MINUTES
JOINT MEETING OF THE
GONZALES CITY COUNCIL AND
GONZALES SUCCESSOR AGENCY
MONDAY, NOVEMBER 18, 2024
5:30 P.M.
CALL TO ORDER
The meeting was called to order at 5:30 PM by Mayor/Chair Jose L. Rios.
PLEDGE OF ALLEGIANCE
The flag salute was recited by all present.
1. 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
Emily Mendez.
Excused absence: Valeria Cardenas.
STAFF PRESENT
City Manager Carmen Gil, City Attorney Michael F. Rodriquez, Community Development Director Taven Kinson Brown, Executive Assistant to the City Manager/Deputy City Clerk Mary Villegas, Administrative Assistant II Marisol Gomez, Public Works Director/City Engineer Patrick Dobbins, Fire Chief Jason Muscio, and Police Chief 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/87020263943 or call 1 (669) 900-6833 and use Meeting ID: 870 2026 3943. 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]
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.
There was none.
2. The City Council will recess to closed session pursuant to Government Code Section 54956.9(d)(2) to confer with its attorney – exposure to potential litigation.
City Attorney reported the Council conferred with legal Counsel and provided direction. No other reportable action taken.
PRESENTATIONS
3. Community Center Complex Construction Update
The update was provided by Luis Flores from Harris and Associates, and Otto Construction Representatives Kim Siason and Ron Chesshire. They presented information via powerpoint presentation and reported on the construction progress, the schedule, financial update, community engagement, and showed a timelapse video of the construction to date.
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.
Roman Barba, 123 Second Street, commented about doing a lawsuit against the Police Department and City of Gonzales; after the Council meeting the department going after the Martinez’s and calling him the following day because they thought he was recording, and he told them he didn't have video that his phone didn’t work to take video and they didn't believe anything. He said if he had video, he would give it to the Martinez’s or any TV station that wanted it, but he didn't have any video. He elaborated on the Police Department putting a search warrant on his house; having cameras around his house; officers hiding in corners and cars; searching his house and Lupe recording everything; contacting his lawyers who asked why the Police wanted his cell phone and telling them they were after the Martinez’s; the lawyers telling him he had a good lawsuit against the City. He said they put the reasons why in front of him and asked him if he knew anybody else that was having issues with the Police Department so they
could do a suit against the City together. He asked if they knew of anybody else that was having problems with the Police Department, they could join the lawsuit together and if anybody wanted to see the search warrant, he had it with the information about his lawyers, who told him it took 10 minutes to search the phone and why the Police still got his phone.
Henry Martinez Sr. said all this for a firework and they were dropping the cases in court for lack of evidence. He commented about charging his son with obstruction for not giving him the videotape; wanting an independent investigator not an in-house investigation; Sergeant trying to cover up evidence; telling Roman the reason they didn't park cars in front of the house was because of having cameras in front of their cars and they didn't want to be recorded; white woman being pushed on the ground by Mexican Hispanic Officers; white male being choke hold by four Mexicans; felt sorry for the person's car who got damaged when they choked his son; Officers not doing George Floyd’s law; Officers and Chief just standing watching his son when he came inside saying they were beating up his family; no Council members running out to save him or to stop them; his son having back problems and being pounded against the wall and car; his grandson being the only one who saved him; Chief not being allowed near an arrest if he wasn’t wearing a body cam; not having access to Chief’s phone to see what he was texting that night at the meeting to the Officer in the back; felt they were setting up the ambush parking cars behind medical building again, so we won't get the car camp video; and he pointed to the Chief saying “we want your phone, you better not tell it’s private.” Ruben Zurita gave a background on his employment and education; and commented on the letter he received from the City on the coliform violation; Supervisors and lead Managers responsibility to ensure that State Water Resource Control Board regulations were followed; putting the public and City at risk by not complying with the regulations; and elaborated on the cause of a positive coliform result and the steps that need to be followed; and asked them to contact him if they wanted to discuss preparation and training. He also gave thanks for setting up the Fireworks Committee meeting.
Henry Martinez III thanked the Chief because he just came out of jail and felt like a man in there.
He commented about trying to get back use of eating again; his body refusing but taking it slow and eating his burritos; being hectic for him when he got taken away; having muscle damage from Officer Perez when they had his dad in illegal choke hold; somebody had to stop it because his dad was injured and without his brace he couldn’t walk; he had to pull the officer off and they were trying to give him attempted murder which he got that part but he had to do what was right for his family because he saw his mom get pushed down. He talked about the Fire Chief defending his mom; the dream he had while in jail about Jesus, Satan, and God telling him he did the right thing because nobody ever did that in the past years; having court tomorrow at 10, and anybody who messed with his family again, they would have to sue; seeing a bright red face on Chief and he knew he had an officer in the back ready to take him again; Chief texting on his phone ready to pick up his dad and not showing the warrant; the City not allowing his mom and dad to talk right now because of technical issues; and he said that any officer who would try to mess with him again, it would be round three.
Henry Martinez Jr. (via zoom) commented he warned them two weeks ago about this mess and it happened right the Council’s watch and the City Attorney witnessed the whole thing; holding the City Manager personally accountable; Chief causing the whole thing; his son being charged with attempted murder setting his bail at $1 million but he got no problem paying that to get him out and he was out. He said he was coming now and the City was going to pay for what they did, and we're going to take this all the way. He continued commenting about the Chief and his friends looking at all directions they wanted but letting a kid get beat by officers and Chief doing his
shenanigans and kicking people around he wasn’t a man. He thanked Fire Chief for standing up for him and his wife and his son was a man as of today. He continued talking about having to wear a brace for his back every single day because of the officers; Chief Wise being a straight coward and he could say other words but he had respect for the Council; the last Chief losing his job and Wise being next; talking with all the other people that had been wronged by City and they were all coming with the lawsuit and will be joining them in this mess. He told them to get ready because here he came.
CONSENT AGENDA
5. Approve the Joint City Council and Successor Agency - Regular Meeting - November 4, 2024 Minutes
6. Approve City Accounts Payable Warrants #51034-51112
7. City Manager’s Report
8. Community Development Department Activity Report
9. Community Engagement & Recreation Departments Activity Report
10. Fire Department Activity Report
11. Police Department Activity Report
12. Public Works/City Engineer Department Activity Report
13. Consider Approval of Resolution No. 2024-68, A Resolution of the City Council of the City of Gonzales Adopting the City Council Meetings Schedule for 2025
14. Consider Approval of Resolution No. 2024-69, A Resolution of the Council of the City of Gonzales Approving Eleven (11) Community Action Grant Applications for FY 2024-2025 with Funding Allocations to Implement a Variety of Qualified Civic-Minded Community Activities
15. Consider Approval of a Grant from the Nancy Buck Ransom Foundation for the Kid Power Program in the Amount of $15,000 and Adjust the FY 2024-2025 Budget to Reflect the Adjusted Revenue
Council Member Orozco pulled item 14. She recalled there used to be an explanation of what the different groups were being funded for, and what were some of the activities they were going to be doing, and asked if they were somewhere on the website.
City Manager Gil responded it seemed like the spreadsheet that was attached got inadvertently omitted, but she could send it to the Council so they could see the description of each one of them. She mentioned staff had them on a spreadsheet that both committees got to see where it listed the activities they were being funded for.
Council Member Orozco also wanted to know how residents could call for assistance for the Salvation Army's utility assistance program, and how folks would be able to apply for funds if they needed for the utility bills.
Maria Romero, Salvation Army, explained they ran utility assistance with the City’s grant, so whatever amount they got went for this City and it was for seniors, low income people, or seniors who were living with their with their families, and the maximum was $300 for water bills or rent assistance.
City Manager Gil mentioned that staff would also provide the breakdown of the different requests so that they all see what activities were funded through Measure K.
Council Member Silva asked if the program with the Salvation Army was separate from what the City was administering.
*
City Manager Gil responded yes.
Council Member Silva pulled item 15. She asked what the cost was of the Kid Power Program on an annual basis.
City Manager Gil responded she didn’t have the ballpark for the specific program because it fell currently under the after school and recreation programs, but she could get that cost for her and it was upwards of $150,000, which included staff time and materials. She added there was a small cost to parents and it really didn't offset the cost of the program itself. She stated small grants like these were very helpful, not only would it introduce new activities, specifically STEM activities to the after-school program, but it also had a little bit of funding for actual staff's time.
RESULT: APPROVED [UNANIMOUS] Consent Agenda Items 5-15
MOVER: Liz Silva, Council/Agency Member
SECONDER: Maria Orozco, Council/Agency Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Maria Orozco EXCUSED: Scott Funk
REGULAR AGENDA
16. Consider Approval of Resolution No. 2024-67, A Resolution of the City Council of the City of Gonzales Approving a Conveyance Agreement and an Installment Purchase Contract, Making Certain Determinations Relating Thereto; and Authorizing Certain Other Actions in Connection Therewith
Staff Report: Public Works Director Dobbins presented the staff report.
Eric Scriven, NHA Advisors, presented the information via powerpoint presentation which included a background on securing funding from the State Water Resources Control Board for the construction of the Industrial Wastewater System, interim funding fund, interim loan interest cost and cost of issuance, documents for approval on tonight’s agenda, finance team, and timeline.
Public Comment: There was none.
RESULT: APPROVED [UNANIMOUS]
MOVER: Maria Orozco, Council/Agency Member
SECONDER: Liz Silva, Council/Agency Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Maria Orozco EXCUSED: Scott Funk
17. Presentation on the Final Draft Salinas Valley Safe Routes to Schools Plan Staff Report: Public Works Director Dobbins and TAMC Senior Transportation Planner Amelia Conlen presented the staff report.
Public Comment: There was none.
The Council received the presentation. No action required.
GONZALES YOUTH COUNCIL UPDATES
18. Oral Communications
Commissioner Mendez reported on the furniture for the Community Center Project and site visit, and the GYC projects they were currently working on.
BUSINESS FROM CITY COUNCIL
19. City Council Board/Committee Reports
a. League of California Cities Monterey Bay Division
No report.
b. Association of Monterey Bay Area Governments
No report.
c. Monterey Salinas Transit
Council Member Worthy announced the next meeting on December 9thand would provide the Council a copy of the circulator map, which would take effect in January 2025. City Manager Gil informed them the map would be going out with the utility bills but would forward to the Council as well. Mayor Rios said he had been communicating with Mrs. Jimenez who came to a prior meeting about this.
20. Oral Communications
Council Member Worthy expressed her disappointment about Measure S not passing and putting us in a quandary, and we're going to have to make some decisions next year when we do our new budget of what we can do and what we can't do. She added that would have generated probably about $800,000 a year for us to focus on the Fire Department and some of our safety spots where a lot of people have been very concerned about, which were infrastructure and fixing of our roads. She said we may not be able to do some of that because it didn't pass. She just wanted people to be aware of the fact that this was a sales tax, it wasn't a property tax, and it was going to go somewhere else instead of us. She thought it was something that the community needed to understand that we all needed to work together so that we could get these things going but now we may not be able to pay for certain things.
Council Member Silva wanted to let the senior citizens know that the forms for the senior rebates were available at City Hall, to take their ID when submitting them, and the sooner they applied the better. She thanked staff for the Hometown Hero Signs at Central Park and said she was very honored to be able to be out there and interviewed by KSBW. There were 28 signs and people stopped by. She thanked City Manager Gil for that. She also mentioned about a call she received today from a resident who was concerned about the cars that were parked on the street in the wrong direction, and trailers parked on the street, some motor homes on properties and on front lawns mostly on this side of town. She asked if officers could see when people were parked a little too long. She said the resident was concerned about the catering trucks that were parked along Alta Street between Fourth and Third Streets. She also announced a food box giveaway once a month with Lideres Campesinas, she gave the information to the City Manager and believed it would be on the second Wednesday of the month at 4:00pm at Central Park. She wished everyone a Happy Thanksgiving.
Council Member Orozco echoed Council Member Worthy's comments regarding Measure S because we had great plans for the City and for some of the work that needed to be done. She thanked staff for all they did. She mentioned we always see the Police Department, Fire Department, Public Works, City Hall out there every day, and it was a challenge when our funding was at jeopardy, but they continued to do all the great things to make our City was safe and provided all the services for our residents. She mentioned she was present during the distribution of the of the vegetable boxes that were being given out and noticed that many of the families were able to have better access to some of these boxes because it was later during the day, and it really made a difference. She announced a vacancy on the Cemetery Board and interested people should contact Supervisor Lopez for additional information. She wished everyone a Happy Thanksgiving and safe travels to people who were traveling.
Mayor Rios mentioned he and City Manager Gil had the opportunity to meet with the South County Cities, along with Supervisor Lopez, and a great presentation from Elsa Jimenez, the Director of Public Health. He also brought up the concern the citizens have in this community about the stench on the north side and she was going to look into that. He also commented about the kindergartner wing at La Gloria School that it had been documented historically the many teachers that had developed cancer which were a few. They thought it was due to probably being the oldest building in the School District and there might be lead in the pipes and asbestos in the flooring, so it was suggested that she forward those concerns to him and he would forward to Supervisor Lopez because they really should take a look at that and unfortunately it was all female teachers, mostly they were kindergarten teachers and it seemed like there was a cluster. He wished everyone a Happy Thanksgiving and announced he would have an eye operation on December 16th and hoped to be the last.
BUSINESS FROM CITY MANAGER
21. Oral Communications
City Manager Gil reminded the Council about the Groundbreaking Ceremony of the Industrial Wastewater Treatment Plant this Friday at 9:30am at 180 Katherine Street, across from the Braga Fresh driveway. She thanked Supervisor Lopez because on December 3rd, we will be receiving a check from RCAC at the Board of Supervisors meeting and present it to the Council for the Dennis and Janice Caprara Community Center. She explained these were proceeds from an auction held at their annual dinner and the City of Gonzales was selected as one of the recipients to get some funds. She also announced the Annual Holiday Lights event on December 7th at 4:30pm down Fourth Street; the Parade of Lights on December 14th at 6:00pm; Holiday Yard Decorating Contest registration closing on December 13th; low-income program assistance besides the senior rebate forms could be picked up from City Hall and they were a first come, first serve basis.
Public Works Director Dobbins reported on the letter that went to all residents regarding the water system that Public Works staff didn't quite follow the correct protocol for testing and reporting, and staff would be redoubling our efforts on that.
Council Members Silva, Worthy and Mayor Rios said they were concerned about the letter due to not knowing about it.
City Attorney Rodriquez mentioned for the public, that during public comment, the Council had very limited, or restricted ability to actually respond to comments that were received, and the same thing went for staff. That's primarily for the public to actually make a statement, and in most cases,
there would either be direction to staff to respond to it, or some other notation that the comment was received. But there was not a give and take, and he wanted to make sure folks understood that.
He said one of the things that happened tonight was a discussion about an incident that had occurred, and that incident was still the subject of an investigation, and we would never be discussing that investigation in public. So, he just wanted to make sure that the public understood that when the Council didn't respond to comments that we received or staff didn't respond, it didn’t mean we agreed with the speaker, that just meant that we had a limited ability to respond and we respond in a different manner, upon completion of an investigation, follow up, work on an agenda, etc. He added his recommendation was going to be that we actually add some language to the public notice provision on the agenda that clearly indicates to folks that are making the comment that in most cases, the Council and/or staff would be unable to respond to the comments that they make. He mentioned they had done that in other places and thought it was a good idea since we were receiving a lot of comments where there was room for disagreement.
Mayor Rios stated we had discussed briefly before about shortening the comment period.
City Attorney Rodriquez mentioned that would be on the next agenda.
ADJOURNMENT
RESULT: APPROVED [UNANIMOUS]
MOVER: Maria Orozco, Council/Agency Member
SECONDER: Liz Silva, Council/Agency Member
AYES: Jose L. Rios, Liz Silva, Lorraine Worthy, Maria Orozco EXCUSED: Scott Funk
The meeting was adjourned at 7:20 PM.
ATTEST:
Mary Villegas, Deputy City Clerk