SALINAS CITY COUNCIL
MINUTES OF MEETING
JANUARY 23, 2007
Mayor Donohue convened the meeting at 4 p.m.
Present:
Mayor Dennis Donohue
Councilmember Tony Barrera
Councilmember Gloria De La Rosa
Councilmember Jyl Lutes
Councilmember Sergio Sanchez
Councilmember Steve Villegas
Absent:
Councilmember Janet Barnes
Also Present:
City Attorney Vanessa Vallarta
City Clerk Ann Camel
ROLL CALL
Mayor Donohue announced that Councilmember Barnes is part of
a delegation visiting Salinas’ Sister City Cebu.
CITY OF CHAMPIONS
Salinas resident Steve Bonsey was recognized for undertaking
a trans European bicycle expedition.
The City Council
recessed and the Redevelopment Agency met.
The City Council reconvened.
PUBLIC COMMENTS
Gary Karnes asked the City to consider naming a public site
at Carr Lake in honor of the late Kurt Hunter, who had worked with both the
Salinas Valley Solid Waste Authority and CSUMB’s Return of the Natives
program. The Foundation has been
considering different location options for the Alisal Marketplace.
Jose Celaya, professional boxer, introduced Kevin Zentner, boxing
promoter. Mr. Zentner stated that they
would like to host an event at the Community Center in March. It would benefit the City and local vendors
to participate in a locally-sponsored fight.
Mayor Donohue referred Mr. Zentner to staff.
The Salinas Main Post Office Station Manager and Salinas Post Master
announced that the Post Office will change its hours from 8:30 a.m. to 5 p.m.,
instead of remaining open until 6 p.m., and will begin providing hours from 10
a.m. to 2 p.m. on Saturday.
Joe Vierra spoke against abortion.
David Brown expressed concern about the transfer station’s location.
CONSENT RESOLUTION
Upon motion by Councilmember Lutes and second by Councilmember De La
Rosa, Council voted unanimously to adopt the Consent Resolution. Absent:
Councilmember Barnes.
The Consent Resolution contained the following items.
1.
Approved minutes of
meetings of January 16, 2007.
2. Accepted financial claims report.
3. Adopted
RESOLUTION 19147 declaring surplus property of playground equipment and
making a gift of the surplus property to the San Jerardo Cooperative.
4. Accepted
the Abbott Street Improvements (between John Street and E. Romie Lane), Project
9336, Natividad Road Median Island Extension, Project 9185 and Vista Nueva
Street Rehabilitation, Project 6615 for maintenance and responsibility.
5. Adopted
RESOLUTION 19148 awarding the South Main Street and West Blanco Road
Improvements (between South Main Street and Padre Drive), Project No. 9724, and
East Laurel Drive and Williams Road Raised Island Installation, Project No.
9910, to Monterey Peninsula Engineering in the amount of $432,107; and approve
a $25,500 transfer from Project No. 9438 to Project No. 9910.
6. Adopted
RESOLUTION 19149 supporting the Salinas Downtown Community’s Board’s
vision for New Chinatown.
CONSIDERATION
1. Fairways
Golf Course Maintenance
COUNCILMEMBER
SANCHEZ ANNOUNCED A POTENTIAL CONFLICT OF INTEREST BECAUSE HE WORKS FOR SEIU,
AND HE LEFT THE ROOM DURING DISCUSSION ON THIS ITEM.
Deputy City
Manager Jorge Rifa stated that this is a joint ad hoc committee and staff
recommendation. The action would
authorize the City to negotiate exclusively with Sierra Golf Management within
the next ninety days for a maintenance contract. The course would continue to be managed by the City, but
contracting for maintenance would incur some cost savings. Contract maintenance is commonplace in
public courses. Fairways has operated
at a deficit since 2001 due to high costs for staffing, downturn in playing
rounds, and Monterey County is a golfing destination. The first RFP for privatization of both courses was authorized in
2003. In May 2004, the City started
negotiating with First Tee for Twin Creeks’ operations. In July, 2006, Council discussed
privatization of Fairway’s operations.
This would
result in the transfer of four golf course workers to lateral park maintenance
worker vacancies. Three power mower
operators would transfer to park maintenance worker vacancies, but would by
“Y-rated” at their higher compensation.
The MOU with SEIU provides for contracting out if no layoffs
result. The City would continue to meet
and consult with employees and SEIU.
The Golf
Course Superintendent would fill the Parks, Grounds, and Forestry Manager
position. The Golf Course Manager would be the primary interface with the
contractor.
The proposal
would allow the City Manager to set rates in order to provide flexibility to
maximize revenues and trim expenditures, and to compete with adjoining golf
courses and react to market conditions.
The 2006-07 maintenance costs are $820,000. The Sierra contract cost is $649,000, which would provide an
annual savings of $171,000. The General
Fund has advanced $2.8 million to the golf course to date, and the annual
subsidy is approximately $900,000 annually.
The timeline includes Commission and Council deliberations in May 2007,
transitioning beginning in June 2007, and Fairways would be under private maintenance
in August 2007.
Councilmember
Lutes stated that she would like to have seen the bids and a rationale as to
why Sierra Golf Management was selected.
Deputy City Manager Jorge Rifa stated that they believed Sierra best
maintained their facilities based on their field inspection. Additionally, Sierra’s proposal was the most
responsive and balanced, and they have the experience. They did not provide the best cost savings,
but it was acceptable.
Bob Bowker,
747 West Acacia Salinas, understood that bidders would be interviewed. Their bid was $49,000 less than Sierra’s,
and he would like to have the opportunity to meet with the Committee.
Myron
Etienne, representing Mr. Bowker, requested Council to continue the item in the
interest of being fiscally responsible.
He understands that there is one individual who has an issue with Mr.
Bowker, and Mr. Bowker should have the opportunity to correct any
misunderstanding.
Mr. Mora stated that the City does not have an
obligation to award to the lowest bidder.
MOTION
Upon
motion by Councilmember Lutes and second by Councilmember Villegas, the City
Council moved to continue the item until they can see the bids and material.
Abstain: Councilmember Sanchez. Absent: Councilmember Barnes.
Mr. Mora stated that he would provide the proposals to Council and
schedule interviews with the Council Committee for all three bidders.
THE JOINT
SESSION WITH THE MEASURE V COMMITTEE WAS CONTINUED TO FEBRUARY 13, 2007.
The City
Council met in closed session pursuant to:
a.
Government Code Section 54956.9(a), pending litigation, Raras
v. City of Salinas, WCAB Case Nos. SAL 105809; 105808; 97439; 98449.
b.
Government Code Section 54956.9(a), pending litigation, Sokotowski
v. City of Salinas, WCAB Case Nos. SAL 108321; 53220; 106183
c.
Government Code Section 54956.9(a), pending litigation, Crain
v. City of Salinas, WCAB Case number pending.
d.
Government Code Section 54957.6 with its designated labor
representatives Dave Mora, City Manager; Vanessa Vallarta, City Attorney; Jorge
Rifa, Deputy City Manager; Tom Kever, Finance Director; Teri Silva, Human
Resources Manager regarding labor relations with Association of Management
Personnel, Firefighters Association, Fire Supervisors Association, Police
Officers Association, Police Management Association, Confidential Employees,
Confidential Management Employees, and Department Directors.
e.
Government Code Section 54957.6 with its designated labor
representatives Dave Mora, City Manager; Vanessa Vallarta, City Attorney; Jorge
Rifa, Deputy City Manager; Tom Kever, Finance Director; and Teri Silva, Human
Resources Manager regarding labor relations with Service Employees
International Union (SEIU), SEIU Supervisors, and Salinas Municipal Employees
Association/SEIU.
The City
Council reconvened in the Rotunda at 7:30 p.m..
CONSIDERATION
2. Salinas
Vendor Permit Ordinance Update.
Robert C.
Russell, Deputy City Manager, presented his report. There are approximately 256 authorized mobile pushcarts and
thirty-one stationary catering vehicles.
The City Code currently does not limit the number of vendors. The stationary vendors must be at least
three hundred feet away from a building.
The City Council adopted an urgency ordinance after the Salinas United
Business Association (SUBA) addressed the City Council with concerns, and since
then no new permits have been issued.
Councilmembers Barrera, De La Rosa, and Sanchez participated on a
Committee to meet with all parties and make recommendations.
The primary
issues that have been identified include that the vendor program does not
directly promote the SUBA goals; too many vendors in certain areas compromise
the ability for vendors and stationary businesses to succeed; the health and
safety issues need to be addressed; there are non-authorized vendors; and
vendors allow residents to earn money and support their families.
Staff could
impact health and safety issues. There
is erroneous information that vendors do not have to abide by regulations, when
in fact they are regulated by the Monterey County Health Department. Staff is working closer with the Health
Department in this regard. The mobile
pushcarts also are required to obtain business licenses. It is recommended that a vendor permit be
issued, as well as an identification card.
Staff recommends that the number of vendors be limited, that there be a
fifteen minute maximum time frame per location because some businesses are
impacted by vendors that do not move from the proximity of their businesses;
vendors would be prohibited on private property; and they do not operate within
three hundred feet of schools and houses of worship.
Mr. Russell
stated that the stationary vehicles are also required to have a Health permit,
business license and vendor permit.
Staff is recommending requiring an identification card and that the
number be limited to thirty-one. The
draft ordinance proposes to relocate stationary vendors to private properties
within six months with the consent of the property owner and tenants, if zoning
permits. Operating hours would be
limited to 6 p.m. and 6 a.m. so as not to compete with lunchtime businesses,
and there is a three-year phase out period.
The exception is for vendors in industrial zones, where there are not
any complaints regarding vendors as there are in commercial areas.
A meeting to
explain the proposed ordinance was held on January 8, 2007. The Development and Engineering Office is in
possession of a petition signed by 800 people.
Councilmember
Sanchez stated the Committee met more than twelve times on this subject and
received diverse input. The Committee
developed the modified vendor program that allows time for the incubation
program to be developed. Issues that
have been raised, such as vendors who were out of town when the moratorium was
established. The recommendation is to
adopt the ordinance as proposed with the incubation program establishment and
the vendor to vendor separation. He
asked about the time limitations.
Mr. Russell
responded that the mobile vendors and the fixed vendors in industrial areas
would not be subject to the time limitations.
Councilmember
Sanchez stated that the City, vendors, and SUBA should develop the incubation
program. Staff would have to develop a
timeline after staff reports regarding the cost and plan for incubation
program.
Councilmember
Barrera stated that this is great if assistance can be provided to the people
in business. However, if they fail,
they will hold the City and SUBA responsible.
They do not want to give people the impression that they can provide all
these services when they cannot.
Councilmember
Lutes asked about liability if the incubation program is developed and a
business goes out of business. The City
Attorney stated she would have to review this.
Councilmember De La Rosa asked who would be
responsible for developing the incubator program.
Councilmember
Sanchez stated that the City should take the bulk of the responsibility for
developing an incubator program because economic development is important. The City can seek resources to develop the
program. The City should not be afraid
to assume the liability for economic development and cannot simply tell vendors
that they cannot operate their businesses.
John Ramirez,
Assistant Director of Environmental Health, stated that they became involved
because of health and sanitary violations and impacts on storm water
issues. The operation hours of 6 p.m.
to 6 a.m. conflict with their health safety inspection hours during regular
business hours.
Victor Mehia,
SUBA Executive Director, stated that the history to keep vendors mobile dates
back to 1957. They have been amended to
integrate mobile vendors into the economy and have been a failure. The City needs to accept
responsibility. This is not SUBA’s
problem. The promise of an incubation
program for the thirty-one vendors should be made cautiously. SUBA is already providing incubation
programs with virtual incubation concepts, because they do not have the
necessary facilities.
Don Green,
SUBA business owner and SUBA Boardmember, urged the Council to act quickly and
decisively
Theresa
Hernandez, representing vendors, stated that it is impractical for many of the
vendors to establish in buildings, and many of them rehabilitated to become
vendors.
Mona stated
that they have questions regarding the incubation program and spoke in support
of vendors.
Pastor Frank
Gomez asked what the people in the community want. He does not believe there is competition for people who want to
eat at restaurants.
Melanie Wong
stated that vendors serve a market and help to revitalize communities.
Jose Luis
Hernandez, SUBA member, stated that mobile vendors are not supposed to be
stationary. They support option C in
the staff report.
Jose Vara
stated that the vendors provide fare that he may not be able to buy from a
restaurant. Vendors are not an issue
for the community, but for SUBA. The
City can address unlicensed vendors.
Many vendors only sell one item and would not benefit from an incubation
program.
Unidentified
speaker stated that there are bigger issues for the City to address such as
crime. The
6 p.m. to 6
a.m. time limitation may create safety issues for the vendors.
Dave
Brown,SUBA President, stated that the public’s health and safety must be
considered. SUBA can assist the
thirty-one businesses to transition to permanent locations.
Irma Coyt
stated that her dad is a sole proprietor and could not afford to hire staff to
operate the business full-time. The
vendors would be at risk of going out of business.
Juan Campos,
representing his father who has a business on East Alisal, stated that the
issue is polarizing. The vendors are
contributing to the community, but the playing field must be level in business. Not everyone is capable of opening a business.
Maria Garcia
, vendor, stated that there are more important issues before the City of
Salinas
Councilmember
Sanchez stated that SUBA brought this forward due to health and safety
concerns. The proposed ordinance deals
with illegal vendors by requiring identification. The issues have been addressed and vendors in their letters have
agreed to abide with the regulations.
The proposal could still be modified.
If the incubation program is not desired, a Mercado could be
considered. Many of the two hundred
vendors who were displaced from the flea market by the school construction are
still in business.
Councilmember
Lutes stated that she received many telephone calls from vendors’
customers. They unanimously support the
vendors, including a pastor from Watsonville and a doctor who said there should
not be any limitations on accessing produce vendors. She would like the Committee to look into the incubation program
further. She does not wish to eliminate
vendors. She supports a modified alternative
D.
Councilmember
Barrera stated that the Health Department has reported that health and safety
laws have been broken, which impacts residents’ health. There are many vendors who are selling food
illegally. He supports alternative C
with a year transition period perhaps.
Councilmember
De La Rosa stated that this is not about pitting SUBA against the vendors. Change is difficult, but you have to be able
to see the vision. She does not like
what she sees right now, and it is not sanitary. She receives complaints about licensed vendors. She supports alternative C, and she
supports the twelve month period. She
supports vending and catering trucks in designated areas only. Local vendors should receive priority for
marketplace stalls.
Councilmember
Villegas asked how many vendors are aware of SUBA’s incubation program. Mr. Mehia stated that they have not had the
opportunity to conduct considerable outreach.
However, they have already had interest from and are assisting three
vendors.
Councilmember
Villegas stated that he would like the vendors to move to stationary
locations. He spoke of his own family
history. He does not want to take away
opportunities from the vendors, but to help them to thrive.
Mayor Donohue
stated that change will occur. The
concern was sidewalk obstruction and public health, and those should be
non-negotiable. Food safety is
critical. There appears to be consensus
for limiting hours. He is concerned
about extinguishing hope, and there seems to be a legitimate market for vending
services. It is clear that it should be
sharply curtailed, limited and regulated.
There are no level playing fields in business. Both alternatives C and D require staff time, and any motion
should include a timeline.
MOTION
Councilmember
Lutes moved to support Option D in the staff report with modifications. She would like the Committee to work on the
incubator. She does not have a problem
with restricting vendors, but she wants to consider that there are people who
were in Yuma when the moratorium was imposed, and they should be
accommodated. She agrees with the 300
feet of operation and the hours proposed.
She challenged the Health Department to change their hours.
In response
to Councilmember Sanchez, Councilmember Lutes amended her motion regarding the
vendor cap to allow for vendors whose licenses expired before the
moratorium. The amended motion was
seconded by Councilmember Sanchez.
Councilmember
Sanchez stated that he believes they have listened to everyone and the proposed
ordinance achieves their goals.
Councilmember
Barrera stated that the Council as a whole considers all angles.
Mayor Donohue
asked how quickly this could return to Council. Councilmember Sanchez stated that the motion would provide
sufficient direction. The incubator term requires additional discussion.
Mr. Mora
suggested that staff would put this together conceptually during the next week,
meet with the Committee, and draft an ordinance for the vending community’s
review. They could return to the City
Council within forty-five days. Issues
include addressing how the incubator program would work. Councilmembers seem to
be stating that there is a role for some vendors who do not want a permanent
location, but vendors that want established businesses should be
encouraged. They would consider which
vendors were left out, but there would be a fixed number of permits.
Councilmember
Sanchez noted that the moratorium is expired, and applications submitted would
be processed.
Councilmember
Lutes noted that the motion is restricted to the current and expired vendors,
and does not include new licenses.
Mr. Callihan
clarified that the urgency moratorium has expired and applicants have the
opportunity to apply until a new ordinance is adopted and goes into effect.
Mr. Mora
suggested that staff return with an ordinance establishing the cap on vendors
immediately and follow with an ordinance incorporating the other proposals.
COUNCIL
ACTION
Councilmember
Lutes amended her motion to adopt Option D in the staff report with the
following amendments: 1) the Council
Committee reconsider the incubation program; 2) an ordinance return to the City
Council at the following meeting that caps the number of vendors but includes
vendors whose licenses expired because they were out of town during the moratorium; 3) a
comprehensive ordinance returns to the City Council within ninety days that
encourages vendors who want to establish businesses; and 4) that the adopted
comprehensive Ordinance returns to Council for evaluation after ninety
days. The amended motion was second by
Councilmember Sanchez and passed unanimously.
Absent: Councilmember Barnes.
Councilmember
Sanchez stated that they can work on identifying the vendors who were out of
town.. There are a few vendors who were
excluded by the moratorium, and they have been attending meetings.
COUNCILMEMBER REPORTS/FUTURE AGENDA ITEMS/TRAVEL AND MEETING
REPORTS
Councilmember Sanchez asked that the Council consider the
request to allow live events at the Community Center and other facilities in
March. Additionally, he would like a
local ordinance that prohibits the towing of unlicensed drivers’ vehicles if
they are not obstructing the right of way, in keeping with the 9th
Circuit Court of Appeals’ decision.
Finally, he is concerned about the location of the transfer station and
would like a report from both the Salinas Valley Solid Waste Authority and
staff.
Councilmember Villegas would like to consider changing the starting time for City Council meetings
from 4 p.m. to 5 p.m. for the benefit of the public and Councilmembers’ work
schedules.
Councilmember Lutes requested a status report on the
crossing guards.
Mayor Donohue appointed Councilmembers Barnes, De La Rosa,
and Villegas to the Soledad Street Revitalization Board Committee.
ADJOURNMENT
The meeting
adjourned at 9:45 p.m. in the memory of the late Kurt Hunter.
APPROVED:
________________________________
Mayor
ATTEST:
________________________________
City Clerk
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