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SALINAS CITY COUNCIL/REDEVELOPMENT AGENCY

MARCH 6, 2007 MEETING MINUTES

 

Mayor Donohue convened the City Council and Redevelopment Agency meeting at 5 p.m.

 

Present:

Mayor/Chairperson Dennis Donohue

Council/Agency member Janet Barnes

Council/Agency member Tony Barrera                      

Council/Agency member Gloria De La Rosa

Council/Agency member Jyl Lutes

Council/Agency member Sergio Sanchez

Council/Agency member Steve Villegas

 

Also Present:

City Manager/Chairperson Dave Mora

City Attorney/Agency Counsel Vanessa Vallarta

City Clerk/Secretary Ann Camel

 

CITY OF CHAMPIONS

Councilmember Barrera commended Jose and Marina Martinez for their outstanding community service, particularly at the Firehouse Recreation building.

 

PUBLIC COMMENTS

Al Espindola stated that parents should also be trained to assist in reducing gang activity.

 

Jose Castaneda, Alisal Union School District, stated that residents do report crime, but the Police response is lacking.  The Police Chief has not responded to their invitation to attend the Board meetings, and his inability to speak Spanish hampers his ability to communicate with monolingual Spanish speakers.  Mr. Castaneda stated that the Police Chief should reach out and establish relationships within the East Salinas community.

 

JOINT CITY COUNCIL/REDEVELOPMENT AGENCY CONSENT RESOLUTION

 

SALINAS REDEVELOPMENT AGENCY/COUNCIL ACTION

Agency/Council member Sanchez abstained on the Consent Items regarding Lacey Lane because his wife manages a business in Oldtown Salinas.

 

Upon motion by Agency member Barnes and second by Agency member De La Rosa, the Agency unanimously adopted the Consent Resolution, with Agency member Sanchez abstaining on Consent Item No. 3.

 

Upon motion by Councilmember Barnes and second by Councilmember De La Rosa, the Council voted unanimously to adopt the Consent Resolution, with Councilmember Sanchez abstaining on Consent Item No. 9.

 

SALINAS REDEVELOPMENT AGENCY

1.      Approved minutes of meetings of February 20, 2007.

 

2.      Accepted financial claims report.

 

3.      Adopted RESOLUTION 848 rescinding SRA Resolution No. 846 and authorizing conveyance of 121 square feet of land on Lacey Lane to Maya Cinemas and 2,270 square feet to the City of Salinas for public access and public utilities.  Councilmember Sanchez abstained.

 

CITY COUNCIL CONSENT RESOLUTION

1.      Approved minutes of meeting of February 20, 2007.

 

2.    Accepted financial claims report.

 

3.      Accepted monthly financial report for January 2007.

 

4.      Adopted ORDINANCE 2465 adding Section 1-12 to the City Code toestablish a one-year statute of limitations for filing tax refund claim, introduced on February 20, 2007.

 

5.      Adopted RESOLUTION 19156 authorizing the direct purchase of a Pierce Contender Type III Wildland Fire Engine from Golden State Fire Apparatus, Inc. 

 

6.      Accepted public improvements for the Boronda Crossing Development for maintenance and responsibility and admit North Davis Road into the City street system.

 

7.      Authorized the Mayor to sign letter in response to Grand Jury findings relating to residency of elected office holders.

 

8.      Adopted RESOLUTION 19157 approving Contract Change Order No. 7 in the amount of $122,281 for the North Main Street Improvements (from Alvin Drive to Lamar Street), Project 9282 and 9307.

 

9.  Adopted RESOLUTION 19159 rescinding Resolution No. 19125 and accepting the dedication of property commonly known as Lacey Lane from the Salinas Redevelopment Agency for public access and public utilities.  Councilmember Sanchez abstained.

 

The Redevelopment Agency adjourned at 5:20 p.m.

 

PUBLIC HEARINGS

 

1.   First Amendment to Fiscal Year 2006-07 Action Plan:  1) Provide additional $120,000  in Community Development Block Grant (CDBG) funding for City project to provide handicap-accessible restrooms at Closter and Central Parks; and 2) Provide $350,000 (CDBG) for City project to improve Breadbox Recreation Center.

 

David Swanson, Planning Manager, presented his report. 

 

Mayor Donohue opened the public hearing.

 

In response to Al Espindola, Deputy City Manager Rob Russell stated that the existing Closter Park facility would be used for maintenance services, and he will provide additional information.

 

 

 

 

COUNCIL ACTION

Upon motion by Councilmember Lutes and second by Councilmember De La Rosa, the Council approved the First Amendment to the Fiscal Year 2006-07 Action plan, and adopted RESOLUTION 19158 effecting the Amendment and directing staff to notify HUD.

 

2.   Urgency interim ordinance (moratorium) on medical marijuana dispensaries pursuant to Government Code §65858.

Trevor Iida, Police Commander, stated that dispensaries have been opened throughout the State with positive and negative effects.  The City must consider safety, quality of life, and conflict with federal laws prior to adopting an ordinance that would either allow or disallow dispensaries.  City staff is unable to identify impacts without specified information being provided by applicant.  The urgency ordinance would allow study of the situation.  If the urgency interim moratorium is approved, it would remain in effect for forty-five days to allow study of the matter.  There are not currently any pending applications. 

 

Councilmember De La Rosa requested statistics on residents using medically dispensed marijuana. 

 

In response to Councilmember Sanchez, Commander Iida stated that Santa Cruz is the nearest dispensary.

 

Jose Ibarra stated that an elected official has spoken against allowing such a dispensary before listening to the community.  The federal law was based on inaccurate information from the Food and Drug Administration.   The Supreme Court is considering a case that considers new medical information.  Crime would not increase as the result of marijuana dispensaries.  The City should remain unbiased during the forty-five day period.

 

Al Espindola stated that the marijuana dispensaries serve a medical purpose, and the pros and cons should be considered.

 

Theresa Barajas, Sun Street Centers, stated that approving dispensaries sends a message to youth that marijuana is acceptable, and they support an indefinite ban.

 

Able Villalobos, Sun Street Centers, opposes marijuana dispensaries. 

 

Christina Diaz, Sun Street Centers, opposes marijuana dispensaries. 

 

Ms. Vallarta noted that the City received an e-mail from Michael Corlett opposing medicinal marijuana clinics in the City. 

 

Councilmember Lutes stated that she does not believe opening dispensaries encourages the use of marijuana among children any more than dispensing prescription drugs would.  She stated that her first husband was part of a trial before he died of cancer in 1984, and no one questioned the use any more than that for any narcotic that he was prescribed.  It is compassionate and humane, and the people of California have spoke.  However, she agrees that the City should study the issue. 

 

Councilmember De La Rosa stated that her brother died of AIDS in 1994, and he was given marijuana in tablet form.  As a nurse, she understands the use of medical marijuana, and the community needs to be educated on how the highly regulated clinics work.  She would like information on how many community members require medical marijuana, because it is a compassion issue.

 

Councilmember Barnes stated that she would not like an experience similar to Santa Cruz’s, because she believes there is potential for abuse.  She would like information.  She believes it would be different if the marijuana were being dispensed by a pharmacy.

 

Councilmember Sanchez stated that he spent fifteen years working for medical centers, including three years in a cancer unit.  He would like Sun Street to educate young people on the difference between legal and illegal use, and to be compassionate and sensitive on the subejct.  He agrees that the City Council does not know enough, and he bases his decisions on necessity and the need of the community.  He visualized a last stage AIDS patient having to drive to Santa Cruz to obtain medical marijuana. 

 

COUNCIL ACTION

Upon motion by Councilmember Lutes and second by Councilmember Sanchez, the Council unanimously adopted urgency moratorium ORDINANCE 2466 on medical marijuana dispensaries.

 

COUNCILMEMBER REPORTS

 

Mayor Donohue appointed Councilmembers Barnes, De La Rosa, and Villegas to the Pool Committee.

 

Mayor Donohue requested the City Attorney to return to Council with an analysis and recommendation regarding prostitution free zone ordinance.

 

Councilmember Lutes requested the City Attorney to draft a shopping cart ordinance.

 

Councilmember Barrera appointed Cindy Marsh to the Animal Shelter Committee.

 

Mayor Donohue appointed Councilmember De La Rosa to the PAL Board.

 

Councilmember Sanchez reported on the Guanajuato Governor Juan Manuel Oliva Ramirez’s visit to Salinas and other Monterey County communities.  He thanked the Police Department for their response in escorting the Governor to the event and in locating the missing child from last night. 

 

Councilmember Sanchez stated that he wants more law enforcement to address the recent increase in community violence, whether it is the California Highway Patrol or hiring more Police Officers.  The City needs to get to the root of the lack of community reporting.  He would like the Mayor to establish a committee inviting policy makers, including the City Council and the Police Community Advisory Committee, to become engaged in addressing the violence.  The Acosta Plaza gates should be closed or officers should be assigned.  Landlords should be required to evict tenants who are in gangs.  Monterey County needs to assist with social services.  Rewards for information should be offered as an incentive for information.  Soledad Correctional Facility should also participate.  Governor Schwarzenegger should come to Salinas to see what is happening.

 

Mayor Donohue agreed with Councilmember Sanchez that the Council must and will work together to address this issue.  He is conducting a town hall meeting on this issue during the next two weeks, which will be announced.

 

Councilmember De La Rosa thanked the Hebbron Heights Center staff and young volunteers who hosted a spaghetti luncheon for seniors that she and Councilmember Barrera attended.  They would like to see monthly lunches.  She thanked the anonymous resident who removes graffiti in Laurel Heights.   

 

Councilmember Barnes thanked the Police Department for working around the clock on the gang violence and for their presence in Acosta Plaza.  Intervention and prevention efforts are required in addition to the suppression.  She has a forty-page report that she co-wrote with Commander McMillin as part of their Master degree programs.  She has a slide show of Sister City Cebu that she would like to include on a future agenda.

 

Councilmember Lutes stated that some of the City’s prevention efforts are not reported.  McKinnon School’s student body of approximately 600 children performs 10,000 acts of kindness during their Acts of Kindness month.  They would like to become a Partner for Peace school that would involve parents and the community and would serve as a model for the entire city.

 

Councilmember Villegas stated that as a former Sheriff’s detective, he knows how frustrating it is to interview residents who do not report crimes because they are understandably afraid.  They provide residents with business cards with the anonymous tip line.  He urged the media to publicize the tip line telephone number. He believes Police Chief Ortega is doing everything possible and is not hampered by not being bilingual.

 

Councilmember Barrera stated that he has observed parents deny that their children are in gangs even when weapons are found in the home.  He, Commander Iida, and Deputy City Manager Rifa have been meeting with the Alisal Union School District to discuss facts.  Issues are resolved with dialogue and when information is shared.  He approached some of the Closter Park drug sellers, and  they must be faced, although it is frightening.  He encourages anyone who has a negative perception of the Police Officers to participate in a ride along.  Chief Ortega has been at every career day at each school that has invited him.  He did a good job at the District 2 meeting.

 

Mayor Donohue reported on the City Manager’s and his trip to meet with Sacramento legislators and the Governor.  Salinas’ issues are high on Assemblywoman Caballero’s agenda.  He has been asked why there is not more funding for crime prevention as opposed to funding being allocated primarily to suppression.  He believes this is beginning to happen and he forecasts that this shift will happen in the next couple of years. 

 

The City Council/Redevelopment agency recessed to closed session at 6:30 p.m., pursuant to:

a.       Government Code Section 54956.8, conference with real property negotiators City Manager/Executive Director Dave Mora, City Attorney/Agency Counsel Vanessa Vallarta, Redevelopment Director Alan Stumpf, and Assistant Redevelopment Project Manager Maria Orozco to discuss the price and terms of payment for the purchase of property located at 229 N. Sanborn Road in the Sunset Redevelopment Project Area with William and Melanie Winchester, trustees. 

b.      Government Code Section 54956.8, conference with real property negotiators City Manager Dave Mora, City Attorney Vanessa Vallarta, Deputy City Manager Jorge Rifa, and Planning Manager David Swanson to discuss the price and terms of payment for the sale or lease of property located at 1081 Buckhorn Drive with Larry Drury, Executive Director of Go Kids, Inc.

c.       Government Code Section 54956.9(b), conference with legal counsel regarding anticipated litigation (two potential cases).

d.      Government Code Section 54956.9(a), pending litigation, Morfin-Vargas, et al v. City of Salinas, California Superior Court Case No. S140911; Sixth District Case No. H027693.

e.       Government Code Section 54957.6 with its designated labor representatives Dave Mora, City Manager; Vanessa Vallarta, City Attorney; Jorge Rifa, Deputy City Manager; Finance Director Tom Kever; and 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. CANCELLED.

f.        Government Code Section 54957.6 with its designated labor representatives Dave Mora, City Manager; Vanessa Vallarta, City Attorney; Jorge Rifa, Deputy City Manager; Finance Director Tom Kever; and Teri Silva, Human Resources Manager regarding labor relations with Service Employees International Union (SEIU), SEIU Supervisors, and Salinas Municipal Employees Association/SEIU.  CANCELLED.

 

PUBLIC DISCLOSURE

At 8:15 p.m. in the City Hall Rotunda, it was publicly reported that the Salinas City Council met in closed session pursuant to Government Code Section 54956.8, conference with real property negotiators, to discuss the price and terms of payment for the sale or lease of property located at 1081 Buckhorn Drive with Larry Drury, Executive Director of Go Kids, Inc.  By a vote of 7-0, the City Council voted to direct staff to issue a request for proposals for the sale or lease of real property located at 1081 Buckhorn Drive for the disposition, development and operation of the property as a daycare center.

 

                                                                        APPROVED:

 

 

 

                                                                        _____________________________________

                                                                        Mayor/Chairperson

 

ATTEST:

 

 

 

__________________________________

City Clerk/Secretary

 


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