said they were here to present the agricultural housing project which is a very initial presentation and don't have a planning application into the County of Monterey yet. She presented via powerpoint presentation the project location, project basics and goals, other similar projects and locations, site operations, community information sessions, and next steps.
She addressed Council's questions regarding H2A facility, rules and regulations administration, possibility of conversion to residential apartment units, number of occupants per unit, occupation timeline, connection to City's water and sewer system, traffic impact, frontage improvements, quantity of cars, outreach to Pembrook Development, project going forward without City Planning Commission or City Council approval, concern of brining H2A housing instead of housing for Gonzales residents who have been waiting for a number of years, and location concern.
Mayor Rios also shared Mr. Fanoe’s opposition to this project due to taking away from the value of his potential subdivision, and school being in close proximity. Mayor Rios also mentioned this project is needed.
Rosa Rodriguez, 307 Ayrshire Way, commented about her grandparent’s experience as part of the Bracero Program; expressed her sadness about some of the comments; spoke about these individuals being hardworking people; advocated for these people; and elaborated on the facility her brother in law manages in Hollister.
Henry Martinez Jr. commented about helping the football team cleaning the vegetations on the streets and asked who was responsible to clean the weeds. In regards to the presentation on the housing, he said it was not on his side and commented about a lot needing to be done like infrastructure expanding the bridge before bringing any projects in.
April Martinez introduced her son and commented about the football team doing great, the City being full of weeds and garbage, and the community should be cleaning also not just the team.
She also said the Fire Chief, Police Department and City are doing a good job.
Pete Maturino, 527 Del Monte Drive, commented about D’Arrigo having over 1,500 farmworkers and truck drivers represented by labor organizations and didn’t think this new project was needed.
He said the ag employers have to figure out if they can prove to the EDD and everyone else that it’s hard to find the labor needed to harvest crops because right now, they are harvesting their crops, and he is afraid that labor contractors are going to be using them instead of direct hire, and they will be taking these jobs. He was also concerned about the area not being a good location.
Roman Barba, 123 Second Street, commented about the many things that he saw growing up at the camp his family owned, like drinking, pulling out knives, murders, medical issues, and the ones in Salinas walking in gangs when going shopping. He also shared the concern about the location being too close to the school, and a problem in the downtown area with beer bottles all over the alleys from the farmworkers drinking. He also talked about the weeds problems when you enter Gonzales and a lot of houses with high weeds.
Henry Martinez Sr., commented about these people only using their cars on the weekends, not for work. He also talked about his God-fearing family and being told in court that his bloodline was dangerous and unfit to raise families, which was an insult to the family.
BUSINESS FROM THE PUBLIC
3. 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.
The members from the public spoke after the presentation.
Mayor Rios announced that Council Member Orozco will be leaving the meeting at 7:30pm because she has a prior commitment that she has to get to, so he asked the staff not to feel disrespected. He also announced his vision has waned and that was the reason he wasn’t present at the last Council meeting, and Mayor Pro Tem Funk will read the items so it’s clearly on the record and he’ll take care of the open discussion and Council discussion.
CONSENT AGENDA
4. Approve the Joint City Council and Successor Agency - Regular Meeting - September 5, 2023 Minutes
5. Approve City Accounts Payable Warrants #49107-49161
6. City Manager’s Report
7. Community Development Department Activity Report
8. Community Engagement & Recreation Departments Activity Report
9. Fire Department Activity Report
10. Police Department Activity Report
11. Public Works/City Engineer Department Activity Report
12. Consider Approval of Proclamation No. 2023-04 Proclaiming September 2023 as National Alcohol and Drug Addiction Recovery Month
13. Consider Approval of Resolution No. 2023-58, A Resolution of the City Council of the City of Gonzales Accepting Grant Funds and Authorizing Execution of Agreements for the Regional Early Action Planning Grant (REAP) 2.0 Program
14. Consider Approval of Resolution No. 2023-59, A Resolution of the City Council of the City of Gonzales Awarding a Landscape Maintenance Contract to Smith & Enright Landscaping, *
Rejecting the Other Submitted Proposals, and Authorizing and Directing the City Manager to Execute a Service Contract with Smith & Enright Landscaping for an Initial Three-Year Period with an Annual Authorization of $82,719, and an Annual Contingency Budget of $20,000 for Unanticipated Field Repairs
Council Member Silva pulled Item 5 for clarification. She noted on page 21 and 22, warrant number 49113 for $474,819.98 for trash services in June, and the following page is for July services for $61,388.85.
City Manager Gil responded that check number 49113 was for multiple invoices which was April, May and June; and the other one was only for the month of July.
RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Maria Orozco, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco
REGULAR AGENDA
15. Consider Approval of Resolution No. 2023-61, A Resolution of the City Council of the City of Gonzales Authorizing the Execution of a Memorandum of Understanding Between the City of Gonzales and the International Association of Fire Fighters Local 5388, for the period covering January 1, 2023 through December 31, 2024
Staff Report: Finance Director Howard presented the staff report.
Public Comment: Henry Martinez Sr., 112 Tenth Street, commented about being a strong union person and this is a great idea and should support these guys who are doing a good job. He also suggested unionizing the front office staff to be a happy community.
Rosa Rodriguez, 307 Ayrshire Way, commented about always being a strong supporter of the Fire Department and Police Department and elaborated on her family conditions and the Fire Department being the first responders, so she expressed her support for this.
Henry Martinez Jr., 116 Tenth Street, said he was a complete supporter of Fire Chief and everything he has done and the decisions he makes. He elaborated on an incident the other day where the Fire Department did good to support him and their training was good.
Council Discussion: There was none.
RESULT: APPROVED [UNANIMOUS]
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy, Maria Orozco
16. Update on the Water and Sewer Rate Studies
Staff Report: Public Works Director Dobbins presented the staff report.
Allison Lechowicz, Lechowicz& Tseng, went over the study background, Proposition 218, water
and sewer cost of service analysis, utility revenues and expenses, current monthly rates, proposed rate adjustments, proposed meter fees, surveys, proposed volume rate, and rate study schedule.
Public Comment: Henry Martinez Sr., 112 Tenth Street, commented about forefathers creating this side of town and felt the people on this side of town were being punished by the Council Members approving different projects and charging them.
Roman Barba commented about everything increasing and felt Gonzales can't be compared with other Cities because we're smaller, and these fees are too much so he said he was totally against it.
Rosa Rodriguez, 307 Ayrshire Way, hoped the feedback is taken into consideration, and she didn't agree with flat rates. She preferred the tier rates and elaborated on the reason she doesn't like flat rates.
Council Discussion: Mayor Pro Tem Funk mentioned this was the beginning of the Prop 218 State process. Mayor Rios agreed with the tiered process to encourage conservation.
Public Works Director Dobbins explained the two types of fees, which were a monthly meter fee, and a usage, and elaborated on the Supreme Court case regarding tiered rates, which we don't have that here.
Received report and directed staff to initiation the Proposition 218 Process.
RESULT: APPROVED [UNANIMOUS]
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy ABSENT: Maria Orozco
17. Consider Approval of Resolution No. 2023-60, A Resolution of the City Council of the City of Gonzales authorizing execution of a Master Services Agreement with Harris Associates to provide Project and Construction Management Services for the Community Center Complex Project for an initial fee of $500,000 for services through June 30, 2024 under Task Order 1 Staff Report: Public Works Director Dobbins presented the staff report.
Frank Lopez, Harris Associates, was happy to be here tonight and to have gone through this process with staff to present their qualifications to support this improvement, which project he's been following for a long time since he's been a resident of Gonzales for a number of years, went to Gonzales High School, then San Diego State, and he was glad to come back and support an improvement of this magnitude that's going to have an impact within the community. He also shared their team is highly qualified to deliver this and were predominantly local. He introduced Luis Flores who will be the Construction Manager, who lives in Hollister, and one of the Inspectors lives in Pacific Grove, so they will be responsive to the City.
Public Comment: Rosa Rodriguez, 307 Ayrshire Way, commented about going through Harris Associates website and doing her research on this company and expressed her support for this team since they were local.
Roman Barba supported locals just like the ones doing the project at the stadium.
Henry Martinez Sr. said local was better.
Council Discussion: Council Member Silva asked who was the contractor for the construction of this project, since she was under the impression it was Otto Construction. Public Works Director Dobbins clarified who each of the project teams was.
City Manager Gil asked if we could move the Youth Commissioner Updates before the next item because she didn't want to keep them here too late since it was a school day.
RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy ABSENT: Maria Orozco
18. Public Hearing to Consider Adoption of Ordinance No. 2023-140, An Ordinance of the City Council of the City of Gonzales Amending Title 11-Building Regulations of the Gonzales City Code by the Addition of New Chapter 11.56 Streamlined Permitting Process for Electric Vehicle Charging Stations
Staff Report: Community Development Director Kinison Brown presented the staff report.
Mayor Rios opened the public hearing at 8:00pm.
Public Hearing: Henry Martinez Jr. felt this is a waste of money and didn't know why they were trying to put charging stations if grids can't hold it and 95% of town having gas vehicles.
Mayor Rios closed the public hearing at 8:02pm.
Council Discussion: Council Member Worthy clarified this was from a grant and we will be forced to go to electric since that's where California is headed. Mayor Rios also said this was an expedition of the permitting process. Mayor Pro Tem Funk added we were just aligning to the State law requirements.
RESULT: APPROVED [UNANIMOUS]
MOVER: Scott Funk, Mayor Pro Tem
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy ABSENT: Maria Orozco
19. Introduce, Waive Reading, and Read by Title Only Ordinance No. 2023-141, An Ordinance of the City Council of the City of Gonzales Authorizing the Purchase and Use of an Unmanned Aerial System (Drone) and Making Findings in Compliance with Gonzales Police Department Policy Manual 709-Military Equipment
Staff Report: City Attorney Rodriquez presented the staff report.
Public Comment: Henry Maritnez Jr. strongly opposed to any military grade equipment.
Henry Martinez Sr. spoke about military equipment not belonging in our small town, and elaborated on his property rights and previous incidents.
Roman Barba spoke about being against the drone, and said Fourth of July should be shut down, and someone is going to shoot the drone down.
Rosa Rodriguez, 307 Ayrshire Way, commented reporting the use of a drone from people who are not supposed to be using it, and talked about a picture from illegal fireworks incident in 2003, and spoke being in support of a drone and a policy tied to it, especially on certain occasions like the Fourth of July and emergency situations.
Alfredo Rodriguez spoke in support of the drone because people don't understand the rules of illegal fireworks.
Council Discussion: Mayor Rios asked if this is something the Fire Department can use also.
Police Chief Wise indicated the drone is classified as a military equipment which has Department of Defense regulations, and the Fire Department can use it in fire situations at the direction of the Police Department since the department is the one acquiring the military equipment. He added that the Police Department has a three-page policy pertaining to drone usage and there will be additional protocols in place if this is approved.
Mayor Rios elaborated on a situation his sibling, who is in law enforcement, told him about using one and it has really helped them. He hoped by using it, there would not be a fire next year, and no other dangerous situations.
RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy ABSENT: Maria Orozco
GONZALES YOUTH COUNCIL UPDATES
20. Oral Communication
Youth Commissioner Castillo reported on the GYC interviews happening this week and orientation on September 23rd; and staying in touch with the Design-Build Team on the community center project input.
BUSINESS FROM CITY COUNCIL
21. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
No report.
b. Association of Monterey Bay Area Governments
Mayor Pro Tem Funk reported on the approval of the 2026 regional growth forecast, which is a process they've started and we'll have a horizon year of 2050. This different than the arena, as the forecast is more focused on what we're really anticipated to do as opposed to the State arena process of what the State needs to do.
c. Monterey Salinas Transit
Council Member Worthy reported on the new line 59 added from Salinas to Gilroy which will start on October 30th; approval of the two-year partnership with the Santa Clara Valley
Transportation; data collected that she'll share with Rosa; new MST bus stops located in different parts of the community, and thanked City Manager Gil and Public Works Director Dobbins for being instrumental in this. She also announced the video that City Manager Gil did for line 23 and 23x. She announced the next meeting on October 9th.
22. Oral Communications
Council Member Silva announced the Adventure Seeking Seniors luncheon this Thursday at St.
Theodore's Hall at 11:30am, and the St. Theodore's Church Carnival on October 8th starting at 11:00am.
Council Member Worthy thanked the residents for coming to these meetings and participate even though she knows they think that the Council don't care and that we get annoyed, but they don’t, they need to hear their concerns.
Mayor Rios informed that the community has a new CHP Officer who graduated from the Academy, Natasha Lugo, who has been placed in Oakland. He sent her kudos. On another note, he had a resident come to him and told him he believes this community needs to do permit parking and mentioned most folks in our community use a garage as a storage space, not parking, and there’s a growth of vehicles in the whole City. This will improve property values and minimize the impact that is being created and he feels there’s some merit to this idea. He said no decisions need to be made tonight but just dwell on it and just a thought.
BUSINESS FROM CITY MANAGER
23. Oral Communications
City Manager Gil announced that the two CSUMB Interns started this week. She informed one of them is from Gonzales, and we're really excited to have both who will be helping us look at our social media pages as well as our website. She also announced she will be attending the League of California Cities Conference this Wednesday through Friday. She reminded the Council that the Rianda Cooler Project is going to LAFCO next Monday for approval. She also announced a Movie at the Park on October 21st, and Fall Festival in the downtown area on October 28th.
Community Development Director Kinison Brown reminded everyone about the City-wi de yard sale on October 14th and 15
th
and more information went out with the Tri-Cities flyer. He also announced the public service for ADUs starting tomorrow.
Mayor Rios asked staff on the report on the fire or if they’ll get it next month.
Police Chief Wise responded they received the reports from the Coroner and currently the Department is looking at some things on our end, but will provide an update as soon as they have all the information.
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.
Rosa Rodriguez, 307 Ayrshire Way, said they don't know what the closed session is going to be to be able to comment, unless is for providing antennas for cell service, but she wanted to make sure we're not going to get cancer for putting that stuff up there.
24. The City Council will recess to closed session pursuant to Government Code Section 54956.8 to confer with and give instructions to its real property negotiator concerning the lease of property located at/on the City’s Water Tower located adjacent to 5th Street and U.S. Highway 101.
The Council provided direction to staff. No other reportable action taken.
ADJOURNMENT
RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Lorraine Worthy, Council Member
AYES: Jose L. Rios, Scott Funk, Liz Silva, Lorraine Worthy ABSENT: Maria Orozco
The meeting was adjourned at 8:50 PM.
ATTEST:
Mary Villegas, Deputy City Clerk