SALINAS CITY COUNCIL
MINUTES OF MEETING
MARCH 7, 2006
The City Council meeting convened in the Rotunda at 4:10
p.m. after the Finance Committee meeting.
Present:
Councilmember Janet Barnes
Councilmember Maria Giuriato
Councilmember Jyl Lutes
Councilmember Robert Ocampo
Councilmember Sergio Sanchez
Absent:
Councilmember Gloria De La Rosa
CITY
OF CHAMPIONS
Mayor
Caballero recognized the Salinas High School Health Occupations Students of
America (HOSA) for their Rally Salinas! fundraising, as well as raising funds
for Habitat for Humanity.
CONSENT RESOLUTION
Upon motion by
Councilmember Barnes and second by Councilmember Giuriato, Council voted
unanimously to adopt the Consent Resolution.
Absent: Councilmember De La
Rosa. Councilmember Sanchez abstained
on Consent Item No. 8, Maya Cinemas Parking, because his wife manages and may
purchase a business in the Redevelopment area.
The Consent Resolution contained the following items.
1.
Approved minutes of
February 21, 2006 meeting.
2. Accepted financial claims report.
3. Adopted RESOLUTION
18949 authorizing submittal of grant application to the State Department of
Housing and Community Development for the Workforce Housing Reward Grant
Program.
4. Authorized the Mayor to sign a League of
California Cities letter to the California Congressional Delegation that local
government finances not suffer from any changes in the federal
telecommunications policy.
5. Adopted RESOLUTION
18950 extending the existing 10 foot Red Zone an additional 38 feet along
the northerly frontage of 1139 and 1143 John Street and extending existing 24
foot Red Zone an additional 63 feet along the southerly frontage of Los Padres
Elementary School.
6. Adopted RESOLUTION
18951 awarding contract for the based bid plus additive alternate No. 1 to
the Don Chapin Company, Inc. for the Kip Bike Path Improvements between Maryal
Drive and Kip Drive, Project 9338 in the amount of $179,982, and transfer
$185,000 of Gas Tax Funds from the Bike Lane Project 9607 to Project 9338.
7. Adopted RESOLUTION
18952 approving No Parking Zones on North Main Street and Madrid Street,
fronting the Northridge Mall Shopping Center.
8. Directed staff to retain two Passenger Loading
(white curb) Zones in front of Maya Cinema’s Main Street frontage.
CONSIDERATION
1. Transportation Agency for Monterey
County (TAMC) Proposal for a Regional Traffic Impact Fee.
Deputy City
Manager Rob Russell stated that TAMC is seeking cities’ input and would return
at a later date to request action.
Bill
Reichmuth, TAMC, stated that the fourteen year, $1 billion revenue proposal
includes $180 million in impact fee revenues.
They are not only looking at roadway and highway projects, but also to
improve transit services and a CalTrain commuter train to Salinas. Twenty-six percent of the funds would be
returned to local government on a population basis. Salinas would receive $20.8 million over the next fourteen
years. An investment must be made in
infrastructure. The regional fee
program is tied to sales tax approval.
Most developers have bought into this in order to have a level playing field for regional traffic
fees.
Deputy
Director Debbie Hale stated new development creates new traffic both on site
and on regional roads. Developers could
be required to build new roads. Another
way to pay is to charge “in lieu” fees. Right now, fees are addressed on an ad
hoc basis. TAMC’s proposal is based on
adopted plans. Upon approval of eight of the twelve cities, they need to
update the nexus study. It is based on the
adopted County General Plan. That is
the proposal for the County-wide fee.
The notion is growth pays for growth and existing problems are paid from
sales tax and State and federal funds.
Regional fees would apply to everyone equally, and are predictable and
fair to all parties. The key issue is
whether there should be a County-wide zone or individual zones. The Board’s position was that a County-wide
fee would prevent developers from deciding where it is cheaper to build. There would be a credit for Salinas’
fees.
Ms. Hale
stated that the fee also would be coordinated with CalTrans, who is assuring
impacts on highways are addressed. TAMC
is working to ensure that CalTrans is not duplicating fees, because they are
less fearful of doing so. They are
pleased with the arrangement worked out with CalTrans and the City to ensure
that Boronda Crossing paid its fair share but did not pay twice.
Ms. Hales
stated that member agencies would have to adopt and collect the fees, which
would be transferred quarterly to TAMC.
There is a discount in the program for affordable and workforce housing,
transit oriented development, and City fees.
Projects would be built based on when the development is occurring,
availability of matching funds and the extent to which they will be needed.
Councilmember
Lutes stated that CalTrans has recognized that TAMC’s fee would mitigate
regional impacts. She asked if there is
some way to obtain a similar recognition from Monterey County.
Mr. Reichmuth
stated that TAMC and Monterey County are making progress on this issue. TAMC would serve as a broker as the issues
come up.
Councilmember
Sanchez asked about guarantees that some of the other partners on the other
revenue components would not renege if the tax passes. Mr. Reichmuth stated that the sales tax
and development impact fees are tied together, and they will return for
approval at a future date. There have
been good meetings with the large Transit Occupancy Tax (TOT) generators, who
are willing to assist if TOT remains available for marketing. The work with the Monterey Peninsula cities
and Monterey County is not going as well.
The agricultural component is proving more difficult than he believed
because of their commodity values. This
component will require considerable staff work and focus after the June
election.
Mr. Reichmuth
stated that the largest percentage of funds would come from federal and state
funds. Eighty-five percent of all
Californians live in large counties that that have passed half-cent sales tax
for grant-fund leveraging. The amount
of State and federal funding for local projects could be doubled if they could
be leveraged with local funds.
Councilmember
Sanchez asked if including a bypass would make the tax more palatable to
Salinas voters. Mr. Reichmuth stated
that many years has been spent developing the sixteen projects that are on the
ballot with the stakeholders. The
Westside bypass would receive funding from this program.
Mayor
Caballero requested TAMC’s support for a scoping analysis to determine whether
Davis Road should be widened or whether there should be a bypass. Mr. Reichmuth stated that TAMC would be
there with the funding once Monterey County and the City make the decision.
Eric Petersen
stated that the TAMC Bicycle Committee was not asked to provide input. State and federal funding cannot be counted
on. The plan should be amended so that
it works to get people around.
Hans Jongens
opposes the sales tax and believes the bypass should be built toward Highway 1
instead of routing traffic through
Marina .
Joe Vierra
stated that TAMC could capriciously change the projects that are in the Plan.
Councilmember
Lutes stated that these are operational improvements and not new roads. She appreciates the $1.5 million that the
City would receive annually. She
appreciates TAMC’s willingness to
listen to all the parties.
Mayor
Caballero stated that Monterey County must commit itself to helping TAMC pass
the tax.
ADMINISTRATIVE REPORT
1.
The Commons at
Rogge Road Development By Don Chapin
Robert Russell, Deputy City Manager/City Engineer, stated that the
application was submitted to Monterey County in 2003 for one hundred
seventy-one affordable units north of Salinas.
The City’s sphere of influence wraps around but does not include the
site. Mr. Chapin paid for a sanitary
sewer study that concluded that the City’s special sewer district could
accommodate the project. Monterey
County’s environmental study resulted in a mitigated negative declaration. City staff’s concerns include public safety
access, lack of open areas, inadequate parking, and traffic impacts. Mr. Russell stated that he was unable to
confirm with the school that their facilities would be available for use by the
project’s residents.
Don Chapin stated that the project is one-hundred percent affordable,
which has not been done by a private developer. There is no public money in it.
He has over four hundred employees, and most of his employees cannot
afford housing here. This is a prime
site because of the proximity of schools and shopping. It is walkable. The project would include one hundred and twenty-three,
single-family, for-sale units and forty-eight apartments that he would own. The
project is on 12.52 acres.
Mr. Chapin stated that the garages would not have garage doors. It is a place to park your car and not to
store your stuff. Sales prices would
range from $291,750 to $473,000. The
park area is .5925 acres and includes open fields, play structures, a tot lot,
and a nine-hole golf course. The resale
price can increase a maximum of five percent per year based on the original
sales price. The buyers share of
appreciation is limited to an increase of ten percent per year over ten
years. The balance of the sale price
would go to the Monterey County Work Force housing program. The buyer’s entitled to one hundred percent
of the appreciation after ten years.
The appreciation restriction terminates if the owner owns the property
for twenty years. The twenty years
starts over for the next buyer. He
hopes to receive Monterey County approval in late March.
Councilmember Lutes asked about traffic fees and why there was a
negative declaration. She asked if he
would pay the City TFO. Mr. Chapin
stated that he has agreed to pay the City’s TFO, and has paid the TAMC
fee. Mr. Russell stated that Mr.
Chapin would pay in accordance with the City’s 1997 program.
Councilmember Lutes stated that she is concerned that one hundred
percent affordable housing creates neighborhoods that are not
socio-economically integrated, and they can become undesirable in the
future. She is concerned about the lack
of open space. The school’s policy is
not to allow public access on weekends due to concern regarding vandalism.
Mr. Chapin stated that he has talked to Santa Rita School District at
length. They find that they are
providing a great partnership because they are creating housing for their
employees. They are working on
providing a play structure or some connectivity, and they have assured them
that they will work with them.
Councilmember Lutes asked when the play structure will be provided for
the new school structure. He stated
that it would be concurrent with the school’s construction.
Councilmember Lutes stated that she is concerned about the open
garages. Mr. Chapin stated that the
management company and CCRs would not allow storage in the garages.
Councilmember Sanchez asked about the impacts on fire, police and other
City services. Mr. Chapin stated that
this is in the Rural Fire district and the Sheriff did not have any
problem. It is sprinklered and has all
of the safety features built in.
Councilmember Sanchez stated that he is very concerned about the lack of
open and play space. He asked about
reducing the houses and providing additional space. Children would have to walk a couple of miles for other
recreation opportunities. He is
uncertain how many of the residents would play golf, and the kids would not
play golf. The lack of open space
will eventually be a problem, impact the quality of life and their proximity
would create problems for Salinas.
Mr. Chapin stated that there is no profit in this project. One of the things they had to give on was
the open space. They tried to maximize
the value. Acosta Plaza is not a good
comparison, because it does not have CCR’s or a management company. They were not developed by a person with
business interests in the community, and this is what the business community
has to do to make it work. He will own
the apartments. The restrictions do not
allow the single-family homes to be rented.
They must be owner occupied.
Ideally, there would be two acres of space, but then the project would
not be affordable. The prices will
uphold the social fabric in the family and not require parents to work
excessively.
Councilmember Sanchez stated that overall, he believes what Mr. Chapin
is doing is commendable and it is a unique idea. He likes the way that the residents earn appreciation. But Mr. Chapin solicited their
feedback. He referenced other
previously unincorporated areas that were developed without much
consideration. He hopes that he can
address the Council’s concerns. The
project should be annexed to the City, and there should be revenue sharing.
Councilmember Barnes stated that the project is a model for
affordability and creativity. The
recently approved Tynan project has less open space. She is still concerned with the traffic on San Juan Grade, and it
needs to be widened. The project
could contribute to economic development in that area.
Councilmember Lutes stated that she continues to be concerned about the
lack of open space. She is concerned
that the Santa Rita School District play area would not be built in the near
future. Traffic should be fully mitigated. She worries about neighborhoods that are not
socio-economically integrated.
Councilmember Ocampo also has a problem with the density. He assumes at some point it would be annexed
to the City, and the City would again inherit the problem. He has concerns regarding traffic.
Councilmember Giuriato commended Mr. Chapin for the workforce
housing. But she too has the concern
regarding open space. It is out of the
City’s jurisdiction, but the City wishes to be conscientious because of the
prior bad planning it inherited.
Mayor Caballero stated that she she supports the garage concept. There needs to be work with the School
Districts regarding opening the school sites.
If the homes overlook the school, it would be difficult to
vandalize. That would take care of some
of her open space concerns. She likes
the soccer space. She believes some of
the workforce income households will include two-income families that would address
some of the socio-economic concerns.
She would like to see the project as part of the City. She would like a T-intersection at Rogge and
San Juan Grade Roads. She wondered if
there is a way to make alley ways work in the community with CCR’s. She has lived in a zero lot line
development, and parking can be a problem.
City Attorney Vanessa Vallarta stated that the site is not immediately
contiguous to Salinas. Annexation may
be contrary to LAFCO policy. However,
there could be a pre-annexation agreement, because the applicant is attaching
to the City’s sewer system. The property
is adjacent to land that is being annexed, and there may be an opportunity for
agreement.
Mr. Chapin stated that he cannot afford to wait for annexation. He appreciates the density issue, but people
are doubling up because of the lack of projects such as this. He suggested that he would build on 12 acres
within Salinas, but staff has stated that there is no such parcel. He has built it to the highest City standard
in anticipation that it would be annexed.
The City council recessed to closed session at 6:50 p.m..
The City Council met in closed session
pursuant to:
a.
Government Code Section 54956.9(a), pending litigation, Eugenia Guzman. v. City of Salinas et al, WCAB
Case No. SAL 209402.
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.
d.
Government Code Section 54956.9(a), pending litigation, County of Monterey v. City of Salinas,
T&T Enterprises, dba Tony Sammut Development, et al, Monterey County
Superior Court Case No. M77778.
e.
GovernmentCode
Section 54956.8, conference with real property negotiators City
Manager/Executive Director Dave Mora, Redevelopment Director Alan Stumpf, and
City Attorney/Agency Counsel Vanessa Vallarta to discuss the price and terms of
payment for the sale or lease of property located at 100 Main Street (proposed
hotel site on west side of 100 Main Street) with Salinas City Center Company,
LLC Councilmember Sanchez announced that
he would abstain on this item because his wife manages and may purchase a business
in the Redevelopment area.
f.
Government Code Section 54956.9(b), conference with legal
counsel, anticipated litigation, significant exposure to litigation (two
potential cases)
g.
Government Code Section 54957,
public employee performance evaluation (City Manager).
The City Council
reconvened in the Rotunda at 7:50 p.m.
STUDY SESSION - ROTUNDA
1. Sywest Development Project; A request to
demolish an existing theater and a light industrial building and construct two
buildings on three parcels totaling 17.5-acres consisting of a 138,431
square-foot home improvement center use with an adjoining 29,153 square foot
garden center and a 32,500 square-foot retail building with 809 off-street
parking spaces located at 10 Simas Street (GPA 06-01, RZ 06-02, and SPR 06-04).
Thomas Wiles,
Associate Planner, presented his report.
The key issues are traffic, circulation, site access, loss of city
parkland, building design, landscaping, and floodplain and water pollutant
discharge impacts.
Jeff Gilles,
on behalf of the applicant Sywest, stated that the project would become a
gateway and business anchor for the surrounding area. They anticipate that Lowes would be the anchor tenant. They want to have symbiotic
businesses, e.g.
banks and coffee shops, and be pedestrian friendly. Sherwood Drive and Market Streets would provide the major
access. They will be commissioning a
traffic study. They agree public
transportation sites are vital. They
are going to create a pedestrian friendly parking lot. They anticipate traffic
on Sherwood, and they will address that.
They would want to slow trucks there because they visualize the PG&E
park being a qualitative park. They
understand that there would be City TFO, and regional and CalTrans fees. They will be studying and adequately
addressing traffic impacts ahead of time.
Councilmember
Lutes asked about the pedestrian friendly shopping center. She is looking at seventeen acres of
asphalt. She is also concerned about
how many trees there will be in the parking lot. She is concerned about the home center. The design does not include articulation in the
elevations. Twenty-nine feet is imposing on a human
scale. The buildings should surround
the parking lot for easier moving around.
Councilmember Barnes asked whether this would be a
city park.
Councilmember
Sanchez asked how they would abate the traffic noise in front of the mobilehome
park.
Councilmember Giuriato asked about remediating
congregation of day laborers in the parking lot.
The following people spoke in support of the
concept:
Salvador
Munoz, architect and SUBA design committee
Erica Padilla Chavez, Executive Director for SUBA
David Brown, area business owner
Alex Reynoso, Design Review Board Member, SUBA
Linda
Sanchez, Sun Street Centers Executive Director, stated that developer has been
open to their concerns. Their support
was premised on Lowes being the tenant.
Their biggest concern is traffic on Sun Street and Calle Cebu. The roads are in dire need of repair. Parking at night is more impacted
than
parking during the day, which is bad also.
The developer observed the parking and acknowledged the possibility of
using the retail’s parking for their clients.
Sun Street surveyed the neighborhood, and residents want to see a video
store, bank, eating and coffee places, laundromat, and grocery store. Sun Street would not like to see off-premise
alcohol retail sales located there.
They support a baseball diamond and a fully equipped playground and
picnic area. They would like safe
lighting. There has been a decrease in
crime. Video cameras should be
installed in the parking area to prevent crime. Sun Street could be a partner with the City in its graffiti
abatement at no cost.
Robin Lee,
Design Review Committee, expressed concerns about water retention, traffic and
making the area pedestrian friendly.
Eric
Petersen, Traffic and Transportation Commission, stated that eighty percent of
the customers would use Market Street, which is problematic. Moving theatres takes away from things for
kids to do. Developing in a flood zone
could create problems.
John
Viarengo, Traffic and Transportation Commission Chair, stated that they look
forward to working on this in the future.
Kurt Hunter,
CSUMB Water Institute’s Carr Lake Coordinator, stated that he is concerned
about what is proposed for the parkland.
The land designated as open space should be a mitigation for the
project, which offers the opportunity for ball fields and playgrounds, which is
a better solution than a strip of land with high volume traffic.
Councilmember
Lutes stated that Recreation Commissioner Carlos Rubio expressed his concern
about the loss of the park. She
believes the architecture is uninspiring.
This is a gateway and an opportunity to be innovative.
Councilmember
Ocampo agrees with the concern regarding loss of open space, although it is
space that is somewhat isolated. He is
concerned about neighborhood traffic.
He is excited about the infusion of redevelopment revenues to add to the
momentum in this area.
Councilmember
Giuriato stated that she is concerned about the loss of the park area. She suggests meeting with Return of the
Natives to mitigate any loss.
Councilmember
Sanchez stated that the applicant should talk to MST and Central Coast Center
for Independent Living (CCCIL) to ensure that they are accommodating public
transit users and persons with disabilities.
He would like the developer to take the first bite of providing the
needed open space for Carr Lake.
Councilmember
Giuriato stated that CCCIL could provide data regarding needs of people with
disability, including commercial use and appropriate supplies. Thirty percent of the population has some
form of disability.
Mayor Caballero stated that she is
concerned about traffic. The best access
to the site is on Simas, which could handle traffic if set up right. Access from Sherwood Drive concerns
her. The City does not like cul de
sacing streets. She would like to
incorporate the park with outdoor seating or a fountain. In regard to the park space, she likes the
Carr Lake suggestion. Another
possibility is that the City has been working to expand the soccer fields. Maybe the city can propose to create a mirror
image on the other side, which does not help this neighborhood. A neighborhood serving park there would be
great.
COUNCILMEMBER REPORTS/FUTURE
AGENDA ITEMS
Councilmember Lutes stated that she would like to work with
the Recreation-Parks Commission to create a new soccer league.
Mayor Caballero appointed Angela Quesenberry to the Library
Commission.
ADJOURNMENT
The meeting adjourned at 9:40
p.m..