MINUTES
JOINT MEETING OF THE
GONZALES CITY COUNCIL AND
GONZALES SUCCESSOR AGENCY
MONDAY, OCTOBER 2, 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.
ROLL CALL
Attendee Name Title Status
Jose L. Rios Mayor/Chair Present
Scott Funk Mayor Pro Tem/Vice Chair Excused
Liz Silva Council/Agency Member Present
Lorraine Worthy Council/Agency Member Present
Maria Orozco Council/Agency Member Present
YOUTH COMMISSIONERS
Luke Naegle.
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, 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/84456505767 or call 1 (669) 900-6833 and use Meeting ID: 844 5650 5767. 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. Update from Blue Zones Project
City Manager Gil introduced Ms. Howell who would share what Blue Zones has been doing for the past year or so and some of the exciting opportunities that they have in store for the County, specifically Gonzales.
Kendra Howell, Senior Policy Lead, Blue Zones Project Monterey County, presented via powerpoint the Blue Zones Project focus, project timeline on the different areas, Gonzales and King City’s year one goals, certification progress, schools approved in Monterey County, restaurants and grocery stores approved in Gonzales and the county, tobacco policy, opportunities for Gonzales, food, and environmental policies.
3. Fourth of July Fire Update
Fire Chief Muscio provided an update via powerpoint presentation on the 496 Charolais Drive structure fire, and provided a summary of the incident and investigation findings.
BUSINESS FROM THE PUBLIC
4. 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 Sr., 112 Tenth Street, commented about the need to post school crossing signs at the bridge and the incident with the student.
Roman Barba, 123 Second Street, suggested putting up blinking lights at the bridge crosswalks just like on Fifth Street.
Alex Ramirez, Rhone Way, suggested doing permit parking and shared ideas that will help bringing in revenue.
Henry Martinez Jr, (via zoom), commented about the bridge being a problem that brought up before; wanted no expansion in the City until the bridge gets expanded; hoped the structure fire report gets put up publicly because a lot of people want to see it since there were a lot of questions; and he expressed his complete support for the Fire Department.
CONSENT AGENDA
5. Approve the Joint City Council and Successor Agency - Regular Meeting - September 18, 2023 Minutes
6. Approve City Accounts Payable Warrants #49162-49241
7. Consider Closure of City Offices from December 25, 2023 through January 1, 2024
8. Consider Approval of Resolution No. 2023-62, A Resolution of the City Council of the City of Gonzales Approving the Community Action Grants for FY 2023-2024 funded with Measure K Allocations
*
Mayor Rios pulled Item 8 in its entirety.
9. Consider Approval of Resolution No. 2023-63, A Resolution of the City Council of the City of Gonzales Approving the Water Supply Assessment for the Vista Lucia Specific Plan, per the Requirements of SB610
RESULT: APPROVED [UNANIMOUS] Items 5, 6, 7, and 9
MOVER: Maria Orozco, Council Member
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Maria Orozco EXCUSED: Scott Funk
10. Consider Approval and Authorize the City Manager to Sign a Reimbursement Agreement Between the City of Gonzales and D’Arrigo Bros. of California for all Work Related to the Permit Process and Application for the Construction of a 137-Unit H2A Housing Project Along the Eastside of Fanoe Road
Council Member Worthy pulled Items 7 and 10.
Council Member Silva wished to pull the same items.
In regards to Item 7, Council Member Worthy understood that was done every year for two weeks and she felt it was important that someone was around in case of an emergency and the residents need to know that there's someone there if something happens. She also said she brought up the lunches last year, and asked if they can be staggered so it's open during lunch and someone is in the office during the lunch hour since there are people that can do their stuff at lunch time.
City Manager Gil clarified the closure was only one week and the Police, Fire, and Public Works are still on duty. She added somebody from the office still in the background and is still available.
It's just that the office isn't open for regular business, but there's somebody still on call at all times anyway. She reiterated that it makes it easier for everybody to be off at the same time regarding vacation requests and those that want to ask for vacation, they take it out of their vacation or comp time accruals, and that’s not covered by the City. But Police, Fire and Public Works staff are always accessible.
Council Member Orozco pulled Item 10. She asked City Manager Gil if she could just explain what the process was for the agreement in case folks want more information.
City Manager Gil responded that in the agenda packet, was the reimbursement agreement for the H2A D’Arrigo Housing Project, which was only a reimbursement agreement. What that means is any work that staff does towards that project, it's not approval and it doesn't mean it's an approval, but any work like staff does such as research or engaged in conversations or respond to requests from the public or the developer, we would be able to get that time reimbursed by the developer so the City doesn’t carry that cost. She reiterated the agreement helps us recoup costs of staff time, but it does not mean that the project is approved by any means.
In regards to Item 7, Council Member Silva also shared her concern about someone being in the office in case any of our residents needed service or someone to talk to. She also asked if employees can choose to work in the event they don’t have enough time.
City Manager Gil responded yes and indeed, some do. She mentioned it becomes an issue when we open to the public, because if the public wants to come in and make a payment for example that means that the ladies at the front that know how to register those payments into the system would have to be there. And so that's why we don't have the doors open, otherwise, it wouldn't allow them to take that time off.
Council Member Silva said that was one of her concerns if a resident did want to make a payment if they can’t do it online and there was no one to take that payment. In regards to Item 10, she was under the impression things were going to be paid for a project that had not yet been approved by the Planning Commission or the City council, so she thanked City Manager Gil for the clarification.
Mayor Rios opened public comment for Item 10.
Delia Gutierrez, 1614 Spumante Way, thanked City Manager Gil for clarifying that because she didn’t want to see the City spend any money on a project she feels should never be approved. She expressed her opposition to the proposed project because of traffic problems on Fifth Street, as well as pedestrian traffic.
Daniel Gutierrez, 1614 Spumante Way, spoke against the project for the reasons of being a small town everyone knew each other, many family generations living here for a long time, D’Arrigo being the winner since these are their workers and they’ll charge them rent, over one thousand men walking our streets, and this project not benefiting Gonzales.
Henry Martinez Sr. suggested to staff about having backup people to do the register at City Hall.
He also commented about the men who will be in this housing having their own transportation, and law enforcement response time problem because that’s in the County and our Police Department can’t respond.
Roman Barba commented about farm labor camps having hard workers and also people who drink a lot, workers in downtown drinking in broad daylight, suggested switching land, and our Police Department not being able to patrol that area since that is CHP or Sheriffs because that’s in the County.
Alexis Johnson, Barbera Way, expressed her opposition to the H2A housing project due to concerns with additional traffic contributing to already congested streets, resources depleted instead of being put to use to expand the desperate need for additional family housing, and addition of crime rates.
Lupe Ferrari, Burgundy Way, expressed her opposition to the project due to Sherrif’s Office being understaffed and will have to depend on our Police Department to respond because of the location, D’Arrigo only caring about their money and taking advantage of building projects on unincorporated areas bypassing local government, additional crime, men wanting to see girls, loitering and drinking. She asked City leaders to take a more aggressive stance against this development on Fanoe Road.
Erin Ramirez, Rhone Way, commented about never feeling unsafe here and appreciating the small community we have, and expressed her opposition to this project due to potential crimes, and traffic congestion.
Rosa Rodriguez, 307 Ayrshire Way, was bothered by people assuming these men will be catcalling our girls, committing crime, drinking, and she felt it was discrimination on a certain culture that can’t be based on past behaviors, and having perverts in all nationalities. She
commented about her family being Braceros and people should be talking about how things are going to be mitigated if this program goes forward instead. She opposed to the fact that the workers of this program only worked a few hours a day and they still charge them rent and she didn’t want them to be taken advantage of if this program came forward.
Andrea Fragoso, 411 Angus Drive, asked to take into account all the generation families who are still living here in hopes of renting or possibly buying a home, and would hate to see D’Arrigo come and take all those resources where they could be put to use for the people who want to continue to reside here.
Alex Ramirez, Rhone Way, agreed with the people opposing the H2A project due to our Police and Fire Departments being overworked already, and our children’s safety.
Sandy Villegas, 1067 Zinfandel Drive, expressed her opposition to this project due to the location, safety of children and infrastructure.
Henry Martinez Jr., (via zoom), thought he will never see this day where he saw racism, feminism, as a Hispanic community, should stand with all our people. He commented about being part of the Bracero people and would not stand this, and pushing for this program because he’s not going to stand for any guys getting discriminated against because these are the people who are picking everyone’s food in this country.
Katherine Avila, Avila Construction and Representing D’Arrigo, thanked the City for hearing out the community, and said they’re still in the very early stages of this project, and part of their ongoing efforts will be close coordination with the City, as well as the County, and continue the community outreach. They hope to engage in good faith with some of these community members who have concerns and who can help shape a good project for everyone. She appreciated the Council’s consideration of the reimbursement agreement that will allow staff to better engage with them and working through this project.
Tencia Vargas, (via zoom), expressed her concern of the amount of impact that’s going to have on the City, infrastructure needs a lot of work especially on Fifth Street with the traffic issues, and unsafe pedestrian walkways. She asked staff and Council to consider this before moving forward as well as more information going out to all residents.
Being there no more public comments, Mayor Rios shared about he and City Manager Gil speaking with Supervisor Lopez, and a project of this type in the County doesn't even go to the Board of Supervisors, but will have to go to LAFCO, the Commission who will have some say in whether it does get built where it's at, but this doesn't stop what we as a City, need to do which is basically get them to pay for whatever work our staff has to do. I believe staff has done a very diligent job in making sure that this City has at least made hope, whether eventually goes in there or not, but it's really beyond our control at this point.
City Manager Gil added that was what we were informed from Supervisor Lopez. But the reimbursement agreement is just to reimburse staff’s time at this point.
Council Member Silva reminded the community that as we vote on Item 10, that is just for do D’Arrigo and Avila Construction to reimburse the City for any expenses for staff’s time spent preparing any documents that they need. This does not mean that we are in favor of the project and they voiced their concerns at the last Council meeting. She added about being born and raised in this community and a granddaughter of immigrants from Mexico. She opposes to the location that they have proposed and she has suggested also that they look for another location within their properties either around Gonzales or out in the County. She wanted everyone to understand this
was not our stamp of approval for the project itself, it is only an approval to get reimbursed for the time our staff spends.
Mayor Rios had a question on the warrants for the cleaning of the water tank and he was assuming the amount was for all three tanks.
City Manager Gil responded that was correct.
RESULT: APPROVED [UNANIMOUS] Item 10
MOVER: Liz Silva, Council Member
SECONDER: Maria Orozco, Council Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Maria Orozco EXCUSED: Scott Funk
REGULAR AGENDA
11. Consider Approval of Resolution No. 2023-64, A Resolution of the City Council of the City of Gonzales Rejecting All Proposals Received by the Cities of Gonzales, Soledad, Greenfield, and King (Cities) to Select a Qualified Contractor to Collect Solid Waste, Recyclables, and Organic Waste within the Boundaries of Each City as a Single Franchise Collection Zone Staff Report: City Manager Gil presented the staff report.
Elia Zavala, Patrick Mathews, and Mandy Brooks from Salinas Valley Recycles were present to answer any questions.
Patrick Mathews answered Council Member Worthy's question as to the reason why Tri-Cities didn't submit a proposal.
Public Comment: Rosa Rodriguez, 307 Ayrshire Way, commented about being happy with TriCities’ service.
Council Discussion: There was none.
RESULT: APPROVED [UNANIMOUS]
MOVER: Lorraine Worthy, Council Member
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Maria Orozco EXCUSED: Scott Funk
12. Consider a Parcel Tax to Support Fire Services
Staff Report: Finance Director Howard presented the staff report.
Public Comment: Henry Martinez Sr. commented about being for a tax to pay for services, but the City needs to understand they already pay property tax on school bonds for a school they haven't built, and they will pass this on to their tenants.
Roman Barba, 123 Second Street, commented about paying for three school bonds which never got built, and he fought for those bonds.
Mayor Rios asked Mr. Barba to keep with the topic.
Mr. Barba told Mr. Rios this was the same thing about property taxes. He commented about the City making mistakes and not knowing how to keep track of their money and charging the public for that, but they will charge them on their renters just like Mr. Martinez said. He was totally against that.
Rosa Rodriguez commented about requesting a meeting with City Attorney Rodriquez for the reason of being allowed to express as community members to speak on the same topic, and some comments that shouldn't be made that come across as racist. She asked about the amount per unit.
She also said the City needs to know how to budget their money so they don't have to pay for it.
Finance Director Howard clarified her question. It would be $219.24 per year for a single family residence, or $164 for a multi-family units per year, using the Greenfield model.
Tony Spitaleri, International Association of Firefighters Representative, commented about working with the Fire Department putting together a collective bargaining agreement which was approved and the association stands ready to help the community to provide additional and needed resources if a decision to move ahead with the parcel tax is made. He asked for the Council’s support to move this forward to continue the study.
Henry Martinez Jr. commented about doing his part by paying the City for the Fire Department through fire inspections to maintain his properties, and said yes on passing the parcel tax so everyone else can pay equally, and he assured them it will get passed onto the renters. He supports the Chief and will stand with the decision to charge every single one of these residents here to pay their dues because they call the Fire Department when a fire happens.
Council Discussion: Council Member Worthy asked about the timeline if it goes forward.
Finance Director Howard responded that there is a measure that will be on the ballot in 2024 statewide. This would be part of our analysis, and if we move forward with a parcel tax, because a large part of that measure is to require all new taxes to be at a two thirds threshold of those casting a ballot, including the sales tax measure that we tried to do as a general tax that only required 50%.
And since we're already sent this as a special dedicated tax, and already requires a two thirds threshold, we would already be at that point.
It was the Council’s consensus to move forward with the additional studies that staffs need to do.
13. Public Hearing to Consider Adoption of 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.
Mayor Rios opened the public hearing at 8:05pm.
Public Hearing: Henry Martinez Sr., 112 Tenth Street, commented this was voted for because it was quoting fireworks but that wasn't an issue and asked if they're still going with it. He also commented about the need to have more than one operator and time spent in training them, charging higher water bills, not needing a captain if he can't handle drugs on the streets.
Mayor Rios asked Mr. Martinez Sr. to stick to the subject of this item.
Mr. Martinez responded the subject was that he can’t trust him flying drones because he can’t handle drunks who are standing everywhere on the streets drinking according to his fellow citizens.
He asked that the City better put a red phone so they know he’s calling. He continued commenting about the misuse of guns and military equipment.
Roman Barba told the Mayor not to try to stop him. He commented about the discussion about getting the drone because it will help with the fireworks and not penalizing the kids, but they got a donation and didn’t think they need to sell fireworks. He suggested a set time limit on fireworks, stopping selling the safe and sane fireworks, raise the violation fine, and City sponsoring a firework show, teaming with the school and county for illegal firework classes.
Rosa Rodriguez, 307 Ayrshire Way, commented about the classes she took with officers, and said she was showing her phone to the Council showing evidence of fireworks the day the fireworks were going on and calling 911. She also talked privacy and the time she had a drone over her head that was a sting operation, and when the kid was ran over. She supported the drone if it was going to be used for the fireworks purpose and suggested considering approving overtime for more Police Officers to be out there.
Henry Martinez Jr., (via zoom), mentioned he was against the whole drone mess because there’s no way that he can safely fly the drone without invading someone’s privacy. He commented about reading all the laws and the recording capabilities, putting a sign on his property regarding privacy, needing a warrant to look at homes, defunding the police and balancing budgets.
Mayor Rios closed the public hearing at 8:17pm.
Council Discussion: Council Member Worthy asked about protocols or restrictions on drones.
Council Member Silva asked about usage logs and if fire personnel can be trained if they need to use it. She said she sees the advantages of the drone to be used in things other than during the fireworks displays that we get about five months out of the year.
Police Chief Wise reiterated what he said last time, and elaborated on nearly three page policy that covers the usage of the drone and prohibitions of use. He mentioned there will be logs for usage which is part of the policy, and personnel can be trained.
RESULT: APPROVED [UNANIMOUS]
MOVER: Liz Silva, Council Member
SECONDER: Maria Orozco, Council Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Maria Orozco EXCUSED: Scott Funk
GONZALES YOUTH COUNCIL UPDATES
14. Oral Communication
Youth Commissioner Naegle reported on the orientation the GYC had last week, having 15 members as part of the Council, action projects they want to work on, announced the next meeting on October 10th with the construction team of the community center, and meeting with Dr. Zamora next week to follow up on the issues they discussed before.
BUSINESS FROM CITY COUNCIL
15. City Council Board/Committee Reports
a. Transportation Agency for Monterey County
Mayor Rios reported on the Measure X funding doing well, future projects, suggested improvement on the Chualar Bridge. He answered Council Member Silva's question about doing studies during the season. He said they hired a Deputy Director who will be a consultant for TAMC and is very versed on traffic flows and patterns, and that is one of the things he'll be looking at.
b. Mayor Selection Committee
Mayor Rios announced the meeting this Friday.
c. Salinas Valley Recycles
Council Member Silva announced the next meeting on October 19th at 6pm and Mayor Pro Tem Funk will be attending as the Alternate since she'll be out of town. d. Central Coast Community Energy
Mayor Rios reported on the Annual two day meeting he attended in Paso Robles. The organization is doing well and elaborated on the Independent Utility Operators being behind on their interconnection studies.
16. Oral Communications
Council Member Orozco announced the Annual Church Carnival this Sunday. She reported on the League of California Cities she attended, along with City Manager Gil. She announced the school’s College and Career Day on October 14th at the High School; the Salinas Valley Tourism and Visitors Bureau and UC Berkeley Urban Design program concept on October 6th from 1:00pm to 4:00pm. at the Monterey County Farm Bureau; and Annual Conference for Immigrant Women on October 21st at the High School Gym from 9:00am to 4:30pm, which is a series of workshops on housing and jobs and also healthy eating and mental health services.
Council Member Silva congratulated the Spartans for their homecoming win last Friday against Marina. She reminded about the community yard sale on October 14th and 15th; and October is Breast Cancer Awareness Month which it does not only affect women, and encouraged our residents to be tough enough to wear pink this month.
Council Member Worthy asked for a status on the pool heater.
City Manager Gil responded it is moving forward we reached out to the folks who actually built the pool for us a while back, and they are giving us options to upgrade our system and our heater looking at solar and other opportunities. She will ask Public Works Director Dobbins to email her when he’s back in the office.
Council Member Worthy thanked staff for all the reports and thanked the public for coming in and talking to the Council and they know they can call them individually if they have any questions or concerns.
Mayor Rios thanked our past Community Health Worker Maria Flores for doing an excellent job with putting together a resource fair and seminar for children with special needs this past weekend.
He also said he was curious as to what other Cities do as far as comment period, because meeting seem to be dragging on. He didn’t mean to say that he doesn't want to hear everybody's comments, but believes we need to get more concise with them, and noticed Salinas does two minutes.
City Attorney Rodriquez said that Soledad has three minutes, but when they know there's going to be an item with a big number of speakers, they have reduced to two minutes.
Mayor Rios asked if we needed to do this as an ordinance.
City Attorney Rodriquez responded no. The Mayor as the Chair of the meetings has had the ability to limit the time.
Mayor Rios noted that.
BUSINESS FROM CITY MANAGER
17. Oral Communications
City Manager Gil reported on the great information and sessions she attended at the League of Cities conference; Rianda Cooler was by the LAFCO for the annexation which is a huge opportunity for our community bringing in over 430 jobs and over $70,000 yearly in taxes. and, among other impact these to our community; notice received by the USDA on the full loan approval for the first phase of the Community Center and staff is getting ready to go into the construction of the first phase and we're on track to break ground in the spring of next year, and start planning the groundbreaking now. She announced the Fall Festival on October 28th down Fourth Street; the Recreation Department is putting together partners to do a Trunk or Treat and other activities. She reminded about the Zumba at the Park which kicked off last Saturday morning and it will be Saturdays at Central Park.
ADJOURNMENT
RESULT: APPROVED [UNANIMOUS]
MOVER: Maria Orozco, Council Member
SECONDER: Liz Silva, Council Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Maria Orozco EXCUSED: Scott Funk
The meeting was adjourned at 8:42 PM.
ATTEST:
Mary Villegas, Deputy City Clerk