City Council

200 Lincoln Ave., Salinas, City of Salinas CA 93901 www.cityofsalinas.org Meeting Minutes - Unofficial City Council Mayor Kimbley Craig Councilmembers: Carla Viviana González, District 1 - Tony Barrera, District 2 Steve McShane, District 3 - Orlando Osornio, District 4 Andrew Sandoval, District 5 - Anthony Rocha, District 6 Jim Pia, Interim City Manager Christopher A. Callihan, City Attorney City Clerk’s Office: (831) 758-7381 Tuesday, April 23, 2024 4:00 PM SALINAS ROTUNDA PLEDGE OF ALLEGIANCE ROLL CALL Present: 7- Councilmember Tony Barrera Councilmember Carla Viviana Gonzalez Councilmember Steve McShane Councilmember Orlando Osornio Councilmember Anthony Rocha Councilmember Jose Andrew Sandoval Mayor Kimbley Craig PROCLAMATION The City Council proclaimed: Small Business Week, April 28 - May 4, 2024. GENERAL PUBLIC COMMENTS Received public comment from members of the public in attendance and on Zoom. PUBLIC HEARINGS ID#24-215 Fiscal Year 24-25 City-Wide Schedule of Fees and Service Charges Annual Update Received report from Senior Finance Management Analyst Abe Pedroza the City’s fee schedule reviewed and adjusted by each department, as applicable, to ensure fees and charges keep pace with inflation, providing full recovery of City service costs. The updated Schedule of Fees and Charges goes into effect 60 days after City Council adoption and will begin July 1, 2024. FY 2024-25 recommended CPI increase for consideration is 3.7%. Official report filed with the City Clerk. The following audience members commented on the report: City of Salinas Page 1 City Council Meeting Minutes - Unofficial April 23, 2024 David Maisonneuve, District 3 Resident Upon motion by Councilmember Rocha, seconded by Councilmember Gonzalez, Resolution authorizing the adjustments and addition to the City-wide Schedule of Fees and Service Charges Effective July 1, 2024 was approved. The motion carried by the following vote: Ayes: 7- Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig Enactment No: RES 22940 ID#24-214 City Development Impact Fees Annual Adjustment Received report from City Engineer Adriana Robles regarding the adjustment of the City development impact fees by 2.6% effective July 1, 2024. The increase is based on the Engineering News Record (ENR) construction cost index (CCI) increase over the last year, which is consistent with the fee ordinance. Official report filed with the City Clerk. Upon motion by Councilmember Rocha, seconded by Councilmember Barrera, Resolution increasing the City Development Impact Fees by 2.6% effective July 1, 20242 was approved. The motion carried by the following vote: Ayes: 7- Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig Enactment No: RES 22941 ID#24-216 Sanitary Sewer Development Impact Fee Update Received report from City Engineer Adriana Robles regarding updating the Sanitary Sewer Development Impact Fee schedule effective July 1, 2024. The Sanitary Sewer Development Impact Fee schedule update modifies the impact fees to align with the adopted Sanitary Sewer Master Plan Update and AB 602. Official report filed with the City Clerk. The following audience member commented on the report: Unidentified audience member David Maisonneuve Upon motion by Councilmember Barrera, seconded by Councilmember Rocha, Resolution updating the Sanitary Sewer Development Impact Fee to align with the adopted Sanitary Sewer Master Plan Update and AB 602 was approved. The motion carried by the following vote: Ayes: 7- Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig Enactment No: RES 22941 ID#24-220 2023 AB 481 Annual Report, Renewal of Ordinance No. 2657, and Purchase of AB 481 Equipment Received report from Acting Chief of Police John Murray regarding Assembly Bill 481 codified in Government Code sections 7070 through 7075 which requires a law enforcement agency to obtain approval from the applicable governing body, by adopting a City of Salinas Page 2 City Council Meeting Minutes - Unofficial April 23, 2024 military equipment use policy by ordinance, prior to taking certain actions related to the funding, acquisition, or use of “military equipment” as defined by the Bill. As required by AB 481, staff presented the 2023 AB 481 Annual Report and requested renewal of Ordinance No. 2657 to allow SPD to continue utilizing this necessary equipment. The department is also requesting the purchase of new AB 481 equipment for the Special Weapons and Tactics (SWAT) Team from LC Action for a total cost not to exceed $10,499.11. Official report filed with the City Clerk. The following audience members commented on the report: Eric Petersen MOTION Councilmember Barrera moved to approve to renew Ordinance No. 2657 pertaining to military equipment funding, acquisition, and use, and authorize the Interim City Manager to approve the direct purchase of AB 481 equipment for a total cost not to exceed $10,499.11. Motion was second by Councilmember McShane. Councilmember Rocha requested a friendly amendment to the motion directing staff to work on amending the ordinance language regarding the use of the MRAP at community events without impacting the Department's use of the MRAP for emergencies and preplanned operations as part of the renewal process. Friendly amendment was accepted by the makers of the motion. Upon motion by Councilmember Barrera, seconded by Councilmember McShane, Resolution pertaining to military equipment funding, acquisition, and use, and authorize the Interim City Manager to approve the direct purchase of AB 481 equipment for a total cost not to exceed $10,499.11; and directing staff to work on amending the ordinance language regarding the use of the MRAP at community events without impacting the Department's use of the MRAP for emergencies and preplanned operations as part of the renewal process was approved. The motion carried by the following vote: Ayes: 7- Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig Enactment No: RES 22943 STUDY SESSION ID#24-190 General Plan Update/Visión Salinas 2040: Public Safety and Health and Environmental Justice Study Session Received report from Senior Planner Monica Gurmilan regarding guidance on emerging topics of conversation and priorities of the Public Safety and Health and Environmental Justice Elements being prepared as part of the General Plan update. The Health and Environmental Justice Element is a new state mandate and is meant to establish goals and programs related to understanding and addressing environmental injustices in the community. Public Safety discussion expands on the current, broader, Safety Element, which has now been split into two separate chapters, Environmental Safety and Public Safety. The Public Safety Element also tackles issues pertaining to inequity and seeks to work in conjunction with Health and Environmental Justice Element to create a safer, healthier, thriving Salinas for all. Official report filed with the City Clerk. The following audience members commented on the report: Mary Ann Worden City of Salinas Page 3 City Council Meeting Minutes - Unofficial April 23, 2024 Unidentified audience member No action required. Report regarding the Public Safety and Health and Environmental Justice element of the General Plan/Vision Salinas 2040 was presented to the City Council. CONSENT AGENDA ID#24-231 Minutes Upon motion by Councilmember Osornio, seconded by Councilmember Sandoval, the minutes of April 9, 2024 were approved. The motion carried by the following vote: Ayes: 7- Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig ID#24-234 Financial Claims Upon motion by Councilmember Osornio, seconded by Councilmember Sandoval, the financial claims report was approved. The motion carried by the following vote: Ayes: 7- Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig ID#24-146 Amendment No. 2 to Master Services Agreement with 2nd Nature LLC Upon motion by Councilmember Osornio, seconded by Councilmember Sandoval, Resolution authorizing the Interim City Manager to execute Amendment No. 2 to the Master Services Agreement for Professional Services between the City of Salinas and 2nd Nature LLC for NPDES permit compliance support, watershed modeling, ArcGIS field applications, and geospatial data management in an amount not to exceed $2.5 million for the duration of the Agreement and extending the term of the Agreement until October 1, 2025 was approved. The motion carried by the following vote: Ayes: 7- Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig Enactment No: RES 22944 ID#24-178 Amendment No. 4 to Agreement for Services with Benitez Security Services, Inc. Upon motion by Councilmember Osornio, seconded by Councilmember McShane, Resolution authorizing the Interim City Manager or designee to execute Amendment No. 4 to Agreement for Services with Benitez Security Services, Inc. increasing the total not to exceed compensation amount to $1,065,237 and extending the term through June 30, 2024 was approved. The motion carried by the following vote: City of Salinas Page 4 City Council Meeting Minutes - Unofficial April 23, 2024 Ayes: 7- Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig Enactment No: RES 22945 ID#24-192 Annual Maintenance Service Agreement with EnvisionWare, Inc. Upon motion by Councilmember Osornio, seconded by Councilmember Sandoval, Resolution authorizing the Interim City Manager to enter into a service agreement with EnvisioinWare, Inc. for annual maintenance of the Library Automated Self-Checkout System in the amount of $35,732.62 was approved. The motion carried by the following vote: Ayes: 7- Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig Enactment No: RES 22946 ID#24-213 Amendment to the Professional Services Agreement with Wallace Group Upon motion by Councilmember Osornio, seconded by Councilmember Sandoval, Resolution approving an Amendment to the Professional Services Agreement between the City of Salinas and Wallace Group for additional scope with revised term and fee schedule for the Wastewater Rate Study for a not-to-exceed amount of $63,090.00.; and approving the transfers totaling $80,000 to CIP 9008 was approved. The motion carried by the following vote: Ayes: 7- Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig Enactment No: RES 22947 ID#24-218 Acceptance of Internet Crimes Against Children (ICAC) Grant Upon motion by Councilmember Barrera, seconded by Councilmember McShane, Resolution authorizing the acceptance of the $75,000 ICAC Grant and authorize the establishment of the ICAC Grant appropriation and corresponding revenue budget was approved. The motion carried by the following vote: Ayes: 7- Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig Enactment No: RES 22948 ID#24-219 Direct Purchase of FSIS-II Color Lab System Upon motion by Councilmember Osornio, seconded by Councilmember Sandoval, Resolution authorizing the direct purchase of the FSIS-II Color Lab System from Arrowhead Forensics for a total cost not to exceed $87,623.84 was approved. The motion carried by the following vote: City of Salinas Page 5 City Council Meeting Minutes - Unofficial April 23, 2024 Ayes: 7- Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig Enactment No: RES 22949 ID#24-223 Salinas Police and Fire 2024 Fireworks Enforcement Plan The following audience member commented on the report: Mary Ann Worden Upon motion by Councilmember Sandoval, seconded by Councilmember McShane, the 2024 Fireworks Enforcement Plan was received and accepted. The motion carried by the following vote: Ayes: 7- Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig ID#24-236 City Hall 1st Floor Build Back Project No. 8170; Change Order No. 3 The following audience members commented on the report: Mary Ann Worden Upon motion by Councilmember McShane, seconded by Councilmember Osornio, Resolution authorizing the Interim City Manager to execute Change Order No. 3 and related documents to Premier Builders, Inc. for the City Hall 1st Floor Build Back Project No. 8170 in the amount of $1,259,693; and authorize a $250,000.00 allowance for construction contingencies for future change orders to the City Hall 1st Floor Build Back Project No. 8170; and approve reallocation of American Rescue Plan Act funds (ARPA), in the amount of $800,000.00 to Adaptations to City Hall Project No. 8170 was approved. The motion carried by the following vote: Ayes: 6- Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig Absent: 1- Councilmember Sandoval Enactment No: RES 22950 ID#24-237 Modification to Classification-Salary Schedule Upon motion by Councilmember Osornio, seconded by Councilmember Sandoval, Resolution modifying the Classification - Salary Schedule to re-title the Environmental Resources Planner classification was approved. The motion carried by the following vote: Ayes: 7- Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha, Councilmember Sandoval and Mayor Craig Enactment No: RES 22951 ID#24-238 Second Amendment to the Agreement with Accountancy Corporation, DBA Maze & Associates for Accounting Services City of Salinas Page 6 City Council Meeting Minutes - Unofficial April 23, 2024 Upon motion by Councilmember Osornio, seconded by Councilmember Gonzalez, Resolution authorizing the Interim City Manager to execute a Second Amendment to the Professional Services Agreement with Accountancy Corporation, dba. Maze and Associates for accounting and financial reporting services to increase the maximum compensation from $75,000 to $200,000 was approved. The motion carried by the following vote: Ayes: 6- Councilmember Barrera, Councilmember Gonzalez, Councilmember McShane, Councilmember Osornio, Councilmember Rocha and Mayor Craig Absent: 1- Councilmember Sandoval Enactment No: RES 22952 ID#24-239 Amendment No. 1 to the Agreement for Services with Kysmet Security & Patrol, Inc. This item was tabled indefinitely. This item was tabled indefinitely. 6:30 P.M. CLOSED SESSION ID#24-212 a. Anticipated Litigation - California Government Code Section 54956.9(e)(1), conference with legal counsel regarding significant exposure to litigation (3 cases). b. Existing Litigation - California Government Code Section 54956.9, conference with legal counsel regarding, Robert Durst vs. City of Salinas, Workers’ Compensation Appeals Board Case Number(s): ADJ14890281. THE CITY COUNCIL RECONVENED IN THE ROTUNDA AT 7:30 P.M. PUBLIC DISCLOSURE Pursuant to California Government Code section 54957.1, there were no reportable actions on closed session matters. 7:30 P.M. CONSIDERATION ID#24-232 Salinas City Council District 3 Vacancy Received report from City Attorney Christopher Callihan regarding the resignation of Councilmember Steve McShane from the City Council efffective May 10, 2024. Salinas Charter section 2.7(a) provides for vacancies in the office of a Councilmember and provides the process for filling any such vacancy. Vacancies may be filled by appointment and or an election. City staff requested direction from the City Council on which option to pursue. Official report filed with the City Clerk. The following audience members commented on the report: Bill Freeman, District 3 Resident Joan Bennett Joey Martinez, District 3 Resident Tammy LaSalla, District 3 Resident City of Salinas Page 7 City Council Meeting Minutes - Unofficial April 23, 2024 Ginger Pierce, District 3 Resident Adam Pinteres Frank Savino, District 3 Resident and Business Owner Joel Panzer, District 3 Resident Karen Kameron, District 3 Resident Ren Radley, District 3 Resident Maureen Wruck, District 3 Resident Lori Durletti, District 3 Resident Marsha Peoples, District 3 Resident Michael Lipe David Mack, District 3 Resident David A. Smith, District 3 Resident Rose Clark, District 3 Resident Pat Boeingham Cary Swensen, District 3 Resident, Small Business Owner, Educator Deborah Narvaez, District 3 Resident, Monterey Central Labor Council Victor Carales, Central Labor Council Unidentified Audience member Lupe Covarrubias Martinez, District 3 Resident Dominic Dursa Amy Salmina, District 3 Business Owner Peter Szalai, District 5 Resident Bradley Clinton, District 3 Resident Mary Ann Worden Greg Jose Guerra Jaqueline Cruz Sophia Cortez Rosa Rios, District 1 Resident Grant Palmer, District 3 Business Owner Luis Xago Juarez Victor (Translation by JAV Language Solutions) Nidia Soto (Translation by JAV Language Solutions) Olga Reyna Ricardo Diaz, Jr. Marieke Desmond, District 3 Resident MOTION Councilmember McShane moved to leave the seat vacant and call for a consolidated election to fill the vacant seat with the November 2024 General Election. Motion was second by Councilmember Gonzalez. SUBSTITUTE MOTION Councilmember Rocha moved to appoint a resident of District 3 to fill the vacancy through the 2024 General Municipal Election to be held on November 5, 2024. Motion was second by Councilmember Sandoval. Upon motion by Councilmember Rocha, seconded by Councilmember Sandoval, the City Council directed staff to proceed with the process for appointment of a resident of District 3 to fill the vacancy through the 2024 General Municipal Election and call for a consolidated election to be held on November 5, 2024 to fill the reminder of the term. Substitute motion was approved. The motion carried by the following vote: City of Salinas Page 8 City Council Meeting Minutes - Unofficial April 23, 2024 Ayes: 4- Councilmember Gonzalez, Councilmember Osornio, Councilmember Rocha and Councilmember Sandoval Noes: 3- Councilmember Barrera, Councilmember McShane and Mayor Craig COUNCILMEMBERS’ REPORTS, APPOINTMENTS AND FUTURE AGENDA ITEMS Councilmember McShane reported that he attended a Blue Zones meeting on April 22, 2024. He stated that the roads in South Salinas and throughout the city are heavily traveled and require more maintenance and attention. Additionally, he requested staff address the illegal mobile food vendors on Blanco and Davis and throughout the city. In closing, he invited the community to attend a reception in his honor on May 7, 2024 at 2:30 p.m. Councilmember Rocha reported that he attended the Salinas Valley Chamber of Commerce Government Relations Committee, met with local property managers to discuss the rent stabilization and tenant protection. He requested the City Manager and City Attorney schedule a public meeting in the near future to discuss rent stabilization. Councilmember Rocha reported that he attended Salinas Valley Solid Waste Authority, Community Human Services, and Salinas Valley Groundwater Sustainability Agency meetings. Councilmember Gonzalez requested a follow up regarding the crosswalk on Williams Road and Monte Bella as she has received a number of calls regarding pedestrian safety at that intersection. She invited community youth to apply for the paid summer internship opportunity with the City of Salinas and encouraged organizations to apply for the Community Budget Sponsorship. Councilmember Barrera commended city staff for working together to address and enforce unpermitted street vendors. He reported that he met with residents at Closter Park to discuss rent stabilization. Councilmember Barrera thanked Councilmember McShane for his years of service. Councilmember Osornio invited the community to attend the YOSAL Viva Salinas event on April 26 at the Taylor Building, the Asian Cultural Experience Fair on April 27, and El Dia del Nino on April 28. Mayor Craig thanked Bob Eggers for his service on Measure G and appointed Gloria De La Rosa as his successor. She reported that she attended the Community Alliance for Safety and Peace meeting and received a presentation from Rancho Cielo and attended the Hitchcock Road Animal Service meeting as an alternate for Councilmember Gonzalez. She attended a Planned Parenthood luncheon in Monterey for women, children and families for people experiencing transition. Additionally, she reported that she attended the Salinas Valley Chamber of Commerce Awards for local businesses and did a PodCast with Natalie Cuevas of Salinas High School. In closing, she commended the Monterey County Police Offices of Association annual awards where Salinas Police Department and Salinas Fire Department staff was recognized. ADJOURNMENT At the request of Councilmember Sandoval and Barrera the meeting was adjourned with a moment of silence in memory of Sergio Alejo, Salinas resident and local business owner. City of Salinas Page 9