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City Council

Regular Meeting

Salinas, CA · March 21, 2017

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Minutes

200 Lincoln Ave., Salinas, City of Salinas CA 93901 www.cityofsalinas.org Meeting Minutes - Final City Council Mayor Joe Gunter Councilmembers: Scott Davis, District 1 - Tony Barrera, District 2 Steve McShane, District 3 - Gloria De La Rosa, District 4 Kimbley Craig, District 5 - John "Tony" Villegas, District 6 Ray E. Corpuz, Jr., City Manager Christopher A. Callihan, City Attorney City Clerk’s Office: (831) 758-7381 Tuesday, March 21, 2017 4:00 PM SALINAS ROTUNDA ROLL CALL Present: 7- Councilmember Tony Barrera Councilmember Kimbley Craig Councilmember Scott Davis Councilmember Gloria De La Rosa Councilmember Steve McShane Councilmember John Villegas Mayor Joe Gunter CLOSED SESSION The following audience members commented on closed session matter a) Labor Negotiations: Victor Baez Ray Montemayor Robert Cromeenes Flory Isla Carlos Gonzalez Eric Ruloph Daniela DeBaca Randy Casey Abram Ortiz Vicente Cortez Imelda Pacheco Perez Al Espindola The City Council recessed to closed session at 4:13 p.m. pursuant to: ID#17-127 a) Labor Negotiations - Cal. Govt. Code §54957.6, conference with its designated labor representatives Ray Corpuz, City Manager; Christopher A. Callihan, City Attorney; Katherine Hogan, Senior Deputy City Attorney; Matt Pressey Finance Director; Marina Horta-Gallegos, Human Resources Officer; Sylvia Enriquez, Human Resource Analyst; and Donna Williamson, Liebert Cassidy Whitmore, regarding labor relations with Service Employees International City of Salinas Page 1 City Council Meeting Minutes - Final March 21, 2017 Union (SEIU), SEIU Supervisors, Salinas Municipal Employees Association/SEIU, Association of Management Personnel, Police Management Association, International Association of Firefighters, Fire Supervisors Association, and Confidential Non-Management Employees. b) Existing Litigation - Cal. Govt. Code §54956.9(a), conference with legal counsel regarding, Swinscoe, Todd v. City of Salinas, Workers Compensation Appeal Board Case No. ADJ10334738. c) Existing Litigation - Cal. Govt. Code §54956.9(a), conference with legal counsel regarding, Ellsworth, Edith v. City of Salinas, Workers Compensation Appeal Board Case No. ADJ9387720. d) Existing Litigation - Cal. Govt. Code §54956.9(a), conference with legal counsel regarding, Garcia, Margarita v. City of Salinas, Workers Compensation Appeal Board Case No. ADJ8554183. PUBLIC DISCLOSURE The City Council reconvened in the Rotunda at 5:39 p.m. Pursuant to California Government Code section §54957.1, there were no reportable actions on closed session matters. GENERAL PUBLIC COMMENTS Received general public comment. PUBLIC HEARING ID#17-147 Community Choice Energy Program Received report from Public Works Director Gary Petersen, which is filed in the City Clerk’s Office as the official record. The following audience members commented on the report: Jyl Lutes Natalie Grey Al Espindola Kelsey Alvarez, Monterey Bay Regional Climate Action Compact Oscar Ramos Dr. Lori Solorio Eric Petersen Demetrio Pruneda Kevin Dayton, President of the Salinas Tax Payers Association Bill Lipe Bruce McPhereson, Santa Cruz County Board of Supervisor Cassandra Pameno Anthony Rocha Christy Toreno, Safe Ag Safe Schools Lucia Calderon Glenn Shaler, Monterey Bay Cental Labor Council Dominic Dursa Cesar Lara City of Salinas Page 2 City Council Meeting Minutes - Final March 21, 2017 Andy Shaw Upon motion by Councilmember McShane, second by Councilmember De La Rosa, Resolution 21135 establishing the Monterey Bay Community Power Authority and approving the City of Salinas as a founding member of the Authority; Ordinance 2591 authorizing the implementation of a Community Choice Energy program in the City of Salinas; directed staff to move forward on discussions and participation for City of Salinas's share of the credit guarantee were approved. The motion carried by the following vote: Ayes: 7- Councilmember Barrera, Councilmember Craig, Councilmember Davis, Councilmember De La Rosa, Councilmember McShane, Councilmember Villegas and Mayor Gunter Enactment No: RES 21135; ORD 2591 Upon motion by Councilmember De La Rosa, second by Councilmember McShane, the City Council authorized the Mayor to appoint two representatives to the governing board to serve as a primary and alternate on the newly formed Monterey Bay Community Power Board of Directors at a future date accordingly. The motion carried by the following vote: Ayes: 7- Councilmember Barrera, Councilmember Craig, Councilmember Davis, Councilmember De La Rosa, Councilmember McShane, Councilmember Villegas and Mayor Gunter Enactment No: RES 21135; ORD 2591 ID#17-152 Conditional Use Permit 2016-019 Received report from Planning Manager Courtney Grossman, which is filed in the City Clerk’s Office as the official record. The following audience members commented on the report: Angelita Partido Frank Saunders, Downtown Business Owner Joel Panzer, Downtown Business Owner Al Espindola Mary Ann Worden Eric Petersen Alex Dabit, Applicant Dominic Dursa Leo De La Rosa Matt Huerta, Planning Commissioner Ken Steen, Salinas City Center Improvement Association Upon motion by Councilmember McShane, second by Councilmember Craig, Resolution 21136 finding the use Categorically Exempt from the California Environmental Quality Act (CEQA), overturning the Planning Commission’s denial and approving Conditional Use Permit 2016-019 was approved. The motion carried by the following vote: Ayes: 5- Councilmember Craig, Councilmember Davis, Councilmember McShane, Councilmember Villegas and Mayor Gunter Noes: 2- Councilmember Barrera and Councilmember De La Rosa Enactment No: RES 21136 City of Salinas Page 3 City Council Meeting Minutes - Final March 21, 2017 ADMINISTRATIVE REPORT ID#17-145 Parking Enforcement Activities Update Received report from Public Works Director Gary Petersen, which is filed in the City Clerk’s Office as the official record. The following audience members commented on the report: Joel Panzer, Downtown Business Owners Eric Petersen Leo De La Rosa Mary Ann Worden Michael Harper, Serco Received Interim Report on the parking enforcement activities. CONSENT AGENDA ID#17-043 Minutes Tabled minutes of January 24, 2017; February 7, 2017; and February 21, 2017. ID#17-153 Financial Claims Report Upon motion by Councilmember Craig, second by Councilmember McShane, the financial claims report was approved. The motion carried by the following vote: Ayes: 6- Councilmember Craig, Councilmember Davis, Councilmember De La Rosa, Councilmember McShane, Councilmember Villegas and Mayor Gunter Absent: 1- Councilmember Barrera ID#17-081 Housing Element Annual Progress Report for 2016 Upon motion by Councilmember Craig, second by Councilmember McShane, Resolution 21137 accepting the Housing Element Annual Progress Report for 2016 and authorizing its submittal to the California Department of Housing and Community Development and the Governor's Office of Planning and Research was approved. The motion carried by the following vote: Ayes: 7- Councilmember Barrera, Councilmember Craig, Councilmember Davis, Councilmember De La Rosa, Councilmember McShane, Councilmember Villegas and Mayor Gunter Enactment No: RES 21137 ID#17-122 Ordinance regarding the qualifications for members of City Commissions, Committees, and Boards Tabled Ordinance allowing residents of the United States and city of Salinas who are not United States citizens to serve as members of City Commissions, Committee, and Boards. ID#17-131 Residential Permit Parking Program - El Paso Place Opt Out Request City of Salinas Page 4 City Council Meeting Minutes - Final March 21, 2017 Upon motion by Councilmember Craig, second by Councilmember McShane, Resolution 21138 approving the opt out request from residents from El Paso Place to be removed from the District 3A Residential Permit Parking Program was approved. The motion carried by the following vote: Ayes: 6- Councilmember Craig, Councilmember Davis, Councilmember De La Rosa, Councilmember McShane, Councilmember Villegas and Mayor Gunter Absent: 1- Councilmember Barrera Enactment No: RES 21138 ID#17-141 Assessment of Fair Housing (AFH) Regional Collaboration Agreement Upon motion by Councilmember De La Rosa, second by Councilmember McShane, Resolution 21139 authorizing the Assessment of Fair Housing (AFH) Regional Collaboration Agreement between the City of Salinas, County of Monterey - Urban County, City of Monterey, City of Seaside and Housing Authority of the County of Monterey (HACM) was approved. The motion carried by the following vote: Ayes: 6- Councilmember Craig, Councilmember Davis, Councilmember De La Rosa, Councilmember McShane, Councilmember Villegas and Mayor Gunter Absent: 1- Councilmember Barrera Enactment No: RES 21139 ID#17-148 Monterey Regional Water Pollution Control Agency Cost Sharing Agreement Upon motion by Councilmember Craig, second by Councilmember McShane, Resolution 21140 authorizing a cost sharing agreement with Monterey Regional Water Pollution Control Agency for engineering services in an amount not to exceed $72,000 was approved. The motion carried by the following vote: Ayes: 6- Councilmember Craig, Councilmember Davis, Councilmember De La Rosa, Councilmember McShane, Councilmember Villegas and Mayor Gunter Absent: 1- Councilmember Barrera Enactment No: RES 21140 ID#17-154 Local State of Emergency Response and Recovery Budget Upon motion by Councilmember Craig, second by Councilmember McShane, Resolution 21141 proclaiming a state of emergency in the City caused by a succession of winter storms during the month of February; and Resolution 21142 approving a $1,560,000 supplemental appropriation in the Capital Projects Fund to advance fund the disaster recovery costs associated with the recent storm were approved. The motion carried by the following vote: Ayes: 6- Councilmember Craig, Councilmember Davis, Councilmember De La Rosa, Councilmember McShane, Councilmember Villegas and Mayor Gunter Absent: 1- Councilmember Barrera Enactment No: RES 21141; RES 21142 City of Salinas Page 5 City Council Meeting Minutes - Final March 21, 2017 COUNCILMEMBERS’ REPORTS, APPOINTMENTS AND FUTURE AGENDA ITEMS Councilmember McShane announced he is hosting an immigration forum on April 10, 2017 in the Rotunda at 6:00 p.m. in response to the public interest surrounding immigration. He invited the community to participate in a day of service by attending Salinas United Day on April 22, 2017. Councilmember Villegas reported that he attended the National League of Cities Conference in Washington, D.C., where he had the opportunity to attend an immigration policy forum. He requested the sanctuary cities resolution comes back to the Council for consideration. Request was second by Councilmember De La Rosa with the condition that her concerns surrounding immigration and sanctuary cities also be included in the re-write. Councilmember Craig reported she is attending the Transportation Agency for Monterey County (TAMC) board meeting on March 22, 2017, where they will discuss the eminent domain process for the Intermodal Transportation Center Project development. She reported that she attended the Salinas Valley Solid Waste Authority (SVSWA) meeting where they approved a request to increase staffing at the transfer station with approval of a rate increase. Councilmember Craig further requested a presentation from SVSWA regarding both the rate increase and an agency update. Councilmember Craig reported she attended the Monterey Bay Air Resources Board meeting, where the Board approved a wood chipper for $100,000 to address the emergency storm cleanup particularly in North Monterey County. Councilmember Davis reported that he attended the National League of Cities Conference in Washington, D.C., where he had the opportunity to attend a session on technology and how to make cities more efficient. He expressed particular interest in using technology in conjunction with Shotspotter integrated with street lights/LED to increase safety. Councilmember Davis requested a report from the Permit Center regarding practices and policies for obtaining development permits and an update on the Citygate action plan. In response, City Manager Corpuz stated that the Citygate action plan update is scheduled for Council consideration in April or May. Councilmember Davis requested the development of policies and procedures to revoke Conditional Use Permits when necessary and as a means to provide more enforcement resources. Councilmember Barrera reported that he attended the Community Meeting on March 20 regarding immigration and commended the Mexican Consul for clarifying the legal rights of undocumented residents. He reported that the he also attended the National League of Cities Conference as a representative of Monterey Salinas Transit and stated that there are ongoing efforts at the state level to reduce funding for transportation. MST will continue to work with Congressman Jimmy Panetta to secure transportation funding. Councilmember Barrera encouraged the community to reach out to Congress regarding the ongoing immigration concerns. Councilmember De La Rosa reported that she attended the 85th Filipino Community Installation of Officers dinner and stated it was a successful event. Councilmember De La Rosa reported that she attended the immigration forum on March 20, along with Mayor Gunter and was a very informative event. City of Salinas Page 6 City Council Meeting Minutes - Final March 21, 2017 Mayor Gunter announced he attended numerous events include the Hartnell Little League opening day, Ichiki-kushikino Sister City Delegation Dinner, the Outstanding Women of the Year event with guest speaker Salinas Chief Adele Fresé, and the Fireworks Stand Lottery. He encouraged the Council and members of the public to show support for the great things that are going on around the City by attending local events. In closing, Mayor Gunter stated that at the immigration forum on March 20, he had the opportunity to meet with the Mexican Consul, Mauricio Toussaint Ribot. He added that Mr. Toussaint Ribot encouraged the City to continue reaching out to the State legislators to address comprehensive immigration reform as that is where the change needs to occur. ADJOURNMENT Meeting adjourned at 9:32 p.m. APPROVED: _________________________ Joe Gunter, Mayor ATTEST: _________________________ Patricia M. Barajas, City Clerk City of Salinas Page 7

Agenda

City of Salinas 200 Lincoln Ave., Salinas, CA 93901 www.cityofsalinas.org Meeting Agenda - Final Tuesday, March 21, 2017 4:00 PM SALINAS ROTUNDA City Council Mayor Joe Gunter Councilmembers: Scott Davis, District 1 - Tony Barrera, District 2 Steve McShane, District 3 - Gloria De La Rosa, District 4 Kimbley Craig, District 5 - John "Tony" Villegas, District 6 Ray E. Corpuz, Jr., City Manager Christopher A. Callihan, City Attorney City Clerk’s Office: (831) 758-7381 City Council Meeting Agenda - Final March 21, 2017 PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION Receive public communications from the audience on Closed session items. The City Council will recess to closed session pursuant to: ID#17-127 a) Labor Negotiations - Cal. Govt. Code §54957.6, conference with its designated labor representatives Ray Corpuz, City Manager; Christopher A. Callihan, City Attorney; Katherine Hogan, Senior Deputy City Attorney; Matt Pressey Finance Director; Marina Horta-Gallegos, Human Resources Officer; Sylvia Enriquez, Human Resource Analyst; and Donna Williamson, Liebert Cassidy Whitmore, regarding labor relations with Service Employees International Union (SEIU), SEIU Supervisors, Salinas Municipal Employees Association/SEIU, Association of Management Personnel, Police Management Association, International Association of Firefighters, Fire Supervisors Association, and Confidential Non-Management Employees. b) Existing Litigation - Cal. Govt. Code §54956.9(a), conference with legal counsel regarding, Swinscoe, Todd v. City of Salinas, Workers Compensation Appeal Board Case No. ADJ10334738. c) Existing Litigation - Cal. Govt. Code §54956.9(a), conference with legal counsel regarding, Ellsworth, Edith v. City of Salinas, Workers Compensation Appeal Board Case No. ADJ9387720. d) Existing Litigation - Cal. Govt. Code §54956.9(a), conference with legal counsel regarding, Garcia, Margarita v. City of Salinas, Workers Compensation Appeal Board Case No. ADJ8554183. PUBLIC COMMENT TIME RESTRICTIONS Public comments generally are limited to two minutes per speaker; the Mayor may further limit the time for public comments depending on the agenda schedule. GENERAL PUBLIC COMMENTS Receive public communications from the audience on items that are not on the agenda and that are in the City of Salinas’ subject matter jurisdiction. Comments on Consent, Consideration, and Closed session items should be held until the items are reached. The public may request that the legislative body consider adding an item for consideration on a future agenda. The public may comment on scheduled agenda items, including closed session items, as they are considered. In order to be respectful of all speakers’ views and to avoid disruption of the meeting, the audience shall refrain from applauding or jeering speakers who have been recognized by the Mayor. PUBLIC HEARING City of Salinas Page 2 Printed on 3/17/2017 City Council Meeting Agenda - Final March 21, 2017 ID#17-147 Community Choice Energy Program Recommendation: Approve a Resolution establishing the Monterey Bay Community Power Authority and approving the City of Salinas as a founding member of the Authority; adopt Ordinance authorizing the implementation of a Community Choice Energy program in the City of Salinas; direct staff to move forward on discussions and participation for City of Salinas's share of the credit guarantee; and appoint two representatives of this governing body to serve as a primary and alternate on the newly formed Monterey Bay Community Power Board of Directors. Attachments: Community Power final 3-21-17 MBCP JPA 1.20.17 Word ID#17-152 Conditional Use Permit 2016-019 Recommendation: A Resolution regarding the Planning Commission's denial of Conditional Use Permit 2016-019. (Continued from March 7, 2017) Attachments: CUP 2016-019 03-21-17 CC Staff Report CUP 2016-019 CC Reso CUP 2016-019 CUP 2016-019 Exhibits CUP 2016-019 03-07-17 CC Staff Report 01-18-17 PC Staff Report no exhibits PC Resolution 2017-01 01-26-17 Appeal Letter CUP 2016-019 CC Staff Report attachments Support Letter for CUP 2016-019, Received 3-17-2017 2014 Crime Data for PRD 132 2015 Crime Data for PRD 132 2016 Crime Data for PRD 132 ADMINISTRATIVE REPORT ID#17-145 Parking Enforcement Activities Update Recommendation: Receive Interim Report on the parking enforcement activities. Attachments: CC RPT 0321 2017 Parking Enforcement Activities CONSENT AGENDA All matters listed under Consent Agenda may be enacted by one motion unless a member of the Council or the public requests discussion or a separate vote. ID#17-043 Minutes Recommendation: Approve minutes of January 24, 2017; February 7, 2017; and February 21, 2017. City of Salinas Page 3 Printed on 3/17/2017 City Council Meeting Agenda - Final March 21, 2017 ID#17-153 Financial Claims Report Recommendation: Approve financial claims report. Attachments: Claim Checks 03-16-17.pdf ID#17-081 Housing Element Annual Progress Report for 2016 Recommendation: Approve a Resolution accepting the Housing Element Annual Progress Report for 2016 and authorizing its submittal to the California Department of Housing and Community Development and the Governor's Office of Planning and Research. Attachments: CC staff report HE Annual Progress Report for 2016.dft2. Exhibit A - HE Annual Element Progress Report 2016 CC Resolution HE Annual Progress Report for 2016 Highlights of 2016 HE Progress Report to HCD.final PC Reso 2017-002 Unofficial PC Minutes for March 1 2017 ID#17-122 Ordinance regarding the qualifications for members of City Commissions, Committees, and Boards Recommendation: Consider an Ordinance allowing residents of the United States and city of Salinas who are not United States citizens to serve as members of City Commissions, Committees, and Boards. Attachments: Qualification for Commissions, Committees, or Boards (3-21-2017) ID#17-131 Residential Permit Parking Program - El Paso Place Opt Out Request Recommendation: Approve a Resolution approving the opt out request from residents from El Paso Place to be removed from the District 3A Residential Permit Parking Program. Attachments: Report and Resolution El Paso Place Opt Out Map Petition ID#17-141 Assessment of Fair Housing (AFH) Regional Collaboration Agreement Recommendation: Approve a Resolution authorizing the Assessment of Fair Housing (AFH) Regional Collaboration Agreement between the City of Salinas, County of Monterey - Urban County, City of Monterey, City of Seaside and Housing Authority of the County of Monterey (HACM). Attachments: CC AFH Collaboration Agreement Staff Report (CJ 3-6-17) Final AFH Collaboration Agreement CC AFH Collaboration Agreement Resolution (CJ 3-6-17) City of Salinas Page 4 Printed on 3/17/2017 City Council Meeting Agenda - Final March 21, 2017 ID#17-148 Monterey Regional Water Pollution Control Agency Cost Sharing Agreement Recommendation: Approve a Resolution authorizing a cost sharing agreement with Monterey Regional Water Pollution Control Agency for engineering services in an amount not to exceed $72,000. Attachments: staff report for cost sharing March21 2017 final ID#17-154 Local State of Emergency Response and Recovery Budget Recommendation: Approve a Resolution proclaiming a state of emergency in the City caused by a succession of winter storms during the month of February; and approve a Resolution approving a $1,560,000 supplemental appropriation in the Capital Projects Fund to advance fund the disaster recovery costs associated with the recent storm. Attachments: CC Rpt Storm 2017 Final COUNCILMEMBERS’ REPORTS, APPOINTMENTS AND FUTURE AGENDA ITEMS Receive communication from Councilmembers on reports, appointments and future agenda items. Councilmember comments are generally limited to three minutes. ADJOURNMENT _____________________________ Patricia M. Barajas, City Clerk AGENDA MATERIAL / ADDENDUM ANY ADDENDUMS WILL BE POSTED WITHIN 72 HOURS OF REGULAR MEETINGS OR 24 HOURS OF SPECIAL MEETINGS, UNLESS OTHERWISE ALLOWED UNDER THE BROWN ACT. CITY COUNCIL REPORTS MAY BE VIEWED AT THE SALINAS CITY CLERK’S OFFICE, 200 LINCOLN AVENUE, SALINAS, AND ARE POSTED ON THE CITY’S WEBSITE AT WWW.CITYOFSALINAS.ORG ON THE THURSDAY BEFORE THE MEETING. PUBLIC MATERIAL FOR OPEN CITY COUNCIL MEETINGS, THAT IS DISTRIBUTED TO THE MAJORITY OF THE CITY COUNCIL LESS THAN 72 HOURS BEFORE THE MEETING, MAY BE VIEWED AT THE CITY CLERK’S OFFICE. THE CITY COUNCIL MAY TAKE ACTION THAT IS DIFFERENT THAN THE PROPOSED ACTION REFLECTED ON THE AGENDA. DISABILITY-RELATED MODIFICATION OR ACCOMMODATION, INCLUDING AUXILIARY AIDS OR SERVICES, MAY BE REQUESTED BY ANY PERSON WITH A DISABILITY WHO REQUIRES A MODIFICATION OR ACCOMMODATION IN ORDER TO PARTICIPATE IN THE MEETING. REQUESTS SHOULD BE REFERRED TO THE CITY CLERK’S OFFICE AT 200 LINCOLN AVENUE, SALINAS, 758-7381, AS SOON AS POSSIBLE BUT BY NO LATER THAN 5 P.M. OF THE LAST BUSINESS DAY PRIOR TO THE MEETING. HEARING IMPAIRED OR TTY/TDD TEXT TELEPHONE USERS MAY CONTACT THE CITY BY DIALING 711 FOR THE CALIFORNIA RELAY SERVICE (CRS) OR BY TELEPHONING ANY OTHER SERVICE PROVIDERS’ CRS TELEPHONE NUMBER. City of Salinas Page 5 Printed on 3/17/2017 City Council Meeting Agenda - Final March 21, 2017 PUBLIC NOTIFICATION This agenda was posted on Thursday, March 16, 2017 at the City Clerk’s Office, in the Council Rotunda, and the City's website. Meetings are streamed live at https://salinas.legistar.com/Calendar.aspx and televised live on Channel 25 at 4 p.m. on the date of the regularly scheduled meeting and will be broadcast throughout the day on the Wednesday, Friday, Saturday and Monday following the meeting. Recent City Council meetings may also be viewed on the Salinas Channel at http://vimeo.com/channels/thesalinaschannel or on the Salinas Channel on YouTube at http://www.youtube.com/thesalinaschannel. City of Salinas Page 6 Printed on 3/17/2017

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