SALINAS CITY
COUNCIL/REDEVELOPMENT AGENCY
NOVEMBER 20, 2007 MEETING MINUTES
The meeting convened at 4 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
CITY OF CHAMPIONS
Mayor Donohue recognized scientists Dr. Hennawi and Dr. Cude
for their work with Salinas Valley elementary students.
Mayor Donohue presented a commendation to Marlys Maher,
Library Commissioner, for her outstanding community service.
Councilmember Villegas presented commendations to District 5
clean-up volunteers.
Councilmember Lutes presented commendations to District 6
clean-up volunteers.
PRESENTATION
Assembly member Anna Caballero presented a
legislative status report. She is Chair
of the Local Government Committee and established a policy mandating no-harm to
local government from any Committee legislation. She is also Chair on the Select Committee on Youth Violence
Prevention, which was established following her observation of the absence of a
committee to partner with local government on youth violence in
communities. She suggested an informal
study session on the State’s deficit budget situation and Salinas’ legislative
priorities.
The City Council recognized Assembly member
Caballero on being selected as Legislator of the Year.
John Fair, Salinas Valley Chamber of
Commerce, and Sal Jimenez, Salinas Planning And Research Corporation (SPARC),
reported on SPARC, which has been established to provide a broader, coordinated
planning look.
Peter Kasavan, Salinas Valley Chamber of
Commerce Board Chair, stated that they believe that Monterey County’s proposed
parking structure belongs on the north wing of their complex, flanked by a new
civic plaza and ultimately a new city hall.
Mixed used development would be developed at the site where Monterey County
currently proposes to build the parking structure. They have met with Monterey County officials regarding the
envisioned government center, but Monterey County does not have a budget to
relocate the temporary modulars to another site. SPARC advised them that they would ask the City to assist in the
solution. This evening they are only
asking for conceptual support for joint planning. He believes that the parking structure could be constructed
within the twenty-four to twenty-six months time frame that Monterey County
faces. Church Street could be closed to
house the modulars to address Monterey County’s concern.
Councilmembers expressed support for a
master plan concept.
CONSENT RESOLUTION
Consent Item No. 4, October Financial Report.
Brett Landon stated that revenues are decreasing at a time
that the City provided more than $17 million in salary increases over the life
of employees’ contracts.
COUNCIL ACTION
Upon motion by
Councilmember De La Rosa and second by Councilmember Barnes, the Council voted
unanimously to adopt the Consent Resolution.
SALINAS CITY COUNCIL
1.
Approved minutes of
November 13, 2007 meeting.
2. Accepted financial claims report.
3. Accepted monthly Financial Report for the month
of September 2007.
4. Accepted monthly Financial Report for the month
of October 2007.
5. Adopted RESOLUTION 19365 awarding Bid No.
07/1022 to Freemotion Fitness, Out-Fit and All Around Fitness for Miscellaneous
Fitness Equipment.
6. Adopted
RESOLUTION 19366 authorizing purchase of brush chipper (Measure V
funded) using government agency cooperative purchasing provisions.
7. Adopted RESOLUTION 19367 authorizing the
direct purchase of SWAT team tactical ballistic protective vests from LC Action
Police Supply.
8. Adopted
RESOLUTION 19368 authorizing the City to submit a joint grant
application with Monterey County for the Gang Reduction, Intervention, and
Prevention Initiative (CalGRIP).
SALINAS
REDEVELOPMENT AGENCY
1. Approved minutes of November 13, 2007
meeting.
2. Approved
financial claims report.
The
Redevelopment Agency adjourned.
PUBLIC HEARINGS
1. Weed
Abatement Charges for 2007.
Tom Kever,
Finance Director, presented his report.
Al Espindola
spoke in support.
COUNCIL ACTION
Upon
motion by Councilmember Lutes and second by Councilmember De La Rosa, the
Council voted unanimously to adopt RESOLUTION 19369 approving the weed
abatement charges for 2007, and directing the Finance Director to collect the
charges from the property owners.
2. Fire Prevention Code
Amendment.
The public
hearing was continued from November 6, 2007.
Mark Latham,
Battalion Chief/Fire Marshal, presented his report. He outlined three minor changes made to the ordinance that was
introduced.
John Fair,
Salinas Valley Chamber of Commerce, spoke in support. He recommended that future Code amendments be presented to the
Chamber’s Business Development Task Force earlier during the process.
COUNCIL
ACTION
Upon motion by Councilmember Lutes and second by
Councilmember De La Rosa, the Council voted to adopt ORDINANCE 2477 amending
Salinas City Code Chapter 13, Fire Prevention, by adopting and amending the
2006 Edition of the International Fire Code, including Appendix Chapters and
errata, and the 2007 Edition of the California Fire Code, with State of
California mandated amendments to said Code, including annual supplements and
State amendments and errata, to become effective January 1, 2008.
3. Building
Code Amendment.
The public hearing was continued from November
6, 2007.
Mike Stone,
Inspection Services Manager, stated that the City will meet quarterly with the
Business Development Task force on the implementation of the Code, which the
state did not issue until July 2007 and was not received until August.
John Fair, Salinas Valley Chamber of Commerce,
spoke in support.
COUNCIL ACTION
Upon
motion by Councilmember De La Rosa and second by Councilmember Villegas,
Council voted unanimously to adopt
ORDINANCE 2478 amending Salinas City Code Chapter 9 by adopting the 2006
International Building Code including appendices, 2005 National Electrical
Code, 2006 Uniform Mechanical Code, 2006 Uniform Plumbing Code including
appendices, 2006 International Property Maintenance Code, and 2006
International Existing Building Code with local amendments, to become effective
January 1, 2008.
4. An
Ordinance Adding Article II to Chapter 34 of the Salinas City Code regarding
Implementation of the Digital Infrastructure and Video Competition Act (DIVCA)
of 2006.
Senior Deputy
City Attorney Chris Callihan, stated that under the DIVCA, the City would no
longer be able to issue franchises to video service providers effective January
2, 2008. However, the ordinance would
allow the City to continue to require encroachment permits; impose fees and
costs on State video franchise holders, including continuing to collect the 5%
franchise fee and also collecting a 1% PEG fee; and to establish service
standards. Mr. Callihan referred to
modifications made to the ordinance following the introduction as requested by
AT&T. AT&T presented a letter
in support.
Al Espindola stated that the revenues are needed.
COUNCIL ACTION
Upon
motion by Councilmember Barnes and second by Councilmember Sanchez, Council
voted unanimously to adopt ORDINANCE 2479 adding Article II to Chapter 34 of
the Salinas City Code regarding Implementation of the Digital Infrastructure and
Video Competition Act of 2006, as amended.
CONSIDERATION
1. Business
License Tax Compliance and Enforcement Program.
Tom Kever, Finance Director, presented his
report.
John Fair,
Salinas Valley Chamber of Commerce, spoke in support so that taxation can be
fair and even-handed.
COUNCIL ACTION
Upon
motion by Councilmember Barnes and second by Councilmember Villegas, the
Council voted unanimously to adopt RESOLUTION 19370 approving the consultant
agreement with Municipal Auditing Services to perform business license tax
audits beginning March 1, 2008, inclusive of a sixty-day amnesty period
beginning January 1, 2008; and RESOLUTION 19371 authorizing Municipal Auditing
Services to examine sales and use tax records.
The City
Council recessed to closed session at 6:45 p.m. pursuant to:
a. Government Code §54956.9(c), conference with legal counsel regarding anticipated litigation – one potential case.
b. Government Code Section 54957.6 with its
designated labor representatives Dave Mora, City Manager regarding labor
relations with Department Directors.
c. Government Code Section 54957, public
employee performance evaluation (City Manager.)
d. Government Code Section 54957, public
employee performance evaluation (City Attorney).
The City Council reconvened in the Rotunda at
7:30 p.m.
CONSIDERATION
2. Medical Marijuana Dispensaries
Ordinance.
Christopher
Callihan, Senior Deputy City Attorney, presented his report.
Councilmember Lutes asked why the ordinance
includes a finding that dispensaries pose a threat and a nuisance when some
cities with established dispensaries report a benefit to patients and the
community. Santa Rosa, Santa Cruz, and
Oakland have reported increased property values due to clean up of the area and
law enforcement presence.
Al Espinola read
a letter in support of allowing dispensaries to establish.
Lawrence Samuels stated that dispensaries do not
experience the problems outlined by the City’s staff, and they serve terminally
ill patients.
Daniel stated the dispensaries have hired additional
security and have good neighbor policies.
Buying locally would reduce gas costs and traffic.
Douglas Dahmen, Monterey County Homeland Security
Commander, opposes dispensaries because they serve as a storefront for illegal
marijuana distribution. Salinas and
Monterey County are jointly pursuing federal funding that would be jeopardized.
Michael Peterson, disabled veteran and Salinas
native, stated that the expenses and his disabilities make it difficult to
drive to Santa Cruz. Dispensaries would
generate revenue. He can take less pain
prescription medication because of the medical marijuana.
Dean Flippo, District Attorney, stated that
experience shows that dispensaries have distorted the purpose of the
Compassionate Use Act. Dispensaries are
illegal, and physicians may provide a recommendation for medical marijuana, but
not a prescription.
Joe Vierra
analogized dispensaries to needle exchanges and spoke in opposition.
Councilmember Lutes stated that patients’
diagnoses do not always provide them with the nine months lead time needed to
grow marijuana. She believes the
ordinance will prohibit patients from obtaining medical marijuana.
Councilmember Barrera stated that he visited the
marijuana dispensary in Santa Cruz and talked to several people as well as a
Santa Cruz judge. There were people
needing marijuana but also many people who had dual diagnoses, e.g. mental and
drug problems. One individual was
smoking marijuana in public. His
observations cause him to support Salinas’ proposed ordinance.
Councilmember Barnes stated that no one wants a
dispensary in their back yard because it is a magnet for not only people who
need it but also those who want to obtain it illegally. She does not see how property values would
increase. She questioned how the
Council could ask their officers and code enforcement officers to enforce
it. Dispensaries are not consistent
with the City’s violence intervention and prevention efforts.
Councilmember De La Rosa spoke about her
experience as a nurse and being forced to watch patients’ suffering. It takes many months to grow marijuana. She does not support
recreational marijuana
use, and medicinal use should be regulated.
Constituents should not have to travel out of town.
Councilmember Villegas stated that the
Compassionate Use Act was intended to help patients with AIDS, cancer and other
critical illness. However, lack of
regulation is ruining it for legitimate dispensaries to exist. Dispensaries are purchasing marijuana from
the black market. The State should not
impose the cost of regulating dispensaries on local government.
Councilmember Sanchez stated that he is more
concerned about suffering patients than about losing funding. Respect for suffering patients supports
peace. Some are saying it is illegal
and at the same time saying people should go to Santa Cruz. He asked how a dispenary’s impacts would be
different than that of a methadone clinic.
He has not received any mail opposing dispensaries.
Mayor Donohue stated that he prefers to find a
win/win situation. He will support the
ordinance, but has some reservations, being mindful of a veteran or gravely ill
patient requiring medicinal marijuana.
The business shifts from retail to wholesale, because there is not
enough critical mass for a retail dispensary.
He had hoped that the access question could be legitimately addressed,
and there is still access via clinics.
There is nothing wrong with different communities having different
sensibilities. It is not about sending
patients to Santa Cruz. He believes
that the adoption of the ordinance is appropriate at this time, and ordinances
and laws are dynamic.
COUNCIL ACTION
Upon motion by Councilmember Barnes
and second by Councilmember Villegas, the Council adopted ORDINANCE 2480 adding Chapter 16B to the City Code
that would prohibit the operation of medical marijuana dispensaries within the
City of Salinas, introduced on November 13, 2007. AYES: Councilmembers Barnes, Barrera, Villegas, and Mayor Donohue. NOES:
Councilmembers De La Rosa, Lutes, and Sanchez.
The meeting adjourned at 8:30 p.m..
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