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SALINAS CITY COUNCIL

MINUTES OF REGULAR MEETING

 

JUNE 13, 2006

 

The City Council meeting convened in the Rotunda at 4:05 p.m.

 

Present:

Mayor Pro Tem Jyl Lutes

Councilmember Janet Barnes

Councilmember Gloria De La Rosa

Councilmember Maria Giuriato

Councilmember Robert Ocampo

Councilmember Sergio Sanchez

 

Absent:

Mayor Anna Caballero

 

Also Present:

Deputy City Manager Jorge Rifa

City Attorney Vanessa Vallarta

City Clerk Ann Camel

 

COMMENDATION

The City Council recognized Gwen Miller, retiring Executive Director of the Salinas Valley Builders’ Exchange.

 

PUBLIC COMMENTS

Glen Solomon stated that the public that would be most impacted is unaware of the proposed moratorium for new single-family and second stories in established neighborhoods.

 

Hans Jongens spoke against illegal immigration and growing public pensions.

 

Ruben Pulido, Superintendent of Alisal Unified School District, thanked the City for its vision for after-school programs.  He thanked the Educational Liaison Committee for listening to their recommendations regarding school crossing guards.  He appreciated the collaboration with Districts  on the use of Measure V funds. 

 

Joe Vierra opposes City-centered growth.

 

CONSENT RESOLUTION

Upon motion by Councilmember De La Rosa and second by Councilmember Barnes, Council voted unanimously to adopt the Consent Resolution.  Absent:  Mayor Caballero.

 

1.      Approved minutes of June 6, 2006 meeting.

 

2.      Accepted financial claims report.

 

3.      Adopted RESOLUTION 19001 calling for and consolidating the November 7, 2006 regular municipal election.

 

4.      Adopted RESOLUTION 19002approving plans and specifications for the North Main Street Improvements (from Alvin Drive to Lamar Street), Project No. 9282, and North Main Street ADA Pedestrian Ramps, Project No. 9307; authorize issuance of invitation to bid, with bids to be opened on July 18, 2006; and appropriate $500,000 of un-appropriated Salinas Traffic Impact Fess and $618,600 in Proposition 42 Funds into Project No. 9282.

 

5.      Adopted RESOLUTION 19003 authorizing the Mayor to sign a contract with the Salinas Rural Fire Protection District for City emergency and fire protection services to areas adjacent to the City from July 1, 2006 through June 30, 2009.

 

PUBLIC HEARINGS

1.      Precise Plan Amendment 06-01; An Amendment to the Mountain Valley Precise Plan to increase the size of the elementary school site from 9.0 gross acres to approximately 14.8 gross acres with approximately 3.9 gross acres being shared for recreational purposes with the City of Salinas.  The adjacent community park site would be reduced from approximately 21.3 gross acres to 17.66 gross acres.  The site is located in the PS-PP-5 (Public and Semipublic – Mountain Valley Precise Plan Overlay) District on the southwest corner of Freedom Parkway and Tuscany Boulevard (APN’s 153-671-002, 005, and 007), 

 

Senior Planner Thomas Wiles presented his report.  The Recreation-Park and Planning Commissions recommend approval of the proposed amendment. 

 

Brad Smith, Valley Community Homes President and applicant, spoke in support.  This will allow them to present the park in a completely developed manner.  

 

Robert Guillen, Deputy Superintendent for Alisal Union School District, stated that they are seeking one-hundred percent hardship funding, which would help the park to be developed to a greater degree.

 

Ruben Pulido, Alisal Union School District Superintendent, stated that children and families would have access to the school acreage.  Mr. Pulido stated that there would be a three-foot high fence to establish the school’s boundaries and for the safety and security of the children.

 

Brad Smith  stated it would be a low, wrought iron fence.   The plan does not currently show access.  The final approval of the design would remain with the Parks Department, including the fencing and gate detail.

 

Councilmember Sanchez stated that Oscar Loya School was fenced with an unattractive, chain link fence.  Mr. Smith responded that the school would have fencing.  However the borders to the twenty-one acre park would have no fencing.  The low fence to the school would have gates that are open during non-school hours and weekends.

 

Mr. Guillen stated that the agreement with the owner is for wrought iron fencing, and not chain link.  There may be a sound wall around part of the area for safety and soundproofing.

 

Councilmembers commended the developer for this partnership with the school. 

 

 

COUNCIL ACTION

Upon motion by Councilmember Barnes and second by Councilmember Ocampo, Council voted unanimously to adopt RESOLUTION 19003 approving Precise Plan Amendment 06-01.  Absent:  Mayor Caballero. 

 

2.      Precise Plan Amendment 05-02, Planned Unit Development 05-08, and Vesting Tentative Map 05-02; request from Valley Community Homes, Inc. to construct ninety-two townhouses (Tresor Townhomes) located at 1041 Buckhorn Drive in the CR-PP-2 (Commercial Retail-Williams Ranch Precise Plan Overlay) District. 

 

Associate Planner Abigail Long presented her report.  The project adds variety to housing types and provides eighteen inclusionary units.

 

Brian Finegan, on behalf of applicant, spoke in support of the staff recommendation.  This new urbanism design is not accommodated by the current Zoning Code, which is why the Zoning Code is being amended.  All of the streets and intersections would retain the current level of service A with this project.  Vehicle trips would be ninety percent less than for commercial development.

 

In response to Councilmember Sanchez, Mr. Smith stated that there is landscaping between the curb and the sidewalk, which provides an additional level of safety for school children and pedestrians.

 

Deputy City Manager Robert Russell stated that the developer would be paying traffic impact fees toward the North Sanborn and Buckhorn intersection signal.  Staff is reviewing the capital improvement project to see how quickly the $300,000 cost can be budgeted.  There would not be any improvements at Buckhorn and Falcon that would be generated by this development.  An additional access was requested at  Falcon.  But staff did not support another access because motorists would be confused if children are crossing in several locations.  Councilmember Sanchez stated that he is concerned about student safety, and the capital improvement is needed now.

 

Terry Short Vasconcellos, Williams Ranch neighbor, stated that they do not wish parking to be impacted, especially near Dr. Oscar Loya Elementary School and Buckhorn and Falcon. 

 

Rob Russell stated that parking is currently allowed on Buckhorn Drive.  A portion of Buckhorn Drive parking would be removed to allow turn lanes.

 

Councilmember Sanchez stated that he is concerned about the traffic.  He requests that measures be taken to ensure that the community is safe.  He asks the developer to consider funding the intersection signalization and to ensure the lot remains clear of debris until development starts.

 

Mr. Russell stated staff will seek alternatives to expedite the traffic signal.  

 

COUNCIL ACTION

Upon motion by Councilmember Barnes and second by Councilmember Ocampo, Council voted unanimously to adopt RESOLUTION 19004 affirming the adoption of Addendum No. 7 to the Supplemental Environmental Impact Report (SEIR) for the Williams Ranch Planned Community Precise Plan, and approving Precise Plan Amendment (PPA) 05-02; Planned Unit Development (PUD) 05-08, and Vesting Tentative Map (TM) 05-02.  Absent:  Mayor Caballero.

 

3.      Appeal of Planning Commission decision to approve a forty-percent parking reduction in connection with Site Plan Review 05-57 for the proposed conversion of an existing 1,441 square-foot Single-family Residence into a Business and Professional Office use, located at 101 East Romie Lane into the CO/R-RL (Mixed Office/Residential – East Romie Lane Corridor) District.

 

The public hearing was continued to June 20, 2006.

 

CONSIDERATION

1.      Approval of Oldtown Salinas Association Assessment District Report FY 2000/2007 and Resolution Of Intention to levy and collect an annual assessment for the District.

 

Councilmember Sanchez announced that his wife manages a restaurant in the assessment district and he would abstain from this item.  He left the room during discussion on this item.

 

Redevelopment Director Alan Stumpf presented his report. 

 

Louis Alvarez, President of the Oldtown Salinas Association, spoke in support.

 

Dan Henke, Lighthouse Home Loans, 523 South Main Street, protested the inclusion of his business in the Oldtown Salinas Assessment District. 

 

City Attorney Vanessa Vallarta stated that written protests should be filed by the time of the public hearing. 

 

Bridget McGrath Massie spoke in support of the assessments.  

 

Councilmembers spoke in support.  Councilmember De La Rosa encouraged Mr. Henke to become involved with the Association.  She commended the Board and the Executive Director.

 

Councilmember Barnes commented on the success of the Oldtown Market.

 

COUNCIL ACTION

Upon motion by Councilmember Barnes and second by Councilmember Ocampo, Council voted to adopt  RESOLUTION 19005 approving the Annual Report and RESOLUTION OF INTENTION 505 to levy and collect an annual assessment.  AYES:  Councilmembers Barnes, De La Rosa, Giuriato, Ocampo, and Mayor Pro Tem Lutes.  ABSTAIN:  Councilmember Sanchez.  ABSENT:  Mayor Caballero.

 

2.   Sign Permit 06-30; Consideration of whether a proposed 25-foot high two-sided Freestanding Electronic Reader Board Sign with 218 square-feet of total sign area located at 1040 North Main Street at the Salinas Sports Complex in the PS (Public and Semipublic) District is proper and in the public interest pursuant to Zoning Code Section 37-5.

 

Councilmember Sanchez returned to the dais.

 

Senior Planner Thomas Wiles presented his report. 

 

Deputy City Manager Robert Russell clarified that the sign includes an HSBC sign.  However, the Planning Commission recommended against allowing commercial advertising on the reader board.  There was not specificity about corporate sponsorship advertising.  Staff presumes that this would not be allowed, although Council may wish to review this for appropriateness.

 

In response to Councilmember Barnes, City Attorney Vallarta stated that the City has discretion to restrict advertising in the way it has been proposed.  The restriction on advertising content is to promote the public interest.  The State’s Stop Tobacco Access to Kids Enforcement Act, adopted in 1997, prohibits advertising of tobacco products on outdoor billboards within 1,000 feet of any school or public playground.  So there may be a restriction regarding tobacco advertising.

 

Doc Etienne, Rodeo Association, stated that the report demonstrates a reasoned recommendation and reasonable flexibility.  They are, however, concerned about the third-party advertising as to the corporate sponsorship. They would like condition three of the Resolution relating to third party commercial advertising to state “excluding” instead of “including” corporate sponsorship.  There is a great deal of benefit to the community by allotting twenty-five percent of all sign messages for public service announcements.

 

Warren Wayland, Rodeo Association, spoke in support of allowing corporate sponsorships on the reader sign, which would benefit the soccer leagues. 

 

Councilmember Ocampo spoke in support of allowing the corporate sponsor signage.

 

Councilmember Barnes amended her motion allow corporate sponsorship on the reader sign. 

 

Councilmember Giuriato asked that alcohol and tobacco advertising be excluded in keeping with the City’s direction with SUBA.  Most of the Rodeo’s activities are youth and family oriented.

 

AMENDED MOTION

Councilmember Barnes amended the motion to allow corporate sponsorship signage excluding alcohol and tobacco advertising.  The amended motion was approved by Councilmember De La Rosa.

 

Councilmember De La Rosa stated that she has confidence in the Rodeo Association’s integrity. 

 

COUNCIL ACTION

Upon motion by Councilmember Barnes and second by Councilmember De La Rosa, Council voted unanimously to adopt RESOLUTION 19006 finding that the proposed sign is exempt from the California Environmental Quality Act, determining that the sign is proper and in the public interest pursuant to Zoning Code Section 37-5, and approving Sign Permit 06-30 with an amendment allowing corporate sponsor signs with the exception of alcohol and tobacco advertising.  Absent:  Mayor Caballero.

 

3.  California Rodeo Association’s Request for Extended Hours for Concerts.

 

Deputy City Manager Jorge Rifa presented his report.  Staff recommends that Council continue to individually consider requests to extend concert hours until the City has additional experience with these exceptions.

 

Roger La Fountain, Rodeo Association, stated that he would continue to appear before the Council with their requests if Council prefers.

 

John Viarengo stated that the Sports Complex was built after the neighborhood was established.  He is not an adversary of the Sports Complex.  They are requesting sensitivity for the neighbors regarding the noise.  The Association has become more responsive to the neighborhood’s needs.  They are pleased with the youth center and softball diamonds, and most of the improvements have been good.

 

The promoter of the Scorpion’s concert stated that the thirty-minute extension is needed.  The concert will be similar to the Eagles’ concert. 

 

MOTION

Councilmember Barnes moved to approve the request to extend the hours for four concerts per year subject to Council’s approval and to extend the hours for the Scorpion’s concert.  The motion was seconded by Councilmember De La Rosa.

 

Councilmember Giuriato asked whether the proposal is to allow extended hours for four concerts per year subject to Council’s approval of each request.

 

Councilmember Sanchez stated that he would support allowing extended hours for more than four concerts per year.  He has to weigh the greater benefit to the community compared to the impact to the neighborhood. 

 

Ms. Vallarta clarified the motion is to approve the Rodeo Association’s right to request extended hours for up to four concerts per year, in addition to authorizing extended hours for the Scorpion’s concert.

 

AMENDED MOTION

Councilmember Barnes amended her motion to approve the Rodeo Association’s right to request extended hours for up to four concerts per year and approving the extended hours for the Scorpion’s concert.  The amendment to the motion was approved by Councilmember De La Rosa.

 

In response to Councilmember Giuriato, Mr. La Foundation stated that they have surveyed the surrounding area.  Mr. La Fountain stated that the interest was diverse but residents were supportive.

 

Mr. Rifa noted that the Council’s action would become effective July 1, 2006.  He asked if the Scorpions’ concert is one of the four concerts in the next year.

 

AMENDED MOTION

Councilmember Barnes amended her motion to authorize an extension to 10:30 p.m. for the July 3rd Scorpions’ concert and approving the Rodeo Association’s right to request extended hours for up to four concerts per year beginning July 1, 2006, not including the Scorpion’s concert.   The amendment was approved by Councilmember De La Rosa and passed unanimously.

 

COUNCILMEMBER REPORTS/FUTURE AGENDA ITEMS

Councilmember Barnes stated that she met with District residents who would like an ad hoc committee on infill issues.  Councilmember Giuriato agreed that this is a City-wide issue.

 

Councilmember Sanchez asked to recognize the top Monterey County speller. 

 

Councilmember Giuriato asked to recognize the Save a Spot for College awardees.

 

ADJOURNMENT

The meeting adjourned at 6:30 p.m..

 

The City Council met in closed session pursuant to:

a.      Government Code Section 54956.9, (Subdivision (a) pending litigation, Kenneth Bough v. Cityof Salinas, Workers’ CompensationAppeals Board Case No.: SAL 98900

b.      Government Code Section 54956.9(a), pending litigation, City of Salinas v. County of Monterey, et al, Superior Court Case No. M72983 (Rancho San Juan)

c.      Government Code Section 54956.9(a), pending litigation, Salinas Auto Center Association and NESTech Management Group, Inc. v. City of Salinas, Tony Sammut Development, et al, Monterey County Superior Court Case No. M77789.

 

 

                     &nb sp;                                      APPROVED:

 

 

 

                     &nb sp;                                      ____________________________________

                     &nb sp;                                      Mayor

 

ATTEST:

 

 

 

_________________________________

City Clerk

 


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