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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:

Mayor Anna Caballero

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..


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