Agenda Packet — Salinas City Council, March 22, 2022 (part 1 of 3)

Tuesday, March 22, 2022
4:00 PM
City of Salinas
200 Lincoln Ave., Salinas, CA 93901
www.cityofsalinas.org

SALINAS ROTUNDA
City Council
Mayor Kimbley Craig
Councilmembers:

Carla Viviana González, District 1 - Tony Barrera, District 2 Steve McShane, District 3 - Orlando Osornio, District 4 Christie Cromeenes, District 5 - Anthony Rocha, District 6 Steven S. Carrigan, City Manager
Christopher A. Callihan, City Attorney
City Clerk’s Office: (831) 758-7381
Meeting Agenda - Final

March 22, 2022City Council Meeting Agenda - Final

PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may view the meeting on television and/or online and may participate in-person in the Council Chamber.

PLEDGE OF ALLEGIANCE

ROLL CALL

PROCLAMATION
National Library Week, April 3-9, 2022

PUBLIC COMMENT PROCEDURES
If you wish to make a general public comment or comment on a specific agenda item, you are encouraged to attended the City Council meeting in person. Public comment may also be submitted via email at [email protected] and will be entered into the record.

PUBLIC COMMENT TIME RESTRICTIONS
Public comments generally are limited to two minutes per speaker; the Mayor may further limit the time for public comments depending on the agenda schedule.

GENERAL PUBLIC COMMENTS
Receive public communications on items that are not on the agenda and that are in the City of Salinas’ subject matter jurisdiction. Comments on Consent, Consideration, and Closed session items should be held until the items are reached. The public may request that the legislative body consider adding an item for consideration on a future agenda. The public may comment on scheduled agenda items, including closed session items, as they are considered.

PRESENTATION
Councilmember comments on presentations are generally limited to three minutes.

Youth Orchestra Salinas (YOSAL)

CONSIDERATION
ID#22-133
Extraterritorial Wastewater Service and Reimbursement Agreement between City and Salinas 101 LLC and Pre-Annexation Agreement with the County of Monterey related to a potential development within the unincorporated area of Monterey County on Harrison Road

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March 22, 2022City Council Meeting Agenda - Final
Recommendation: Approve Resolution(s) authorizing the Mayor to execute an Extraterritorial Wastewater Service Agreement (Sewer Agreement) and associated Reimbursement Agreement (Agreements) with Salinas 101 LLC (Owner) and execute a Pre-Annexation Agreement with the County of Monterey related to a potential development within the unincorporated area of Monterey County on Harrison Road of Economic Development Element Economic Opportunity Area K (EDE EOA K).

ID#22-129
2021 General Plan Annual Progress Report and Visión Salinas 2040 Update Recommendation: Approve a Resolution accepting the 2021 General Plan Annual Progress Report and authorize submittal to California Department of Housing and Community Development (HCD) and the Governor's Office of Planning and Research (OPR).

ID#22-130
2021 Housing Element Annual Progress Report
Recommendation: Approve a Resolution authorizing the submittal of the 2021 Housing Element (HE) Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD) and the Governor's Office of Planning and Research (OPR).

ADMINISTRATIVE REPORTS
ID#22-142
Fiscal Year 2023 Budget Process & Timeline and Priority Discussion Recommendation: No action required. This report presents information to the City Council regarding the Fiscal Year 2023 budget process and staff requests comments and direction on Council budget priorities.

CONSENT AGENDA
All matters listed under Consent Agenda may be enacted by one motion unless a member of the Council or the public requests discussion or a separate vote.

ID#22-160
Minutes
Recommendation: Approve minutes of March 8, 2022.

ID#22-157 Financial Claims
Recommendation: Approve financial claims report.

ID#22-110 Acceptance of Grant of Easement for Public Roadway Purposes Recommendation: Approve a Resolution accepting a Grant of Easement from the Santa Rita Union School District for the Boronda Roadway Improvement Project; and authorizing the Mayor to sign the Certificate of Acceptance; and authorizing the City Clerk to submit the Grant of Easement to the Monterey County Recorder for Recordation.

ID#22-131
2022 Downtown Government Center Memorandum of Understanding (MOU) Recommendation: Approve a Resolution authorizing the Mayor to execute the 2022 Downtown Government Center Memorandum of Understanding with the County of Monterey; and authorize establishing a new Capital Improvement Program (CIP) account for the Parking Facility, appropriating $300,000 from the General Fund (1000) and $300,000 from Fund 5203 - Developers Contribution to cover City's portion of Parking Facility Planning Activities expenses, and appropriating the reimbursement revenue from the County's portion ($300,000) to Fund 5203.

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March 22, 2022City Council Meeting Agenda - Final
ID#22-132 Contract Amendment with Anderson Pacific Engineering Construction for Lake Street Emergency Sewer Repairs
Recommendation: Approve a Resolution authorizing a contract amendment in the amount of $1.1 million between the City of Salinas and Anderson Pacific Engineering Construction, Inc. for construction services related to the Lake Street Emergency Sewer repairs and extend the term of the agreement; and authorize a transfer of $1.1 million from identified funds.

ID#22-134
Amendment to Purchase Order with Wallace Group Inc. for Lake Street Emergency Sewer Repairs
Recommendation: Approve a Resolution approving a purchase order amendment in the amount of $80,000 between the City of Salinas and Wallace Group, Inc. for support services related to the Lake Street Emergency Sewer Repairs project.

ID#22-135
Direct Purchase of Police Motorcycles
Recommendation: Approve a Resolution authorizing the direct purchase of two police motorcycles with associated emergency equipment and signage for a total cost not to exceed $99,161.06.

ID#22-136
Annual Public Art Update
Recommendation: Approve Resolution accepting the annual public art update and authorize use and appropriation of up to $6,000 from the Municipal Art Fund to fund the proposed Annual Public Arts Plan.

ID#22-155
Amendment No. 1 to Agreement for Services with TMD Creative for AMOR Salinas Marketing
Recommendation: Approve a Resolution authorizing the Mayor to execute Amendment No. 1 to the Agreement for Services with Tovar Strategies, Inc., DBA TMD Creative.

ID#22-158 FY 21-22 Workforce Allocation Adjustment
Recommendation: Approve a Resolution adjusting the workforce allocation for the Community Development Department.

COUNCILMEMBERS’ REPORTS, APPOINTMENTS AND FUTURE AGENDA ITEMS Receive communication from Councilmembers on reports, appointments and future agenda items. Councilmember comments are generally limited to three minutes.

CLOSED SESSION
Receive public communications from the audience on Closed session items.

The City Council will recess to closed session pursuant to:

ID#22-150
a. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Santa Rita Union High School District, et al. v. City of Salinas et al., Monterey County Superior Court Case No. 20CV000242
b. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Alisal Union School District, et al. v.

City of Salinas, et al., Monterey County Superior Court Case No.

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March 22, 2022City Council Meeting Agenda - Final
20CV003402
c. Existing Litigation - California Government Code Section 54956.9(a), conference with legal counsel regarding, Monia Williams et al. v. County of Monterey, et al., U.S. District Court, Northern District of California case no.:
5:19-cv-01811-BLF.
d. Anticipated Litigation -- California Government Code Section 54956.9(d)(2), conference with legal counsel regarding, significant exposure to litigation (one case).

ADJOURNMENT
_____________________________
Patricia M. Barajas, City Clerk

AGENDA MATERIAL / ADDENDUM
Any addendums will be posted within 72 hours of regular meetings or 24 hours of special meetings and in accordance with Californian Government Code Section 54954.2, unless otherwise allowed under the Brown Act. City Council agenda item reports may be viewed at the Salinas City Clerk’s Office, 200 Lincoln Avenue, Salinas, and are posted on the City’s website at www.cityofsalinas.org via the hyperlinks provided on the agenda. The City Council may take action that is different than the proposed action reflected on the agenda.

Disability-related modification or accommodation, including auxiliary aids or services, may be requested by any person with a disability who requires a modification or accommodation in order to participate in the meeting. Requests should be referred to the City Clerk’s Office At 200 Lincoln Avenue, Salinas, 758-7381, as soon as possible but by no later than 5 p.m. of the last business day prior to the meeting. Hearing impaired or TTY/TDD text telephone users may contact the city by dialing 711 for the California Relay Service (CRS) or by telephoning any other service providers’ CRS telephone number.

PUBLIC NOTIFICATION
This agenda was posted on Wednesday, March 16, 2022 at the City Clerk’s Office, in the Council Rotunda, and the City's website.

Meetings are streamed live at https://salinas.legistar.com/Calendar.aspx and televised live on Channel 25 at 4 p.m. on the date of the regularly scheduled meeting and will be broadcast throughout the day on the Wednesday, Friday, Saturday and Monday following the meeting. For the most up-to-the-minute Broadcast Schedule for The Salinas Channel on Comcast 25, please visit or subscribe to our Google Calendar located at http://tinyurl.com/salinas25. Recent City Council meetings may also be viewed on the Salinas Channel on YouTube at http://www.youtube.com/thesalinaschannel.

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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-133, Version: 1
Extraterritorial Wastewater Service and Reimbursement Agreement between City and Salinas 101 LLC and Pre-Annexation Agreement with the County of Monterey related to a potential development within the unincorporated area of Monterey County on Harrison Road Approve Resolution(s) authorizing the Mayor to execute an Extraterritorial Wastewater Service Agreement (Sewer Agreement) and associated Reimbursement Agreement (Agreements) with Salinas 101 LLC (Owner) and execute a Pre-Annexation Agreement with the County of Monterey related to a potential development within the unincorporated area of Monterey County on Harrison Road of Economic Development Element Economic Opportunity Area K (EDE EOA K).

City of Salinas Printed on 3/16/2022Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: MARCH 22, 2022
DEPARTMENT: PUBLIC WORKS

COMMUNITY DEVELOPMENT
FROM: DAVID JACOBS, DIRECTOR

MEGAN HUNTER, DIRECTOR

BY: LISA BRINTON, ASSISTANT DIRECTOR
TITLE: EXTRATERRITORIAL WASTEWATER SERVICE AND

REIMBURSEMENT AGREEMENTS BETWEEN CITY AND
SALINAS 101 LLC AND PRE-ANNEXATION AGREEMENT WITH

THE COUNTY OF MONTEREY

RECOMMENDED MOTION:

A motion to approve resolutions authorizing the Mayor to:

1) execute an Extraterritorial Wastewater Service Agreement (Sewer Agreement) and associated Reimbursement Agreement (Agreements) with Salinas 101 LLC (Owner), and

2) execute a Pre-Annexation Agreement with the County of Monterey for portions of Economic Development Element Economic Opportunity Area K (EDE EOA K) shown on Attachment 3 to this report.

RECOMMENDATION:

It is recommended that the City Council approve resolutions authorizing the Mayor to:
1) execute a Sewer Agreement and associated Reimbursement Agreement (Exhibit A and B to the resolution, Agreements) with Salinas 101 LLC (Owner) to establish the terms and conditions under which the City would allow connection to its wastewater collection and disposal system, and

2) execute a Pre -Annexation Agreement with the County of Monterey for portions of EDE EOA K shown on Attachment 3 to this report.

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EXECUTIVE SUMMARY:

Owner submitted an application to the County of Monterey (County) to develop a commercial project on approximately 17.5 acres of commercially designated lands under the County of Monterey’s General Plan that is located within the County’s jurisdiction adjacent to EDE Target Area K and within the EDE Economic Development Reserve Area K near the intersection of Sala and Harrison Roads (Sala Road or Sobel Project) shown on Attachment 2 to this report . Owner has requested a Will Serve Letter from the City to construct a new sewer line (New Sewer Line) to connect to and receive service from its wastewater collection and disposal system (Disposal System). Owner and City staff have negotiated a final draft Sewer Agreement that states the terms and conditions by which the City will grant a Will Serve Letter (Attachment 6) for connection to and service from the City’s Disposal System for the Sala Road Project, which is required for the County to deem the Project’s application complete and to undertake the required environmental review and analysis for California Environmental Quality Act ( CEQA) compliance. Current city policy allows for connection to and service from its Disposal System when future annexation into the City is contemplated as part of the project and/or supported by the project developers.

City staff and Owner have also negotiated a Reimbursement Agreement, which outlines the terms, conditions, methodology and process by which the Owner will be reimbursed by users or “Shared Parties” prior to future development in Target Area K and a potential farmworker housing development (Housing Project) connecting to the New Sewer Line.

Provided the Sala Road Project is constructed, the City intends to include the Sala Road Project land area and Target Area K as part of a LAFCO annexation application. The boundary of the intended annexation area (Annexation Area) is shown on Exhibit D of the Pre -Annexation Agreement. Should the City proceed with an annexation application, it will be the lead agency for the application and associated CEQA compliance.

BACKGROUND:

In 2006, the City and the County entered into the Greater Sali nas Area Memorandum of Understanding (GSA-MOU, Attachment 3) to establish a broad policy framework to govern and to facilitate land use decisions in the area designated in the then-existing General Plan of Monterey as “Greater Salinas Area”, replacing the Amended Boronda Memorandum of Understanding, and in part completing a condition in the settlement of litigation between the City and the County. The GSA-MOU identified specific objectives to be achieved through the implementation of land use and associated policies for the preservation of certain agricultural land, the identification of future growth areas, and the provision of adequate financing for the services and facilities of benefit to the residents of the City and of the County.

Since the City and the County’s approval of the GSA -MOU, the City has adopted an Economic Development Element (EDE, 2017) to the 2002 Salinas General Plan and the County has adopted an updated General Plan for the non-coastal areas of unincorporated Monterey County (2010). In Page | 3
the EDE , the City identifie s an area outside the City’s current northern Sphere of Influence boundary as a future opportunity area for economic development. The lands which comprise EDE Economic Opportunity Area K (EOA K), or the “North Entrance” as it is referred to in the EDE, are currently within the County’s jurisdiction and are designated as public/quasi-public, open space, farmlands, permanent grazing, and commercial in the County’s General Plan. EOA K, shown and marked on Attachment 1 to this staff report and on Exhibit A of the Sewer Agreement, is comprised of a Target Area, where near to mid-term development is projected by the City, and an Economic Development Reserve Area (Reserve Area K) , also identified on Attachment 1 to this staff report and on Exhibit A of the Sewer Agreement, which is to accommodate the City’s longer-term economic development needs.

Recognizing that the GSA -MOU needed to be updated to reflect current land use development plans and desiring to coo rdinate planning efforts and entitlement of certain contemplated development projects either within the City ’s adopted Sphere of Influence, or within those areas identified in the City’s EDE EOA K, the City and County entered into an addendum to the GSA- MOU in June 2019 (2019 Addendum, Attachment 4). The 2019 Addendum is limited to two areas; one being the area north of the City’s current boundaries (the “Northern Area”). The Northern Area includes EDE Target Area K and portions of Reserve Area K and is more specifically shown on the attached Exhibit A of the 2019 Addendum. The purpose of the 2019 Addendum is to mark an initial movement of the City and the County toward a more comprehensive update to the GSA- MOU. Another is to define the coordinated planning processes by which the City and the County will plan for and consider development in the aforementioned area.

DISCUSSION
Sala and Harrison Road – Proposed Retail Commercial Development The County received an application to develop a commercial project on approximately 17.5 acres of commercially designated lands under the County of Monterey’s General Plan that is located within the County’s jurisdiction adjacent to Target Area K and within the Reserve Area K near the intersection of Sala and Harrison Roads (S ala Road or Sobel Project ). As stated in the 2019 Addendum, t he County is to act as Lead Agency for purpose of application processing and environmental analysis and documentation (CEQA compliance) for the proposed project.

According to plans submitted to the County by the Owner, as currently proposed, the Sala Road Project consists of approximately 100,000 square feet of commercial uses including a hotel, retail, four quick service restaurants, and a gas station. Table 1 breaks down the proposed uses by square footage. The proposed site plan is attached to this report (Attachment 5).

Table 1
Proposed Use Building Square
Footage
Hotel 41,693
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Retail (4) 37,300
Quick Service Restaurants (4) 11,520
Gas Station 5,511
Total 96,024

The County will not deem the Sala Road Project application complete without a wastewater treatment plan. Since n either the County nor any other public agency currently provides wastewater service to the proposed project site, Salinas 101, LLC, the owner of the Sala Road site and developer of the Sala Road Project (Owner), has requested a Will Serve Letter from the City to construct a new sewer line to connect to and receive service from its wastewater collection and disposal system (Disposal System) .

Extraterritorial Wastewater Service Agreement
The City owns and operates a Disposal System which collects wastewater originating in its service area and conveys that wastewater through a 10-inch sewer main currently terminating at the intersection of Russell Road and North Main Street (Connection Point). Current city policy allows for connection to and service from its Disposal System when future annexation into the City is contemplated as part of the project and/or supported by the project developers. An exception to this policy is farmworker housing that is developed adjacent to city infrastructure connection points. Extension of wastewater service outside the City’s boundaries to a portion of the unincorporated County also requires agreement by M1W (Monterey One Water), a Joint Powers Authority (JPA), to accept the wastewater. The Sala Road Project site is within the M1W JPA boundaries and is not subject to LAFCO action(s) to receive service.

The Owner and city staff have negotiated a final draft Sewer Agreement that states the terms and conditions by which the City will grant a Will Serve Letter for connection to and service from the Disposal System for the Sala Road Project, which is required for the County to deem the Project’s application complete and to undertake the required environmental review and analysis for CEQA compliance. A draft Will Serve Letter is attached to this staff report as Attachment 6 and is to be provided to the Owner within five (5) business days of mutual execution of the Sewer Agreement.

The Effective Date of the Sewer Agreement is when appropriate County approvals and entitlements and CEQA Notice of Determination is filed by the County Housing and Community Development Department. Key terms and conditions of the Sewer Agreement are summarized below.

Owner shall:
 reasonably support future annexation of Sala Road Project site by the City,  obtain all permits and pay all fees to construct a 10-inch sewer line (New Sewer Line) from Sala Road Project site to the City Connection Point,
 pay a one -time development impact fee to the City in the amount of $ 64,600 to address downstream impacts and system upgrades resulting from the Project, Page | 5
 maintain the New Sewer Line pre-dedication to the City,  dedicate the New Sewer Line to the City at no charge upon completion of construction,  provide a 1-year warranty for defective work, labor, and materials,  obtain all permits and pay all fees to construct and maintain private line(s) connecting Sala Road Project to the New Sewer Line according to city standards (Laterals),  prohibit any other users from connecting to the New Sewer Line without City approval ; and
 pay fees for Disposal System service.

The City shall:
 provide written “will serve” assurance for access to Disposal System to Owner within five (5) days of execution of the Sewer Agreement,
 ensure that Monterey One Water will accept the wastewater and provide service,  process future annexation application(s) at its sole expense,  not unreasonably withhold, condition, or delay respective permits,  have right to maintain, repair or modify the New Line due to Owner’s failure to maintain, and request reimbursement for maintenance costs incurred by City,  be solely responsible for the maintenance, repair, and replacement of the New Sewer Line upon acceptance,
 not allow any connection to the New Sewe r Line (other than Owner’s Private Sewer Facilities) prior to dedication; and
 concurrently enter into a reimbursement agreement providing for developers of, and users within, the Target Area K and the proposed farmworker housing project (Housing Project) to reimburse Owner their proportionate share of costs for building the New Sewer Line.

Reimbursement Agreement
The Reimbursement Agreement , provided as Exhibit B to the attached resolution outlines the terms, conditions, methodology and process by which the Owner will be reimbursed by users or “Shared Parties” prior to future development in Target Area K and proposed farmworker housing (Housing Project) connecting to the New Line. The term of the Reimbursement Agreement is thirty (30) years, or until such time as Owner is reimbursed for eligible Actual Costs as defined in Exhibit C of the Reimbursement Agreement. Key terms and conditions of the Reimbursement Agreement are summarized below.

Owner shall:
 complete construction of New Sewer Line,
 provide City invoices or other evidence of eligible costs to determine Actual Cost s as defined in Exhibit C, and
 have right to reimbursement of its Actual Costs by future users desiring to connect to the New Sewer Line according to the methodology described in Exhibit E, which is based on a wastewater flow proration.

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City shall:
 collect and pursue reimbursement from future users (Sharing Parties) prior to issuance of a building permit for connecting to the New Sewer Line based on the formula described in Exhibit E,
 promptly pay Owner reimbursement received from Shared Parties, and  provide Owner with annual financial accounting of reimbursement collected.

The City may allow property owners in Reserve Area K to connect to the New Sewer Line provided the City determines the New Sewer Line has sufficient capacity. Owners in Reserve Area K allowed to connect to the New Line would be added to and bound by the user terms and conditions outlined in the Reimbursement Agreement.

EOA K Pre-Annexation Agreement with County of Monterey

Target Area K Specific Plan
A primary property owner of Target Area K has submitted applications for a specific plan (Steinbruner Project). The specific plan area includes potential future development of approximately 123 acres of undeveloped agricultural zoned land located within the County’s jurisdiction but within the City’s Target Area K (Monterey County Assessor’s Parcel Numbers 113-151-002, 113-15-011, and a portion of 113-161-018). Proposed uses are to be consistent with the City’s EDE policies and identified land uses of Business Park and Commercial Retail.

An annexation application was received as part of the Steinbruner Project submittal. Provided the Sala Road Project is constructed th e City intends to include the S ala Road Project land area and approximately 30 acres of retail/commercial zoned developed/underdeveloped lands within Target Area K to the west of Harrison Road that are not included within the Steinbruner Project boundary as part of a LAFCO annexation application. The boundary of the intended annexation area (“Annexation Area”) is shown on Attachment 8 of this report.

LAFCO Policies and Procedures
Government Code Section 56425 requires a City -County consultation prior to submittal of the application to LAFCO . Agreement between the Parties should address LAFCO’s mandate to preserve agricultural land, discourage urban sprawl, and encourage the orderly growth in government agencies, and should include a discussion of policie s on regional transportation impacts and efficient development patterns. LAFCO further requires a property tax transfer agreement, approved by both the City Council and the County Board of Supervisors, to determine an application for Sphere of Influence/Annexation to be complete.

The GSA -MOU and 2019 Addendum address the topics of preservation of agricultural land, discouraging urban sprawl, encouraging the orderly growth in government agencies, and include a discussion of policies on regional transportation impacts and efficient development patterns. In April 2008, the City and t he County entered into a Master Property Tax Transfer Agreement by adoption of Salinas City Council Resolution No. 19423 and Monterey County Board of Page | 7
Supervisors Resolution 80-249 (Master Tax Agreement ). The Master Tax Agreement, provided as Exhibit F to the final draft Pre -Annexation Agreement, establishes the uniform property tax formula to be used as the basis for city annexations and remains in effect until January 1, 2023.

Pre-Annexation Agreement
The purpose of this Pre-Agreement is to acknowl edge the foreseeable annexations, reaffirm coordination of land use entitlement and CEQA compliance as agreed to in the GSA -MOU 2019 Addendum, and to analyze the property tax and revenue sharing formulas between the City and the County. Key terms negotiated terms include the following.

Duration: This Agreement shall remain in full force and effect for a term of five (5) years from the Effective Date with the ability to extend an additional five (5) years upon mutual agreement.

Amendments: The City and the County may amend this Agreement by written amendment mutually executed by both Parties. Such amendments shall not invalidate this Agreement or relieve or release either party from its obligations under this Agreement unless expressly stated to by such amendment.

Consideration of Annexation:
a) The County supports LAFCO’s annexation policies and application processes that provide opportunity to annex unincorporated areas to ensure the orderly and efficient provision of municipal services to the areas annexed and which encourage cities to consult with affected special districts to ensure that an annexation will not adversely affect the districts’ ability to continue to provide services outside of the proposed annexation area.
b) Subject to compliance with all laws and regulations, including the California Environmental Quality Act, the County agrees to acknowledge the contemplated annexation of land within the Annexation Area to the City. c) The County agrees to cooperate in good faith with the City in the preparation of the annexation application materials to LAFCO for the land within the Annexation Area.

Development Standards Pre- and Post-Annexation:
a) Projects proposed to be developed prior to annexation, will be processed and permitted in accordance with County development standards. Prior to consideration of the proposed projects, the County may seek City input on design related components of the proposed projects.
b) Upon annexation, the Projects may be developed subject t o the same policies and development standards that would be applied to other properties in the City under similar circumstances including, but not limited to, the Salinas General Plan and Salinas Zoning Code.

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Property Tax, Sales Tax, and Transient Occupancy Tax Sharing; City Measure Taxes:

Upon annexation, the City and County agree to share the additional property, sales and transient occupancy tax revenues generated from the Annexation Area pursuant to the following formulas:

a) Property Tax. City and County proportional sharing of property taxes as stated in the Master Tax Agreement shall remain effective until revised. The City and County will further discuss and analyze the Master Tax Agreement consistent with LAFCO laws and procedures and as provided in the GSA-MOU 2019 Addendum. b) Transient Occupancy Tax (TOT). Parties agree that County will retain 100% of TOT generated from the Annexation Area prior to annexation into the City. Post -annexation, City shall receive 100% of the TOT generated from the areas annexed. c) City Measure Taxes. Post-annexation the City shall receive 100% of the tax revenues attributable to City tax measures (Measure E, Measure G) generated from the areas annexed.
d) Cannabis Tax Revenue. Parties agree that County will retain 100% of cannabis tax revenue generated from the Annexation Area prior to annexation into the City. Post-annexation, the City shall receive 100% of the cannabis tax revenues generated within the areas annexed.

CEQA CONSIDERATION:

The City of Salinas has determined that the action of authorizing the execution of the proposed Agreements is not a project as defined by the California Environmental Quality Act (CEQA) .

Section 15061 (b) (3) of CEQA Guidelines states that when it can be seen with certainty that there is no possibility that the activity in question, in this case the execution of the Agreements, may have a significant effect on the environment, the activity is not subject to CEQA. The execution of the Agreements does not constitute approval of the Sala Road Project or New Sewer Line. Upon execution to the Sewer Agreement, the City may grant a Will Serve Letter for Owner to demonstrate it has a wastewater treatment plan so that the County may proceed to process Owner’s application and required CEQA compliance. The Effective Date of the Sewer Agreement is when appropriate County approvals and entitlements and CEQA documents are prepared, approved and a Notice of Determination identifying any environmental impact and proposed mitigation resulting from the proposed Sala Road Project and New Sewer Line is filed by the County Housing and Community Development Department.

Provided the Sala Road Project is constructed, the City intends to apply to LAFCO to annex Target Area K and the Sala Road Project. Should the City proceed with an annexation application, it will be the lead agency for the application and associated CEQA compliance.

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STRATEGIC PLAN INITIATIVE:

Future implementation of these Agreements support City Council Strategic Plan initiatives of Investment Strategies and Risk Management and New Revenue. The Sewer Agreement establishes the terms and conditions by which the Owner, at its own expense, an estimated cost of $2 million dollars, shall construct new infrastructure, a New Sewer Line, to connect the Sala Road Project to the City’s Disposal System. In addition, the Agreements outline the terms and conditions under which future development and users in Target Area K, proposed farmworker housing, and potentially future development in Reserve Area K could connect to the New Sewer Line and the City’s Disposal System by paying their proportional share of the cost of the New Sewer Line. This approach is less costly and time-intensive for future developments than having to construct a sewer line for an individual project. Provided the Sala Road Project is constructed, the City intends to apply to LAFCO to annex Target Area K and the Sala Road Project. Upon future annexation, the City would receive new revenue from sales tax, transient occupancy tax and a percentage share of property tax generated by development in the Annexation Area.

DEPARTMENTAL COORDINATION:

Community Development coordinated preparation of the three (3) Agreements and staff report.

City staff from Community Development, Public Works, Administration and the City Attorney’s Office held multiple coordination meetings with the Owner to reach the proposed terms and conditions for the Sewer and Reimbursement Agreements. For nearly two years the City has been in discussions with the County to negotiate a final draft Pre-Annexation Agreement to bring to the City Council and Board of Supervisors for consideration.

FISCAL AND SUSTAINABILITY IMPACT:

There are no direct or indirect fiscal impacts associated with preparation of the three (3) Agreements, this report or the authorization to execute the se Agreements. Staff time for coordination, review and implementation of projects and issues is already allocated in the adopted budget.

Under the Sewer Agreement, the Owner, at no cost to the City, is to obtain all permits and to pay all fees to construct a 10-inch sewer line (New Sewer Line) from the Sala Road Project site to connect to the Disposal System. Estimated cost of constructing the New Sewer Line is approximately $2 million dollars. In addition, Owner is to pay the City a one-time, down-stream capacity impact fee of $64,600 to address required system infrastructure improvements to support the increase in wastewater flow from the Sala Road Project, future Target Area K and Housing Project development. At some point in the future, the City may incur capital expenditures and other maintenance costs associated with the New Line and Disposal System upgrades based on future development in Reserve Area K.

These future costs will need to be incorporated into future CIP and General Fund operational budgets.

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As stated above, the City intends to apply to LAFCO to annex Target Area K and the Sala Road Project, provided the Sala Road Project is constructed. Upon future annexation, the City would receive new revenue from sales tax, transient occupancy tax and a percentage share of property tax generated by development in the annexation area. The amount of future revenue would be dependent on future development and the property tax revenue sharing percentage split with the County. The term of the 2008 Master Tax Agreement ends January 1, 2023, therefore the City and County have agreed to further discuss and analyze t he Master Tax Agreement consist with LAFCO laws and procedures and as provided in the GSA-MOU 2019 Addendum.

ATTACHMENTS:

1. Resolution authorizing Mayor to execute
a. Exhibit A: draft Extraterritorial Wastewater Service Agreement b. Exhibit B: draft Reimbursement Agreement

2. Resolution authorizing Mayor to execute
a. Exhibit A: draft Pre-Annexation Agreement

3. Northern Economic Opportunity Area K Figure

4. 2006 GSA- MOU

5. 2019 Addendum to GSA-MOU

6. Proposed Sala Road Project Site Plan

7. Draft Will Serve Letter

8. Annexation Area Figure

1 RESOLUTION NO. (N.C.S.)

RESOLUTION BY THE SALINAS CITY COUNCIL AUTHORIZING THE MAYOR TO

EXECUTE AN EXTRATERRITORIAL WASTEWATER SERVICE AGREEMENT AND ASSOCIATED REIMBURSEMENT AGREEMENT WITH SALINAS 101 LLC

WHEREAS, in 2006, the City and the County entered into the Greater Salinas Area Memorandum of Understanding (the “GSA-MOU”) to establish a broad policy framework to govern and to facilitate land use decisions in the area designated in the then-existing General Plan of the County as the “Greater Salinas Area” and in or adjacent to the City and its Sphere of Influence (SOI); and

WHEREAS, the GSA -MOU identified specific objectives to be achieved through the implementation of land use and associated policies for the preservation of certain agricultural land, the provision of future growth areas, and the provision of adequate financing for the services and the facilities of benefit to the residents of the City and of the County; and

WHEREAS, since the City and the County’s approval of the GSA -MOU, the City has adopted an Economic Development Element ( EDE, 2017) to its General Plan (2002) and t he County has adopted an updated General Plan (2010); and

WHEREAS, in its EDE the City identified an area outside the City’s current northern boundary as a future opportunity area for economic development. Area K, shown and marked on Attachment 1 , is comp rised of a Target Area K (“Target Area K”), where near to mid -term development is projected by the City, and an Economic Development Reserve area (“Reserve Area K”), also identified on Attachment 1, which is to accommodate the City’s longer -term economic development needs; and

WHEREAS, recognizing that the GSA-MOU needed to be updated to reflect current land use development plans and current planned or contemplated development projects, and desiring to cooperate in the planning of certain development proje cts either within the current boundaries of the City or its adopted SOI, or within those areas identified in the City’s EDE, the City and County entered into an Addendum to the GSA-MOU in June 2019; and

WHEREAS, Salinas 101 LLC (Owner) has submitted an application to the County of Monterey to develop a commercial project on approximately 17.5 acres that is located within the County’s jurisdiction adjacent to Target Area K and within the Reserve Area K near the intersection of Sala and Harrison Roads (Sala Road or Sobel Project), as identified on Attachment 1; and

WHEREAS, the County will not deem Owner’s application complete without a wastewater treatment plan; and

WHEREAS, since n either the County nor any other public agency currently provides wastewater service to the Property, Owner has requested a Will Serve Letter from the City to connect to its wastewater collection and disposal system ; and 2 WHEREAS, City currently owns and operates a wastewater collection system which collects wastewater originating in its service area and conveys that wastewater through the City collection and disposal system (Disposal System); and

WHEREAS, current city policy allows for connection and service from its Disposal System when future annexation into the City is contemplated as part of the project and/or supported by the project developers; and

WHEREAS, extension of wastewater service outside the City’s boundaries to a portion of the unincorporated County will require agreement by M1W (Monterey One Water), a Joint Powers Authority (JPA), to accept the wastewater. The property is within the M1W JPA boundaries and JPA’s are not subject to LAFCO action(s) to serve their customers; and

WHEREAS, Owner and city staff have negotiated a final draft Extraterritorial Wastewater Service Agreement (Sewer Agreement) that states the terms and conditions by which the City will grant a Will Serve Letter for connection (New Sewer Line) to and service from the Disposal System for the Sala Road Project (Exhibit A); and

WHEREAS, Owner and city staff have also negotiated a Reimbursement Agreement to outline the terms, conditions, methodology and process by which the Owner will be reimbursed by users or “Shared Parties” prior to future development in Target Area K and a proposed farm worker housing project connecting to the New Sewer Line (Exhibit B); and

WHEREAS, execution of the Extraterritorial Wastewater Service and Reimbursement Agreement does not constitute approval of the Sala Road Project or New Sewer Line. Upon execution to the Sewer Agreement, the City will grant a Will Serve Letter for Owner to demonstrate it has a wastewater treatment plan so that the County may proceed to process Owner’s application and required California Environmental Quality Act (CEQA) compliance; and

WHEREAS, the Effective Date of th e Sewer Agreement is when appropriate County approvals and entitlements and CEQA documents are prepared, approved and a Notice of Determination identifying any environmental impact and proposed mitigation resulting from the proposed Sala Road Project and New Sewer Line is filed by the County Housing and Community Development Department; and

WHEREAS, provided the Sala Road Project is constructed, the City intends to submit and application to LAFCO to annex the Sala Road Project and Target Area K land area (Annexation Area; and

WHEREAS, City and County have negotiated a pre -annexation agreement to reaffirm coordination of land use entitlement and CEQA compliance as agreed to in the GSA -MOU 2019 Addendum, and to outline the timing and process to establish p roperty tax and revenue sharing formulas between the City and the County to ensure the Parties’ capacity to adequately provide the necessary services to the proposed Annexation Area; and 3 WHEREAS, at the same meeting, the City Council approved a Resolution ________(N.C.S.) authorizing the execution of the Pre -Annexation Agreement for portions of EOA K between the City and County; and
WHEREAS, the City of Salinas has therefore determined that the action of authorizing the execution of the proposed Agreements is not a project as defined by CEQA. Section 15061 (b) (3) of CEQA Guidelines states that when it can be seen with certainty that there is n o possibility that the activity in question, in this case the execution of the Agreements, may have a significant effect on the environment, the activity is not subject to CEQA.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby

a. affirms the foregoing recitations are true and correct, and are included herein by reference as findings, and
b. authorizes the Mayor to execute an Extraterritorial Wastewater Service Agreement (Exhibit A) and associated Reimbursement Agreement (Exhibit B) with Sal inas 101 LLC.

PASSED AND APPROVED this 22nd day of March 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

Attachment

4 1. Northern Area - Economic Opportunity Area Map

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Recording Requested by and
When Recorded Return to:

NO FEE-Government Code §6103
(Space Above This Line for Recorder's
Office Use Only)
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EXTRATERRITORIAL WASTEWATER SERVICE

A GREEMENT
This Extraterritorial Wastewater Service Agreement ("Agreement") is made and entered into this _ _ _ _ _ day of March 2022 (the "Commencement Date "), by and between the SALINAS 101 LLC, a California limited liability company, and/or ASSIGNEE (“ Owner”), and the CITY OF SALINAS, a California charter city and municipal corporation ("City").

RECITALS
A. In 2006, as a replacement to the Amended Boronda Memorandum of Understanding and in part to complete a condition in the settlement of litigation between the City and the County of Monterey (“County”), the City and the County entered into the Greater Salinas Area Memorandum of Understanding (the “GSA-MOU”) to establish a broad policy framework to govern and to facilitate land use decisions in the area designated in the then-existing General Plan of the County as the “Greater Salinas Area” and in or adjacent to the City and its Sphere of Influence (SOI).

B. The GSA-MOU identified specific objectives to be achieved through the implementation of land use and associated policies for the preservation of certain agricultural land, the provision of future growth areas, and the provision of adequate financing for the services and the facilities of benefit to the residents of the City and of the County.

C. Since the City and the County’s approval of the GSA-MOU, the City has adopted an Economic Development Element (2017) to its General Plan (2002) and the County has adopted an updated General Plan (2010).

D. In its Economic Development Element, the City identified an area outside the City’s current northern boundary as a future opportunity area for economic development.

The lands which comprise Area K (the “North Entrance,” as it is referred to in the Economic Development Element) are currently within the County’s jurisdiction and are designated as public/quasi-public, open space, farmlands, permanent grazing, and commercial in the County’s General Plan. Area K, shown and marked on Exhibit A, is comprised of a Target Area K (“Target Area K ”), where near to mid-term development is projected by the City, and an Economic Development Reserve area (“ Reserve Area K ”), also identified on Exhibit A , which is to accommodate the City’s longer-term economic development needs.

E. Recognizing that the GSA-MOU needed to be updated to reflect current land use development plans and current planned or contemplated development projects and desiring to cooperate in the planning of certain development projects either within the current boundaries of the City, or its adopted Sphere of Influence, or within those areas identified in the City’s Economic Development Element as Economic Opportunity Areas, the City and County entered

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into an Addendum to the GSA-MOU in June 2019.

F. O wner represents it has acquired lawful title to property currently located within the unincorporated area of Monterey County identified by Monterey County Assessor's Parcel Number 113-091-017, of approximately 17.5 acres, as described in Legal Description in Exhibit B located near the intersection of Sala Road and Harrison Road (the "Property"), and generally depicted as Parcel 113-091-017 on the Assessor’s Parcel Map described in Exhibit C.

G. Owner proposes to develop a commercial project on commercially designated lands under the County of Monterey’s General Plan that is located within the County’s jurisdiction adjacent to Target Area K and within the City’s Economic Development Reserve Area K and has submitted a project application to the County.

H. As stated in the 2019 Addendum to the GSA-MOU, the County may consider a proposal to develop a commercial project on commercially designated lands under the County’s General Plan that is located within the County’s jurisdiction adjacent to Target Area K and within the Reserve Area K. The City and County agree to coordinate efforts to process land use entitlements for the potential development of Area K. The County is to act as Lead Agency for purpose of application processing and environmental documentation (CEQA Compliance) for the proposed project.

I. The County will not deem Owner’s application complete without a wastewater treatment plan. Since n either the County nor any other public agency c urrently provides wastewater service to the Property, Owner has requested a Will Serve Letter from the City to connect to its wastewater collection and disposal system.

J. City currently owns and operates a wastewater collection system which collects wastewater originating in its se rvice area and conveys that wastewater through the City disposal system. This wastewater collection and disposal system includes a 10-inch sewer main currently terminating at the intersection of Russell Road and North Main Street (“Connection Point ”). The City's wastewater collection and disposal system including wastewater service is referred to herein as the " Disposal System”.

K. Extension of wastewater service outside the City’s boundaries to a portion of the unincorporated County will require agreement by M1W (Monterey One Water), a Joint Powers Authority (JPA), to accept the wastewater. The property is within the M1W JPA boundaries and JPA’s are not subject to LAFCO for actions to serve their customers.

L. City has reviewed studies prepared by the Owner, at Owner’s cost t o c a l c u l a t e the anticipated wastewater generation from the proposed project to be located on the Property, determine the wastewater line size to serve the Property and potential other development along Harrison Road in EDE Target Area K, Reserve Area K and a proposed farmworker housing project located in Reserve Area K, north of the Property (“Housing Project”), 3 | P a g e
(as identified on Exhibit A) and projected impact to the City’s downstream wastewater system capacity.

M. If, and when the City moves forward with the annexation of Area K, the Owner shall reasonably support and cooperate with the City in the annexation of the Owner’s Property into the City at the sole expense of the City.

AGREEMENT
NOW, THEREFORE, City and Owner agree to the following terms by which the City will grant a Will Serve Letter for connection to the City’s Disposal System.

ARTICLE I. RIGHTS AND OBLIGATIONS

1. Recitals Incorporated. The recitals set forth above are tru e and correct and are hereby incorporated into and made a part of this Agreement.

2. Term, Ownership and Effectiveness of Agreement. This Agreement shall become binding on both parties upon signature execution by both parties hereto and within five (5) business days from its mutual execution the City will provide “will serve” assurance to the Owner for access to the City’s Disposal System in the form of a written letter or other written instrument. Further, this Agreement shall become effective (the Effective Date) when appropriate County Planning approvals and entitlements are noticed by the County Housing and Community Development Department, along with CEQA Documentation (Notice of Determination filed).

The Effective Date shall act as a trigger to implement the Agreement. The Agreement shall continue until such time as the Property is annexed into the corporate boundaries of City, except the parties’ representations, indemnities and warranties herein shall survive such annexation.

At such time, the Owner and/or its tenants shall have such rights, privileges and duties , including fees and rates, as all other City citizens for the then current wastewater disposal classification.

3. Location for Connection to City Disposal System. Owner and City acknowledge the nearest City municipal sanitary sewer lateral to serve the Property will be at the Connection Point. Connection to City's Disposal System by Owner s hall be made at this location. The Owner, at Owner’s expense, has prepared and provided to the City a sewer capacity study and analysis from the Connection Point through the City’s downstream Disposal System. The City has reviewed and accepted the study prepared by the Owner.

4. New Sewer Line. Owner shall construct, at Owner's cost, a new ten (1 0) -inch sewer line (the '' New Sewer Line ") within the right of way of Harrison Road from the City Connection Point to a point on Harrison Road adjacent to the Property. The New Sewer Line will then be connected to the Property via a lateral connection on to the Property, to be 4 | P a g e
installed by the Owner to City standards, including all road cuts, patching, permits, and inspections to connect the Property to City's Disposal System. Owner will obtain and pay fees for County and City encroachment permits and building permits to construct the New Sewer Line, which will be proportionally reimbursed by users of the New Sewer Line, as provided in the Reimbursement Agreement described in Section 6 below.

5. Standards and Permits for New Sewer Line. Owner re presents, warrants and covenants to the City that Owner shall construct the New Sewer Line after receiving all respective County and City permits and that the New Sewer Line will be constructed in accordance with City standards and all respective laws. Any City permits to build the New Sewer Line will not be unreasonably withheld, conditioned or delayed, including but not limited to, City encroachment and building permits.

6. Reimbursement for Owner’s Costs of New Sewer Line. C i t y a n d O w n e r a r e c o n c u r r e n t l y e n t e r i n g i n t o a Reimbursement Agreement that provides for developers of, and users within, the Target Area K, Reserve Area K, the Housing Project and other areas, based on Disposal System capacity, to reimburse Owner their proportionate share of costs for building the New Sewer Line. The term of said agreement shall be a minimum of thirty (30) years but in no instance terminate before Owner is fully reimbursed its proportionate costs, unless Owner and City agree to an earlier termination. Fair share cost for reimbursement will be calculated by a wastewater flow methodology, as more particularly provided in the Reimbursement Agreement.

7. Maintenance of New Sewer Line Prior to Acceptance by City. Until the New Sewer Line is dedicated to and accepted by City (at which time City shall maintain, repair and replace the New Sewer Line at the City’s sole cost and expense, subject to the terms of Paragraph

9.c below), Owner shall, at its sole cost and expense, maintain and repair the New Sewer Line.

City's sign off and acceptance of the New Sewer Line shall not be unreasonably withheld, conditioned or delayed. Prior to dedication to the City, Owner's obligation to maintain, repair and replace the New Sewer Line shall include, without limitation, any maintenance, repair or modification of the New Sewer Line that may be reasonably required by City. Should Owner fail to appropriately maintain, repair or modify the New Sewer Line prior to such dedication, then City shall have the right, but not the obligation, to maintain, repair or modify the New Sewer Line. Prior to such dedication, should City elect to maintain, repair or modify the New Sewer Line pursuant to this paragraph, then Owner shall reimburse City for all reasonable fees, costs and expenses incurred by City to maintain, repair or modify the New Sewer Line within sixty (60) days after the date of invoice from City. This provision shall only apply to the New Sewer Line and the Owner shall not be responsible for maintenance or repair of the City’s Disposal System.

The City shall not allow any connections to the New Sewer Line unless and until the New Sewer Line is dedicated to and accepted by the City.

8. Maintenance of Private Sewer Facilities. The sewer lateral installed by Owner within the City or County right of way extending to the New Sewer Line, and all facilities on the 5 | P a g e
Property or within private streets within the Property, shall be private (" Private Sewer Facilities"). It is the sole responsibility of Owner to repair, maintain and replace all Private Sewer Facilities.

9. Dedication of New Sewer Line to City. As soon as the Ow ner completes construction of the New Sewer Line from the existing Connection Point at Russell Road and North Main Street to the Property (which will allow Owner to begin using the New Sewer Line), the following shall occur (collectively the "Sewer Service Provisions"):
a. Owner shall make an irrevocable offer of dedication, free of charge, of the entire New Sewer Line to City. City agrees to accept said dedication and conveyance within ninety (90) days and shall not be unreasonably withheld, conditioned or delayed. b. All easements necessary for the New Sewer Line shall be conveyed to City and shall be in a form reasonably acceptable to City. c. Owner shall remedy any defective work or labor, or any defective materials relating to the construction and installation of the New Sewer Line and pay for any damage to other work or improvements resulting therefrom which shall occur within a period of one (1) year from the date of City's acceptance of the New Sewer Line. d. Prior to its acceptance by City, City shall not allow any connection to the New Sewer Line (other than Owner’s Private Sewer Facilities), and Owner shall not allow any connection to the New Sewer Line except as authorized by City, and concurrently upon execution of this Agreement the City shall ensure that Monterey One Water will accept the wastewater.
e. Except as provided in subparagraph 9.c. New Sewer Line upon the City’s acceptance of the New Sewer Line, and agrees to hold harmless, defend and indemnify the Owner and its officers directors, managers, members, shareholders, employees, agents, representatives, contractors, successors and assigns from any claims arising from or related to the New Sewer Line after the City’s acceptance of same, includin g 9.c above.

10. City to Provide Sewer Services. Upon Owner's full and complete performance of all of Owner's obligations and responsibilities under this Agreement, and completion of construction of the New Sewer Line from the existing Connection Point at Russell Road and North Main Street to the Property, City agrees to provide Owner's Property with sewer services from City's Disposal System commensurate with payment of City Sewer service fees by each end user. City's obligation to provide Owner’s Property with wastewater services from City's Disposal System is conditioned upon City and Owner obtaining the consent of all applicable governmental agencies, which both Owner and City shall diligently pursue. As a condition to providing sewer
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service, City shall have the right of access to the New Sewer Line and water meters, including any required irrigation meter(s). Owner relinquishes ownership rights of effluent it discharges into the City's Disposal System.

11. Obligations and Responsibilities of Owner to Pay for Municipal Utility Services Provided by City. Owner and/or Owner’s tenants shall agree to promptly pay to City any and all statutory and/or customary connection and service fees, development impact fees, the downstream improvement contribution described in Section 12 below, permitting fees, plan check fees associated with connection and construction of the New Sewer Line. These fees can be added to the total cost of construction and be included in the Reimbursement Agreement. Owner and/or Owner’s tenants agree to apply to City for a municipal utility sewer account and maintain its sewer municipal utility service account with City in a current status.

12. Upgrading the System. The City has determined, and the Owner has agreed to pay, a fair share one-time contribution of sixty-four thousand six hundred dollars ($64,600.00) for downstream improvements to the City’s Disposal System. This amount shall be adjusted every January 1 in accordance with the Engineering News Record (ENR) construction cost index until the contribution is received by the City. The Owner will make this fair share one- time contribution concurrent with receiving the first grading or building permit, whichever is f irst, for the Property. The City will analyze and be responsible for upgrading the system within the City limits at no additional cost to the Owner and/or Owner’s tenants.

13. Indemnification of the City. Until such time that the New Sewer Line is dedicated to and accepted by the City, to the greatest extent allowed by law, Owner shall indemnify, defend, and hold harmless the City and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs, and damages incurred by the City, Owner, or any other person, and from any and all claims, demands, liabilities, damages, and actions in law or in equity (including attorney’s fees and litigation expenses incurred by the City or held to be the liability of the City, including plaintiffs’ attorney fees, if awarded), arising or alleged to have arisen directly or indirectly out of the making of this Agreement for the performance of any and all work related to and arising or alleged to have arisen directly or indirectly in any way related to the design, construction, installation, maintenance, and operation of the New Sewer Line including, without limitation, any such claims, causes of action, damages, liabilities, fees, costs, expenses, and attorney’s fees arising from inadequate flow, blockage, backflow, etc. Owner’s obligation under the preceding sentence shall apply regardless of whether Owner or any of its officers, officials, employees, agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence of the City or any of its officers, officials, employees, agents, or volunteers. This section shall survive termination or expiration of this Agreement; however, Owner’s obligations herein shall terminate and be of no further force or effect upon the City accepting dedication of the New Sewer Line.

14. Covenants Running with the Land. Owner a n d t h e C i t y acknowledge 7 | P a g e
and agrees all of Owner’s a n d C i t y ’ s covenants, agreements, promises, representations and warranties as set forth in this Agreement are covenants running with Owner's Property as defined in the applicable provisions of Sections 1457 et seq. of the California Civil Code, shall be in favor of and for the benefit of City and Owner and shall be enforceable by City and Owner and their successors and assigns. The parties’ covenants, agreements, promises, representations and warranties as contained in this Agreement, shall run with the Property and shall be binding on the parties and their successors, assigns, lessees and all parties and persons claiming under them. Owner consents to this Agreement being recorded as a covenant running with the Property.

15. Successors and Assigns . The covenants and agreements contained in this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. Own e r shal l pr ompt l y n oti f y C i ty o f any as sig nment by Own e r of i t s rig ht s a n d o bl i ga ti o ns h e re un d er. Assignment of this Agreement shall relieve Owner of its obligations and responsibilities under this Agreement and obligate Owner’s assignee to comply with the terms of this Agreement.

16. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile or email followed by telephone or electronic confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given two (2) days after the mailing thereof. All notices regarding any new or increased fee or rate increases affecting the applicable fees and rates in this Agreement shall be provided in the same manner provided to all customers subject to the new or increased fees and charges.

17. Binding. Once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, both parties. Although the Agreement is binding on both parties upon signature and provides the Owner with the City’s commitment to provide connection to and service from the City’s Disposal System (“will serve”), it only becomes effective upon receiving appropriate planning entitlements to build a project on the Property.

18. Compliance with the Law. In providing the services required under this Agreement, Owner a n d C i t y shall at all times comply with all applicable laws of the United States, the State of California, the City, the County, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.

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Codes. City makes no representations regarding the applicability of any such laws to this Agreement, the project, or the parties' respective rights or obligations hereunder including, without limitation, payment of prevailing wages, competitive bidding, subcontractor listing, or other matters. City shall not be liable or responsible, in law or equity, to any person for Owner' failure to comply with any such laws, whether City knew or should have known of the need for Owner to comply, or whether City failed to notify Owner of the need to comply.

19. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

20. Public Health, Safety, and Welfare. Nothing contained in this Agreement shall limit City's authority to exercise its police powers, governmental authority or take other appropriate actions to address issues of public health, safety and welfare as deemed appropriate by City in its sole determination and discretion.

21. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Monterey County, California.

22. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement.

23. Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions.

24. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.

25. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees, costs and legal expenses.

26. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.

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27. Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto, which purport to modify the allocation of risk between the parties provided for within the body of this Agreement, shall be null and void.

28. Time of Essence. Time is of the essence in the fulfillment by the parties hereto of their obligations under this Agreement.

29. Amendment. No amendment or waiver of any provisions of this Agreement, or consent to any departure from its terms, shall be effective unless the same shall be in writing and signed by the parties hereto.

30. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity, except Owner (i) cannot seek money damages or pursue an action in law; and (ii) is instead limited to bringing a proceeding in the nature of specific performance, injunctive relief or mandamus, or any other action in equity to require good-faith compliance with this Agreement, such as an action to provide Owner's Property with sewer services from City's Disposal System.

31. No Third Party-Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.

32. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Owner.

33. Third Party Approvals. The parties acknowledge that there are approvals from third parties that are required to allow the City to provide the Owner's Property with sewer services from the City's Disposal System. The approvals are conditions precedent to performance, and the City and Owner shall cooperatively seek said third-party approvals in good faith. LAFCO approvals are not required to obtain either County entitlement approvals or Monterey One Water acceptance of wastewater from the Property. It is acknowledged that LAFCO approvals are required for future annexation of the Property to the City of Salinas. The Owner

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agrees it will not protest a future annexation of the property by the City.

34. Execution in Counterparts. This Agreement may be executed in counterparts, including electronically, all of which taken together shall constitute an original hereof.

IN WITNESS WHEREOF, the parties have executed this Agreement at Salinas, California, the day and year first above written.

CITY OF SALINAS, a California charter city and municipal corporation ____________________________________
Kimbley Craig, Mayor

200 Lincoln Avenue
Salinas, CA 93901

APPROVED AS TO FORM:

____________________________________
Christopher A. Callihan, City Attorney

ATTEST:

_____________________________________
Patricia M. Barajas, City Clerk

OWNER

SALINAS 101 LLC, a California
limited liability company, and/or ASSIGNEE

By: The Sobel Company, Inc.

Managing Member

_____________________________________
Bradley A. Sobel, President

The Sobel Company, Inc.
9454 Wilshire Boulevard
Suite 210
Beverly Hills, CA 90212

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Attn: Bradley Sobel
Phone: 310-277-4697
Email: [email protected]

Exhibits:

A. EDE Economic Opportunity Area K Map
B. Legal Description of Property
C. Assessor’s Parcel Map

EXHIBIT "A"

EDE Economic Opportunity Area K Map

EXHIBIT "B"

Legal Description of Property
The land referred to is situated in the unincorporated area of the County of Monterey, State of California, and is described as follows:

Certain real property situate in the Rancho Bolsa De Las Escarpinas in the County of Monterey, State of California, being a part of Lots 1 and 2 of “Parcel Two” shown on map entitled, “Partition Map Accompanying Report of Referees Showing Subdivisions, Espinosa Portion of the Rancho Bolsa De La Escarpinas”, filed July 10, 1925 in Volume 2 of Surveys at Page 28, Records of said County, and being also a part of that certain 35.16 acre tract of land described in Deed from A.D. Martins to Frank D. Martines et al, dated February 10, 1948, and recorded in Volume 1039 of Official Records at Page 201, records of said County, said part being particularly described as follows:

(1) S. 63° 03’ 27” E., 1,178.39 feet to a 1-1/2” diameter iron pipe standing in the line common to said 35.16 acre tract of land and Harrison Road (a county road 60 feet wide) from which a 6” x 6” granite monument standing at the corner common to said lots 1 and 2 in said Westerly line of Harrison Road bears along said common line N. 4° 05’ 25” W., 157.78 feet distant; thence along said common line

(2) S. 4° 05’ 25” E., 706.17 feet to a 6” x 6” granite monument standing at the most Southerly corner of said Lot 2 and said 35.16 acre tract of land; thence leave said common line and running along the Southwesterly boundary of said Lot 2 and said

35.16 acre tract of land

(3) N. 70° 45’ 55” W., 1,168.21 feet to a 1-1/2” diameter iron pipe standing at the Southwest corner of said 35.16 acre tract of land in the Easterly line of California State Highway U.S. 101; thence along the line common to said State Highway and said 35.16 acre tract of land

(4) N. 17° 06’ 14” W., 122.0 feet to a 1-1/2” diameter iron pipe standing at the Southwest corner of that certain 1.017 acre tract of land designated as “Parcel 2” in deed from Frank Dutra Martins et al., to Adeline Anderson dated January 19, 1951, and recorded in Volume 1275 of Official Records at Page 46, records of said county; thence leave said common line and running along the Southwesterly boundary of said 1.017 acre tract of land

(5) S. 70° 45’ 55” E., 149.02 feet to a 1-1/2” diameter iron pipe standing at the most Easterly corner of said 1.017 acre tract of land; thence along the Northeasterly boundary thereof

(6) N. 17° 06’ 14” W., 415.87 feet to a 1-1/2” diameter iron pipe standing at the most Northerly corner of said 1.017 acre tract of land at the Southeast corner of that certain 0.9837 acre tract of land designated as “Parcel 1” in said deed recorded in Volume 1275 of Official Records at Page 46, records of said county; thence along the Easterly boundary of said 0.9837 acre tract of land

(7) N. 28° 51’ W., 49.15 feet to a 1-1/2” diameter iron pipe; thence

(8) N. 9° 42’ W., 64.09 feet to a 1-1/2” diameter iron pipe standing in the boundary common to said 0.9837 acre tract of land and said 35.16 acre tract of land; thence along the Westerly boundary of said 35.16 acre tract of land

(9) N. 10° 51’ 56” E., 287.43 feet to the place of beginning.

EXCEPTING THEREFROM, the Lands as set forth in the Final Order of Condemnation recorded April 20, 2011 as Document No. 2011022876 of Official Records.

APN: 113-091-017
Page

EXHIBIT “C”

Assessor’s Parcel Map

1 REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT (“ Agreement ”) is made and entered into this _ _ _ _ _ day of _________, 2021 (the “ Effective Date "), by and between the CITY OF SALINAS, a California charter city and municipal corporation ("City"), and SALINAS 101 LLC, a California limited liability company, and/or ASSIGNEE (“Owner”).

RECITALS
A. O wner represents it has acquired lawful title to property currently located within the unincorporated area of Monterey County which is located near the intersection of Sala Road and Harrison Road and which is identified by Monterey County Assessor's Parcel Number 113-091- 017-000 consisting of approximately 17.5 acres of land as more specifically described in the Legal Description attached hereto as Exhibit A and shown in the map attached hereto as Exhibit B (the "Property").

B. The Property is adjacent to that area identified in the City’s Economic Development Element as Target Area K (“ Target Area K ”) and is within that area identified in the City’s Economic Development Element as Economic Development Reserve Area K (“Reserve Area K”), and is south of a proposed farmworker housing project (“ Housing Project”), all of which are shown in Exhibit B.

C. Owner is proposing to develop a commercial project under the County of Monterey’s General Plan on the Property (“ Project”) and has submitted a project application to the County of Monterey (“County”).

D. The City owns and operates a wastewater collection system which collects wastewater discharge originating within the City’s limits and conveys such wastewater discharge through the City disposal system. This wastewater collection and disposal system includes a ten (10)-inch sewer main currently terminating at the intersection of Russell Road and North Main Street (“Connection Point”). The City's wastewater collection and disposal system is referred to herein as the "Disposal System”.

E. The County has indicated to the City and the Owner that it will not deem Owner’s project application complete without a wastewater treatment plan. Since neither the County nor any other public agency c urrently provides wastewater service to the Property , Owner has requested a “Will Serve Letter” from the City to connect to its Disposal System.

2 F. The City has reviewed studies prepared by the Owner, at Owner’s cost, t o c a l c u l a t e the anticipated wastewater generation from the proposed Project, and has determined the disposal line size of 10 inches is required to serve the Property and potential other development in Target Area K and the Housing Project, all of which are projected to impact the City’s downstream Disposal System capacity.

G. City and Owner entered into an Extraterritorial Wastewater Service Agreement on ________ __, 2021 in which Owner agreed to construct, at Owner's cost, a new ten (10)-inch wastewater sewer line (the ''New Sewer Line ") within the right of way of Harrison Road from the Connection Point to a point on Harrison Road adjacent to the Property.

H. The New Sewer Line will then be connected to the Property via a lateral connection, to be installed by the Owner to City standards, including all road cuts, patching, permits, and inspections to connect the Property to the Disposal System. Owner will obtain and pay fees for County and City encroachment permits and building permits to construct the New Sewer Line and connect to the Disposal System.

I. The City desires that future development and users (collectively referred to as “ users” herein) in Target Area K and the Housing Project be allowed to use the New Sewer Line, and requests that the Owner’s New Sewer Line accommodate Owner’s Project as well as such other existing or future potential uses in that area.

J. This Agreement establishes a mechanism for future users to reimburse the Owner for their proportionate share of the costs incurred by Owner installing the New Sewer Line from the Project to the Connection Point. Such proportionate share shall be based on the estimated wastewater generation of future users of lands located within Target Area K and the Housing Project. This Agreement provides for the users in Target Area K, the Housing Project and any other areas to pay to City such users’ proportionate share of Owner’s costs for installing the New Sewer Line, and City to then remit such payments to Owner.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and understandings hereinafter set forth, the City and the Owner hereby set forth their agreement a follows:

AGREEMENT

1. Recitals. The recitals set forth above are true and correct and are made a part of this Agreement.

3 2. Project. The Project includes the construction of a ten (10)-inch municipal sewer line extension from the Project to the Connection Point as approved by the City Engineer (the New Sewer Line). Owner will design, fund, and construct the New Sewer Line in conformance with City standards.

3. Reimbursement. Owner shall be entitled to proportional reimbursement as described in this section:
a. The Owner must complete construction of the New Sewer Line. Upon completion, the Owner is eligible to be reimbursed for a portion of its “ Actual Costs”, which includes but is not limited to, the expenses of design, engineering, construction, installation, inspection, supervision, insurance, encroachment, construction permit fees, and other costs that can be ascertained and agreed to by Owner and City.

4 D (each a “Sharing Party” or collectively “Sharing Parties”). The Sharing Parties will be responsible for their share of the Actual Costs of the New Sewer Line based on the formula described in Exhibit E attached hereto. The fees shall be collected by the City from each Sharing Party prior to the City’s issuance of any building permit for connecting to the New Sewer Line for such Sharing Party. Payment of such fees by the Sharing Parties shall be a condition to their receiving a building permit from the City. The City will not allow any Sharing Parties to hook up to the New Sewer Line without their first paying their share of the Actual Costs. d. The actual amounts to be paid to the Owner shall be based upon the final Actual Costs of the New Sewer Line, which shall be evidenced by invoices or other evidence of such costs provided by the Owner, and as verified by the City’s Public Works Director. The Owner shall provide the City with documentation of the scope of work and the invoices showing the amounts actually paid by the Owner for the Actual Costs of the New Sewer Line. Exhibit C will then be updated to reflect final Actual Costs. As stated above, Owner’s Actual Costs to be reimbursed shall be reduced by costs attributable to Owner’s projected pro rata use of the New Sewer Line.
e. The City shall pursue reimbursement from the Sharing Parties, with the costs of pursuing reimbursement borne solely by the City in the following two instances:

The City shall pay (i) all clerical and administrative costs of notifying and billing users, collecting payments, disbursing payments to Owner, providing the annual accounting described above, working with users and Owner to generally facilitate the reimbursement process described in this Agreement, and otherwise performing normal and customary City functions (including inspections, permit issuance, etc.), and (ii) all costs of pursuing payment from a user that obtains a building permit from the City and/or connects to the New Sewer Line without first paying its proportionate reimbursement amount as described herein. All reimbursements due under this Agreement shall be promptly paid by the City to the Owner as the City obtains the funds from the Sharing Parties after completion of the New Sewer Line, as certified by the Owner’s contractor to the City’s Public Works Director. The City shall notify each user of the reimbursement amount it owes hereunder (“City’s Notice”). Under Government Code Section 66020(d)(1), a user has ninety (90) days from the date of the City’s Notice to indicate that it is paying the fees under protest.

5 the City shall pay such funds to the Owner within thirty (30) days after the action has been completed and the authority of the City to collect such charges is sustained. The parties shall be bound by any statutes amending or succeeding the statutes cited above.
f. Notwithstanding any terms to the contrary contained herein, the City may allow property owners in Reserve Area K to hook up to the New Sewer Line, provided:
(i) the City determines that the New Sewer Line has sufficient capacity, (ii) such owners in Reserve Area K are treated the same as “users” and “Sharing Parties” herein, and (iii) both the City and such owners in Reserve Area K are bound by all the terms of this Agreement, including such owners being required to pay the reimbursement fees at the same rate described herein prior to hooking up to the New Sewer Line. At such point that Owner has been reimbursed one hundred percent (100%) of its Actual Costs (as defined in Section 3.a above), the City may cease paying Owner any further reimbursement fees hereunder.

4. City’s Best Efforts. The City agrees to use its best efforts, and to take all reasonable and necessary actions, to provide to Owner the reimbursement fees from the Sharing Parties as mentioned in this Agreement. Upon Owner’s request, City will assign to Owner the right to collect the reimbursement fees (and any attorney fees and legal costs) from the Sharing Parties.

5. Term. This Agreement shall become effective, and the obligations herein, commencing on the date first set forth above. This Agreement may be terminated at any time upon the mutual written consent of the parties but shall otherwise remain in force and effect until the Owner is fully reimbursed as provided herein.

6. Non-Recourse Reimbursement Agreement. It is agreed and understood that the City shall levy and use commercially reasonable efforts to collect the fees from the Sharing Parties in accordance with this Agreement with all such fees going to the Owner for reimbursement of the Actual Costs, as provided herein. The costs of levying and collecting fees from the Sharing Parties, including, but not limited to, staff time and administrative expenses, shall be at the City’s cost and expense, as provided in Section 3.e above, and the Owner shall have no recourse against the City for failure to pursue collection of such fees if Sharing Parties refuse to pay and City has not issued a building permit to such Sharing Parties or otherwise allowed Sharing Parties to connect to the New Sewer Line without paying the reimbursement, other than to obtain an assignment of the City’s rights of collection against such Sharing Parties. Notwithstanding the foregoing, the City shall be liable to Owner for the reimbursement fees owed by any user the City permits to hook up to the New Sewer Line without paying its reimbursement fees as provided herein.

6 7. Counterparts. This Agreement may be executed in one or more counterparts, including electronically, each of which is deemed to be an original.

8. Successors and Assigns. The covenants and agreements contained in this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. Owner’s successor or assignee may install the New Sewer Line or receive reimbursement fees of the Actual Costs under the terms and conditions herein.

9. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto and supersedes any and all prior agreements, whether oral or written, relating to the subject matter thereof. Any modification of the Agreement will be effective only if it is in writing signed by both parties hereto.

10. Validity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.

11. Laws. Owner agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.

12. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile or email followed by telephone or electronic confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given two (2) days after the mailing thereof. All notices regarding any new or increased fee or rate increases affecting the applicable fees and rates in this Agreement shall be provided in the same manner provided to all customers subject to the new or increased fees and charges.

13. Time of Essence. Time is of the essence in the fulfillment by the parties hereto of their obligations under this Agreement.
(signatures are on the following page)

7 IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and of the Owner have entered into this Agreement as of the Effective Date.

CITY OF SALINAS, a California charter city and municipal corporation ____________________________________
Kimbley Craig, Mayor

200 Lincoln Avenue
Salinas, CA 93901

APPROVED AS TO FORM:

____________________________________
Christopher A. Callihan, City Attorney

ATTEST:
_____________________________________
Patricia M. Barajas, City Clerk

OWNER

SALINAS 101 LLC, a California
limited liability company, and/or ASSIGNEE

By: The Sobel Company, Inc.

Managing Member

_____________________________________
Bradley A. Sobel, President

The Sobel Company, Inc.
9454 Wilshire Boulevard
Suite 210
Beverly Hills, CA 90212
Attn: Bradley Sobel
Phone: 310-277-4697
Email: [email protected]

8 Exhibits
Exhibit A – Legal Description of Property
Exhibit B – Map of Property, Housing Project, Target Area K, Reserve Area K, Salinas City Boundary and Surrounding Area
Exhibit C – Actual Costs (to be attached later)
Exhibit D – Parcels with Sharing Parties
Exhibit E – Reimbursement by Sharing Parties

9 EXHIBIT “A”

LEGAL DESCRIPTION OF THE PROPERTY

The land referred to is situated in the unincorporated area of the County of Monterey, State of California, and is described as follows:

35.16 acre tract of land

(5) S. 70° 45’ 55” E., 149.02 feet to a 1-1/2” diameter iron pipe standing at the most Easterly corner of said 1.017 acre tract of land; thence along the Northeasterly boundary thereof

10 (6) N. 17° 06’ 14” W., 415.87 feet to a 1-1/2” diameter iron pipe standing at the most Northerly corner of said 1.017 acre tract of land at the Southeast corner of that certain

(7) N. 28° 51’ W., 49.15 feet to a 1-1/2” diameter iron pipe; thence

(9) N. 10° 51’ 56” E., 287.43 feet to the place of beginning.

EXCEPTING THEREFROM, the Lands as set forth in the Final Order of Condemnation recorded April 20, 2011 as Document No. 2011022876 of Official Records.

APN: 113-091-017

11 EXHIBIT “B”
MAP OF

PROPERTY, HOUSING PROJECT, TARGET AREA K, RESERVE AREA K,

SALINAS CITY BOUNDARY AND SURROUNDING AREA

12 EXHIBIT “C”

ACTUAL COSTS
(The final version of this Exhibit shall replace this version and be inserted here once construction is completed, per Section 3(a) of this Agreement.

Actual Costs, including but not limited to, the expenses of design, engineering, construction, installation, inspection, supervision, insurance, encroachment & construction permit fees, and other costs associated with the New Sewer Line.

Actual Costs shall not include connection, service and impact fees exclusively associated with Owner’s Project and the $64,600 downstream improvement contribution required by the City.

The Actual Costs are estimated to be $2,000,000. The parties do not know whether the Actual Costs will be higher, lower or substantially different than such non-binding estimated amount.

Once the Actual Costs are determined, based on Section 3(a) of this Agreement, such estimated amount shall be removed from this Exhibit and replaced with the Actual Costs approved by the City and Owner.

13 EXHIBIT “D”

PARCELS WITH SHARING PARTIES

14 EXHIBIT “E”

REIMBURSEMENT BY SHARING PARTIES

Using the projected Peak Wet Weather Flows from our study and as an assumption, the New Sewer Line construction cost of $2,000,000*, the unit cost for PWWF is as follows:

Unit Cost (in $ per gallon/day) = Total Cost (in $) / Total PWWF (in gpd) Unit Cost (in $ per gallon/day) = $2,000,000 / 332,740 gpd Unit Cost = $6.01 per gallon/day (or $6.01/gpd)

For example, a builder intends to develop a portion of the Light Industrial area east of Harrison Road. Their facility is projected to generate a Peak Wet Weather Flow of 50,000 gallons/day. Using the unit cost of $6.01/gpd, the builder’s pro rata share of the Harrison Road sewer system will be $300,500 and that would be the amount reimbursed to the Owner.

*The $2,000,000 figure used above for the New Sewer Line Construction Cost is only an assumption and is only being used as an example to explain how the formula for reimbursement works. Only after the construction of the New Sewer Line is completed will the final New Sewer Line Construction Cost be determined and then that final number will be used to calculate reimbursements per Section 3(a) of this Agreement.

1 RESOLUTION NO. (N.C.S.)

RESOLUTION BY THE SALINAS CITY COUNCIL AUTHORIZING THE MAYOR TO

EXECUTE A PRE-ANNEXATION AGREEMENT WITH THE COUNTY OF

MONTEREY FOR PORTIONS OF ECONOMIC DEVELOPMENT ELEMENT

ECONOMIC OPPORTUNITY AREA K

WHEREAS, in 2006, the City and the County entered into the Greater Salinas Area Memorandum of Understanding (the “GSA -MOU”) to establish a broad policy framework to govern and to facilitate land use decisions in the area designated in the then-existing General Plan of the County as the “Greater Salinas Area” and in or adjacent to the City and its Sphere of Influence (SOI); and

WHEREAS, in its EDE the City identified an area outside the City’s current northern boundary as a future opportunity area for economic development. Area K, shown and marked on Attachment 1 , is comp rised of a Target Area K (Target Area K), where near to mid -term development is projected by the City, and an Economic Development Reserve area (Reserve Area K), which is to accommodate the City’s longer-term economic development needs; and

WHEREAS, recognizing that the GSA-MOU needed to be updated to reflect current land use development plans and current planned or contemplated development projects, and desiring to cooperate in the planning of certain development projects either within the current bounda ries of the City or its adopted SOI, or within those areas identified in the City’s EDE, the City and County entered into an Addendum to the GSA-MOU in June 2019; and

WHEREAS, the County will not deem Owner’s application complete without a wastewater treatment plan; and

WHEREAS, Owner and city staff have also negotiated a Reimbursement Agreement to outline the terms, conditions, methodology and process by which the Owner will be reimbursed by users or “Shared Parties” prior to future development in Target Area K and the Housing Project connecting to the New Sewer Line; and

WHEREAS, at the same meet ing, the City Council approved a Resolution ________(N.C.S.) authorizing the execution of the Sewer and Reimbursement Agreements with Owner; and

WHEREAS, a primary property owner of Target Area K has submitted applications for a specific plan (“Steinbruner Project”) and annexation. Proposed uses are to be consistent with the City’s EDE policies and identified land uses of Business Park and Commercial Retail; and

WHEREAS, provided the Sala Road Project is constructed, the City intends to submit an application to LAFCO to annex the Sala Road Project and Target Area K land area (Annexation Area); and

WHEREAS, the City of Salinas has therefore determined that the action of authorizing the execution of the proposed Agreement is not a project as defined by the California Environmental Quality Act (CEQA). Section 15061 (b) (3) of CEQA Guidelines states that when it can be seen with certainty that there is no possibility that the activity in question, in this case the execution of the Agreement, may have a significant effect on the environment, the activity is not subject to CEQA. Should the City proceed with an annexation application, it will be the lead agency for the application and associated CEQA compliance.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby

a. affirms the foregoing recitations are true and correct, and are included herein by reference as findings, and
b. authorizes the Mayor to execute a Pre -Annexation Agreement with the County of Monterey for portions of EOA L (Exhibit A).

PASSED AND APPROVED this 22nd day of March 2022, by the following vote:

AYES:

NOES:

3 ABSENT:

ABSTAIN:

APPROVED:

________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

Attachment:

1. Northern Area - Economic Opportunity Area Map
1 PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF SALINAS AND THE

COUNTY OF MONTEREY

FOR TARGET AREA K AND PORTIONS OF ECONOMIC DEVELOPMENT RESERVE AREA K
This Pre-Annexation Agreement (“Agreement”) is entered into this ___ day of March 2022 (the “Effective Date”), by and between the City of Salinas, a California charter city and municipal corporation, hereinafter referred to as “the City,” and the County of Monterey, a political subdivision of the State of California, hereinafter referred to as “the County” (collectively, the “Parties”).

RECITALS
A. In 2006, as a replacement to the Amended Boronda Memorandum of Understanding and in part completing a condition in the settlement of litigation between the City and the County, the City and the County entered into the Greater Salinas Area Memorandum of Understanding (the “GSA-MOU”) to establish a broad policy framework to govern and to facilitate land use decisions in the area designated in the then-existing General Plan of the County as the “Greater Salinas Area” and in or adjacent to the City and its Sphere of Influence (SOI).

C. Since the City’s and the County’s approval of the GSA-MOU, the City has adopted an Economic Development Element (2017) to its General Plan (2002) and the County adopted the 2010 General Plan.

D. In its Economic Development Element (the “EDE”), the City identified an area outside the City’s current northern Sphere of Influence boundary as a future opportunity area for economic development. The lands which comprise Area K, the “North Entrance” as it is referred to in the EDE, are currently within the County’s jurisdiction and are designated as residential, public/quasi-public, open space, farmlands, permanent grazing, and commercial in the County’s General Plan. Area K, shown and marked on Exhibit A, is comprised of a Target Area, where near to mid-term development (three (3) to five (5) years) is projected by the City, and an Economic Development Reserve Area, also identified on Exhibit A, which is to accommodate the City’s longer-term (ten (10) to twenty (20) years) economic development needs.

E. Recognizing that the GSA-MOU needed to be updated to reflect current land use development plans and current planned or contemplated development projects, and desiring to coordinate planning efforts and entitlement of certain development projects either within the current boundaries of the City or its adopted Sphere of Influence, or within those areas identified 2 in the City’s EDE as Economic Opportunity Areas, the City and County entered into an Addendum to the GSA-MOU in June 2019 (“2019 Addendum”) provided as Exhibit B. The 2019 Addendum is limited to two areas; one being the area north of the City’s current boundaries (the “Northern Area”). The Northern Area includes EDE Target Area K and portions of Economic Development Reserve Area K and is more specifically shown on the attached Exhibit A.

F. The County has received an application to develop a commercial project on approximately 17.5 acres of commercially designated lands under the County of Monterey’s General Plan that is located within the County’s jurisdiction adjacent to Target Area K and within the City’s Economic Development Reserve Area K near the intersection of Sala and Harrison Roads ( Monterey County Assessor's Parcel Number 113-091-017 ;“Sobel Project”). The Sobel Project proposes 100,000 square feet of commercial uses including a hotel, retail space, four quick service restaurants, and a gas station.

G. The County will not deem the Sobel Project application complete without a wastewater treatment plan. Since n either the County nor any other public agency c urrently provides wastewater service to the proposed project site, the Sobel Project has requested a Will Serve Letter from the City to construct a new line to connect to and allow the conveyance of effluent through its wastewater collection and conveyance system.

H. The City plans to enter into an Extraterritorial Wastewater Service Agreement (the “Service Agreement”), provided as Exhibit C, establishing the terms by which the City will grant a Will Serve Letter for the Sobel Project to construct a new line to connect to and allow the conveyance of effluent through its wastewater collection and conveyance system.

I. A primary property owner of Target Area K has submitted applications for a specific plan (“Steinbruner Project”). The specific plan area includes potential future development of approximately 123 acres of undeveloped agricultural zoned land located within the County’s jurisdiction but within the City’s Target Area K (Monterey County Assessor’s Parcel Numbers 113-151-002, 113-15-011, and a portion of 113-161-018). Proposed uses are to be consistent with the City’s EDE policies and identified land uses of Business Park and Commercial Retail. An annexation application was received as part of the Steinbruner Project submittal.

J. It is recognized that the 2019 Addendum and this Agreement do not commit either the City or County to any specific development project and that numerous further actions must be taken to comply with federal, state, and local laws and regulations, including environmental review pursuant to the California Environmental Quality Act (CEQA), which may affect certain terms and provisions contained herein.

K. Provided the Sobel Project is constructed, the City intends to include the Sobel Project land area and approximately 30 acres of retail/commercial zoned developed/underdeveloped lands within Target Area K to the west of Harrison Road that are not included within the Steinbruner Project boundary as part of a LAFCO annexation application. 3 The boundary of the intended annexation area (“Annexation Area”) is shown on Exhibit D.

Should the City proceed with an annexation application, it will be the lead agency for the application and associated CEQA compliance. The proposed Annexation Area may be either modified or not pursued by the City at its discretion.

L. Government Code Section 56425 requires a City-County consultation prior to submittal of the application to LAFCO. Agreement between the Parties should address LAFCO’s mandate to preserve agricultural land, discourage urban sprawl, and encourage the orderly growth in government agencies, and should include a discussion of policies on regional transportation impacts and efficient development patterns. Any agreement that is reached would be given greater weight if it is consistent with LAFCO policies.

M. LAFCO further requires a property tax transfer agreement, approved by both the City Council and the County Board of Supervisors, to determine an application for Sphere of Influence/Annexation to be complete.

N. The GSA-MOU and 2019 Addendum address the topics of preservation of agricultural land, discouraging urban sprawl, encouraging the orderly growth in government agencies, and include a discussion of policies on regional transportation impacts and efficient development patterns.

O. Revenue and Taxation Code section 99(d) allows for a city and county to adopt a master property tax transfer agreement to govern the adjustment in allocation of property taxes required to accompany any jurisdictional change pursuant to Revenue and Taxation Code section

99. P. In April 2008, The City and the County entered into such a master property tax transfer agreement by adoption of Salinas City Council Resolution No. 19423 and Monterey County Board of Supervisors Resolution 80-249 (“Master Tax Transfer Agreement”). The Master Tax Agreement, provided as Exhibit F, establishes the uniform property tax formula to be used as the basis for city annexations and remains in effect until January 1, 2023, or until amended based on future study and fiscal and economic impact analysis.

Q. The purpose of this Agreement is to acknowledge the foreseeable annexations, reaffirm coordination of land use entitlement and CEQA compliance as agreed to in the GSA- MOU 2019 Addendum, and to analyze the property tax and revenue sharing formulas between the City and the County.

AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, City and County agree as follows:

ARTICLE I. EFFECTIVE DATE AND DURATION.
4 1.1. Effective Date. This Agreement will become effective (“Effective Date”) on the date last signed by one of the Parties.

1.2. Duration of Agreement. This Agreement shall remain in full force and effect for a term of five (5) years from the Effective Date with the ability to extend an additional five (5) years upon mutual agreement.

ARTICLE II. TERMS.

2.1. Incorporation of Recitals. The Parties acknowledge the accuracy of the factual matters set forth in the Recitals and further acknowledge that such facts form the material basis for entry into this Agreement.

2.2. Consideration of Annexation. The County supports LAFCO’s annexation policies and application processes that provide opportunity to annex unincorporated areas to ensure the orderly and efficient provision of municipal services to the areas annexed and which encourage cities to consult with affected special districts to ensure that an annexation will not adversely affect the districts’ ability to continue to provide services outside of the proposed annexation area.

Based on the information available as of the date of this agreement, and subject to compliance with all laws and regulations, including the California Environmental Quality Act, the County acknowledges the contemplated annexation of the land within the Annexation Area to the City.

The County agrees to cooperate in good faith with the City in the preparation of the annexation application materials to LAFCO for the land within the Annexation Area.

2.3. Lead Agency for Planning and Entitlement Application Processing and CEQA Compliance. Both Parties agree to continue to follow Sections 1.1(a) and (c) of the 2019 Addendum to establish the lead agency for processing planning entitlements and CEQA compliance for development of the Projects in the Northern Area.

2.4. Development Standards Pre-Annexation. Projects proposed to be developed prior to annexation, will be processed and permitted in accordance with County development standards. Prior to consideration of the proposed projects, the County may seek City input on design related components of the proposed projects.

2.5. Compliance with City Standards Post-Annexation. Upon annexation, the Projects will be subject to the same rules, regulations, laws, fees, and taxes (except as otherwise specifically set forth herein) that would be applied to other properties and businesses in the City including, but not limited to, the Building Code, Fire Code, zoning regulations, fees, taxes, and other provisions of the Salinas Municipal Code and applicable state and federal law. Upon annexation, the Projects may be developed subject to the same policies and development standards that would be applied to other properties in the City under similar circumstances including, but not limited to, the Salinas General Plan and Salinas Zoning Code. 5 2.6. Urban Services. Upon annexation to the City, the Annexation Area will be entitled to the full range of City service including, but not limited to, sanitary sewer services, police and fire protection, and general governmental services.

2.7. Property Tax, Sales Tax, and Transient Occupancy Tax Sharing; City Measure Taxes. Upon annexation, the City and County agree to share the additional property, sales and transient occupancy tax revenues generated from the Annexation Area pursuant to the following formulas.

2.7.1. Property Tax. As stated in the Master Tax Agreement, provided as Exhibit E, City and County proportional sharing of property taxes in the Annexation Area shall remain effective until revised. The City and County will further discuss and analyze the Master Tax Agreement consistent with LAFCO laws and procedures and as provided in the GSA-MOU 2019 Addendum.

2.7.2. Sales Tax. Parties agree that County will retain 100% of sales tax revenue generated prior to annexation into the City. Post-annexation, City shall receive 100% of sales tax revenues for all future years based upon annual sales tax calculations in the areas annexed.

2.7.3. Transient Occupancy Tax (TOT). Parties agree that County will retain 100% of TOT generated from the Annexation Area prior to annexation into the City. Post-annexation, City shall receive 100% of the TOT generated from the areas annexed.

2.8.4. City Measure Taxes. Post-annexation the City shall receive 100% of the tax revenues attributable to City tax measures (Measure E, Measure G) generated from the areas annexed.

2.8.5. Cannabis Tax Revenue. Parties agree that County will retain 100% of cannabis tax revenue generated from the Annexation Area prior to annexation into the City. Post-annexation, the City shall receive 100% of the cannabis tax revenues generated within the areas annexed.

ARTICLE III. GENERAL PROVISIONS.

3.1. Amendments. The City and the County may amend this Agreement by written amendment mutually executed by both Parties. Such amendments shall not invalidate this Agreement or relieve or release either party from its obligations under this Agreement unless expressly stated to by such amendment.

3.2. Indemnity. Except as may otherwise be expressly set forth in this Agreement, each party shall indemnify, defend, and hold the other party and its officers, employees, and representatives harmless against any and all claims, losses, damages, causes of action, liability, costs, or expenses (including attorneys’ fees) arising from or in connection with, or caused by any act, omission, or negligence of such indemnifying party or its agents, employees, contractors, subcontractors, or invitees in performance of this Agreement. 6 3.3. Counterparts; Integration; Modification. This Agreement may be executed by the Parties in counterparts, all of which together shall constitute a single Agreement. This Agreement constitutes the understanding of the Parties with respect to the matters set forth in this Agreement and supersedes any and all writings and oral discussions concerning the same. This Agreement is not intended to benefit any party other than the City or the County.

3.4. No Waiver. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one or more times be deemed a waiver or a relinquishment of such other right or power at any other time or times.

3.5. Jurisdiction and Governing Law. Any legal action or proceeding concerning this Agreement shall be filed and prosecuted in the appropriate court in the County of Monterey, California or in the appropriate federal court with jurisdiction over the matter. This Agreement shall be governed by the laws of the State of California, without regard to conflict of laws principles.

3.6. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7. Warranty of Authority. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective party.

3.8. Further Assurances. The Parties to this Agreement shall cooperate with and provide reasonable assistance to the other party to the extent contemplated in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.

3.9. Notices. All notices required or allowed by this Agreement shall be in writing and addressed as set forth below. Notices shall be deemed received upon (i) the actual receipt by the intended recipient if the method of delivery is personal service, messenger service, or facsimile service, (ii) actual receipt by the intended recipient if the method of delivery is overnight delivery service, or (iii) three business days after deposit in the United States mail, postage prepaid, return receipt requested. Notices shall be addressed as follows:

If to City: City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Community Development Director
City of Salinas
7 65 West Alisal Street
Salinas, California 93901
With a Copy to: City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
If to County: County Administrative Officer
County of Monterey
168 W. Alisal St., 3rd Floor
Salinas, CA 93901
Housing and Community Development Director
County of Monterey
1441 Schilling Place, 2nd Floor South
Salinas, CA 93901
With a Copy to: Monterey County Counsel
168 W. Alisal St., 3rd Floor
Salinas, CA 93901
IN WITNESS, WHEREOF, the undersigned have entered into this Agreement:

CITY OF SALINAS
__________________________ ____________________________ Kimbley Craig, Mayor Date
ATTEST:
__________________________ ____________________________ Patricia M. Barajas, City Clerk Date
APPROVED AS TO FORM:
___________________________ ____________________________ Christopher A. Callihan, City Attorney Date
8 COUNTY OF MONTEREY
___________________________ _____________________________ Mary Adams, Chair, Board of Supervisors Date
ATTEST:
___________________________ _____________________________ Valerie Ralph, Clerk of the Board Date
APPROVED AS TO FORM:
____________________________ ______________________________ Leslie J. Girard, County Counsel Date
D Salinas Boundary
D Developmen t Areas
·ty Area K- -, Opportuni
t Reserve �
i - -
. Developmen / ECO n Om IC
--
Northern Area - Economic Opportunity Area K
Exhibit A
1 RESOLUTION NO. 21638 (N.C.S.)

RESOLUTION APPROVING AN ADDENDUM TO THE GREATER SALINAS AREA

MEMORANDUM OF UNDERSTANDING (GSA-MOU) BETWEEN THE CITY OF

SALINAS AND THE COUNTY OF MONTEREY
WHEREAS, in 2006, the City and the County entered into the Greater Salinas Area Memorandum of Understanding (GSA-MOU) to establish a broad policy framework to govern City-County growth in the “Greater Salinas Area”, replacing the Amended Boronda Memorandum of Understanding and in part complet ing a condition in the settlem ent of litigation between the City and the County; and
WHEREAS, in 2010, the County adopted a new General Plan for the non-coastal areas of unincorporated Monterey County; and
WHEREAS, in 2017 , the City adopted an Economic Development Element (EDE) amending its 2002 General Plan; and
WHEREAS, City and County staff regularly discuss current land use development plans, current planned or contemplated development projects, protection of certain agricultural lands, and much-needed resources, including low -income and farmworker housing, employment development opportunities, and associated services and facilities; and WHEREAS, in the spirit of the GSA -MOU, City and County desire to work together for orderly growth relative to proposed plans and projects that have been recently contemplated or have submitted applications for development on unincorporated lands north of the City within areas identified for future City growth and in the South Boronda area that is part of the City’s Sphere of Influence (SOI); and
WHEREAS, this Addendum to the GSA -MOU (Addendum) would serve as an interim bridge that outlines parameters and principles for processing certain projects in specific areas to the north and to the west of the city limit until a comprehensive GSA-MOU update is completed; and
WHEREAS, on June 18, 2019, the County of Monterey Board of Supervisors considered and approved the Addendum (Resolution 19-071).

NOW, THEREFORE, BE IT RESOLVED, that the Salinas City Council hereby:
a. Finds that proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines section 15378), and any subsequent discretionary projects resulting from implementation of the Addendum will be assessed for CEQA applicability.
b. Approves an Addendum to the Greater Salinas Area Memorandum of Understanding (GSA-MOU) between the City of Salinas and the County of Monterey to provide the framework for the coordination of certain plans and development projects within the DocuSign Envelope ID: 0CE4A61C-C7F8-4394-9FD4-96A3C14CF3D3 Exhibit B
2 current boundaries of the City or its adopted Sphere of Influence, or within those areas identified in the City’s Economic Development Element as Economic Opportunity Areas until a comprehensive GSA-MOU update is complete. Said Addendum, with associated maps, is attached hereto and incorporate herein by reference.

PASSED AND APPROVED this 18th day of June 2019 by the following vote:

AYES: Councilmembers: Barrera, Davis, De La Rosa, McShane, Villegas and Mayor Gunter NOES: None
ABSENT: Councilmember Cromeenes
ABSTAIN: None
APPROVED:
________________________
Joe Gunter, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: 0CE4A61C-C7F8-4394-9FD4-96A3C14CF3D3

1 ADDENDUM TO GREATER SALINAS AREA MEMORANDUM OF UNDERSTANDING This Addendum to the Greater Salinas Area Memorandum of Understanding (“Addendum”) is entered into this ___ day of June 2019 (the “Effective Date”), by and between the City of Salinas, a California charter city, hereinafter referred to as “the City,” and the County of Monterey, a political subdivision of the State of California, hereinafter referred to as “the County.”

RECITALS
WHEREAS, in 2006, as a replacement to the Amended Boronda Memorandum of Understanding and in part to complete a condition in the settlement of litigation between the City and the County, the City and the County entered into the Greater Salinas Area Memorandum of Understanding (the “GSA- MOU”) to establish a broad policy framework to govern and to facilitate land use decisions in the area designated in the then-existing General Plan of the County as the “Greater Salinas Area” and in or adjacent to the City and its Sphere of Influence (SOI) ; and WHEREAS, th e GSA -MOU identified specific objectives to be achieved through the implementation of land use and associated policies for the preservation of certain agricultural land, the provision of future growth areas, and the provision of adequate financing for the services and the facilities of benefit to the residents of the City and of the County; and WHEREAS, since the City and the County’s approval of the GSA -MOU, the City has adopted an Economic Development Element (2017) to its General Plan (2002) and the County has adopted an updated General Plan (2010); and
WHEREAS, under the GSA-MOU the City and County agreed that the County would take the lead in processing project and plan entitlements in the undeveloped southern portion of the County’s Boronda Redevelopment Project Area with concurrent City review for compliance with City development standards; and
WHEREAS, between 2004 and 2011, the County Redevelopment Agency worked directly with the City on developing a General Development Plan/Specific Plan for future development of the undeveloped area south of Boronda that included open space, mixed- use, business park, and heavy commercial uses; and
WHEREAS, in February 2012, the S tate of California dissolved redevelopment agencies, so the General Development Plan/Specific Plan entitlement process was not completed, and WHEREAS, consistent with the GSA- MOU and their respective General Plans and Spheres of Influence, the City and the County have approved various projects in and around the boundaries of the Cit y including the Salinas Ag -Industrial Center (Uni -Kool project-2010), the Salinas Travel Center (Love’s Travel Stops project--2018), and the Butterfly Village project (2008); and
2 WHEREAS, the City and the County agree and acknowledge that the GSA -MOU is i n need of an update to reflect current land use development plans and current planned or contemplated development projects, and to provide for the protection of certain agricultural lands and much-needed resources, including low-income and farmworker housing, employment development opportunities, and associated services and facilities; and WHEREAS, until a comprehensive update to the GSA-MOU is complete, the City and the County desir e to cooperate in the planning of certain development projects either within the current boundaries of the City or its adopted Sphere of Influence, or within those areas identified in the City’s Economic Development Element as Economic Opportunity Areas , and desire to work cooperatively and expeditiously in order to s upport each other’s land use planning and development efforts so that their mutual development projects can proceed in a well -planned, coordinated, and orderly manner; and
WHEREAS, one purpose of this Addendum is to mark the initial movement of the City and the County toward a more comprehensive update to the GSA -MOU and is limited to two areas: the area north of the City’s current boundaries (“the Northern Area”) and the south of Boronda area (“the South Boronda Area” ) (both areas more specifically shown on the attached Exhibits A and B, respectively); and
WHEREAS, another purpose of this Addendum is to define the coordinated planning processes by which the City and the County will plan for and consider the development of those areas shown on Exhibits A and B; and
WHEREAS, neither the City nor the County have made commitments to proposed development in the Northern Area or South Boronda Area, and all such proposals shall be required to comply with all applicable law including, but not limited to, the California Environmental Quality Act (“CEQA”);

NOW, THEREFORE,
In mutual consideration of the terms and the conditions of this Addendum, the City and the County agree as follows:

TERMS
Article 1. City and County Coordination.

Section 1.1. Northern Area (Exhibit A).
(a) City’s Economic Development Element Opportunity Area K.

In its Economic Development Element, the City identified an area outside the City’s current northern boundary as a future opportunity area for economic development. The lands which comprise Area K (the “North Entrance ,” as it is referred to in the Economic Development Element) are currently within the County’s jurisdiction and are zoned as farmlands, permanent 3 grazing, and commercial in the County’s General Plan. Area K, shown and marked on Exhibit A, is comprised of a Target Area, where near to mid-term development is projected by the City, and an Economic Development Reserve Area, also identified on Exhibit A, which is to accommodate the City’s longer-term economic development needs.
(b) Ci
ty’s Target Area K (Exhibit A).

The County will coordinate with the City regarding the preparation of a Specific Plan for City’s potential future development of undeveloped lands located with the County’s jurisdiction but within the City’s Target Area K , consistent with the City’s Economic Development Element policies and identified land uses. The City and the County agree that the City will take the lead in processing project and plan entitlements within Target Area K if annexation is a part of the entitlement application. The location of the proposed Specific Plan area is shown on Exhibit A. (c) Co
unty’s Potential Commercial Development Project.

The County may consider a proposal to develop a commercial project on commercially designated lands under the County’s General Plan that is located within the County’s jurisdiction adjacent to Target Area K and within the City’s Economic Development Reserve Area K. The location of the proposed County Commercial Development Project is shown on Exhibit A.

Section 1.2. South Boronda Area (Exhibit B).
(a) Community Plan Area.

The County will work with the City regarding the potential future development of undeveloped lands located within the County’s jurisdiction but within the City’s Sphere of Influence and Economic Opportunity Area M prior to annexation. The City and the County agree that the City will take the lead in processing project and plan entitlements within the South Boronda Area if annexation is part of the entitlement application . The location of the South Boronda Area is shown on Exhibit B.

Section 1.3. Farmworker Housing Projects.

The County may consider proposal s for development of farmworker housing on lands located within the County’s jurisdiction but within close proximity to the City’s b oundary, including its S phere of Influence areas . As part of any entitlement review , the County will consider project proximity to existing infrastructure and services, and coordinate with the City to ensure that infrastructure contemplates current and proposed surrounding projects.

Section 1.4. Mutual Support for Coordination of Development Process in the Northern Area and the South Boronda Area; Roles and Responsibilities. (a) Mutual Support.

The City and the County agree that the City’s consideration of a Specific Plan for Target Area K, and the County’s consideration of a potential Commercial Development Project located in the 4 Northern Area, are consistent with the direction of City growth outlined in the GSA-MOU. The City and the County agree to coordinate efforts to process land use entitlements for the potential development of Area K including the County potential Commercial Development P roject, the aforementioned City Specific Plan and potential annexation of Target Area K into the City , as well as future development proposals located in the Northern Area as outlined in subsection (b) below.

The City and the County agree that while not located to the north or the east of the City’s current boundaries, the proposed Community Plan Area located in the South of Boronda Area , and within the City’s Sphere of Influence, it is consistent with the intent and the purpose of the GSA-MOU. The City and County agree to coordinate efforts to process land use entitlements within the aforementioned Community Plan Area, as well as future annexation of this area into the City and development proposals located in the South Boronda Area as outlined in subsection (b) below.
(b) Coordination.

The City and the County agree to coordinate planning efforts and entitlement processes (e.g., specific and general development plans, General Plan amendments, annexations) for the Northern Area and the South Boronda Area. This includes:

1. j oint application processing if timing works for al l parties, or the provision of timing assurances and opportunity to review and comment on plans and applications if planning in tandem;

2. coordination on or shar ing in the preparation of technical studies and analyses required to determine and provide for project infrastructure, services, and public safety needs, (e.g., infrastructure, water, hydrology/stormwater, traffic and transportation);

3. joint determination of appropriate level and process for compliance with California Environmental Quality Act (CEQA) including coordinating on or sharing in project mitigation requirements;

4. selection of a mutually agreed upon consultant to prepare fiscal a nd economic analysis to provide recommended tax sharing percentage s, should they be required, based on data and market demand analysis for proposed commercial uses; and

5. joint review of technical studies, fiscal and economic analysis, and CEQA documents, an d potential development of a joint recommendation regarding project entitlement processing for City Council and Board of Supervisors consideration.
5 Section 1.5. Taxes and Fees.
(a) Should a project within the Northern Area or South Boronda Area warrant tax/revenue sharing separate from the annexation process, the City and the County will jointly prepare and in good faith consider entering into a tax/revenue sharing agreement. (b) City and County agree in good faith to consider entering into reimbursement agreements with project developer(s) to pay for technical, environmental, and fiscal economic studies and analysis beyond what is required for their individual project(s) . Subsequent project(s) would reimburse the developer(s) based on its pro rata share. (c) Ci
ty and County agree in good faith to consider entering into reimbursement agreements with project developer(s) that install infrastructure improvements beyond what is required for their individual project(s). Subsequent project(s) would reimburse the developer(s) based on its pro rata share.

Article 2. General Conditions.

Section 2.1. General Compliance.

The City and the County agree to comply with all applicable federal, state, and local laws and regulations governing public agencies . Documentation of such compliance shall be made available for review by the City and the County upon request.

The parties do not intend this Addendum to constitute a project under CEQA as it represents only an agreement to cooperate subject to compliance with all applicable laws relating to further actions, which include the preparation of plans and the consideration of projects.

Section 2.2. Administrative Amendments.

This Addendum may be amended by a written administrative amendment executed by the City Manager on behalf of the City and the County Administrative Officer or Assistant County Administrative Officer on behalf of the County, subject to review and approval by the Salinas City Attorney and Monterey County Counsel, respectively, and also subject to any required state or federal approval, provided that such administrative amendments do not substantially or materially change the terms and conditions, or overall purposes, of this Addendum.

Section 2.3. Term.

The term of this Addendum shall begin as of the Effective Date, which is the date last signed by one of the parties, and shall remain in effect until a successor to this Addendum is approved by the City and the County.

Section 2.4 Litigation.

In consideration of the mutual promises of the parties herein, the City and the County mutually agree that neither will pursue development -related litigation against the other insofar 6 as the subject development is consistent with th is Addendum, and further provided that the parties comply with the terms and conditions of this Addendum.

Article 3. Personnel and Participant Conditions.

Section 3.1. Conduct.
(a) Hatch Act.

The City and the County agree that no funds be provided, nor personnel employed under this Addendum, shall be in any way or to any extent engaged in the conduct of political activities in violation of 5 U.S.C. 15.
(b) Co
nflict of Interest.

The City and the County each agree to abide by the provisions of 24 CFR 570.611 and the requirements of state law with respect to conflicts of interest, and each covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the perfor mance of services required under this Addendum. The City and the County each further agree s that in the performance of this Addendum that no person having such a financial interest shall be employed or retained by the City or the County, or , if already employed, be involved in any way with the development, processing, or consideration of the matters set forth herein. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the City or the County, or of any designated pubic agencies or entities.

Article 4. Other Provisions.

Section 4.1. Entire Agreement.

This Addendum contains all the terms and the conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Addendum shall be deemed to exist or to bind any of the parties hereto.

Section 4.2. Notices.

Formal notices, demands, and communications (other than day-to- day routine communications) between the City and the County shall be sufficiently given if, and shall not be deemed given unless (i) dispatched by certified mail, postage prepaid, return receipt requested, (ii) sent by express delivery or overnight counter service with a delivery receipt, (iii) personally delivered with a delivery receipt, or (iv) sent by electronic mail with a copy delivered by one of the previous three methods, to the office of the parties shown as follows, or such other address as the parties may designate in writing from time-to-time:
7 City County
City of Salinas County of Monterey
Attn: Community Development Director Assistant County Administrative Officer 65 West Alisal Street 168 West Alisal Street, 3rd Floor Salinas, California 93901 Salinas, California 93901
Email: [email protected] Email: [email protected] With
a copy to:

Cit
y Attorney County Counsel
City of Salinas 168 W. Alisal St., 3rd Floor
200 Lincoln Avenue Salinas, CA 93901
Salinas, California 93901 Email: [email protected] Email: [email protected]
Such w
ritten notices, demands, and communications shall be effective on the date shown on the delivery receipt as the date delivered or the date on which delivery was refused. The recipients herein may be changed upon written notice to the other party.

Sec
tion 6.3. Conformance with Federal and State Law.

Sho
uld federal or state regulations affecting this Addendum be adopted, amended, or revised during the terms hereof, this Addendum is subject to modification to assure conformance with such federal or state requirements pursuant to the provision of Section 2.2, above.

Sec
tion 6.4. Severability.

If any
term of this Addendum is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall continue in full force and effect.

Sec
tion 6.5. Headings and Captions.

Parag
raph titles or captions contained herein are inserted as a matter of convenience and for reference, and in no way define, limit, extend, or otherwise describe the scope of this Addendum or any provision hereof.

Sectio
n 6.6. No Third-Party Beneficiaries.

There
are no intended third-party beneficiaries to this Addendum. 8 Section 6.7. Amendments.

This
Addendum may not be modified, supplemented, or amended unless in writing by the parties. Any modification, supplementation, amendment, or waiver must be signed by both parties.

Sec
tion 6.8. Costs and Expenses.

Each
party shall be responsible for its own costs and expenses in connection with any activities and negotiations undertaken in connection with this Addendum, and the performance of each party’s obligations under this Addendum, unless specifically agreed to in writing by the parties.

Sec
tion 6.9. Governing Law; Venue.

This
Addendum shall be governed and construed in accordance with the laws of the State of California without reference to choice-of-law principles, and venue for any action under this Addendum shall be in the Superior Court for the County of Monterey, subject to any motion for transfer of venue.

Section 6.10. Counterparts.

This A
ddendum may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.

Sec
tion 6.12. Non-Recourse Agreement.

No m
ember, official, employee, agent, or consultant of any party to this Addendum shall be personally liable to any other party, or any successor in interest or person claiming by, through, or under any party, in the event of any default or breach, or for or on account of any amount which may become due, or in any claim, cause, or obligation whatsoever under the terms of this Addendum.

IN WIT
NESS WHEREOF, the undersigned, as authorized representatives of the City and of the County, have entered into this Addendum as of the date first written above.

Dated
: __________, 2019 City of Salinas
_____________________
___________
Ray Corpuz, City Manager
9 APPROVED AS TO FORM:
_____________________
___________
Christopher A. Callihan, City Attorney
Dated
: __________, 2019 County of Monterey
_____________________
____________
Nicholas Chiulos, Assistant CAO
APP
ROVED AS TO FORM:
_____________________
_____________
Leslie J. Girard, Chief Assistant County Counsel
1 | P a g e
Recording Requested by and
When Recorded Return to:

NO FEE-Government Code §6103
(Space Above This Line for Recorder's
Office Use Only)
Exhibit C
1 | P a g e

EXTRATERRITORIAL WASTEWATER SERVICE

D. In its Economic Development Element, the City identified an area outside the City’s current northern boundary as a future opportunity area for economic development.

AGREEMENT
NOW, THEREFORE, City and Owner agree to the following terms by which the City will grant a Will Serve Letter for connection to the City’s Disposal System.

ARTICLE I. RIGHTS AND OBLIGATIONS

1. Recitals Incorporated. The recitals set forth above are tru e and correct and are hereby incorporated into and made a part of this Agreement.

9.c below), Owner shall, at its sole cost and expense, maintain and repair the New Sewer Line.

The City shall not allow any connections to the New Sewer Line unless and until the New Sewer Line is dedicated to and accepted by the City.

8. Maintenance of Private Sewer Facilities. The sewer lateral installed by Owner within the City or County right of way extending to the New Sewer Line, and all facilities on the 5 | P a g e
Property or within private streets within the Property, shall be private ("Private Sewer Facilities"). It is the sole responsibility of Owner to repair, maintain and replace all Private Sewer Facilities.

9. Dedication of New Sewer Line to City. As soon as the Owner completes construction of the New Sewer Line from the existing Connection Point at Russell Road and North Main Street to the Property (which will allow Owner to begin using the New Sewer Line), the following shall occur (collectively the "Sewer Service Provisions"):
a. Owner shall make an irrevocable offer of dedication, free of charge, of the entire New Sewer Line to City. City agrees to accept said dedication and conveyance within ninety (90) days and shall not be unreasonably withheld, conditioned or delayed. b. All easements necessary for the New Sewe r Line shall be conveyed to City and shall be in a form reasonably acceptable to City. c. Owner shall remedy any defective work or labor, or any defective materials relating to the construction and installation of the New Sewer Line and pay for any damage to other work or improvements resulting therefrom which shall occur within a period of one (1) year from the date of City's acceptance of the New Sewer Line. d. Prior to its acceptance by City, City shall not allow any connection to the New Sewer Line (other than Owner’s Private Sewer Facilities), and Owner shall not allow any connection to the New Sewer Line except as authorized by City, and concurrently upon execution of this Agreement the City shall ensure that Monterey One Water will accept the wastewater.
e. Except as provided in subparagraph 9.c above, City shall be solely responsible for the maintenance, repair, and replacement of the New Sewer Line upon the City’s acceptance of the New Sewer Line, and agrees to hold harmless, defend and indemnify the Owner and its officers directors, managers, members, shareholders, employees, agents, representatives, contractors, successors and assigns from any claims arising from or related to the New Sewer Line after the City’s acceptance of same, including claims arising from the City’s active or sole negligence, subject to the terms of subparagraph 9.c above.

City's obligation to provide Owner’s Property with wastewater services from City's Disposal System is conditioned upon City and Owner obtaining the consent of all applicable governmental agencies, which both Owner and City shall diligently pursue. As a condition to providing sewer 6 | P a g e
service, City shall have the right of access to the New Sewer Line and water meters, including any required irrigation meter(s). Owner relinquishes ownership rights of effluent it discharges into the City's Disposal System.

Owner, not City, is responsible for determining applicability t o O w n e r ’ s p e r f o r m a n c e s h e r e i n of and compliance with all local, state and federal laws including, without limitation, the California Labor Code, Public Contract Code, Public Resources Code, Health & Safety Code, and Government Code; the City Charter; and the County 8 | P a g e
Codes. City makes no representations regarding the applicability of any such laws to this Agreement, the project, or the parties' respective rights or obligations hereunder including, without limitation, payment of prevailing wages, competitive bidding, subcontractor listing, or other matters. City shall not be liable or responsible, in law or equity, to any person for Owner' failure to comply with any such laws, whether City knew or should have known of the need for Owner to comply, or whether City failed to notify Owner of the need to comply.

23. Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions.

26. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 9 | P a g e

28. Time of Essence. Time is of the essence in the fulfillment by the parties hereto of their obligations under this Agreement.

34. Execution in Counterparts. This Agreement may be executed in counterparts, including electronically, all of which taken together shall constitute an original hereof.

IN WITNESS WHEREOF, the parties have executed this Agreement at Salinas, California, the day and year first above written.

CITY OF SALINAS, a California charter city and municipal corporation ____________________________________
Kimbley Craig, Mayor
200 Lincoln Avenue
Salinas, CA 93901
APPROVED AS TO FORM:
____________________________________
Christopher A. Callihan, City Attorney
ATTEST:
_____________________________________
Patricia M. Barajas, City Clerk
OWNER
SALINAS 101 LLC, a California
limited liability company, and/or ASSIGNEE
By: The Sobel Company, Inc.

Managing Member
_____________________________________
Bradley A. Sobel, President
The Sobel Company, Inc.
9454 Wilshire Boulevard
Suite 210
Beverly Hills, CA 90212
11 | P a g e
Attn: Bradley Sobel
Phone: 310-277-4697
Email: [email protected]
Exhibits:

A. EDE Economic Opportunity Area K Map
B. Legal Description of Property
C. Assessor’s Parcel Map
EXHIBIT "A"
EDE Economic Opportunity Area K Map

EXHIBIT "B"
Legal Description of Property
The land referred to is situated in the unincorporated area of the County of Monterey, State of California, and is described as follows:

Beginning at a 1-1/2” diameter iron pipe standing in the Westerly boundary of said 35.16 acre tract of land from which the most Northerly corner thereof bears along said boundary N. 10° 51’ 56” E., 589.87 feet distant and running thence from said place of beginning parallel with the Northeasterly boundary of said 35.16 acre tract of land (1) S. 63° 03’ 27” E., 1,178.39 feet to a 1-1/2” diameter iron pipe standing in the line common to said 35.16 acre tract of land and Harrison Road (a county road 60 feet wide) from which a 6” x 6” granite monument standing at the corner common to said lots 1 and 2 in said Westerly line of Harrison Road bears along said common line N. 4° 05’ 25” W., 157.78 feet distant; thence along said common line
(2) S. 4° 05’ 25” E., 706.17 feet to a 6” x 6” granite monument standing at the most Southerly corner of said Lot 2 and said 35.16 acre tract of land; thence leave said common line and running along the Southwesterly boundary of said Lot 2 and said

35.16 acre tract of land
(3) N. 70° 45’ 55” W., 1,168.21 feet to a 1-1/2” diameter iron pipe standing at the Southwest corner of said 35.16 acre tract of land in the Easterly line of California State Highway U.S. 101; thence along the line common to said State Highway and said 35.16 acre tract of land
(4) N. 17° 06’ 14” W., 122.0 feet to a 1-1/2” diameter iron pipe standing at the Southwest corner of that certain 1.017 acre tract of land designated as “Parcel 2” in deed from Frank Dutra Martins et al., to Adeline Anderson dated January 19, 1951, and recorded in Volume 1275 of Official Records at Page 46, records of said county; thence leave said common line and running along the Southwesterly boundary of said 1.017 acre tract of land (5) S. 70° 45’ 55” E., 149.02 feet to a 1-1/2” diameter iron pipe standing at the most Easterly corner of said 1.017 acre tract of land; thence along the Northeasterly boundary thereof
(6) N. 17° 06’ 14” W., 415.87 feet to a 1-1/2” diameter iron pipe standing at the most Northerly corner of said 1.017 acre tract of land at the Southeast corner of that certain 0.9837 acre tract of land designated as “Parcel 1” in said deed recorded in Volume 1275 of Official Records at Page 46, records of said county; thence along the Easterly boundary of said 0.9837 acre tract of land (7) N. 28° 51’ W., 49.15 feet to a 1-1/2” diameter iron pipe; thence (8) N. 9° 42’ W., 64.09 feet to a 1-1/2” diameter iron pipe standing in the boundary common to said 0.9837 acre tract of land and said 35.16 acre tract of land; thence along the Westerly boundary of said 35.16 acre tract of land (9) N. 10° 51’ 56” E., 287.43 feet to the place of beginning.

EXCEPTING THEREFROM, the Lands as set forth in the Final Order of Condemnation recorded April 20, 2011 as Document No. 2011022876 of Official Records.

APN: 113-091-017
Page
EXHIBIT “C”
Assessor’s Parcel Map

Exhibit C
2 F. The City has reviewed studies prepared by the Owner, at Owner’s cost, t o c a l c u l a t e the anticipated wastewater generation from the proposed Project, and has determined the disposal line size of 10 inches is required to serve the Property and potential other development in Target Area K and the Housing Project, all of which are projected to impact the City’s downstream Disposal System capacity.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and understandings hereinafter set forth, the City and the Owner hereby set forth their agreement a follows:

AGREEMENT

1. Recitals. The recitals set forth above are true and correct and are made a part of this Agreement.
3 2. Project. The Project includes the construction of a ten (10)-inch municipal sewer line extension from the Project to the Connection Point as approved by the City Engineer (the New Sewer Line). Owner will design, fund, and construct the New Sewer Line in conformance with City standards.

Owner shall pay encroachment and construction permit fees to the County and connection, service and impact fees to the City, but shall not be required to pay the same fee to both the City and County. Actual Costs shall not include connection, service and impact fees exclusively associated with Owner’s Project, the $64,600 downstream improvement contribution required by the City, and costs attributable to Owner’s projected pro rata share of use of the New Sewer Line, as specified in Exhibit C, to be attached hereto after installation of the New Sewer Line is complete. b. The Owner shall have a right to reimbursement of its Actual Costs. The City shall provide written notice to Owner of (i) a request from each Sharing Party (defined below) to hook up to the New Sewer Line, and (ii) each Sharing Party connecting to the New Sewer Line. Additionally, at least annually after the Effective Date, the City will provide to Owner an accounting certified by the City as true and correct reflecting all reimbursement fees received by City from Sharing Parties, and all such fees paid by City to Owner. Owner shall have a right to audit, at its expense, the books and records of City concerning Sharing Parties’ payments of fees associated with building permits, sewer connections and other fees related to development within Target Area K and the Housing Project benefiting from the New Sewer Line. Upon fourteen (14) days’ notice, City shall either provide to Owner copies of all such books and records, or make such books and records available for inspection by Owner and/or its advisors.
c. The City will collect reimbursement from users located within Target Area K and the Housing Project that benefit from the New Sewer Line, including upstream users accessing the New Sewer Line indirectly through an upstream connection point, all located in the parcels (or a portion thereof) as shown and listed in Exhibit 4 D (each a “Sharing Party” or collectively “Sharing Parties”). The Sharing Parties will be responsible for their share of the Actual Costs of the New Sewer Line based on the formula described in Exhibit E attached hereto. The fees shall be collected by the City from each Sharing Party prior to the City’s issuance of any building permit for connecting to the New Sewer Line for such Sharing Party. Payment of such fees by the Sharing Parties shall be a condition to their receiving a building permit from the City. The City will not allow any Sharing Parties to hook up to the New Sewer Line without their first paying their share of the Actual Costs. d. The actual amounts to be paid to the Owner shall be based upon the final Actual Costs of the New Sewer Line, which shall be evidenced by invoices or other evidence of such costs provided by the Owner, and as verified by the City’s Public Works Director. The Owner shall provide the City with documentation of the scope of work and the invoices showing the amounts actually paid by the Owner for the Actual Costs of the New Sewer Line. Exhibit C will then be updated to reflect final Actual Costs. As stated above, Owner’s Actual Costs to be reimbursed shall be reduced by costs attributable to Owner’s projected pro rata use of the New Sewer Line.
e. The City shall pursue reimbursement from the Sharing Parties, with the costs of pursuing reimbursement borne solely by the City in the following two instances:

Under Government Code Section 66020(d)(2), if the user pays the fees under protest, the user has one hundred eighty (180) days from the date of the City’s Notice to file a legal action seeking to recover the fees. City shall pay the reimbursement fees to Owner within thirty (30) days after the 90-day or 180-day deadline above, whichever is applicable. If, however, an action has been instituted, 5 the City shall pay such funds to the Owner within thirty (30) days after the action has been completed and the authority of the City to collect such charges is sustained. The parties shall be bound by any statutes amending or succeeding the statutes cited above.
f. Notwithstanding any terms to the contrary contained herein, the City may allow property owners in Reserve Area K to hook up to the New Sewer Line, provided:
(i) the City determines that the New Sewer Line has sufficient capacity, (ii) such owners in Reserve Area K are treated the same as “users” and “Sharing Parties” herein, and (iii) both the City and such owners in Reserve Area K are bound by all the terms of this Agreement, including such owners being required to pay the reimbursement fees at the same rate described herein prior to hooking up to the New Sewer Line. At such point that Owner has been reimbursed one hundred percent (100%) of its Actual Costs (as defined in Section 3.a above), the City may cease paying Owner any further reimbursement fees hereunder.

13. Time of Essence. Time is of the essence in the fulfillment by the parties hereto of their obligations under this Agreement.
(signatures are on the following page)
7 IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and of the Owner have entered into this Agreement as of the Effective Date.

Managing Member
_____________________________________
Bradley A. Sobel, President
The Sobel Company, Inc.
9454 Wilshire Boulevard
Suite 210
Beverly Hills, CA 90212
Attn: Bradley Sobel
Phone: 310-277-4697
Email: [email protected]
8 Exhibits
Exhibit A – Legal Description of Property
Exhibit B – Map of Property, Housing Project, Target Area K, Reserve Area K, Salinas City Boundary and Surrounding Area
Exhibit C – Actual Costs (to be attached later)
Exhibit D – Parcels with Sharing Parties
Exhibit E – Reimbursement by Sharing Parties
9 EXHIBIT “A”

LEGAL DESCRIPTION OF THE PROPERTY
The land referred to is situated in the unincorporated area of the County of Monterey, State of California, and is described as follows:

Beginning at a 1-1/2” diameter iron pipe standing in the Westerly boundary of said 35.16 acre tract of land from which the most Northerly corner thereof bears along said boundary N. 10° 51’ 56” E., 589.87 feet distant and running thence from said place of beginning parallel with the Northeasterly boundary of said 35.16 acre tract of land (1) S. 63° 03’ 27” E., 1,178.39 feet to a 1-1/2” diameter iron pipe standing in the line common to said 35.16 acre tract of land and Harrison Road (a county road 60 feet wide) from which a 6” x 6” granite monument standing at the corner common to said lots 1 and 2 in said Westerly line of Harrison Road bears along said common line N. 4° 05’ 25” W., 157.78 feet distant; thence along said common line (2) S. 4° 05’ 25” E., 706.17 feet to a 6” x 6” granite monument standing at the most Southerly corner of said Lot 2 and said 35.16 acre tract of land; thence leave said common line and running along the Southwesterly boundary of said Lot 2 and said

0.9837 acre tract of land designated as “Parcel 1” in said deed recorded in Volume 1275 of Official Records at Page 46, records of said county; thence along the Easterly boundary of said 0.9837 acre tract of land
(7) N. 28° 51’ W., 49.15 feet to a 1-1/2” diameter iron pipe; thence (8) N. 9° 42’ W., 64.09 feet to a 1-1/2” diameter iron pipe standing in the boundary common to said 0.9837 acre tract of land and said 35.16 acre tract of land; thence along the Westerly boundary of said 35.16 acre tract of land (9) N. 10° 51’ 56” E., 287.43 feet to the place of beginning.

EXCEPTING THEREFROM, the Lands as set forth in the Final Order of Condemnation recorded April 20, 2011 as Document No. 2011022876 of Official Records.

APN: 113-091-017
11 EXHIBIT “B”
MAP OF

PROPERTY, HOUSING PROJECT, TARGET AREA K, RESERVE AREA K,

SALINAS CITY BOUNDARY AND SURROUNDING AREA

12 EXHIBIT “C”

ACTUAL COSTS
(The final version of this Exhibit shall replace this version and be inserted here once construction is completed, per Section 3(a) of this Agreement.

Actual Costs shall not include connection, service and impact fees exclusively associated with Owner’s Project and the $64,600 downstream improvement contribution required by the City.

The Actual Costs are estimated to be $2,000,000. The parties do not know whether the Actual Costs will be higher, lower or substantially different than such non-binding estimated amount.

PARCELS WITH SHARING PARTIES
14 EXHIBIT “E”

REIMBURSEMENT BY SHARING PARTIES
Using the projected Peak Wet Weather Flows from our study and as an assumption, the New Sewer Line construction cost of $2,000,000*, the unit cost for PWWF is as follows:

Unit Cost (in $ per gallon/day) = Total Cost (in $) / Total PWWF (in gpd) Unit Cost (in $ per gallon/day) = $2,000,000 / 332,740 gpd Unit Cost = $6.01 per gallon/day (or $6.01/gpd)
For example, a builder intends to develop a portion of the Light Industrial area east of Harrison Road. Their facility is projected to generate a Peak Wet Weather Flow of 50,000 gallons/day. Using the unit cost of $6.01/gpd, the builder’s pro rata share of the Harrison Road sewer system will be $300,500 and that would be the amount reimbursed to the Owner. *The $2,000,000 figure used above for the New Sewer Line Construction Cost is only an assumption and is only being used as an example to explain how the formula for reimbursement works. Only after the construction of the New Sewer Line is completed will the final New Sewer Line Construction Cost be determined and then that final number will be used to calculate reimbursements per Section 3(a) of this Agreement.

S o b e l
R e t a i l
S i t e
T a r g e t A r e a K
r
0 1,000 2,000500
Feet
P r o p o s a l A r e a
P r o p o s a l A r e a P a r c e ls
S a lin a s B o u n d a r y
O t h e r p a r c e ls
T a r g e t A r e a K & S o b e l R e t a i l S i t e P a r c e l s C i t y o f S a l i n a s
Layer Credits: USDA FSA, GeoEye, Maxar
Exhibit D
RESOLUTION NO. 19422 (N.C.S.)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SALINAS

APPROVING THE AGRICULTURAL LAND PRESERVATION PROGRAM
WHEREAS, the City of Salinas has adopted and implemented various policies and mitigation measures in its 2002 General Plan and General Plan Final Program EIR relating to the conversion of agricultural lands to urban uses;
WHEREAS, these policies and measures include cooperation and agreements with the County of Monterey to confirm the general growth direction of the City to the north and east, as memorialized in the 2006 Greater Salinas Area Memorandum of Understanding (GSA-MOU); WHEREAS, these policies and measures adopted in the 2002 General Plan also include priority to redevelopment and infill projects, as well as City-Centered growth principles; right to farm notices to ensure respect for farming rights; and buffers between agricultural and non agricultural uses, amongst other General Plan policies and City codes that support and preserve agricultural lands;
WHEREAS, the City in the 2002 General Plan and in the 2006 GSA-MOU expressed its commitment to the development of an agricultural land conservation easement program; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Salinas wishes to clarify and state the basic elements of the City's Agricultural Land Preservation Program.

NOW THEREFORE, BE IT FURTHER RESOLVED that the Council approves adopts the attached Agricultural Land Preservation Program attached hereto and incorporated by reference.

PASSED AND ADOPTED this 8th day of April 2008, by the following vote:

AYES: Councilmembers Barnes, Barrera, Sanchez, Villegas, and Mayor Donohue NOES: Councilmember Lutes
ABSENT: Councilmember De La Rosa
ATTEST: �
6L,yv\(\ C ft
O •
Ann Camel, City Clerk
Exhibit E

This document was produced on recycled paper.

MITIGATION MONITORING PROGRAM
CITY OF SALINAS ECONOMIC DEVELOPMENT
ELEMENT PROGRAM EIR
PREPARED FOR
City of Salinas
Lisa Brinton, Senior Planner
65 W. Alisal Street
Salinas, CA 93901
Tel  831.758‐7387
PREPARED BY
EMC Planning Group Inc.
301 Lighthouse Avenue, Suite C
Monterey, CA 93940
Tel  831.649.1799
Fax  831.649.8399
Ron Sissem, MRP, Principal
[email protected]
www.emcplanning.com
November 8, 2017
Exhibit E

EMC PLANNING GROUP INC . 1

CITY OF SALINAS ECONOMIC DEVELOPMENT
ELEMENT PROGRAM EIR – MITIGATION

MONITORING AND REPORTING PROGRAM

INTRODUCTION
CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigat ion measures to avoid significant adverse environmental effects.

The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during implementa tion of the project (or projects in the case of a program EIR to which the mitigation measures apply). Th e purpose is to avoid significant adverse environmental effects.

The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensure that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of mitigation measures.

A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measur e’s compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are required for future indi vidual development projects that implement the City of Salinas Economic Development Element.

CITY OF SALINAS ECONOMIC DEVELOPMENT ELEMENT PROGRAM EIR

MITIGATION MONITORING AND REPORTING PROGRAM
2 EMC PLANNING GROUP INC .

MONITORING PROGRAM
The mitigation measures included in the City of Salinas Economic Development Element Final Program EIR are the basis for this monitoring program. The mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less-than-significant levels. The mitigation measures will become conditions of approval for future individual development projects proposed within the Target Areas identified in the program EIR. Acting as the lead agency, the City will conduct a CEQA compli ance process for each future individual development project at the time each is proposed . Mitigation measures identified in the City’s 2002 General Plan Final Program EIR and in the City’s 2007 Final Supplement for the General Plan Final Program EIR also apply and are incorporated herein by reference.

The attached monitoring checklist contains all mitigation measures in the City of Salinas Economic Development Element Final Program EI R. In cases where a particular mitigation measure identifies implementation stage timing op tions or is to be implemented over more than one timing stage, the mitigation measure is placed under each implementation timing stage. The text of the mitigation which applies to that particular stage is highlighted in boldface font.

MONITORING IMPLEMENTATION STAGES
The following implementation timing stages ar e identified in the monitoring checklist.

Mitigation measures are placed under the respective stage at which they are to be implemented.  During CEQA Process for Future Individual Development Projects within the Target Areas;
 During the Development Review Process for Future Indivi dual Development Projects within the Target Areas;
 Prior to Approval of Future Individual Development Projects within the Target Areas;  Prior to Issuance of a Grading Permit for Fu ture Individual Development Projects within the Target Areas;
 Prior to the Removal of On-Site Trees or Existing Structures for Future Individual Development Projects within the Target Areas;
 Prior to the Issuance of a Building Permit for Future Individual Development Projects within the Target Areas; and
 During Construction of Future Individual Development Projects within the Target Areas.

CITY OF SALINAS ECONOMIC DEVELOPMENT ELEMENT PROGRAM EIR

M ITIGATION MONITORING AND REPORTING PROGRAM

EMC PLANNING GROUP INC . 3

MONITORING PROGRAM PROCEDURES
The City of Salinas shall use the attached mitigat ion monitoring list for the proposed project.

The monitoring program should be implemented as follows:

1. The City of Salinas is responsible for coor dinating the monitoring program, including the monitoring list. The City of Salinas is responsible for completing the monitoring list in association with each individual future development project and for distributing the list to the responsible individuals or agencie s for their use in moni toring the mitigation measures for such projects.

2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the moni toring list have been complied with for each future individual development project. Once all mitigation measures have been complied with, the responsible individual o r a g e n c y s h o u l d s u b m i t a c o p y o f t h e monitoring list to the City of Salinas to be placed in the project file. If the mitigation measures have not been compiled with, the mo nitoring list should not be returned to the City of Salinas.

3. The City of Salinas will review the list to ensure that mitigation measures included in the monitoring list have been compiled with at the appropriate time.

4. If a responsible individual or agency dete rmines that a non-compliance event has occurred, a written notice should be delivere d by certified mail to the City of Salinas within 10 calendar days, describing the non-compliance and requiring compliance within a specified period of time. If non-comp liance still exists at the expiration of the specified period, construction may be ha lted and fines may be imposed at the discretion of the City of Salinas.

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PROGRAM EIR

MITIGATION MONITORING AND REPORTING PROGRAM
In addition to the mitigation measures listed below, the mitigation measures identified in the City’s 2002 General Plan Final EIR and the Fina l Supplement to the 2007 General Plan Final Program EIR apply to individual future projects proposed within the Target Areas and are incorporated by reference.
_________________________________________________________________________ During the CEQA Process for Future Individual Development Projects within the Target Areas
BIO-1. To protect Congdon’s tarplant, the presence/absence of Congdon’s tarplant in all annual grassland and ruderal habitats within any Target Area shall be determined during subsequent CEQA processes for individual pr ojects. A qualified biologist shall conduct a focused botanical survey for this species in accordance with current California Department of Fish and Wildlife and California Native Plant Society rare plant survey protocols during its peak blooming period (typically August to September). If the survey concludes that the species is not present, then no further mitigation is required. If this species occurs within any of the Target Areas and would be im pacted by development, then appropriate mitigation shall be developed and implemented.

Mitigation shall include, but not be limited to, project developers contracting with a qualified biologist or native plant specialist to collect seed from the annual Congdon’s tarplant individuals within the impact area prior to initiation of ground disturbance activities. Project developers and the City Community Development Department shall oversee selection of an appropriate mitigation area, preferably within the boundary of the individual project site, or in the vicinity, that would not be disturbed in the future.

Collected seed shall be installed at the mitigation area at the optimal time. Topsoil from the occurrence location shall be salvaged (where practical) for use in the mitigation area. A qualified biologist shall develop a project-specific Habitat Management Plan which details methods for Congdon’s tarplant seed collectio n from the impact area, preparation of the mitigation area, and seed installation at th e mitigation area. In accordance with the General Plan, the Habitat Management Plan shall include basic maintenance measures and defined performance standards to manage the rare plant occurrence for its long-term protection and persistence at the mitigation area.

Individual developers of projects within the Target Areas will be responsible for implementation of this mitigation measure with oversight by the City Community

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Development Department as needed. Compliance with this measure shall be documented and submitted to the City as part of the CEQA process for individual projects.

Implementation of mitigation measure BIO-1 wi ll ensure that potential impacts to special- status Congdon’s tarplant are mitigated to a less-than-significant level by requiring a determination of whether the species is present and if so, requiring implementation of measures and defined performance standards to collect seed and replant in a mitigation site. With implementation of this mitigation measure, the proposed project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or specia l status species in local or regional plans, policies, or regulations, or by the California De partment of Fish and Wildlife or U.S. Fish and Wildlife Service. Therefore, this impact is less than significant with mitigation incorporated.

If no aquatic breeding or upland aestivation ha bitat is present, but development within the Target Areas or proposed within areas that could be traversed by wandering frogs or salamanders, initial site clearing and grad ing shall be conducted and completed only during the dry season, which typically extends from April 15 to November 15. Site clearing and grading shall halt if significant rainfall, defined as greater than 0.5-inch per 24 hours within a local watershed, is either foreca sted or observed to avoid environmental conditions when California red-legged frog or California tiger salamander would have the potential to be active.

A biologist qualified to assess and monitor Ca lifornia red-legged frog and/or California tiger salamander shall be approved by the City prior to the start of construction activities.

CITY OF SALINAS ECONOMIC DEVELOPMENT ELEMENT PROGRAM EIR

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The biologist shall conduct prec onstruction surveys, training sessions, and construction monitoring and reporting, if needed.

Before construction activities begin, the qual ified biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of California red-legged frog and California tiger salamander and their habitats, the measures that are being implemented to conserve Cali fornia red-legged frog and California tiger salamander as they relate to the project (c ontained herein), and the boundaries within which the project occurs. Informational handouts with photographs clearly illustrating the species’ appearances shall be used in the training session. All new construction personnel shall undergo this mandatory environmental awareness training.

The contractor shall avoid the use of mono filament netting including in temporary and permanent erosion control materials (fiber rolls and blankets).

If proposed construction activities may result in the “take” (harass, harm, pursue, wound, kill, trap, or capture) of California red-legged frog or California tiger salamander, the project proponent shall obtain state and federal Incidental Take Permits, and comply with all stipulated conditions to protect special-st atus amphibians (including, but not limited to those identified above) and compensate fo r the permanent loss of California tiger salamander and/or California red-legged frog breeding or upland habitat. To compensate for the permanent loss of habitat, the applicant would be required to preserve or purchase in-kind habitat that is known to provide breeding and/or upland habitat for California tiger salamander and/or California red-legged frog. Compensatory mitigation may be accomplished through one of the following options:
 Establishing a conservation easement on site or off site in a suitable Monterey County location and providing a non-wa sting endowment for management and monitoring of the property in perpetuity. Lands placed in a conservation easement must be documented to support California tiger salamander and/or California red- legged frog;
 Depositing funds into an USFWS and CDFW approved in-lieu fee program; or  Purchasing credits in a USFWS and CD FW approved conservation bank that includes the project site in its service area.

The applicants for projects within the su bject Target Areas will be responsible for implementing this mitigation measure, with oversight by the Community Development Director. Compliance with this measure shall be documented and submitted to the City prior to ground disturbance.

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Implementation of mitigation measure BIO-2 will ensure that potential impacts to federally and/or state-listed amphibian species are reduced by determining whether they are likely to occur within areas proposed for construction, by requiring exclusionary fencing, environmental awareness training, an d biological construction monitoring if impacts can be avoided, or obtaining regulatory permits from the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife via the incidental take permitting process, if impacts cannot be avoi ded. With implementation of this mitigation measure, the proposed project would not subs tantially reduce the number or restrict the range of an endangered, rare or threatened species. Therefore, this impact is less than significant with mitigation incorporated.

CITY OF SALINAS ECONOMIC DEVELOPMENT ELEMENT PROGRAM EIR

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During the Development Review Process for Future Individual Development Projects within the Target Areas
AG-4. As part of the development review process for future individual projects proposed within Target Areas where such development is located adjacent to actively cultivated agricultural land, the City will determine whether agricultural buffers are required to reduce potential conflicts between proposed urban development and active agricultural operations. Where buffers are required, individual development projects shall be designed to incorporate buffers. Buffers shall be designed on a site-by- site basis to consider potential externalities from adjacent agricultural uses and to minimize potential health and safety effects of these externalities on users of the development pr oposed adjacent to the agricultural uses.

Buffers shall be placed within the boundary of the urban use unless otherwise agreed to by the developer and owner of the adjacent agricultural use. Buffers may consist of open space, landscaped berms, roads, landscape features, or other features. Buffer locations shall be identified in development plans and include accompanying descriptions that demonstrate how potential conflicts between deve loped uses and adjacent agricultural uses will be minimized. In cases where adjacent agricultural land is subsequently approved for urban development, buffers may be eliminated /converted to urban use once the potential for urban/agricultural land use conflicts is eliminated.

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b. The boundaries of Target Areas B and V will be modified to exclude the acreage within a Williamson Act contract.

Prior to approval of future individual projects within Target Areas B or V that conflict with Williamson Act contracts, one or more of the mitigation options shall be implemented through project design, conditions of approval, and/or project-specific CEQA mitigation requirements.

Party Responsible for Implementation: City of Salinas
Party Responsible for Monitoring: City of Salinas
 Implementation Complete
Monitoring Notes and Status:
_________________________________________________________________________________ AG-3. To avoid potential conflicts with a pe rmanent agricultural conservation easement resulting from future development within Target Area B, one of the following mitigation options will be implemented by the City:
a. Development will be prohibited with in parcels under permanent agricultural conservation easement; or
b. Coordinate with the Ag Land Trust to exchange the existing agricultural conservation easement with which development of Target Area B could be in conflict with one or more new conservation easements placed on agricultural land in an alternative location such that conflicts are eliminated.

Prior to app roval of development within Ta rget Area B which could conflict with the agricultural conservation easement, either or a combination of both of the mitigation options shall be implemented through projec t design, conditions of approval, and/or project-specific CEQA mitigation requirements.

CITY OF SALINAS ECONOMIC DEVELOPMENT ELEMENT PROGRAM EIR

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GHG-1. Until such time as the City adopts a greenhouse gas reduction plan pursuant to CEQA Guidelines section 15183(5)(b), Plans for the Reduction of Greenhouse Gas Emissions, developers of future individual projects within the Target Areas shall prepare a Greenhouse Gas Reduction Plan (GGRP). The GGRP shall serve as a project specific plan for the reduction of GHGs associated with individual projects. The GGRP shall include the following:
1) A GHG threshold of significance adopted by the City, if any, which is applicable on the date the project application is deemed complete by the City. If none has been adopted by the City, the GGRP shall include a GHG threshold of significance recommended by an appropriate agency such as the air district, or other regional or state agency which is acceptab le to the City and applicable on the date the project application is deemed complete by the City. The threshold shall be based on substantial evidence that it is applicable to the proposed project. 2) Calculation of an unmitigated annual pr oject GHG emissions projection using an acceptable modeling tool such as CalEEMod.
3) Calculation of GHG emissions reductions that accrue from applicable building standards and other adopted regulatory requir ements in place on the date the project application is deemed complete by the City . These include regulatory requirements such as CALGreen, Pavley standards, Lo w Carbon Fuel Standard, Advanced Clean Cars, and other future applicable standards or regulatory requirements that may be adopted by the state to implement AB 32 (2020), SB 32 (2030), other state regulations, or fu ture state adopted legislation for reducing GHG emission s, including legislation and implementing re gulations designed to achieve post-2030 emissions reduction targets, if any.
4) Calculation of net project GHG emission s volume after reductions are taken for applicable building standards and other adopted regulatory requirements.

Determination whether the net emissions vo lume exceeds or is below the threshold of significance.
5) If the net emissions volume is above the applicable threshold of significance, the GGRP shall include feasible GHG reduction measures to be implemented to reduce total emissions to below the threshold of significance, if feasible. GHG reduction measures that are site-specific and under cont rol of the applicant shall be prioritized.

These could include, but may not be limite d to, building and site energy reduction measures, measures to reduce project-ge nerated vehicle miles traveled, or other measures. Off-site measures such as participation in a community-wide GHG reduction program(s), if any are adopted, or payment of GHG reduction fees (carbo n

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offsets) into a qualified existing local program, if one is in place, may be considered after all feasible on-site reduction measures are considered. The effectiveness of the G H G r e d u c t i o n m e a s u r e s i n c l u d e d i n t h e G G R P m u s t b e v e r i f i a b l e b a s e d o n evidence presented in the GGRP. Repres entative GHG reduction measures which may be considered may include, but are not limited to:
• Measures identified by the California Air Pollution Control Officers’ Association in Quantifying Greenhouse Gas Mitigation Measures: A Resource for Local Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures or updates to this document as may occur from time to time. • Measures identified in guidance from th e air district, if any, and/or in guidance provided by other regional air district s such as the Bay Area Air Quality Management District, Sacramento Metropol itan Air Quality Management District, San Luis Obispo County Air Pollution Co ntrol District, or other agencies with adopted GHG reduction guidance that is applicable on the date the project application is deemed complete by the City.
• Measures that support implementation of adopted state building guidelines and regulations in place on the date a project application is deemed complete by the City .

These could include, but are not limited to: Tier 1 and Tier 2 building energy reduction measures included in CALGreen , provision of on-site vehicle charging stations or related infrastructure that supports state goals for transportation system electrification enumerated in SB 350, etc.

If sufficient feasible GHG reduction measures are unavailable to reduce GHG emissions to below the threshold of signific ance, the applicant shall include evidence in the GGRP to this effect. The GGRP shall be subject to review and approval of the Community Development Department prior to approval of the project specific entitlements.

Implementation of mitigation measure GHG- 1 shall not be required if the City has a qualified GHG reduction plan in place on the date a future individual project application is deemed complete, the qualified GHG reduction plan reflects the most recent legislatively-adopted GHG reduction ta rgets (e.g., the 2030 target set by SB 32), includes an inventory of projected GHG emissions from development within the Target Areas, and includes GHG reductio n measures applicable to development within the Target Areas whose implementation is required as a condition of approval of such projects.

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While mitigation measure GHG-1 would result in reduced GHGs, it is possible that individual projects may not achieve GHG redu ctions needed for their individual impacts to be less than significant such that the cumulative emissions from all such development would not meet the trajectory of reducing cumulative emissions to below the 2045 emissions reduction target. Therefore, the im pact is considered to be significant and potentially unavoidable.

Party Responsible for Implementation: City of Salinas
Party Responsible for Monitoring: City of Salinas
 Implementation Complete
Monitoring Notes and Status:
_________________________________________________________________________________ TRANS-5. The City will add the required improvements to the segment of E. Harris Road west o f A b b o t t S t r e e t t h a t i s c o n t r o l l e d b y t h e City to the City’s TF O. The improvements include widening the road from two to four la nes. Right-of-way must be acquired for this purpose. The improvements would improve operations to LOS D. The TFO will be updated to include this improvement projec t prior to approval of any individual development proposed within any of the Targ et Areas. Prior to issuance of building permits for individual projects within the Targ et Areas, individual project developers shall pay the City’s TFO fee in effect at the time that building permits are issued. Payment of the fee represents the fair-share contribution of the projects to mitigating their respective impacts on this road segment.

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include widening the road from four to six la nes. Right-of-way must be acquired for this purpose. The improvements would improve operations to LOS D. The TFO will be updated to include this improvement project prior to approval of any individual development proposed within any of the Target Areas. Prior to issuance of building permits for individual projects within the Targ et Areas, individual project developers shall pay the City’s TFO fee in effect at the time that building permits are issued. Payment of the fee represents the fair-share contribution of the projects to mitigating their respective impacts on this road segment.

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Prior to Issuance of a Gradi ng Permit for Future Individual Development Projects within the Target Areas
AG-1. Developers of future projects within each Target Area shall provide mitigation for conversion of important farmland (Prime Fa rmland, Farmland of Statewide Importance, and Unique Farmland) to non-agricultural use resulting from development within the Target Areas. At a minimum, mitigation shall include payment of an agricultural land conservation in-lieu fee in effect at the time individual projects are proposed within the Target Areas or dedication of a permanent conservation easement to a qualified third- party farmland conservation entity on off-site agricultural land of equal or better quality a t a r a t i o o f 1 : 1 . E q u a l o r b e t t e r q u a l i t y i s l a n d w i t h a C a l i f o r n i a D e p a r t m e n t o f Conservation Farmland Mapping and Monitori ng Program farmland classification that is equal to or better than the classification of farmland being converted. The conservation easement shall be placed on land in proximity of the City. If payment of an in-lieu fee is proposed by individual project applicants, the fee amount shall be based on the fair market value of agricultural land at the time individual project applications are submitted. This amount may be updated, if necessary, at the time of project approval.

The fair market value shall be identified through a nexus study or other mechanism approved by the City Attorney. The specific mitigation option to be implemented shall be identified in the CEQA documentation for future individual projects. Individual developers shall demonstrate compliance with the selected performance standard to the Community Development Director prior to issuance of a grading permit by the City.

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b. Prohibit all grading activities duri ng periods of high wind (over 15 mph); c. Apply chemical soil stabilizers on inactive construction areas (disturbed lands within construction projects that are unused for at least four consecutive days); d. Apply non-toxic binders (e.g., latex acryli c copolymer) to exposed areas after cut and fill operations and hydroseed area;
e. Maintain at least 1’-0” of freeboard in haul trucks; f. Plant tree windbreaks or construct windbreaks on the windward perimeter of construction projects adjacent to open land;
g. Cover inactive storage piles;
h. Sweep streets if visible soil material is carried out from the construction site; and/or i. Post a publicly-visible sign written in English and Spanish with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours. The phone number of the air district shall also be visible to ensure compliance with rule 402 (nuisance).

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conditions when California red-legged frog or California tiger salamander would have the potential to be active.

A biologist qualified to assess and monitor Ca lifornia red-legged frog and/or California tiger salamander shall be approved by the City prior to the start of construction activities.

The biologist shall conduct prec onstruction surveys, training sessions, and construction monitoring and reporting, if needed.

The contractor shall avoid the use of mono filament netting including in temporary and permanent erosion control materials (fiber rolls and blankets).

The applicants for projects within the su bject Target Areas will be responsible for implementing this mitigation measure, with oversight by the Community Development

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Director. Compliance with this measure shall be documented and submitted to the City prior to ground disturbance.

Implementation of mitigation measure BIO-2 will ensure that potential impacts to federally and/or state-listed amphibian species are reduced by determining whether they are likely to occur within areas proposed for construction, by requiring exclusionary fencing, environmental awareness training, and biologic al construction monitoring if impacts can be avoided, or obtaining regulatory permits from the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife via the incidental take permitting process, if impacts cannot be avoided. With implementation of this mitigation measure, the proposed project would not substantially redu ce the number or restrict the range of an endangered, rare or threatened species. Therefor e, this impact is less than significant with mitigation incorporated.

If no active nests are present within 250 feet of the locations of planned construction activities, then activities can proceed as schedu led. However, if an active nest is detected during the survey within 250 feet of such activities, a protective construction-free buffer zone from each active nest (typically 250 feet for raptors and 50-100 feet for other species, to be determined by the qualified biologist) wi ll be clearly delineated or fenced until the juvenile bird(s) have fledged (left the ne st), unless the biologist determines that construction would not impact active nests.

The applicants for projects within the Target Areas will be responsible for implementation of this mitigation measure, with oversight by the City Community Development

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Department as needed. Compliance with this measure shall be documented and submitted to the City prior to ground disturbance.

Implementation of mitigation measure BIO-3 wi ll ensure that potential impacts to nesting birds are reduced by requiring pre-construction surveys and requiring avoidance measures to ensure development activities will not take or destroy any nesting bird or bird of prey or disrupt the nesting activities of such birds. With implementation of this mitigation measure, the proposed project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. Therefore, this impact is less than significant with mitigation incorporated.

Surveys shall be conducted according to methods described in the Staff Report on Burrowing Owl Mitigation (CDFW 2012). If these pre-construc tion “take avoidance” surveys performed during the breeding season (Feb ruary through August) or the non-breeding season (September through January) locate o ccupied burrows in or near construction areas, consultation with the California Department of Fish and Wildlife would be required to interpret survey results and develop a projec t-specific plan for avoidance, minimization, and compensation.

Where there is insufficient habitat on, adjace nt to, or near project sites where burrowing owls will be impacted, acquisition of off-site mitigation lands with occupied burrowing owl habitat may be required in consultation with California Department of Fish and Wildlife.

Compensation may take the form of (a) acquir ing and dedicating lands into conservation easements; (b) purchasing mitigation credits at compensation ratios that have been

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approved by the California Department of Fi sh and Wildlife; or (c) preserving area contiguous or near the acreage lost.

The applicants for projects within the Target Areas will be responsible for implementation of this mitigation measure, with oversight by the City Community Development Department as needed. Compliance with this measure shall be documented and submitted to the City prior to ground disturbance.

Implementation of mitigation measure BIO-4 wi ll ensure that potential impacts to special- status burrowing owls are reduced by requiring avoidance measures and/or pre- construction surveys to ensure development ac tivities will not disrupt nesting activities.

With implementation of this mitigation measure, the proposed project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or specia l status species in local or regional plans, policies, or regulations, or by the California De partment of Fish and Wildlife or U.S. Fish and Wildlife Service. Therefore, this impact is less than significant with mitigation incorporated.

If impacts to a federal jurisdictional feature may occur, a Clean Water Act Section 404 Nationwide Permit may be needed. If the pr oposed activity would not otherwise qualify for a Nationwide Permit, the applicant will proceed with obtaining an Individual Permit from the USACE. For either permit, a wetland delineation report shall first be submitted to the USACE for a jurisdictional determination.

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If impacts to a wetland not subject to federal jurisdiction but subject to state jurisdiction may occur, fill authorization shall be sought from the Central Coast Regional Water Quality Control Board.

For any wetland impacted by individual proj ects within Target Area V, the project proponent shall take steps necessary to comp ly with City General Plan Policy COS-18, including the minimum ratios set forth therei n for impacts to wetlands and other waters.

Mitigation shall be sufficient to ensure no net loss of wetland area, function, or value, either through wetland creation, restoration, or the purchase of wetland credits through an approved wetland mitigation bank.

A Water Quality Certification (Section 401 of the Clean Water Act) from the Central Coast Regional Water Quality Control Board and Lake or Streambed Alteration Agreement from the California Department of Fish and Wildlife will also be obtained if determined necessary through the wetland a ssessment and subsequent regulatory agency consultation.

Applicants for projects within Target Area V will be responsible for implementing this mitigation measure with oversight by the Ci ty Community Development Department as needed. Compliance with this measure sha ll be documented and submitted to the City prior to ground disturbance.

Implementation of mitigation measure BIO- 7 will ensure that impacts to potentially jurisdictional wetlands and waterway s are mitigated by requiring a wetland assessment/jurisdictional determination and as sociated permitting. With implementation of this mitigation measure, the proposed project would not have a substantial adverse effect on federally or state-protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. Therefore, this impact is less than significant with mitigation incorporated.

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CR-1. Developers of individual projects within Target Areas shall retain a qualified historic resources consultant to conduct an historic resources inventory and may be required to perform site specific surveys, based on the probability and likelihood of the existence of historical remains, to determine if signific ant historical resources are present within proposed individual project sites. Guidelines established by the California State Office of Historic Preservation shall be used to record resources. If significant historic resources are present, the project developer shall preserve th e significant historic resource or implement mitigation measures identified by the historic resources cons ultant. Mitigations shall be reviewed and approved by the Community Deve lopment Director and mitigations shall be implemented and completed prior to approv al of a grading permit, unless otherwise directed by the Community Development Director.

In the event that unique archaeological reso urces or historical resources are uncovered during excavation and/or grading, all work sh all stop in the area of the subject property until an appropriate data recovery program can be developed and implemented by a qualified archaeologist. The Community Deve lopment Director shall ensure that the permit language has been included and shall ensure that the appropriate data recovery program is implemented should unique archaeological resources or historical resources be uncovered.

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CR-4. The following language shall be included in any permit associated with earth moving activities for development projects proposed within Target Areas:

In the event that paleontological resource s are uncovered during excavation and/or grading, all work shall stop in the area of the subject property until a qualified paleontologist can assess the scientific significance of the paleontological resources and, if they are significant, until an appropriate data recovery program can be developed and implemented. The Community Development Director shall ensure that the permit language has been included and shall ensure th at the appropriate data recovery program is implemented if significant paleontological resources are uncovered.

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aerially deposited lead in locations where project grading and excavations may have potential to result in release of this material. The testing scope should include preparation of a site-specific work plan specifying surface sample or soil boring locations, sample collection, laboratory analysis, and preparation of findings, and recommendations. The testing report must determine the concentrations of lead in such locations and whether project grading and excavations have potential to cause worker and public health and safety risks. If risks are possible, a remediat ion plan shall be prepared and implemented.

The remediation plan shall define performance standards for the handling and disposal of contaminated soil to ensure that risks to public health and safety from transport and disposal are minimized. The testing program and remediation plans (as needed) will be completed prior to initiation of ground distur bance activities in locations where the expert has deemed that testing for aerially deposited lead is warranted. If remediation is needed in specific locations, the remediation process will also be completed prior to initiation of project related ground disturbance activities in those locations.

Party Responsible for Implementation: Individual Developers Party Responsible for Monitoring: City of Salinas

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 Implementation Complete
Monitoring Notes and Status:
_________________________________________________________________________________ Prior to the Removal of On-Site Tr ees or Existing Structures for Future Individual Development Projects within the Target Areas BIO-6. Prior to tree removal or structure distur bance activities, individual project developers shall retain a qualified biologist to conduct a focused survey for bats and potential roosting sites in trees to be removed, in trees within 250 feet of the development footprint, and within and surrounding any structures that ma y be disturbed by the project. These surveys shall be conducted no more than 15 days prior to the start of construction. The surveys can be conducted by visual identification and assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit.

If no roosting sites or bats are found, a lette r report confirming absence shall be submitted to the City of Salinas and no further mitigation is required.

If bats or roosting sites are found, a letter report and supplemental documents shall be provided to the City of Salinas prior to grading permit issuance and the following monitoring, exclusion, and habitat replacement measures shall be implemented:
a. If bats are found roosting outside of the nursery season (May 1 through October 1), they shall be evicted as described under (b) below. If bats are found roosting during the nurser y season, they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. If the roost is determined to not be a maternal roost, then the bats shall be evicted as described under (b) below. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season. Therefore, if a maternal roost is pr esent, a 250-foot buffer zone (or different size if determined in consultation with the CDFW) shall be established around the roosting site within which no construction activities including tree removal or structure disturbance shall occur until after the nursery season. b. If a non-breeding bat hibernaculum is found in a tree or snag scheduled for removal or on any structures scheduled to be disturbed by project activities, the individuals

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will be safely evicted, under the direction of a qualified bat biologist and in consultation with the CDFW. Methods could include: carefully opening the roosting area in a tree or snag by hand to expose the cavity and opening doors/windows on structures, or creating openings in walls to allow light into the structures. Removal of any trees or snags and disturbance of any structures shall be conducted no earlier than the following day (i.e., at least one night will be provided between initial roost eviction disturbance and tree removal/struct ure disturbance). This action will allow bats to leave during dark hours, which in creases their chance of finding new roosts with a minimum of potential predation.

The applicants for projects within the Target Areas will be responsible for implementing this mitigation measure with oversight by the City Community Development Department as needed. Compliance with this measure shall be documented and submitted to the City prior to ground disturbance or the removal of trees or buildings.

With implementation of mitigation measure BIO-6, the proposed project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or specia l status species in local or regional plans, policies, or regulations, or by the California De partment of Fish and Wildlife or U.S. Fish and Wildlife Service. Therefore, potential impacts to special-status bat species are less than significant with mitigation incorporated.

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structurally sound but where structural damage is a major concern; and 3) a conservative limit of 0.08 inches/second for ancient buildi ngs or buildings that are documented to be structurally weakened. The vibration study shall include the following components:
 Planned locations and description/char acterization of vibration compaction activities such as pile driving, assessment of the sensitivity of nearby structures to groundborne vibration, and vi bration limits for all vibration-sensitive structures located within 200 feet of the vibration source;
 A vibration monitoring and construction contingency plan to identify structures where monitoring would be conducted, a vibration monitoring schedule, and a process to conduct photo, elevation, and cr ack surveys to document before and after construction conditions;
 Measures to ensure that when vibration le vels approach limits, construction will be suspended and contingencies implemented to either lower vibration levels or secure the affected structures;
 A plan for making appropriate repairs or providing compensation where damage has occurred as a result of construction activities; and
 Where buildings within 200 feet of the vibration sources are inhabited, a public information program to notify affected neighbors of scheduled construction activities and their type and duration, and a construction schedule that assures that activities with the highest potential to produce perceptible vibration are conducted during hours with least potential to adversely affect nearby businesses and residents.

The vibration study shall be subject to review and approval by the Public Works Director prior to issuance of a demolition or building permit, whichever comes first.

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with a construction period exceeding one ye ar, each project applicant shall prepare a construction noise assessment. The constructi on noise assessment shall identify: 1) the types and noise intensities of construction equipment to be utilized; 2) the locations of noise-sensitive uses (e.g. residential, schools, etc.) and non-sensitive uses (e.g. commercial and industrial uses) that would be exposed to construction noise, the projected construction noise levels at these uses, and whether construction noise levels may exceed both 60 dBA Leq and ambient noise levels by at least 5 dBA Leq at noise-sensitive uses, or 70 dBA Leq and ambient noise levels by at le ast 5 dBA Leq at non-sensitive uses. Where either condition occurs, projec t applicants shall identify and implement construction noise reduction measures that ensure construction noise does not exceed these noise levels. The construction noise reduction measures shall include the measures listed below unless the construction noise assessment includes data wh ich demonstrates to the City that allowable construction noise levels can be met with fewer and/or substitute noise reduction measures. However, for all projects, the limits on construction hours and days as listed below shall apply.
• Restrict noise-generating ac tivities at construction sites or in areas adjacent to construction sites to the hours between 7: 00 a.m. and 7:00 p.m., Monday through Friday. Construction shall be prohibited on Saturdays, Su ndays and holidays unless prior written approval is granted by the Public Works Director; • Construct temporary noise barriers, where feasible, to screen stationary noise- generating equipment to provide a minimum of 5 dBA noise reduction; • Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; • Prohibit unnecessary idling of internal combustion engines; • Locate stationary noise-generating equipm ent such as air compressors or portable power generators, as far as possible from se nsitive receptors as feasible. If they must be located near receptors, install adequate muffling/enclosures; • Utilize "quiet" air compressors and other stationary noise sources where possible; • Locate construction staging areas, material stockpiles, and maintenance/equipment and parking areas as far as feasible from residential receptors; • Route all construction traffic via designat ed truck routes wher e possible. Prohibit construction related heavy truck traffic in residential areas where feasible; and • Designate a "disturbance coordinator" re sponsible for responding to complaints about construction noise and for defining reasonable measures to correct complaint

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issues. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include in it a notice to be sent to adjacent property owners.

The construction noise assessment and constr uction noise reduction measures shall be subject to review and approval of the Public Works Director prior to issuance of a demolition or building permit, whichever comes first.

Each noise study shall identify traffic noise exposure levels wi thin each individual project site; specify locations within each site where noise levels exceed thresholds; and define site design, building orientation, setbacks, noise ba rriers, or other measures needed to ensure noise exposure does not exceed standards at outdoor use areas. Each noise study shall be subject to review and approval of the Community Development Director and project design features needed to reduce outdoor noise exposure to acceptable levels shall be reflected in project development plans prior to approval of a building permit.

Where an individual project is proposed with in any portion of a Target Area that is not exposed to noise levels that exceed acceptable levels for the propos ed land use type as identified in the City of Salinas General Plan Economic Development Element Draft Noise and Vibration Assessment Salinas, California, a noise study is not required.

Party Responsible for Implementation: Individual Developers Party Responsible for Monitoring: City of Salinas
 Implementation Complete

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Monitoring Notes and Status:

_________________________________________________________________________________ N-2. Where the construction process for individual projects within the Target Areas include pile driving or other high vibration activities and th ose activities are planned within 200 feet of existing structures or below ground infrastructure, a qualified engineer shall be retained to prepare a site-specific vibration study. The study shall identify areas of potential vibration impact and measures to be implemented to reduce vibration impacts. Vibration impacts would be considered less than significant where vibration peak particle velocity is below the following standards: 1) 0.5 inches/second for structurally sound buildings designed to modern engineering standards; 2) 0.3 inches/second for buildings that are found to be structurally sound but where structural damage is a major concern; and 3) a conservative limit of 0.08 inches/second for ancient buildi ngs or buildings that are documented to be structurally weakened. The vibration study shall include the following components:
 Planned locations and description/char acterization of vibration compaction activities such as pile driving, assessment of the sensitivity of nearby structures to groundborne vibration, and vi bration limits for all vibration-sensitive structures located within 200 feet of the vibration source;
 A vibration monitoring and construction contingency plan to identify structures where monitoring would be conducted, a vibration monitoring schedule, and a process to conduct photo, elevation, and cr ack surveys to document before and after construction conditions;
 Measures to ensure that when vibration le vels approach limits, construction will be suspended and contingencies implemented to either lower vibration levels or secure the affected structures;
 A plan for making appropriate repairs or providing compensation where damage has occurred as a result of construction activities; and
 Where buildings within 200 feet of the vibration sources are inhabited, a public information program to notify affected neighbors of scheduled construction activities and their type and duration, and a construction schedule that assures that activities with the highest potential to produce perceptible vibration are conducted during hours with least potential to adversely affect nearby businesses and residents.

The vibration study shall be subject to review and approval by the Public Works Director prior to issuance of a demolition or building permit, whichever comes first.

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Party Responsible for Implementation: Individual Developers Party Responsible for Monitoring: City of Salinas
 Implementation Complete
Monitoring Notes and Status:
_________________________________________________________________________________ N-3. The City shall review applications for each future individual project within the Target Areas to determine whether the construction pe riod will exceed one ye ar. For all projects with a construction period exceeding one ye ar, each project applicant shall prepare a construction noise assessment. The constructi on noise assessment shall identify: 1) the types and noise intensities of construction equipment to be utilized; 2) the locations of noise-sensitive uses (e.g. residential, schools, etc.) and non-sensitive uses (e.g. commercial and industrial uses) that would be exposed to construction noise, the projected construction noise levels at these uses, and whether construction noise levels may exceed both 60 dBA Leq and ambient noise levels by at least 5 dBA Leq at noise-sensitive uses, or 70 dBA Leq and ambient noise levels by at le ast 5 dBA Leq at non-sensitive uses. Where either condition occurs, projec t applicants shall identify and implement construction noise reduction measures that ensure construction noise does not exceed these noise levels. The construction noise reduction measures shall include the measures listed below unless the construction noise assessment includes data wh ich demonstrates to the City that allowable construction noise levels can be met with fewer and/or substitute noise reduction measures. However, for all projects, the limits on construction hours and days as listed below shall apply.
• Restrict noise-generating ac tivities at construction sites or in areas adjacent to construction sites to the hours between 7: 00 a.m. and 7:00 p.m., Monday through Friday. Construction shall be prohibited on Saturdays, Sundays and holidays unless prior written approval is granted by the Public Works Director; • Construct temporary noise barriers, where feasible, to screen stationary noise- generating equipment to provide a minimum of 5 dBA noise reduction; • Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; • Prohibit unnecessary idling of internal combustion engines;

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• Locate stationary noise-generating equipm ent such as air compressors or portable power generators, as far as possible from se nsitive receptors as feasible. If they must be located near receptors, install adequate muffling/enclosures; • Utilize "quiet" air compressors and other stationary noise sources where possible; • Locate construction staging areas, material stockpiles, and maintenance/eq uipment and parking areas as far as feasible from residential receptors; • Route all construction traffic via designat ed truck routes wher e possible. Prohibit construction related heavy truck traffic in residential areas where feasible; and • Designate a "disturbance coordinator" re sponsible for responding to complaints about construction noise and for defining reasonable measures to correct complaint issues. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include in it a notice to be sent to adjacent property owners.

Party Responsible for Implementation: Individual Developers Party Responsible for Monitoring: City of Salinas

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 Implementation Complete
Monitoring Notes and Status:

_________________________________________________________________________________ TRANS-2. Required improvements to the segmen t of Russell Road between Van Buren Avenue and San Juan Grade Road are included in the City’s TFO (Project 12). The improvements identified in the TFO would assure that oper ations of the road segment are improved to LOS D or better. Prior to issuance of building permits for individual projects within the Target Areas, individual project developers sh all pay the City’s TFO fee in effect at the time that building permits are issued. Paym ent of the fee represents the fair-share contribution of the projects to mitigating their respective impacts on this road segment.

Party Responsible for Implementation: Individual Developers Party Responsible for Monitoring: City of Salinas
 Implementation Complete
Monitoring Notes and Status:

_________________________________________________________________________________ TRANS-3. Required improvements to the segmen t of Old Stage Road between Natividad Road and the Russell Road Extension are included in the City’s TFO (Project 8). The improvements identified in the TFO would assu re that operations of the road segment are improved to LOS D or better. Prior to issuance of building permits for individual projects within the Target Areas, indi vidual project developers shall pay the City’s TFO fee in effect at the time that building permits are issued. Payment of the fee represents the fair- share contribution of the projects to mitigat ing their respective impacts on this road segment.

Party Responsible for Implementation: Individual Developers Party Responsible for Monitoring: City of Salinas
 Implementation Complete

CITY OF SALINAS ECONOMIC DEVELOPMENT ELEMENT PROGRAM EIR

M ITIGATION MONITORING AND REPORTING PROGRAM

EMC PLANNING GROUP INC . 33
Monitoring Notes and Status:

_________________________________________________________________________________ TRANS-4. Required improvements to the segm ent of San Juan Grade Road between Boronda Road and Van Buren Avenue are included in the City’s TFO (Project 13). The improvements identified in the TFO would assu re that operations of the road segment are improved to LOS D or better. Prior to issuance of building permits for individual projects within the Target Areas, indi vidual project developers shall pay the City’s TFO fee in effect at the time that building permits are issued. Payment of the fee represents the fair- share contribution of the projects to mitigat ing their respective impacts on this road segment.

Party Responsible for Implementation: Individual Developers Party Responsible for Monitoring: City of Salinas
 Implementation Complete
Monitoring Notes and Status:

_________________________________________________________________________________ TRANS-5. The City will add the required improvements to the segment of E. Harris Road west o f A b b o t t S t r e e t t h a t i s c o n t r o l l e d b y t h e City to the City’s TF O. The improvements include widening the road from two to four 4 la nes. Right-of-way must be acquired for this purpose. The improvements would improve operations to LOS D. The TFO will be updated to include this improvement projec t prior to approval of any individual development proposed within any of the Target Areas. Prior to issuance of building permits for individual projects within the Target Areas, individual project developers shall pay the City’s TFO fee in effect at the time that building permits are issued. Payment of the fee represents the fair-share contribution of the projects to mitigating their respective impacts on this road segment.

Party Responsible for Implementation: Individual Developers Party Responsible for Monitoring: City of Salinas
 Implementation Complete

CITY OF SALINAS ECONOMIC DEVELOPMENT ELEMENT PROGRAM EIR

MITIGATION MONITORING AND REPORTING PROGRAM
34 EMC PLANNING GROUP INC .

Monitoring Notes and Status:

_________________________________________________________________________________ TRANS-6. The City will add the required impr ovements to the segmen t of Natividad Road between East Bernal Drive and East Laurel Drive to the City’s TFO. The improvements include widening the road from four to six la nes. Right-of-way must be acquired for this purpose. The improvements would improve operations to LOS D. The TFO will be updated to include this improvement projec t prior to approval of any individual development proposed within any of the Target Areas. Prior to issuance of building permits for individual projects within the Target Areas, individual project developers shall pay the City’s TFO fee in effect at the time that building permits are issued. Payment of the fee represents the fair-share contribution of the projects to mitigating their respective impacts on this road segment.

Party Responsible for Implementation: Individual Developers Party Responsible for Monitoring: City of Salinas
 Implementation Complete
Monitoring Notes and Status:

_________________________________________________________________________________ TRANS-7. The City will add the required improvements to the segment of West Laurel Drive between U.S. Highway 101 and Adams Street to the City’s TFO. The improvements include widening the road from four to six la nes in total. Right-of-way must be acquired for this purpose. The improvements would improve operations to LOS C. The TFO will be updated to include this improvement projec t prior to approval of any individual development proposed within any of the Target Areas. Payment of the TFO fee represents the fair-share contribution of the projects to mitigating their respective impacts on this road segment. Prior to issuance of building permits for individual projects within the Target Areas, individual project developers shall pay th e City’s TFO fee in effect at the time that building permits are issued. Payment of the fee represents the fair-share contribution of the projects to mitigating their respective impacts on this road segment.

Party Responsible for Implementation: Individual Developers Party Responsible for Monitoring: City of Salinas

CITY OF SALINAS ECONOMIC DEVELOPMENT ELEMENT PROGRAM EIR

MITIGATION MONITORING AND REPORTING PROGRAM
EMC PLANNING GROUP INC . 35
 Implementation Complete
Monitoring Notes and Status:
_________________________________________________________________________________ During Construction of Future Indi vidual Development Projects within the Target Areas
CR-5. If human remains are found during construction within the Target Areas, there shall be no further excavation or disturbance of the construction site or any nearby area reasonably suspected to overlie adjacent human remains until an archeological monitor and the coroner of Monterey County are contacted. If it is determined that the remains are Native American, the coroner shall contact the Nati ve American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.

CITY OF SALINAS ECONOMIC DEVELOPMENT ELEMENT PROGRAM EIR

MITIGATION MONITORING AND REPORTING PROGRAM
36 EMC PLANNING GROUP INC .

This side intentionally left blank.

Exhibit F

D Salinas Boundary
D Developmen t Areas
·ty Area K- -, Opportuni
t Reserve �
i - -
. Developmen / ECO n Om IC
--
Attachment 3
Northern Area - Economic Opportunity Area K

1 RESOLUTION NO. 21638 (N.C.S.)

RESOLUTION APPROVING AN ADDENDUM TO THE GREATER SALINAS AREA

MEMORANDUM OF UNDERSTANDING (GSA-MOU) BETWEEN THE CITY OF

NOW, THEREFORE, BE IT RESOLVED, that the Salinas City Council hereby:
a. Finds that proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines section 15378), and any subsequent discretionary projects resulting from implementation of the Addendum will be assessed for CEQA applicability.
b. Approves an Addendum to the Greater Salinas Area Memorandum of Understanding (GSA-MOU) between the City of Salinas and the County of Monterey to provide the framework for the coordination of certain plans and development projects within the DocuSign Envelope ID: 0CE4A61C-C7F8-4394-9FD4-96A3C14CF3D3 2 current boundaries of the City or its adopted Sphere of Influence, or within those areas identified in the City’s Economic Development Element as Economic Opportunity Areas until a comprehensive GSA-MOU update is complete. Said Addendum, with associated maps, is attached hereto and incorporate herein by reference.

PASSED AND APPROVED this 18th day of June 2019 by the following vote:

NOW, THEREFORE,
In mutual consideration of the terms and the conditions of this Addendum, the City and the County agree as follows:

TERMS
Article 1. City and County Coordination.

Section 1.1. Northern Area (Exhibit A).
(a) City’s Economic Development Element Opportunity Area K.

Section 1.2. South Boronda Area (Exhibit B).
(a) Community Plan Area.

Section 1.3. Farmworker Housing Projects.

Section 1.4. Mutual Support for Coordination of Development Process in the Northern Area and the South Boronda Area; Roles and Responsibilities. (a) Mutual Support.

1. j oint application processing if timing works for al l parties, or the provision of timing assurances and opportunity to review and comment on plans and applications if planning in tandem;

3. joint determination of appropriate level and process for compliance with California Environmental Quality Act (CEQA) including coordinating on or sharing in project mitigation requirements;

Article 2. General Conditions.

Section 2.1. General Compliance.

Section 2.2. Administrative Amendments.

Section 2.3. Term.

Section 2.4 Litigation.

Article 3. Personnel and Participant Conditions.

Section 3.1. Conduct.
(a) Hatch Act.

Article 4. Other Provisions.

Section 4.1. Entire Agreement.

Section 4.2. Notices.

Sec
tion 6.3. Conformance with Federal and State Law.

Sec
tion 6.4. Severability.

If any
term of this Addendum is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall continue in full force and effect.

Sec
tion 6.5. Headings and Captions.

Sectio
n 6.6. No Third-Party Beneficiaries.

There
are no intended third-party beneficiaries to this Addendum. 8 Section 6.7. Amendments.

This
Addendum may not be modified, supplemented, or amended unless in writing by the parties. Any modification, supplementation, amendment, or waiver must be signed by both parties.

Sec
tion 6.8. Costs and Expenses.

Sec
tion 6.9. Governing Law; Venue.

Section 6.10. Counterparts.

This A
ddendum may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.

Sec
tion 6.12. Non-Recourse Agreement.

IN WIT
NESS WHEREOF, the undersigned, as authorized representatives of the City and of the County, have entered into this Addendum as of the date first written above.

March XX, 2022

Bradley A. Sobel, President
The Sobel Company, Inc.
9454 Wilshire Boulevard
Suite 210
Beverly Hills, CA 90212

Re: Sanitary Sewer Can and Will Serve for APN 113-091-017-000

Dear Mr. Sobel:

The City of Salinas can and will provide sanitary sewer service for the proposed commercial project to be located on Harrison Road at Sala Road (APN 113-091-017-000). You will be responsible for installing sewer lines within the project and in Harrison Road up to and including connections to the sanitary sewer line at the intersection of Harrison Road and Russel Road in accordance with the Extraterritorial Wastewater Service Agreement dated March XX, 2022. All applicable development fees and "special sewer fees" will be assessed at the time building permits are issued in accordance with the City's fee schedule in effect at that time.

If you have any questions or comments, please call Adriana Robles, City Engineer at (831) 758-7194 or Javier Hernandez, Senior Engineer (831) 758-7474.

Sincerely,,

David Jacobs, PE, LS
Public Works Director

EXTRATERRITORIALWASTEWATER SERVICE AND REIMBURSEMENT

AGREEMENTS
BETWEEN CITY AND SALINAS 101 LLC
AND

PREANNEXATION AGREEMENT FOR PORTION OF EOA K

BETWEEN THE CITY OF SALINAS AND THE COUNTY OF MONTEREY Proposed Project
Location

Proposed Sala Road Project
• County will not deem application
complete without a wastewater
treatment plan
• Owner has requested a Will Serve
• Owner and city staff negotiated a final
draft Sewer Agreement that states the
terms and conditions by which the City
will grant a connection to its Disposal
System
Sewer Agreement – Terms and Conditions
Owner shall:
• Support future annexation
• obtain all permits and pay all fees to
construct New Sewer Line and private
connection
• pay a one-time development impact fee in
the amount of $64,600
• pay fees for Disposal System service
City shall:
• provide written “will serve” assurance
• ensure that Monterey One Water will accept
the wastewater and provide service
• process future annexation application(s) at
its sole expense
• not allow connection prior to pre-annexation
agreement with County in place
Owner shall:
 complete construction of New Sewer
Line
 provide evidence of Actual Costs
 have right to reimbursement of its
Actual Costs based on a wastewater
flow proration.

City shall:
 collect reimbursement from future users
 promptly pay Owner reimbursement
 provide Owner with annual
financial
accounting of reimbursement collected.

Reimbursement Agreement –Terms and Conditions
Proposed Annexation Area -
Portion of EDE EOA K

Purpose:
• acknowledge the foreseeable annexations
• reaffirm coordination of land use entitlement and CEQA compliance as agreed to in the GSA-MOU 2019 Addendum, and
• analyze the property tax and revenue sharing formulas between the City and the County.

Duration: Five (5) years from the Effective Date with the ability to extend an additional five (5) years upon mutual agreement.

Amendments: The City and the County may amend this Agreement by written amendment mutually executed by both Parties.

Pre-Annexation Agreement
Consideration of Annexation
 Subject to compliance with all laws and regulations, including the California Environmental Quality Act, the County acknowledges the contemplated annexation of land within the Annexation Area to the City.  The County agrees to cooperate in good faith with the City in the preparation of the annexation application materials to LAFCO for the land within the Annexation Area.

Development Standards
 Pre-annexation, proposed project to be processed and permitted according to County standards  Post-annexation, proposed projects to be processed and permitted according to City standards Revenue Sharing Formulas
 Sales, Transient Occupancy, Cannabis Tax Revenue – 100% to City post-annexation  Property Tax Revenue - Master Tax Agreement shall remain effective until revised. City and County will further discuss and analyze the Master Tax Agreement consistent with LAFCO laws and procedures and as provided in the GSA-MOU 2019 Addendum.

Pre-Annexation Agreement - Terms
 Execution of the proposed Agreements is not a project as defined by the California Environmental Quality Act (CEQA). Section 15061 (b) (3) of CEQA Guidelines and does not constitute project approval.
 The Effective Date of the Sewer Agreement is when appropriate County approvals and entitlements and CEQA documents are prepared, approved and a Notice of Determination is filed by the County Housing and Community Development Department.
 Provided the Sala Road Project is constructed, the City intends to apply to LAFCO to annex Target Area K and the Sala Road Project. Should the City proceed with an annexation application, it will be the lead agency for the application and associated CEQA compliance.

CEQA Consideration
Fiscal Impact
Sala Road Project
 Owner, at no cost to the City, is to construct New Sewer Line  Owner to pay City $64,600 fee for downstream infrastructure impacts  City may incur future capital expenditures and other maintenance costs associated with the New Line and Disposal System upgrades
Pre-annexation Agreement
 City would receive new revenue from generated by future development in the proposed annexation area Recommendation
 Approve a resolution authorizing the Mayor to execute a Sewer Agreement and associated Reimbursement Agreement (Agreements) with Salinas 101 LLC (Owner) to establish the terms and conditions under which the City would allow connection to its wastewater collection and disposal system.
 Approve a resolution authorizing the Mayor to execute a Pre-Annexation Agreement with the County of Monterey for portions of Economic Development Element Economic Opportunity Area K (EDE EOA K).

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-129, Version: 1
2021 General Plan Annual Progress Report and Visión Salinas 2040 Update Approve a Resolution accepting the 2021 General Plan Annual Progress Report and authorize submittal to California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR).

City of Salinas Printed on 3/16/2022Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: MARCH 22, 2022
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: MEGAN HUNTER, DIRECTOR
BY: JONATHAN MOORE, SENIOR PLANNER

THROUGH: LISA BRINTON, ASSISTANT DIRECTOR

TITLE: 2021 GENERAL PLAN ANNUAL PROGRESS REPORT AND
VISIÓN SALINAS 2040 UPDATE

RECOMMENDED MOTION:

A motion to approve a resolution accepting the 2021 General Plan Annual Progress Report (GP APR) and authoriz ing its submittal to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR).

RECOMMENDATION:

It is recommended that the City Council
1) Receive staff’s presentation on the GP APR and Visión Salinas 2040 update; and 2) Approve a resolution accepting the 2021 General Plan Annual Progress Report (GP APR) and authorizing its submittal to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR).

EXECUTIVE SUMMARY:

Since 2019, state government code mandates charter cities prepare a General Plan Annual Progress Report (GP APR). The GP APR informs City's legislative bodies and the public of the progress in meeting the community’s goals. This GP APR covers Salinas General Plan implementation activities during the calendar year 2021, including the status of Visión Salinas 2040, the General Plan Update (GPU). Since the last GPU Study Session in October 2021, Community Development completed two additional Land Use Workshops/Council Town Halls, hosted a Community Resource Fair at Sherwood Park, hosted a virtual Existing Conditions webinar, launched Working Groups, and released a Request for Proposals (RFP) seeking support for grassroots community engagement.

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BACKGROUND:

General Plan
Every city and county in California is required to have a General Plan which guides the community’s future development. The General Plan “is a vision about how a community will grow, reflecting community priorities and values while shaping the future” (Governor’s Office of Planning and Research). Visión Salinas 2040 is the first comprehensive update to the City of Salinas’ General Plan since 2002. This project is the opportunity to respond to new challenges and changes in state law, and will also include a new Environmental Justice Element, the City’s first Climate Action Plan, and an update of the Zoning Code. Visión Salinas 2040 is the rebranding of the original Visión Salinas, which was initiated in 2017 to coordinate public outreach and planning efforts in Salinas and to develop Guiding Principles for the General Plan Update (GPU). The City is targeting December 2023 for GPU adoption to align with State deadlines for Housing Element updates.

The General Plan is now required to have eight mandatory elemen ts: Land Use, Circulation, Housing, Conservation, Noise, Open Space, Safety and Environmental Justice. The City of Salinas also has two optional elements: Community Design and Economic Development. In 2021, the Steering Committee established three pillars as a proposed way of grouping General Plan Elements in a more relatable manner: the Built Environment, Natural Systems and Resources, and Socioeconomic Systems. For details on what topics may fall under each pillar, please see Attachment 2, Proposed General Plan Organization.

General Plan Annual Progress Report Requirements

Under California Government Code Section 65400, staff is required to prepare a General Plan Annual Progress Report (GP APR) for review by the City Council and submittal to the Governor’s Office of Planning and Research (OPR) and Department of Housing and Community Development (HCD) by April 1st of each year. Failure to submit the report within sixty (60) days of the deadline would make the City ineligible for certain State grant programs.

There is no standardized form or format for the preparation of the General Plan APR. The GP APR is to provide enough information for decision makers to assess how the General Plan was implemented during the reporting period and should provide enough information to identify necessary "course adjustments" or modifications to the General Plan and means to improve local implementation. The GP APR is not required to incorporate all General Plan Elements. OPR Guidance received in January 2022 is provided as Attachment 3 to this report.

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DISCUSSION:

2021 General Plan Annual Progress Report

The 2021 GP APR (Attachment 4) contains two sections. Section 1 provides an introduction and summary for the GP APR, gives a background of our existing General Plan and a synopsis of key legislation since its adoption. It also gives a summary of the GPU and coordination with regional planning efforts. Section 2 describes projects occurring during the 2021 calendar year that implemented current General Plan goals and policies . Below is a list of some of the GP APR implementation highlights. Each item is described in more detail in the re port and linked to the General Plan goal/policy it implements.

 Approval of rezoning and entitlement for the Carr Lake Park project.  Approval of relocation of the Transfer Station to Madison Lane.  Securing over $16 million for improvements to Closter Park and a new Hebbron Family Center.
 Construction of the Downtown Complete Streets and Main Street Streetscape projects.  Acceptance of the Vision Zero Action Plan to address corridor safety.  Collaboration with Monterey County, Monterey -Salinas Transit (MST), and the Association of Monterey Bay Area Governments (AMBAG) on regional planning efforts.  Approval of agreements with Underline Monterey, LLC for construction/operation of an open-access fiber network.
 Launch of AMOR Salinas campaign.
 Provision of pandemic support and technical assistance to over 500 businesses.

Staff also presented the Draft GP APR to the Visión Salinas 2040 Steering Committee on February 23 and to the Planning Commission on March 2 . No public comment was received on the draft document at these meetings. Neither body recommended changes to the Draft GP APR prior to submittal. Planning Commission had questions/comments on future community engagement and building trust and transparency with the General Plan Update. No formal action was required from the Planning Commission, but there was an informal recommendation for Council to authorize the Draft GP APR for submittal.

Visión Salinas 2040 Update

Since the October Study Session, the City completed two additional Land Use Workshops.

Workshop comments from all seven (7) events are summarized in Attachment 5 and are guiding the development of place-based land use designations and map changes. The City also hosted the Visión Salinas 20 40 Community Resource Fair at Sherwood Park in October 2021. Over 250 people and 30 local organizations attended this outdoor event.

General Plan Existing Conditions Webinar

On January 20, the City held the General Plan Working Group Kick-Off and Existing Conditions webinar, which over 90 people attended. Presentation slides are available as Attachment 6 and a Page | 4
video recording of the meeting is on the City’s YouTube channel. Staff will incorporate what was shared and additional information into a full Existing Conditions Report. The Existing Conditions presentation and eventual Existing Conditions Report serve two main purposes:

1. Inform community discussions and dialogue, particularly in the Working Groups

2. Provide the technical basis for policy in the General Plan

The Existing Conditions Report will be organized similarly to the presentation, with chapters on demographics and each of the three General Plan pillars. Key information from each s ection is highlighted below.

The People of Salinas
 Salinas grew at a fast rate in the last century, going from 4,300 residents in 1920 to over 163,000 in 2020.
 Salinas’ population is still growing and is forecasted to be over 175,000 by 2040.  According to the 2019 American Community Survey, 77% of the population identified as Hispanic or Latino, and Salinas’ median age was below that of Monterey County and the state.

The Built Environment
 Nearly half (46%) of our land is designated for housing in the General Plan Land Use Map.

Only three percent (3%) is designated for mixed-use development.  Over 43% of Salinas renters and over 30% of homeowners spend more than 30% of their income on housing.
 Only 3.7% of Salinas’ of units vacant, including rental and ownership properties.  Over 330 people were killed or severely injured in traffic crashes in Salinas from 2009 - 2018.

Natural Systems and Resources
 Climate change is threatening our community through more extreme heat and longer droughts that increase fire risks, disrupt power service, and provide additional threats to vulnerable residents and our critical agricultural industry.  Greenhouse gas emissions drive climate change, and in Salinas, most (65%) of these come from our transportation sector, with residential and nonresidential energy as the next largest contributors.
 Salinas is at the heart of Monterey County’s $8 billion agriculture industry, but since the 1988 General Plan has re-designated agricultural land inside city limits as a different future use. Examining Salinas’ future in the industry is a critical part of this General Plan Update.

Socioeconomic Systems
 With over 17,000 active business licenses, Salinas is home to not only large agricultural companies, but thousands of small businesses and entrepreneurs.  Healthcare and construction are projected as the fastest growing industries in Salinas from 2020-2040.

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 Salinas’ arts and culture is one of the community’s greatest strengths. There are over 18 murals in Salinas, and a strong desire for more programming and space for the arts as demonstrated in multiple community plans.

Community Engagement/Working Groups

The next step for community engagement in 2022 is the establishment of Working Groups.

Organized around plan pillars and topics, these groups will include residents and community stakeholders, as well as staff and technical advisors. Similar to recent com munity plans like the Alisal Vibrancy Plan, Working Groups will help generate the heart of plan content. Initially, these groups will be based around the General Plan pillars, but as content generation evolves, it is anticipated that members of these three Working Groups may split into more concentrated topics, such as Housing, Climate Action, Economic Development, etc. The first phase of Working Group engagement started in February 2022 and is anticipated to run through June 2022. Also in February, the Cit y released a RFP seeking non -profit/community-based organization support in grassroots engagement. This would include promotion of the Working Groups and other opportunities, as well as direct engagement with underserved/underrepresented members of our community, and stipends for resident-ambassadors for the General Plan Update.

DEPARTMENT COORDINATION:

Although the development of this report was led by Community Development, it is expected that all departments, the City Council and Commissions will be involved in the General Plan Update.

The Update will also require significant coordination with regional agencies, including but not limited to, the County of Monterey, Monterey -Salinas Transit, the Transportation Agency for Monterey County, and the Association of Monterey Bay Area Governments.

CEQA CONSIDERATION:

The proposed action of accepting the GP APR and the administrative report on the GPU are not a project as defined by the California Environmental Quality Act (CEQA) per Guidelines Secti on 15378. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability. An Environmental Impact Report will be prepared for the updated General Plan.

STRATEGIC PLAN INITIATIVE:

The new City Council Strategic Plan for 2022 -2025 was approved on March 28, 2022. Given that the General Plan acts as the City’s guiding document for future growth and development, it will touch upon all six goals of the strategic plan. However, the development of the General Plan is specifically identified as a strategy under Effective and Culturally Responsive Government. In addition, the Climate Action Plan, which is part of this process is listed as a strategy under the goal of Infrastructure and Environmental Sustainability.

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FISCAL AND SUSTAINABILITY IMPACT:

This report has no direct fiscal impact. However, it is anticipated that the three-year General Plan process will cost approximately $3.5 million including staffing . A General Plan/Zoning Maintenance Fee was established in 2015 and has surpassed the original estimate of generating between $150,000 to $200,000 annually. The City currently has appropriated almost $1.89 million for this effort in the CIP budget, plus an a dditional $881,000 generated by the General Plan Maintenance Fee that could be encumbered for this effort. The LEAP and REAP entitlement grants received total $855,000 and combined with the Sustainable Agricultural Land Conservation (SALC) grant of $250,000 brings total GPU funding to over $3.8 million.

ATTACHMENTS:

1) Resolution accepting the 2021 General Plan Annual Progress Report 2) Proposed General Plan Organization
3) General Plan Annual Progress Report Guidance for 2021 4) Draft 2021 City of Salinas General Plan APR
5) Land Use Workshop Comments and Feedback Map
6) Existing Conditions Presentation (January 2022)

SALINAS CITY COUNCIL
RESOLUTION NO. 2022 - ______

RESOLUTION APPROVING THE 2021 GENERAL PLAN ANNUAL PROGRESS

REPORT AND AUTHORIZING ITS SUBMITTAL TO THE STATE OF CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND THE GOVERNOR’S OFFICE OF PLANNING AND RESEARCH

WHEREAS, the City of Salinas (City) adopted the Salinas General Plan in 2002; and

WHEREAS, as of 2019, Section 65400 of the California Government Code requires the City to file an annual report addressing the status of the General Plan progress made toward implementing its goals and policies; and

WHEREAS, a General Plan Annual Progress Report for 2021 (GP APR) was prepared and must be submitted to the Department of Housing and Community Developm ent (HCD) and the Governor’s Office of Planning and Research (OPR) by April 1, 2021; and

WHEREAS, on March 3, 202 2, the Planning Commission received and had the opportunity to comment on the Draft GP APR and recommended no changes prior to submittal ; and

WHEREAS, on March 22, 2022, the City Council held a public meeting to review the 2021 General Plan Annual Progress Report and confirm that the 2021 General Plan Annual Progress Report accurately reflects the City’s progress in implementing the goals and policies of the 2002 General Plan; and

WHEREAS, the acceptance of the General Plan Annual Progress Report is not a project as defined by CEQA Guidelines Section 15378 and, therefore, no environmental assessment is required; and

NOW, THEREFORE, BE IT RESOLVED BY THE SALINAS CITY COUNCIL that the 2021 General Plan Annual Progress Report accurately reflects the City’s progress in implementing the 2002 Salinas General Plan; and

BE IT FURTHER RESOLVED that the Salinas City Council accepts the General Plan 2021 Annual Progress Repo rt and directs staff to submit the subject document to the State of California Department of Housing and Community Development and the Governor’s Office of Research as required by statute.

PASSED AND APPROVED this 22nd day of March 2021, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

1 COMMUNITY VISION &

INTRODUCTION
2 COMMUNITY PROFILE &

COMMUNITY ENGAGEMENT
3 THE BUILT ENVIRONMENT PILLAR
Land Use and Community Design Element
Housing Element
Circulation Element
Noise Element
4 THE NATURAL SYSTEMS PILLAR
Conservation and Open Space Element
Natural resource protection
Water supply and waterway protection
Outdoor recreation
Environmental Safety Element
Climate Adaptation and Resiliency
Wildfire, and seismic hazard mitigation
5 SOCIOECONOMIC PILLAR
Economic Development Element
Health and Environmental Justice Element
Public Safety Element
Arts, Culture and Youth Element
6 IMPLEMENTATION

S T A T E OF C A L I F O R N I A

Governor’s Office of Planning and Research
State Clearinghouse and Planning Unit

1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 TEL 1-916-445-0613 [email protected] www.opr.ca.gov Gavin Newsom
Governor
Sam Assefa
Director

January 20, 2022

To: All California Cities and Counties

From: Brianne Masukawa, Associate Planner
Governor's Office of Planning and Research

RE: General Plan Annual Progress Report Guidance

The Governor’s Office of Planning and Research (OPR) has updated the General Plan Annual Progress Report (APR) Guidance for 2022. This year OPR will begin accepting General Plan APRs through an online submission form in addition to email. The General Plan APR Submission form link and instructions will be available alongside our guidance document on OPR’s website at opr.ca.gov/planning/general-plan/ .

If you have any questions, please contact Brianne Masukawa, Associate Planner, at [email protected] or [email protected]
.

ANNUAL PROGRESS REPORTS (APRs)

Government Code Section 65400 and 65700 mandates that all cities and counties submit an annual report on the status of the General Plan and progress in its implementation to their legislative bodies, the Governor's Office of Planning and Research (OPR), and the Housing and Community Development (HCD) by April 1 of each year. The guidance that follows is intended to assist local governments with the development of the General Plan Annual Progress Report (APR) and is not intended to be construed as legal advice. This guidance is intentionally general to allow maximum flexibility in the form and content of General Plan APRs, which may need to vary based on individual circumstances, resources, and constraints. Please also note that although OPR provides this guidance, HCD provides separate guidance for the Housing Element APR (HE APR) and specifically certifies the compliance of a local agency’s housing element (see HE APR section below).

PURPOSE OF THE APR

The APR provides local legislative bodies and the public with information regarding the implementation of the General Plan for their city or county. APRs also inform the public of the progress in meeting the community’s goals. Accordingly, local agencies should make a diligent effort to engage the public when preparing their APRs. It is important for local governments, their legislators, and legislative bodies to engage stakeholders and the public in sharing APRs and in making adjustments necessary to reach local planning goals.

APRs must be presented to the local legislative body for its review and acceptance, usually as a consent or discussion item on a regular meeting agenda. Therefore, the APR should provide enough information for decision-makers to assess how the General Plan was implemented during the 12-month reporting period, either calendar year or fiscal year. More specifically, APRs should explain how land use decisions relate to adopted goals, policies, and implementation measures of the General Plan. The APRs should provide enough information to identify necessary "course adjustments" or modifications to the General Plan and means to improve local implementation.

HOUSING ELEMENT APR

State law requires that all General Plans include a Housing Element that provides a plan for accommodating future housing production needs. State law further requires that all cities and counties create an APR that describes that community’s progress toward implementing their Housing Element. The Housing Element APR must be delivered to OPR and HCD by April 1 of each year and must cover the previous calendar year

1. Effective 2019, all jurisdictions, including charter cities must submit a General Plan APR and Housing Element APR. Updated instructions and standardized forms for submitting

1 The General Plan APR 12 month reporting period can be either a fiscal or calendar year, but the Housing Element APR 12 month reporting period must be a calendar year. the HE APR can be found at the following HCD website:
(https://w
ww.hcd.ca.gov/community-development/annual-progress-reports.shtml).

The Housing Element APR fulfills statutory requirements to report certain housing information, including: the local agency's progress in meeting its share of regional housing needs (i.e., applications, entitlements, permits, and certificates of occupancy), certain rezoning activities, actions taken towards completion of housing element programs, and local efforts to remove governmental constraints to the development of housing (Government Codes Sections 65584.3(c) and 65584.5(b)(5)). California’s housing element law acknowledges that in order for the private market to adequately address the state’s housing needs, local governments must adopt plans and regulatory systems that provide opportunities for, and do not unduly constrain, housing development. As a result, housing policy rests largely on the effective implementation of local general plans and housing elements.

HOW THE STATE USES THE GENERAL PLAN APR and HOUSING

ELEMENT APR

The General Plan APR allows OPR to identify statewide trends in land use decision- making and how local planning and development activities relate to statewide planning goals and policies. APRs may also inform future modifications to OPR’s General Plan Guidelines. In addition, OPR can track progress on a local jurisdiction's comprehensive General Plan update using the information provided in the APR. Similarly, the HE APR allows HCD to track the progress of the implementation of a jurisdiction’s Housing Element and requires its submission as a threshold requirement for several State housing funding programs.

FORMAT GUIDANCE FOR THE GENERAL PLAN and HOUSING ELEMENT APR

There is no standardized form or format for the preparation of the General Plan APR. The following recommendations serve as guidance in developing an APR that is useful to your specific jurisdiction. The APR prepared for your city or county is not required to incorporate all of the elements suggested and need not be an elaborate and time- consuming task. Instead, the APR may make use of available sources of information that may contain information pertinent to General Plan annual reporting such as: “annual reports,” “performance reports,” “budget reports,” or “state of the city/county reports.” OPR encourages jurisdictions to include these types of reports or portions thereof in the APR so long as they specifically address the implementation of the General Plan. This approach enables General Plan implementation to be discussed in the broader context of the jurisdiction's overall programs and activities, including redevelopment, economic development, and other topics.

Reporting on planning activities related to the General Plan is required even when a city or county may be undertaking a General Plan comprehensive update. Therefore, the status of these activities should still be reported to local legislative bodies and to both OPR and HCD.

General Contents

Each jurisdiction should determine what locally relevant issues are important to include in the General Plan APR. The following are suggested contents for the report:

1. Introduction.

2. Table of Contents.

3. Date of presentation/acceptance by the local legislative body (agenda item or resolution).

4. The date of the last update to the General Plan

2. 5. Measures associated with the implementation of the general plan with specific reference to an individual element.

6. Housing Element APR reporting requirements – Each jurisdiction is required to report certain housing information in accordance with state housing law (refer to Government Code Sections 65400, 65583, and 65584) and HCD's housing element guidelines (see
https://www.hcd.ca.gov/community-
development/annual-progress-reports.shtml or email [email protected] for more information).

7. The degree to which the General Plan complies with OPR’s General Plan Guidelines, including environmental justice considerations, collaborative planning with military lands and facilities, and consultation with Native American tribes.

8. Priorities for land use decision-making that have been established by the local legislative body (e.g., the passage of moratoria or emergency ordinances).

9. Goals, policies, objectives, standards, or other plan proposals that need to be added or were deleted, amended or otherwise adjusted.

10. One or more lists of the following, including reference to the specific general plan
element or policy, status (i.e., approved/denied, initiated/ongoing/completed, etc.), and a brief comment on how each advanced the implementation of the General Plan during the past year:

2 According to Government Code Section 65040.5(a) and (b), OPR is tasked with notifying a city or county if a general plan has not been revised within eight years and will notify the Attorney General if a general plan has not been revised within ten years.
a. Planning activities initiated – These may include but are not limited to, master plans, specific plans, master environmental assessments, annexation studies, and other studies or plans.

b. General Plan amendments3 – These may include agency-driven as well as applicant-driven amendments.

c. Major development applications processed

Additional Content

The following are additional suggestions to make the APR a more comprehensive tool for illustrating planning and development activities within the jurisdiction. Some jurisdictions may not have the resources to address them annually. However, they are mentioned here as examples of how some jurisdictions have effectively incorporated other types of information into their APRs. Cities and counties may incorporate this information into their APRs, where available and as deemed appropriate.

1. Review of:

a. Interagency or intergovernmental coordination efforts and identify areas for improvement. This may include participation in a regional blueprint or partnerships with State or Federal programs.

b. The implementation of mitigation measures from the General Plan Final Environmental Impact Report or Negative Declaration.

c. Equity planning considerations of the General Plan, such as impacts on particular ethnic or socioeconomic population groups (i.e., environmental justice issues).

2. Summarize efforts to:

a. Promote infill development, reuse, and redevelopment particularly in underserved areas while preserving cultural and historic resources.

b. Protect environmental and agricultural resources and other natural resources.

c. Encourage efficient development patterns.

3 Except as provided in Government Code Sections 65358(c) and (d), no mandatory element of the General Plan may be amended more than four times during a calendar year.

3. Describe the jurisdiction's strategy for:

a. Economic development – Depending on the needs of your jurisdiction, this analysis could include information on the ratio of jobs to dwelling units, tax revenues, demographics, census information, etc.

b. Monitoring long-term growth – For example: population growth, employment growth, land use development, and the provision of adequate supporting public services and infrastructure.

4. Other actions:

a. Outline department goals, objectives, activities, and responsibilities, as they relate to land use planning.

b. Perform a regional or sub-regional outlook of population growth, housing, job generation, and other socioeconomic trends.

c. Summarize the comments of other boards and commissions on the general plan implementation.

d. Identify and monitor customer service improvements and methods to encourage public involvement in planning activities.

e. Review and summarize grant administration for land use planning activities.

f. Provide a technology review such as the implementation of Geographic Information Systems (GIS) or the establishment of websites.

INSTRUCTIONS FOR SUBMITTING DOCUMENTS
Jurisdictions must submit a General Plan and Housing Element APR to both OPR and HCD by April 1st of each year.

Submitting the General Plan APR

To OPR: OPR does not accept mailed-in APRs. OPR will only accept General Plan APRs by ONE of the following methods:

1. Option 1: General Plan APR Submission Form (Link here) - This online form is OPR’s preferred method for submitting General Plan APRs in 2022. Please click the link provided and follow the prompts. Additional guidance on how to complete the form is available on OPR’s general plan page at opr.ca.gov/planning/general-plan/.

Those completing the form will find questions asking for the following:

1. Appropriate contact information (name, department, email, phone number)

2. Jurisdiction type (city, county, city/county)

3. Name of Jurisdiction (city name, county name)

4. Reporting period type of General Plan APR being submitted (fiscal or calendar)

5. Reporting period of General Plan APR being submitted

6. Date of presentation or acceptance by a local legislative body. Planned dates are acceptable as well.

OPR recommends completing the brief form in its entirety to reduce time and resources spent on APR preparation. Agencies that do not complete the form and opt for an email submission are recommended to prepare and attach a cover letter that clearly provides these details.

The General Plan APR should be in Microsoft Word (doc, docx) or PDF format, and submitted as one file. Please note, agencies should also be cognizant of the 16 MB file size limit.

If you are unable to upload the General Plan APR, OPR will accept hyperlinks. Please note, OPR is unable to accept Google doc hyperlinks.

Agencies that complete the online form will see a confirmation message at the end.

Please take a screenshot of this message for your own records.

2. Option 2: Email – OPR will continue to accept APRs emailed to [email protected].

If an agency decides to email their APR, OPR encourages attaching a cover letter that includes the following:

1. Appropriate contact information (name, department, email, phone number)

2. Jurisdiction type (city, county, city/county)

3. Name of Jurisdiction (city name, county name)

4. Reporting period type of General Plan APR being submitted (fiscal or calendar)

5. Reporting period of General Plan APR being submitted

6. Date of presentation or acceptance by a local legislative body. Planned dates are acceptable as well.

The General Plan APR should be in Microsoft Word (doc, docx) or PDF format, and submitted as one file. Please note, agencies should also be cognizant of the file size.

If you are unable to attach the General Plan APR, OPR will accept hyperlinks. Please note, OPR is unable to accept Google doc hyperlinks.

For emailed General Plan APRs, confirmation emails will be sent within two weeks of submission.

To HCD: A copy of the APR should also be submitted through the HCD APR online portal. To use the online system, email [email protected]
and request login information for
your jurisdiction. It can also be submitted electronically as an attachment in an MS Office application or PDF to [email protected].

Submitting the Housing Element APR

To HCD: The HCD prefers submittal of the HE APR via an Excel workbook through its online portal system. You can also submit the HE APR via email to [email protected] as
an Excel workbook attachment, do not send a scanned or PDF version of the form via the portal or email.

To OPR: Agencies should submit a copy of the HE APR to OPR in the same format as submitted to HCD. Agencies may submit by email at [email protected] . For emailed
HE APR, confirmation emails will be sent within two weeks of submission.

Please note, submitting the HE APR to HCD will count as submission to both agencies.

OPR does not certify the accuracy of the submission of the HE APR to HCD or OPR.

PUBLIC INPUT

OPR welcomes suggestions for how to make this guidance more meaningful and useful to local planning agencies. Please contact Brianne Masukawa, Associate Planner, by email at [email protected] or [email protected] to make suggestions on
improving the General Plan Annual Progress Report guidelines or if you have any questions regarding the submission process.
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2021 Draft City of Salinas General Plan Annual Progress Report

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Table of Contents

1. Introduction
• Purpose and Summary
• General Plan Background
• Visión Salinas 2040 General Plan Update
i. Including coordination with partner agencies

2. Status of General Plan Implementation Efforts

1. Introduction
Purpose and Summary
California Government Code 65400 requires cities and counties to submit an Annual Progress Report (APR) on the status of the General Plan and implementation progress to their legislative bodies, the State Office of Planning and Research (OPR), and the Department of Housing and Community Development (HCD) by April 1 of each year. Because of the start of the COVID- 19 pandemic in the United States in March of 2020, the City’s first APR was submitted in 2021 and covered the calendars years of 2019 and 2020.

Despite the ongoing pandemic, the City made significant accomplishments related to General Plan implementation in 2021. The City rezoned six of its surface parking lots in the City Center through a SB-2 Planning Grant, opening up new possibilities for housing and mixed-use development downtown. Construction was also completed on the Downtown Complete Streets and Main Street streetscaping projects, adding new bike lanes, pedestrian safety improvements, and modern landscaping. A new sidewalk was added to Laurel Drive, connecting underserved residents in the Alisal/East Salinas with hospital and recreation destinations. The City also accepted a Vision Zero action plan for a safer overall transportation network. A new park was approved for the center of the city in the Carr Lake Basin, and the City secured $16 million dollars to rebuild Hebbron Family Center and improve existing park infrastructure. These accomplishments and more are detailed in Section 2. Status of General Plan Implementation Efforts below. In most cases, these projects and policy initiatives not only implement the General Plan, but also more recent community plans, like the Downtown Vibrancy Plan, Alisal Vibrancy Plan, Chinatown Revitalization Plan, and Parks, Rec & Libraries Masterplan. Together, these all form the foundation for the update of the General Plan, launched in 2021.

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General Plan Background
The City’s existing General Plan was adopted in 2002 and contains eight (8) Elements: Land Use, Community Design, Housing (updated in 2015), Conservation/Open Space , Circulation, Safety, Noise, and Economic Development (adopted in 2017). In several ways this General Plan was ahead of its time, with a vision that called for a compact city form, high quality mixed -use and infill development, and preservation of agricultural land. Still, much has changed in Salinas since the Plan was initiated in 1998. Salinas is acutely impacted by the statewide housing crisis and its population is projected to continue to grow for several decades. New state laws have also significantly altered the planning landscape . These legislative changes are focused primarily on increasing housing production and addressing climate change through reducing greenhouse gas emissions and developing adaptation measures. Several of the most important recent changes that the General Plan should consider or will have to directly address are summarized below:
• AB 32 (2006) – the Global Warming Solutions Act of 2006 required the California Air Resources Board (CARB) to develop a Scoping Plan to reduce greenhouse gas emissions (GHG) to 1990 levels by 2020. Subsequent Scoping Plans have added reduction targets of 40 percent from 1990 levels by 2030 and 80 percent below 1990 levels by 2050. • SB 743 (2013) – removes automobile delay and congestion (level of service) as basis for determining significant transportation impacts under the California Environmental Quality Act (CEQA). • SB 379 (2015) – requires general plan safety elements to include a climate change vulnerability assessment and address adaptation.
• SB 1000 (2016) – requires the creation of an environmental justice element to reduce the unique or compounded health risks in disadvantaged communities.
• AB 686 (2018) – requires jurisdictions to affirmatively further fair housing and adds new requirements for Housing Elements. • SB 330 (2019) – the Housing Crisis Act created procedural protections for large housing developments, including limiting certain fee increases, the number of hearings that can be held, and downzoning. • AB 68 (2019) – this bill allows for an Accessory Dwelling Units (ADUs) and junior ADUs where certain criteria are met, prohibits minimum lot sizes for an ADU, and identifies opportunities for ADUs in multifamily buildings where building standards are met.
• AB 671 (2019) – requires local governments to include plans to incentivize and promote affordable ADUs in their housing elements.
• SB 6 (2019) – requires local governments preparing a housing element on or after January 1, 2021, to submit an inventory of land suitable for residential development.
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• SB 9 (2021) – Allows for two-four housing units where one was allowed before and waives discretionary review and public hearings for these developments. A proposed project cannot result in the demolition or alteration of a building that currently has a tenant or has had a tenant in the last three years.

Through the General Plan Update the City can address these and other legislative changes and chart a resilient vision for housing the entire community, creating a sustainable future, and equitable recovery from the pandemic and resulting economic downturn.

Visión Salinas 2040 General Plan Update

The City launched public engagement for the General Plan Update, Visión Salinas 2040, which will also include a new Environmental Justice Element and the City’s first Climate Action Plan, in the summer of 2021 . The City established a Technical Advisory Committee for community engagement, and a resident and stakeholder Steering Committee to guide the Update, held seven Land Use Workshops/Townhalls (one in each City Council District and one by the Mayor), and hosted a Community Resource Fair which involved dozens of local organizations. The City also relaunched its General Plan website, visionsalinas.org, with new digital engagement tools.

Coordination with Regional Planning Efforts
In addition to launching Visión Salinas 2040 , in 2021 the City worked closely with partner organizations on starting multiple regional planning efforts, each set for adoption consideration in 2022, including:
• Monterey-Salinas Transit’s (MST) network re -design. City staff attended stakeholder charrettes and worked with MST to increase service frequency on key lines and set the stage for future bus rapid transit opportunities along primary commercial corridors.
• 2045 Metropolitan Transportation Plan & the Sustainable Communities Strategy. The City provided land use direction, updated project lists, and overall document comments to the Association of Monterey Bay Area Governments (AMBAG). • Draft 6th Cycle Regional Housing Needs Allocation (RHNA) Methodology. The City also worked closely with AMBAG and housing partners on the draft Methodology, advocating for equity and Further Affirming Fair Housing as core component. • Multi-Jurisdictional Hazard Mitigation Plan (MJHMP). The Fire Department led coordination with the Monterey County Office of Emergency Services (OES) on the MJHMP update, which also included Administration, Public Works, and Community Development. This update includes vulnerability analysis for climate change hazards, new Salinas -specific climate problem statements and climate adaptation actions.
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2. Status of General Plan Implementation Efforts
2021
Element Projects and Accomplishments Implemented Goals/Polices Land Use

• General Plan and Zoning Code Amendments:
o Rezoned six City-owned parking lots downtown to mixed-use to allow for the production of up to 500 dwelling units and 125,000 square feet of commercial space.
o Rezoned a 73-acre portion of Carr Lake (located in the center of Salinas) from Agriculture to Park to allow for the creation of a six-acre neighborhood park and 67-acre habitat restoration area with trails.

Amended the Circulation Element to modify planned future road extensions to allow for park construction as designed. The project will also help improve the Carr Lake Basin’s natural hydrological functions

Goal-LU-1: Develop a balanced
land use pattern that provides
a wide range of jobs, housing,
shopping, services, and
recreation.

Policy-LU-8.4: Continue the use
of Carr Lake as a
reclamation/flood control
facility in addition to its other
functions in addressing water
quality, enhancing
traffic/circulation, and creating
recreational opportunities.

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2021
Element Projects and Accomplishments Implemented Goals/Polices Land Use

• Conducted seven Land Use Workshops in the summer and fall of 2021. Common themes that emerged from the meetings included the desire for more housing and mixed-use development, as well as welcoming signage for the city and districts that represent the community’s pride.

• Entered a new Franchise Agreement with Republic Services which includes the relocation of the Sun Street Transfer Station to Madison Lane outside the city.

The final move of the Transfer Station is expected in May 2022. This removes a waste facility from the center of the city and opens the Alisal Marketplace area for redevelopment opportunities connecting the downtown with the Alisal neighborhoods.

Policy-LU-1.2: Provide a plan
for land uses that includes the
capacity to accommodate
growth projected for 2020 and
beyond.

• Started a Sanitary Sewer Masterplan update.
• Started a $3.6 million replacement of a sewer main in the Chinatown neighborhood. This main connects to the Lake Street pump station with serves the east and northeast sides of Salinas. Pipe replacement is complete with full pavement restoration coming in Spring 2022.

Goal-LU-7: Provide sewer
service and maintain sewer
facilities to meet community
need for sewer collection and
treatment.

Policy-LU-7.1: Provide a sewer
system that meets the needs of
the community for sewer
collection and treatment and
work with MRWPCA for sewer
treatment needs.

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2021
Element Projects and Accomplishments Implemented Goals/Polices

Land Use
• Police Department obtained a command vehicle that enables detectives to quickly respond to internet crimes affecting children.

• Implemented a drone program to increase efficiency in response to crimes in progress and/or armed individuals, as well as increasing safety of officers and SWAT operators by obtaining real time data without exposure.

• Operation Blackhawk completion in September took thousands of drugs off Salinas streets through a partnership with Homeland Security Investigations Monterey Office.

Goal-LU-5: Provide effective
and responsive police
protection.

Housing See 2021 Housing Element Annual Progress Report Conservation/
Open Space

• The California Department of Parks and Recreation Office of Grants and Local Services (OGALS) has selected the City of Salinas Closter Park Improvements application for funding. The grant award is for $6.8 Million Dollars and will fund a comprehensive renovation of Closter Park.

• Through collaboration with Assemblymember Rivas, the City received $8.1 Million in State Funds to rebuild the Hebbron Family Center.  This facility hosts more than 100 programs per month and provides critical services to the neighb orhood.

Having a new, state of the art recreation center will transform the Hebbron neighborhood and ensure youth and families can thrive for many years to come.

• Invested in park maintenance by hiring four new full -time employees including a Crew Superv isor, Senior Park Maintenance Worker and (2) Park Maintenance Workers.  This represents a 50% increase in the authorized workforce and will improve the overall maintenance function.

Goal-COS-7: Provide, develop,
and maintain ample park and
recreational facilities that offer
a variety of recreational
activities.

Policy- COS-7.8: While
supporting the development of
private recreational facilities,
ensure that the supply and
maintenance of public parks
and recreational opportunities
is adequate to ensure
permanent availability of parks
and recreational facilities for
use by the entire community.

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2021
Element Projects and Accomplishments Implemented Goals/Polices Conservation/
Open Space

• The Big Sur Land Trust also received $8.5 million through OGALS and Proposition 68 funding for construction of the Carr Lake park.

Policy- COS-7.2: Maximize the
use of built and natural
features to develop a citywide
network of parks and open
spaces with Carr Lake, Gabilan
Creek, and the Sherwood
Park/Rodeo Grounds complex
as essential elements of the
open space network.

Circulation

• Adopted a Vision Zero Action Plan to build safer streets. Vision Zero recommendations will be incorporated into General Plan through Visión Salinas 2040.

Goal C-1: Provide and maintain
a circulation system that meets
the current and future needs of
the community.
• Worked with MST on their Network Redesign, encouraging improvements that put more Salinas residents and jobs closer to frequent service and more direct routes, as well as setting the stage for future bus rapid transit.

• Partnered with MST on a grant application for Federal Transit Administration funds to study bus rapid transit on East Alisal Street and authorized a local match of $20,000 if awarded.

Goal-C-2: Work with other local
and regional agencies to
develop regional transit and
transportation systems.

Goal-C-3: Promote an efficient
public transportation network.

• Finished construction of the Downtown Complete Streets Project, which included lane reductions to add buffered bike facilities, and signal and crosswalk improvements on West Alisal Street from Blanco Road to Front Street.

• Installed Safe Route to School features to improve pedestrian, bicyclist and vehicular safety on East Alvin, Linwood, Chaparral and Maryal Drive. The project installed two traffic signals on East Alvin and converted the road to a Complete Goal C-4: Provide an extensive,
safe public bicycle network that
provides on -street as well as
off-street facilities.

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2021
Element Projects and Accomplishments Implemented Goals/Polices Circulation Street. The proje ct serves Natividad Elementary School and North Salinas High School.
• Built new sidewalk and boardwalk along the north side of East Laurel Drive from Constitution Boulevard to North Sanborn Road where no facilities existed before.

Improved street lighting on E. Laurel and trail fronting County facilities. This critical infrastructure connects pedestrians from the Alisal/East Salinas Neighborhoods to the Natividad Hospital system and Constitution Soccer Complex.

• Updated Vendor Ordinance to remove street and truck vendors from operating on High Collision Corridors and Intersections identified in Vision Zero.

Goal C-5: Provide safe routes to
school, work, shopping, a nd
recreation for pedestrians.

Policy-C-5.1: Increase
availability of safe and well-
maintained sidewalks in all
areas of the City.

Safety

• Filled vacant Fire Department positions, promoting 22 employees and hiring 12 firefighters.

• Negotiated and secured a 5-year contract with Monterey Regional Fire to help us work towards 100% cost recovery.

• Completed procurement for West Wing Improvements for moving Fire Admin and Prevention.

• Completion of new roof and energy efficient/UV blocking windows and skylights of Fire Station 1.

Goal-LU-4: Provide effective
and responsive fire protection
and emergency response
service.

Policy-LU-4.1: Provide an
effective and responsive level
of fire protection, public
education, and emergency
response service (including
facilities, personnel, and
equipment, through the Salinas
Fire Department.

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2021
Element Projects and Accomplishments Implemented Goals/Polices Safety • Assisted Monterey County Health with mass vaccine clinics and hosted our own mass clinics with Pinnacle Health Care. We also provided help with many other smaller clinics with the city and other private industries.

• Worked with the Monterey County OES to draft an updated county-wide MJHMP.

Goal S-5: Improve the
community's ability to respond
effectively to natural and
human-caused emergencies.

Policy S-5.1: Regularly update
and use the City of Salinas
Multihazard Emergency Plan
for disaster planning, public
education and guidance in
responding to emergencies.

Economic
Development

• Broadband Expansion: Approved a Network Deployment and Service Agreement, including a License Agreement, with Underline Monterey, LLC for the construction and operation of an open-access fiber network within the public right-of-way.

Goal ED-QL-2 – Narrow social
and economic disparities in the
City of Salinas to foster a more
inclusive community rich with
diversity, social cohesion, civic
engagement, and sense of
belonging.

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2021
Element Projects and Accomplishments Implemented Goals/Polices Economic
Development
• Launched AMOR Salinas, a community commitment to citywide beautification, reducing litter and debris and improving quality of life through partnerships, volunteerism, and education and outreach.

Policy ED-QL-2.3 – Support the
emotional wellbeing of
residents by creating safe
opportunities for residents to
connect with their neighbors,
especially when they are from a
different culture or
background.

Action QL-2.3.1 – Promote
volunteer programs with local
non-profit organizations,
partnership collaborations, and
public schools to foster a sense
of ownership and pride among
residents that support
interactions between youth
and elders.
• Provided pandemic support and technical assistance (to over 500 businesses), including
o Launched a Small Business website
o Continued work with the Small Business Economic and Recovery Task Force to develop “A Road to Recovery for Local Businesses” Blueprint document.
o Provided technical assistance on CA Relief Grant Applications o Awarded Round 2 of Grow Salinas Fund grants ($400,000 total to 24 businesses)
o Distributed of over 10,000 masks between 2020-2021

• Created streamlined permitting to enable Temporary Use of Land Permits (73 approved in 2021) and Sidewalk Cafe Encroachment Permits (8 approved).

Goal ED-EBG-2 – Ensure that
existing businesses have access
to the resources and services
they need to prosper and
expand in Salinas.

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Attachment 1 Land Use Workshop Comments and Feedback Map What do you like about your Neighborhood?
District 1:
- Parks, Landscape at the costa plaza, People playing soccer in the parks - Like two mid-shopping centers, soccer complex, high schools, elementary schools, and Creek- bridge shopping center
- Breadbox offers a lot of youth programs and a great place to come together District 2:
- Job opportunities and youth retention
- Cesar Chavez Library
- Natividad Creek Park
- Support night activity in the area in commercial areas - Encourage unique events like the Airshow, Hartnell Alisal campus, and Golf course in the area District 3:
- Variety of restaurants
- Walkable/complete sidewalks
- Downtown improvements
- Bike lanes
- Pedestrian Crosswalks
District 5:
- History and culture
District 4:
- That district 4 is the heart of Salinas/Very Cultural - New housing/ Redevelopment that is ongoing
- Diversity of the district
- The police department
District 6:
- Amount of Open space(parks)
- Proximity to essential services/ Very walkable neighborhood - Safe and Walkable Neighborhood
Mayor Meeting:
- Walkways around creek bridge
- Rich History, Santa Rita cemetery & church
- Shopping centers, Restaurants located near Creekbridge - Neighbors
- Transitional housing/ Moongate Plaza mixed use development - Big, matured trees on sidewalks (Tree canopies)
- Diversity
- Rich Culture all around the city
- Affordable housing for low-income seniors
- Tatum Garden
- District 5 has a sense of every district
What is in missing in our districts?
District 1:
- Need more crosswalks that are accessible for all ages - Lots of potholes and unsafe sidewalks. Some of the sidewalks are destroyed in some neighborhoods. Cleaner streets in general and more trash receptacles in throughout District - Open more art spaces such as the breadbox that are accessible to all - Incentivize homeowners (building permits) to renovate their houses/apartments District 2:
- More entertainment tailored toward youth
- & connectivity to promote walkability (Bike lanes and Green connections) - Adding monuments in the Alisal (banners, public art, landmarks, Wayfinding signage) - Improve streetlight and crosswalk infrastructure
District 3:
- Affordable housing for agriculture workers/ Higher density apartments - Affordable Business incubators
- Improve community engagement between the city and residents. - Welcoming sign coming into Salinas
- Roundabouts (Memorial Hospital, San Carlos St. San Miguel) Add Fruit Trees in open green spaces that will serve the community (Community Gardens) - Joint use agreements with the local schools, this creates the opportunity for a youth council - Farmers markets and more downtown parking
District 4:
- Better entertainment (Music venues/open spaces/Nightlife/Plazas - Acknowledgement of rich history through Monuments and Signage. Designation of Cultural districts
- Representatives of railroad coordination (Union Pacific) District 5:
- Parks
- Parking
- Community Center for District 5
- More tree/ Right type of trees
- Education about how to maintain those trees
- Cherokee St Infrastructure
- Open spaces for children/Families
- Sense of place in the city
District 6:
- Pedestrian crossing bridge
- Polices that prevent overcrowding + Traffic congestions o Wider sidewalks, 4- LANE Roads
- More entertainment and Community Spaces (Community Gardens, Live music venues) Mayor Meeting:
- Dog park
- Skate park in south Salinas
- Concert Venue for event
- Welcome sign coming into Salinas from King City
- Signage for neighborhoods
- Wayfinding Signage
- More public art
- More bike lanes that are clean and protected
- Street swept bike lanes
- Youth center for performing arts
- Safer Crosswalks (Flag system that palo alto uses)
- Better kept sidewalks
- Emt/Mental health professional response team that would aid police force to response to non- emergency calls
- Better public transportation routes that youth can access city amenities - Highlight art/history of each individual neighborhoods - Agtech education centers
- Economic development that pushes for job creation and brings other job industries into Salinas - Expand into other industries other than agriculture; Businesses that can retain educated youth in Salinas
- Broadband infrastructure for small businesses
- Allow for short- term rentals in the city (Airbnb)
- Missing Middle Housing/ Creation of housing that is affordable for middle class - Supporting non-profits in the city that supports youth. Private-Public partnerships - Enticing Businesses with a work-home balance/ Focusing on Educating the young population - Local preference policy for future housing developments - Solving the crime issue and poverty issue that are the root of all problems in Salinas - Water/Energy resources to sustain future businesses
Workshop Main points:

District 1:
• Needs a crosswalk on North Sanborn and Paseo Grande
• Make a three-way stop at Rider Avenue and Casitas Drive • Along Natividad Creek there are safety concerns on the trails (shelter homes for homeless) • The stop light needs to be longer on North Sanborn and East Laurel Drive • Traffic calming on Towt Street
• Outdoor dancing stage/space
• Cultural Art Murals all over
• More multi-family housing
• Wayfinding Signage on East Alisal Street and Cesar Chavez Park • Fix potholes on Rider Avenue and Gee Street
• Re-paint crosswalks and bike lanes in the whole district • Add more vehicle lanes on East Boronda
• Crosswalk on Hemmington and Nantucket Blvd
• Infrastructure on Old Stage Road
District 2:
• Lighting on Williams Road
• Invest in Historic Neighborhoods
• Using the golf course as park space (golf course to have temporary events) • Connecting las casitas with Acosta Plaza to increase access to hospital • Neighborhood Multifamily, 9 LOCATIONS identified
• Midrise Multifamily, 5 LOCATIONS identified
• Neighborhood Center, 9 LOCATIONS identified
• Corridor Mixed Use, 8 LOCATIONS identified
• Institutional and Service Use, 6 LOCATIONS identified • Green Connections, 5 LOCATIONS identified
• 1 maker space LOCATION identified (Entertainment/ Industrial flex) District 3:
• More pocket parks in neighborhoods that can accommodate specific neighborhoods and steer away from bigger “central” parks as they are not being fully utilized. • Planned out Bike/Running trails throughout the that loops around the city with proper signage.

Potential to connect south to north and East to west parts of the city. • Gauge community interest with further planning through virtual engagement (Surveys, Polls) to gather the most community input
• Lack of public thought - # cars is increasing and need for more traffic management. Add parking throughout the city (Downtown needs more parking)
• Focus on affordable housing and recreation used for all ages • Consider changing various brick and mortar that are outdated and not fully utilized. Move away from large retail locations such as Star shopping lot.
• Repurpose the Californian building into (Hotel, Mixed-Use or Museum) • W. Market St. has the potential for GO Karting track or a trampoline Park. • Amphitheater on Hartnell park or Central Park could direct land to Alisal St. • Taller/Higher Density building  Be mindful of one-story single-family homes for privacy (Better communication w/ Neighbors)
• Add a dog park to Mission Park along Romie Lane.
• Redo fields in front of Harris rd. into Office park.
• Build commercial mixed-use for in front of Granite Construction on Work St/ Higher density housing
• Leave agriculture fields along E. Blanco Road. No need for big box Target. • Have a Trader Joes (Sprouts, Staff of Life in Santa Cruz) – attract a boutique but affordable grocery store
District 4:
• More Microbusiness incubators, Adult learning centers, Farmers Market, bike lanes and neighborhood
• Mixed-use and midrise multifamily spaces, More Multifamily Building Near Pelton PI • More housing in Chinatown, Higher Density. Light industrial zoning that would create work/Live space that is accessible
• Cesar Chavez park Potential for beautification
• Highlight he history of the area
• Opportunity to develop a facility to house relatives of Natividad hospital patients • Preston Street has an empty lot that would serve for multi-family housing such as tiny homes or duplexes
• Mixed-Use (Coffee shops + Cultural spaces + Living spaces) along E Market street • Improve sidewalk accessibility along E laurel Drive/ Make sidewalks cleaner and safer throughout the City
• Improve proximity to services and jobs that don’t require travel across city of services • Use the empty field across Salinas Adult School for Mixed-use housing with a potential for small retail shops and grocery store. Improve the green connections to the Carr lake park • Reconsider industrial designation of parts of Rossi if it remains undeveloped District 5:
• Adopt a park for organization with private/public partnership that could possibly make parks safer and reduce homeless.
• The city doesn’t have capacity to secure parks during night and day • Vibrancy in the Northridge mall to accommodate high density population. • Northgate park needs infrastructure improvements
• On Main St. and E Curtis St. there is potential to create a fashion/ art district that could tap into all the art culture that Salinas has.
• Use the auto mall for concert venue with my utilization. • Reduce parking time on pocket park on Cherokee Dr. to make more accessible to everyone • More lighting on N main St. (Street is very dark for high density traffic) • Rezoning most of Davis as mixed-use and create possible living spaces on top of Northridge mall • Create walkable safe areas that connect to parks
• Community Center on Northridge mall parking spaces
• Green Corridors connecting parks and open spaces
• Add more open spaces instead of fast-food places
• Green roof tops
• Bring back bicycle committee
• City Contest (Garden, trees, etc.)
• Build buildings that will go up on Kmart lot
District 6:
• Pathway from Safeway to Alvarez High school through Gavilan Creek • Multipurpose/ community rooms should be required in large residential developments • Make green connection along Gabilan creek that connects to Carr lake • Affordable housing in the West area specific plan
• Redevelop Jail into housing + Healthcare + Retail. Build Jail in Monterey • Create pedestrian friendly affordable housing in the new development area/ Focus on smaller pocket neighborhoods as opposed to bigger general city development • Set up bike share services that connect people to main areas such as new development to Northridge Shopping center or to Carr lake. Retail Express connectivity • Farmers markets in the Northridge shopping center (Currently a lot of underutilized parking) • Build more environmentally friendly developments that use quality materials to build. • More community spaces/ open spaces (Neighborhood centers) in new developments.(Park by Lassen Ave)
• Convert some parking lots into housing
• Build more libraries, health clinics, and child care facilities in new development • Give better maintenance to public trees
• Roots are disrupting sidewalks (Compton and Glendora) • Reduce speed limit on Natividad Rd.
• Use plastic barricades to prevent traffic lane violations, like crossing solid white lanes Mayor Meeting:
• Insert mixed-use building along South Main St.
• Mixed-use opportunities at the Northridge shopping center and across the street from Northridge mall
• Mixed-use building that has multiple floors at the Kmart Shopping Center • Homelessness in China town – Have more clean ups in this area • Proximity and access to facilities where people can receive mental health services ex.

Transportation
• Drug use in Salinas
o Police Enforcement for drug dealers
o Support for drug users
• Getting people out of poverty, especially those who have been released from prison o Assistance from Non-Profits
• Chinatown has cars parked more than 3 days
o Enforcement of 3-day parking policy
• Creating a park in Chinatown
• Opening the Chinatown history building
• Creating Mental health facility in Chinatown
• Mix use building along main canal St.
• Traffic improvements on East Boronda Rd
• Youth center along E Laurel Dr.
• Mixed-use along E Laurel Dr. and create a park with sports amenities • The city needs more bike lanes throughout.
• Speed humps in residential areas to calm traffic speed. • Bike Boulevards
• Making pedestrian lanes without taking away parking
• Oldtown lack things(Outdoor Gym, Garden, Children activities) Concert venue • Mixed use development in the star market shopping center • Dog park in district 5 and a park in general
• Auto Mall has lots of under-utilized space that could serve for parking, Concert Venue, Go-kart track centered around cars
• Create Housing in the golf course that is under-utilized • Add lighting on Main streets particularly North Main St. • Expand bike at Carr Lake and add Signage
• Carr lake can be center location for bikers
• Bike pass underneath the Dans St. Bridge
• Maintain and swept bike paths on a regular basis
• Miden Boronda can accommodate 4 lanes
• More protected bike lanes
• Develop the intermodal Transportation center to include Economic development in the freight building farmer’s market.
• Firestone building/business across Harris Rd.
• Mixed use and industrial flex on Harkins St.
• Conference Center in the orchard supply center
• Carr lake with bike track
• Use airport for more activities that will bring in more money for the city • Have more joint use agreements with schools
• Improve roads + sidewalks all around the city (Highlight district 2 which has bad roads) • More spaces for special events
• Improved parks + maintain open spaces
• More restaurants open the evenings
• Aquatic center in the new development on E Boronda Rd. /Amphitheater + open space • Welcome sign coming in from King City

Ideas from visionsalinas.org activity
• Safe housing and space for unhoused residents. Designated space, housing, and shelter for unhoused residents, especially during the winter, is important for the health and safety of the community. Criminalizing vulnerable people and taking away their vehicles and only belongings with no other long-term options is inhumane and just makes the problems worse. Services for waste and sanitation, vehicle parking, safe sleeping areas will help with certain issues, save money, and take care of the community together. • Bring more food/restaurants, night life to downtown. Downtown needs more restaurants like Villa Azteca, to have more patrons in Salinas rather than (having them) go to surrounding cities.
• (Translated from Spanish) An app to anonymously report irregularities with photos. I live in District 4, the streets are always dirty, many cars parked in prohibited places, zero visibility when traveling or turning in certain streets. We need order and if not fines. We want our neighborhood to look pretty.
• We need land set aside for a gym to host and play basketball/volleyball games. • Protecting agricultural land. Urban growth needs to be in such a way as to enable farming to meet food demands as much as possible. New sustainable groundwater laws will require farms to reduce water use. The fact that urban development uses less groundwater per acre should not be viewed as a reason to allow urban sprawl to push onto productive farmland.

Even if/when farms are required to reduce water use in order to comply with new groundwater sustainability laws, farms need to continue to exist by operating in a sustainable fashion, use fallowing, grow a broader variety of crops that have varying levels of water consumption, etc. Sustainability starts with the use of sustainable farm practices which is currently not being done in the Salinas area but needs to start. Please don't allow farm owners to reap huge profits by converting their land to urban development if they don't want to rise to the challenge of adapting to the new laws calling for sustainable groundwater use and farming. There are plenty of young new farmers who are in fact up for this challenge. Sustainable farming needs to be protected in the Future Vision. New urban development needs to occur within or immediately adjacent to the existing city limits. . . not pushing boundaries out onto good farmland.
• Clean/remove dangerous toxic waste permanently at and near the location where people without housing live. Clean/remove Dangerous toxic waste permanently at and near the location where people without housing live. This is a major issue at Natividad Park, there is a lot of garbage, and human waste. Please clean up location permanently. • GBA sports facility. A facility where we can facilitate basketball Games, league, tournament, academy nights and offer other services to our youth. Keep them occupied year-round through our nonprofit academy.
• More homes, townhomes, apartments, homes with smaller land footprint. More homes, townhomes, apartments, homes with smaller land footprint. • More high-density housing. We need more mixed use development with stores on the bottom/first floor, streetcar suburbs such as townhomes and better public transportation for less usage of cars, and more pedestrian walkways.
5 1
2 3
3 4
6 City of Salinas, Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA
Park venue for live
music/skate park
Carr Lake -> Salinas’
“Golden Gate Park”
Maker Space
at Carr Lake
Consider other open
space uses on part
of golf course
No big box. Mixed
use or leave as
agriculture
Reconsider industrial
designation - undeveloped
for a long time
Trail through
fields/along City that
connects with
penninsula
Potential for oﬀice parks
Welcoming and wayfinding
signage throughout city
Adaptive reuse of historic
structures downtown
Childcare and health
care
Indoor recreation space
Encourage community
gardens on vacant lots
Boronda Road congestion
relief
Farmers market at mall
Draft Land Use Workshop Feedback Map
September 22, 2021
Mixed use
Multifamily
housing
Maker space On-street bike lanes
Health/youth
service
Oﬀ-street bike lanes/path
Welcome! ¡Bienvenidos!
The meeting will begin in a few minutes.

La reunión comenzará en unos momentos.

Existing Conditions Presentation
Presentación de las
Condiciones Existentes
Interpretation
Interpretación

1. Seleccioné - “I nterpretation”

2. Seleccione el idioma que le gustaría escuchar
(E
stá reunión está disponible en español)

3. (Opcional) para escuchar solo el idioma
int
erpretado, puede seleccionar Silenciar Audio
Original
Graphics from Zoom
Poll #1
Encuesta #1
How did you hear about this
meeting?
¿Cómo se enteró de esta
reunión?
Introducción al
Plan General
Propósito de la
Presentación y
Grupos de
Trabajo
Presentación de
la condición
existente
Discusión
en Grupos
Agenda
General Plan
Introduction
Purpose of the
Presentation
and Working
Groups
Existing
Condition
Presentation
Group
Discussion
Why are we here?
• The GPU is the blueprint for
our f
uture growth
and development
• We NEED your input!
¿Por qué estamos aquí?
• Plan para nuestro
cr
ecimiento desarrollo
futuro
• ¡NECESITAMOS tu opinión

What's covered in the
General Plan? ¿Qué cubre el Plan General?

Guiding
Principles
Guías
Visionarias

Community Engagement Timeline
Línea de Tiempo del Involucramiento Comunitario
Feb 2022 - Jun 2022
• Working
Groups/Workshops
• Grupos de
Trabajo/Talleres
Oct 2022 - Feb 2023
• Content Review
• Repaso del
Contenido
Jun 2023
• Draft Plan
• Borrador del Plan
Aug 2023 – 2023
• Plan Presentations
• Presentaciones del
Plan
Nov 2023
• Plan Adoption
• Adopción del Plan
The People of Salinas
La Gente de Salinas
Population Change
Cambio de Población
1920 – 4,308
1940 – 11,586
1960 – 28,957
1980 – 80,479
2000 – 151,060
2020 – 163,542

1878
Developed Area
Área Desarrollada

1944
Zoning Boundaries
Límites de Zonificación

1962
Zoning Boundaries
Límites de Zonificación

1963
Alisal annexation
Anexión del Alisal

1988
Developed Area
Área Desarrollada

Identified Future Growth
Areas
Áreas
Identificadas de Futuro Cre
cimiento

Today’s
Population
La Población
Actual
Hispanic or Latino
77%
White
14%
Black or African American
1%
Asian
6%
Two or more races, and other
categories
2%
Salinas - Hispanic or Latino and Race (2019 ACS)
Today’s Population –
Median Age
La Población Actual – Edad
Media

Today’s population –
still growing
La Población Actual –
sigue creciendo 166,226
170,459
173,393
175,358
2025 2030 2035 2040

ESTIMATED POPULATION GROWTH
*AMBAG 2022 Regional
Growth Forecast
Which area of Salinas do you live in? What's
something you would change in your
neighborhood?
¿En qué área de Salinas vives? ¿Qué es
algo que cambiarías en tu vecindario?
The Built Environment
El Entorno Construido
Land Use
Uso de Terreno
Land Use Percentage
Housing
Vivienda
46%
Schools, government, institutions
Escuelas, gobierno, instituciones
15%
Business park and industrial
Parque empresarial e industrial
15%
Parks and open space
Parques y espacios abiertos
13%
Retail and office
Comercio y oficinas
8%
Mixed use
Uso mixto
3%
Land Use Workshop Feedback
Comentarios - Taller del uso de Terreno
More housing and mixed-use development
Más desarrollo de viviendas y usos mixtos
Family-friendly entertainment – mini-golf or go-karts
Entretenimiento para toda la familia: minigolf o go-karts Additional park and recreation space
Espacio adicional para parques y recreación
Welcome signs for the city and neighborhoods, and signs for historic buildings
Carteles de bienvenida para la ciudad y los barrios, y
carteles para edificios históricos
This Photo by Unknown Author is licensed under

CC BY-SA
This Photo by Unknown Author is licensed
under CC BY-SA-NC
Historic Preservation
Preservación Histórica
<20 properties officially listed as a historic resource <20 propiedades catalogadas oficialmente como recurso
histórico
Housing
Vivienda
Percent Vacant of Total Housing Units
Porcentaje Vacante del Total de Unidades de Vivienda
California 8%
Monterey County 10.3%
Salinas 3.7%
Housing – Overcrowding
Vivienda - Congestionamiento

19.3% of units = overcrowded (more than 1
occupant per room)

13.8% for Monterey County

19.3% de las unidades = hacinamiento (más de
1 ocupante por habitación)

13.8% para el condado de Monterey
7,400+
Number of new units approved
Número de nuevas
unidades aprobadas
Housing – Cost Burden
Vivienda – Carga de Costos
30% of Salinas homeowners, and 43%of renters, spend more than 30%of their income on housing
El 30 % de los propietarios de viviendas de Salinas y el 43 %de los inquilinos gastan más del 30 % de sus ingresos en vivienda
Housing – City Actions
Vivienda - Acciones de la Ciudad
Project Homekey
Proyecto Homekey
$5 million – distributed to approx. 1,000 households
$5 millones - distribuidos a aprox. 1,000 hogares
$9.2 million = 101 units of permanent supportive housing $9.2 millones = 101 unidades de vivienda de apoyo permanente Emergency Rental Assistance Program
Programa de Asistencia de Alquiler de Emergencia

Housing – City Actions
Vivienda - Acciones de la Ciudad
Accessory Dwelling Unit
Promotion
Promoción de Unidad de Vivienda
Accesoria
(through June)
Circulation-Transportation
Circulación- Transporte
Close access to trains, planes, and highways make
it ideal for packing/shipping
El acceso cercano a trenes, aviones y autopistas lo
hace ideal para empacar/enviar
Intermodal hub downtown – basis
for better transit
Centro intermodal – base para
mejor tránsito
72% commute to work alone, 10%
carpool
El 72 % viaja solo al trabajo, el 10 %
comparte el viaje
Circulation - Safety
Circulación
334 people were killed or severely injured in
traffic crashes from 2009-2018
334 personas murieron o resultaron
gravemente heridas en accidentes de
tránsito entre 2009 y 2018
Vision Zero Action
Plan Adopted 2021
Plan de acción
Vision Zero
adoptado en 2021

Circulation - Bikeways
Circulación - Carriles para
Bicicletas
13% of roads have a distinct bike facility
13 % de las carreteras tiene una instalación específica para bicicletas.
36 bike riders were
killed or severely injured
from 2009-2018
36 ciclistas murieron o
resultaron gravemente
heridos entre 2009 y
2018

Circulation – Bus Service
Circulación - Servicio de
Autobus
Bus stop.
+22%
More frequent service for
more residents
Servicio más frecuente para
más residentes
15 minutes – proposed service frequency
15 minutos – frecuencia de servicio propuesta
General Plan Accomplishments
Logros del Plan General

Which built environment project would you
like to see prioritized?
¿Qué proyecto del entorno construido le
gustaría ver priorizado?
Natural Systems and Resources
Sistemas y Recursos Naturales
Parks
Parques
50+ existing parks and recreation centers,
648.5 acres of parkland.
50+ parques y centros recreativos existentes,
648,5 acres de zonas verdes.
3,491 youth sports participants
355,021 recreation center visits
3,491 participantes en deportes juveniles
355,021 visitas a centros recreativos.

Parks
Parques

1.5 acres/1,000 residents – below standard of 3.0

3.98 – with all parklands.
1,5 acres/1000 residentes - debajo del estándar de 3.0

3.98 - con todos los parques.

Maintenance and improvements in existing
parks = #1 priority
El mantenimiento y las mejoras en los parques
existentes = prioridad número 1
Areas not within a 10-minute walk to park.

Áreas que no están a 10 minutos a pie del
parque.

Natural Hazards – Flooding
Riesgos Naturales -
Inundaciones
Parks and open space
help protect
waterways.

Los parques y espacios
abiertos ayudan a
proteger las vías
fluviales.

Stormwater Flooding
Inundaciones Pluviales

Natural Hazards - Wildfires
Riesgos Naturales- Incendios Forestales
19 of the 23 historic wildfires to occur near Salinas happened after the year 2000
19 de los 23 incendios forestales históricos ocurridos cerca de Salinas ocurrieron después del año 2000
River Fire 2020 – Blanco & Main

Climate Action and Adaptation
Acción Climática y Adaptación
Climate change impacts | Impactos del Cambio Climático
More extreme heat days, longer droughts
Más días de calor extremo, sequías más
prolongadas
Increased wildfires and extreme weather
Aumento de incendios forestales y clima
extremo
Disruptions to power
Interrupciones de electricidad
Increased health risks to vulnerable residents
Mayores riesgos para la salud de los residentes
vulnerables
Emission Inventory | Inventario de emisiones
Residential

21.4%
Commercial
/ Industrial

17.3%
Transportation

48.7%
Solid Waste

12.5%
Wastewater

0.1%
City of Salinas 2019 GHG Emissions by Sector
Inventory will be updated in CAP process to use destination traffic model El inventario se actualizará en el proceso CAP para usar el modelo de tráfico de destino Transportation and
residential buildings
accounted for about 70%
of GHG emissions in 2019
El transporte y los edificios
residenciales representaron
alrededor del 70 % de las
emisiones de GEI en 2019
Agriculture – Context
Agricultura - Contexto
$8 billion – agriculture industry in the
Salinas Valley, with over 75,00 jobs
supported in Monterey County
$8 mil millones: industria agrícola en
el Valle de Salinas, con más de 75,000
puestos de trabajo respaldados en el
condado de Monterey
150+ different crops grown
in Monterey County
150+ cosechas d en el
Condado de Monterey

Agriculture – Challenges
Agricultura - Desafíos
Drought and water sustainability
La sequía y la sostenibilidad del agua
Health, safety, and housing of farmworkers
Salud, seguridad y vivienda de los trabajadores
agrícolas
Loss of farmland to other uses
Pérdida de tierras de cultivo para otros
usos
General Plan Accomplishments
Logros del Plan General

Poll #2
Encuesta #2
Which topic would you like to
learn more about? ¿Sobre
qué tema te gustaría
aprender más?
Socioeconomic Systems
Sistemas Socioeconómicos
Industries and Income
Industrias e Ingresos
$75,235
$71,015
$61,527
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
California Monterey County Salinas
Median household income (2019)
Health Care and Construction – projected as fastest
growing jobs 2020-2040 in Salinas
Cuidado de la salud y construcción: proyectados como
trabajos de más rápido crecimiento 2020-2040 en
Salinas
17,000+ active business licenses in Salinas
17,000+ licencias comerciales activas en Salinas
60 – startups through the Western Growers Center for
Innovation and Technology
60 – empresas emergentes a través del Western Growers
Center for Innovation and Technology
Workforce and Education
Fuerza Laboral y Educación
21% of Salinas adults over 25 have an associate’s degree or higher
21 % de los adultos de Salinas mayores de 25 años tienen un título de asociado o superior
4 – number of public- school districts in
Salinas
4 – número de distritos escolares
públicos en Salinas
63 – public and private schools in Salinas
63 – escuelas públicas y privadas en
Salinas
Public Health and Safety
Salud Pública y Seguridad
44% of Monterey County's Covid cases have been in
Salinas
44% de los casos de covid del condado de Monterey
han sido en Salinas
Monterey County has the highest food insecurity among all 58 California counties
El condado de Monterey tiene la inseguridad alimentaria más alta entre los 58 condados de California
Traffic, industrial sites, and pesticide use contribute to high pollution areas in Salinas
El tráfico, los sitios industriales y el uso de pesticidas contribuyen a las áreas de alta contaminación en
Salinas
Fire and Police
Bomberos y Policia
Annual Calls = 8,000 per year in 2002 to
16,000 in 2020?
Llamadas anuales = 8,000 por año en 2002 a
16,000 en 2020
0 1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
2012 2013 2014 2015 2016 2017 2018 2019 2020
Annual Crimes in Salinas | Crímenes Anuales en Salinas
Arts and Culture
Arte y Cultura
18+ - murals in Salinas
18+ - murales en Salinas
Arts, music - number 1 priority for
recreation programming in Parks, Rec &
Libraries Masterplan
Artes, música - prioridad número
1 para la programación de recreación en
el Plan maestro de parques, recreación y
bibliotecas

General Plan Accomplishments
Logros del Plan General

What's next? / ¿Que sigue?

What will happen in the working groups?
Idea/Opportunity
- Idea
/Oportunidad
Goal/Policy -
Meta/Política Action/Acción
We need to improve our
facilities!
¡Necesitamos mejorar
nuestras instalaciones!

Discussion
• What stood out to you?
• What’s something you want to change?
• What other information would you want?
Discusión
• ¿Qué te llamó la atención?
• ¿Qué es algo que quieres cambiar?
• ¿Qué otra información desea?
Next Steps / Próximos Pasos:
• Group Discussion
• Register on our website to stay
inf
ormed! visionsalinas.org
• Built Environment Working Group:
• Feb 16th at 6 pm on Zoom
• Discusión en G rupos
• ¡Regístrese en nuestro sitio web para
mant
enerse informado!
visionsalinas.org
• Grupo de Trabajo de Entorno
Co
nstruido:
• 16 de febrero a las 6 p. m. por Zoom

Webinar
Evaluation
Evaluación del
Seminario Web
visionsalinas.org

Breakout Rooms
Built Environment / Entorno Construido
Zoom ID: 864 1146 9728
Natural Systems / Sistemas Naturales
Zoom ID: 811 2603 0035
Socioeconomic Systems/ Sistemas Socioeconómicos
Zoom ID: 895 6489 7490

Jonathan Moore, Senior Planner
March 22, 2022
General Plan 2021 Annual
Progress Report

General Plan Annual Progress Report Background
 GP APR informs City's legislative bodies and the public of the progress in meeting the community’s goals.
 Also describes status of the General Plan Update and significant laws passed since adoption.
 Per Government Code all cities must submit APR by April 1 of each year.

General Plan Purpose

Key legislation areas since 2002
 Addressing climate change through
greenhouse gas emission reduction
and adaptation
 Adding Environmental Justice as a
required element
 Increasing housing production and
affordability

General Plan APR Highlights

Visión Salinas 2040 Update

Existing Conditions Presentation
166,226
170,459
173,393
175,358
2025 2030 2035 2040

ESTIMATED POPULATION
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General Plan and Working Group Organization

Upcoming Working Groups and Workshops
March April May
• 3/9 – Socioeconomic
syst
ems
• 3/17 – Natural Systems
• 3/23 – Built Environment
• 4/7 – Socioeconomic
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Plan Workshop
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• 5/17 – Natural Systems
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General Plan Process
 Driven by 6th Cycle Housing Element Due Date
(December 2023)
 Exact dates of events subject to change
Recommended motion
 Motion to adopt a resolution to accept the 2021 General Plan Annual Progress Report and authorize submittal to California Department of Housing and Community Development and the Governor’s Office of Planning and Research.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-130, Version: 1
2021 Housing Element Annual Progress Report
Approve a Resolution authorizing the submittal of the 2021 Housing Element (HE) Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR).

City of Salinas Printed on 3/16/2022Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: MARCH 22, 2022
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: MEGAN HUNTER, COMMUNITY DEVELOPMENT DIRECTOR
BY: ROD POWELL, PLANNING MANAGER
TITLE: 2021 HOUSING ELEMENT ANNUAL PROGRESS REPORT

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the submittal of the 2021 Housing Element (HE) Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR).

RECOMMENDATION:

Staff recommends the City Council review the 2021 City of Salinas Housing Element Annual Progress Report and authorize staff to submit the report to HCD and OPR as required by Government Code Section 65400(b).

EXECUTIVE SUMMARY:

California Government Code Section 65400 (b) requires the City to submit an APR annually addressing and highlighting notable progress made towards the implementation of the General Plan Housing Element. The City’s current Housing Element was adopted by City Council in 2015 and certified by HCD in February 2016. Jurisdictions must submit a 2021 APR to HCD and OPR no later than April 1, 2022.

BACKGROUND
The Housing Element is one (1) of seven (7) mandatory elements of the General Plan and the main policy document that identifies the goals, policies, and programs related to housing development in the City of Salinas. The City’s Housing Element covers an eight-year planning period and intends to address the housing needs of residents, identify adequate land supply for housing, reduce and mitigate housing production constraints, and improve housing opportunities for special needs populations. To meet statut ory compliance with these reporting requirements, the APR is organized as follows:

1. Table A - Submitted Housing Development Applications

2. Table A2 - Building Activity Summary for New Construction, Entitled, Permits and Page | 2
Completed Units

3. Table B - Regional Housing Needs– Permitted Units Issued by Affordability

4. Table C - Sites Identified or Rezoned to Accommodate Shortfall Housing Need

5. Table D - Program Implementation Status

6. Table E - Commercial Development Bonus Approved

7. Table F - Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites

8. Table G - Locally Owned Lands included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed

9. Table H - Locally Owned Surplus Sites

10. Local Early Action Planning (LEAP) Reporting

DISCUSSION
The City continues to make progress towards the goals, policies, and programs of the City’s 2015- 2023 Housing Element. Below are notable highlights and key accomplishments achieved by the City during the 2021 calendar year.
2021 APR Highlights
 Building Permits Issued : 278 housing related building permits including 110 Accessory Dwelling Units (ADUs), 2 Single -Family Dwellings, and 166 Multi -Family Dwelling Units.
 Certificates of Occupancy Issued: 103 residential units including 29 AD Us, 59 Single - Family Dwellings, and 15 Multi-Family Dwelling Units.
 Regional Housing Needs Allocation (RHNA) : The City’s has produced a total of 986 housing units representing 44% of its assigned 2,229 2015-2023 RHNA allocation.  Housing Applications Summary: The City received s eventeen (17) housing applications proposing 2,051 housing units including the Future Growth Areas of which 123 units were approved.

Implementation (Table D) Highlights:
 Affordable Housing Projects: Federal entitlement funds were used as gap financing for the following affordable housing projects:
o Parkside Manor Phase I, an 80-unit affordable senior housing development by the Housing Authority of the County of Monterey (HACM), received $2,108,987 in HOME and PLHA funds along with a fee deferral of development impact fees. o The Catalyst Apartments, a 5 -unit affordable rehabilitation project to provide supportive housing for individuals with significant mental disabilities received $500,000 in CDBG funding.
o Sun Rose Apartm ents, an 11 -unit affordable development for individuals with significant mental disabilities received $500,000 in CDBG funding.  Code Enforcement: 1,276 cases were opened; 1,262 cases were closed in 2021.  Alisal Neighborhood Revitalization Strategy Area (ANRSA) Small Business Support:

Engaged businesses to participate in a “shop local” initiative resulting in the participation of over 1,000 shoppers, established a Small Business phone and email Hotline that Page | 3
received over 444 calls and 600 emails, and assisted twenty-two (22) local businesses with rent and utility support with $400,000 of CDBG and CDBG-COVID funds.  Community Investments: The City used a variety of HUD and HCD entitlement and Covid funding to support the following programs and initiatives: Emergency Rental and Utility Assistance, Salinas Downtown Streets Team , Grow Salinas Fund , Fair Housing Referral Services, Food Bank of Monterey County, Homeless Encampment Food Distribution , Hotel and Motel Vouchers for Homeless , Street Outreach and Response Team, Homekey Projects, Warming Shelter and Trailers Operations, Chinatown Navigation Center Trailers and Sprung Operations, Rapid Rehousing Supports and Landlord Incentives, and SHARE Center Operations.
 Salinas Homekey: Successfully applied and awarded funding to facilitate the acquisition of the former Good Nite Inn to create 101 affordable permanent supportive housing units for individuals experiencing chronic homelessness . Pending HUD approval, e ighty-five (85) Project Based Housing Vouchers will provide residential rental support for the next 25 years.
 SHARE Center: Bay Area Community Services received FY 2021-22 HUD ESG funding in the amount of $80,684 to support facility operations and rapid re-housing activities.  Salinas Outreach and Response Team (SORT) : SORT activities were supported with $79,000 of FY 2021-22 HUD ESG funding. The team consists of one (1) full -time Outreach Coordinator, four (4) part-time Community Outreach Assistants, and eight (8) volunteers who perform essential outreach and engagement services with the homeless pollution and connect them to services and housing opportunities.  Continuum of Care Services (CoC): The City funded Central Coast Center for Independent Living (CCCIL), Housing Resource Center (HRC), Interim Inc, and Community Homeless Solutions to provide vital services and supports to unsheltered residents.  Emergency Rental Assistance Program (ERAP) : The City continues to guide and accept applications from residents negatively impacted by COVID-19 to provide rental and utility assistance. The city secured a total of $15 million in ERAP funding and as of March 1, 2022, has assisted 1068 resident households.
 Alternative Housing Solutions : The City was awarded a $500,000 grant for Local Early Action Planning (LEAP) and earmarked $350,000 towards its General Plan and $150,000 to develop pre-approved plans for Accessory Dwelling Units (ADUs). The City continues to work with Design Path Studio to draft a set of four pre-approved ADU Plans that will become available to ADU applicants in early 2022.
 Housing for Local Workforce : The City approved Zoning Code Amendment 2021 -003 (ZCA 2021 -003) to allow hotels/motels to obtain a Conditional Use Permit (CUP) to provide extended-stay workforce occupancies of up to 10 months per year.

Inclusionary Housing Program Update

Background: The City of Salinas approved an amendment to the provisions of its Inclusionary Housing in June 2017. The amended Inclusionary Housing Ordinance was developed to provide more flexibility as there was universal concern among both developers and housing advocates that the previous version of the ordinance was discouraging new housing development. In fact, no units that would have been subject to the old ordinance were built while it was in effect. The 2017 amended ordinance achieved consensus between developers and housing advocates with the goal Page | 4
of providing a variety of housing to households of all income levels with a strong focus on the needs of the local workforce. In connection with the City’s Housing Element, Land Use Element, Zoning Ordinance, and the Consolidated Plan, the 2017 Inclusionary Housing Ordinance provides additional guidelines for new housing development.

The City’s inclusionary housing policies serve as an additional tool to both improve housing affordability and meet the City’s Regional Housing Need Allocation (RHNA) as reflected in its Housing Element. As described in the City’s 2015-2023 Housing Element, the City implements the Inclusionary Housing Program to spur the production of affordable housing for both rental and ownership units to very low, lower, median, and moderate-income households.

Options for Providing Inclusionary Units: The City’s inclusionary housing requirements apply to any project that requires a Development Permit which creates ten or more for-sale dwelling units or lots through either new construction, subdivision of a property, and additions or alterations to an existing structure. For-sale developers may select from three standard options to provide on- site inclusionary housing and may receive a density bonus to construct additional units in exchange for providing affordable units. A for-sale housing developer may also opt to pay in-lieu fees which are deposited into a designated trust fund. Developers of rental units can develop units or pay an affordable rental housing impact fee. Other alternatives ma y also be submitted for City Council review and approval.

2021-2022 Summary of Potential Projects Subject to Inclusionary Housing:

1. The Sun Rose Apartments: 11-unit affordable development with 2 density bonus units.

Construction started in 2021 with expected completion in 2022.

2. The Parkside Manor Apartments: 160-unit affordable development including 63 density bonus units to be built in two phases; construction of 80 Phase I units started in 2021.

3. Boronda Road and Hemmingway Drive: Proposed project for the development of 1,053 ownership and 500 rental units in conjunction with the Central Area Specific Plan.

4. John Street and Abbott Street: Proposed mixed-use development that will include 233 residential units.

5. 467 Market Street: Proposed development to construct 84 affordable residential units.

DEPARTMENTAL COORDINATION:

The Housing Division team collaborated with various City departments to complete the 2021 HE APR including : Public Works, Library and Community Services, Police, Fire , and other Divisions of the Community Development Department (Current Planning, Advance Planning and Project Implementation, and Code Enforcement).

CEQA CONSIDERATION:

It has been determined the HE APR is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15306, as its strictly for informational purposes, and will not result in a major disturbance to an environmental resource.

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STRATEGIC PLAN INITIATIVE:

The City Council approved its 2022 -2025 Strategic Plan on March 8, 2022. The 2021 HE APR supports the Council Goal of Housing/Affordable Housing by implementing policies that encourage housing production, preserve affordable housing, expand housing opportunities for the unsheltered, increase the development of accessory housing units (ADUs), implement the Inclusionary Housing Ordinance, and promote senior and transit oriented housing development.

FISCAL AND SUSTAINABILITY IMPACT:

Submission of the 2021 HE APR has no fisc al impact to the City. It should be noted that jurisdictions who fail to submit an annual report to HCD and OPR may not be eligible for future grants or loans from HCD for noncompliance with this requirement.

ATTACHMENTS:

1. City Council Resolution

2. 2021 Housing Element Annual Progress Report

3. Planning Commission Resolution

1 RESOLUTION NO. _____ (N.C.S.)

A RESOLUTION APPROVING THE HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR 2021 AND AUTHORIZING SUBMITTAL TO THE CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND THE GOVERNOR’S OFFICE OF PLANNING AND RESEARCH

WHEREAS, Section 65400 of the California Government Code requires the City to file a Housing Element (HE) Annual Progress Report (APR) addressing the status of the General Plan Housing Element and progress made toward implementing its goals and policies; and

WHEREAS, the HE APR for 2021 was prepared and must be submitted to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) by April 1, 2022; and

WHEREAS, the City of Salinas adopted the 2015-2023 General Plan Housing Element in 2015 and was certified by HCD in 2016; and

WHEREAS, the HE APR accurately reflects the City’s progress in implementing the goals and policies of the 2015-2023 General Plan Housing Element; and

WHEREAS, the City Council has confirmed that the HE APR is not a project as defined by CEQA Guidelines Section 15378 and, therefore, no environmental assessment is required; and

WHEREAS, on March 2, 2022 , the Planning Commission adopted a Resolution recommending that the City Council approve the HE APR for 2021 and authorize its submittal to the State HCD and OPR; and

WHEREAS, on March 22, 2022, the City Council held a public meeting to review and approve the 2021 HE APR; and

NOW, THEREFORE, BE IT RESOLVED BY THE CO UNCIL OF SALINAS that the City Council hereby approves the 2021 HE APR and finds that the report accurately reflects the City’s progress in implementing the 2015-2023 General Plan Housing Element; and

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council authorizes the City Manager or his designee to submit the attached 2021 HE APR to HCD and OPR as required by statute.

2 PASSED AND APPROVED This 22nd day of March 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

___________________________________
Kimbley Craig, Mayor

ATTEST:

_____________________________________
Patricia M. Barajas, City Clerk

SALINAS PLANNING COMMISSION
RESOLUTION NO.2022.01

RESOLUTION RECOMMENDING THAT THE CITY COLINCIL APPROVE THE HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR 2021 AND AUTHORIZE ITS

SUBMITTAL TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMML]NITY DEVELOPMENT AND THE GOVERNOR'S OFFICE OF PLANNING AND

RESEARCH
WHEREAS, a Housing Element Annual Progress Report for the Year 2021 was prepared and must be submitted to the Department of Housing and Community Development (HCD) and the Govemor's Offrce of Planning and Research (OPR) by Aprll 1,2022; utd WHEREAS, the City of Salinas-adopted the Ciiy of Salin as 2015-2023 Housing Element in 2015; and
WHEREAS, the Housing Element Annual Progress Report accurately reflects the City's progress in implementing the goals and policies of the General Plan and Housing Element; and WHEREAS, the Planning Commission has confirmed that the Housing Element Annual Progress Repo( is not a project as defined by CEQA Guidelines Section I 5378 and, therefore, no environmental assessment is required; and
WHEREAS, on March 2, 2022, the Planning Commission held a public meeting and reviewed the 2021 Housing Element Annual Progress Repo(.

NOW, THEREFORE, BE IT RESOLVED by the Salinas Planning Commission that the Commission hereby determines that the Annual Housing Element Progress Report for 2021 (Exhibit 1) accurately reflects the City's progress in implementing the Housing Element; and BE IT FURTHER RESOLVED by the Salinas Planning Commission that the Commission recommends that the Salinas City Council approve the Housing Element Annual Progress Report for 2021 and direct staff to submit the subject document to the State of Califomia Department of Housing and Community Development and the Govemor's Office of Research as required by statute.

PASSED AND ADOPTED this 2nd day oiMarch 2022, by the following vote:

AYES: Chairperson Meeks, Commissioners Donohue, Farias, Gorzalez, Griffin, and Manzo
NOES None
ABSTAIN: None
ABSEN'l': CommissionerMcKelveyDaye
WHEREAS, Section 65400 of the Califomia Government Code requires the City to file an annual report addressing the status of the General Plan Housing Element and progress made toward implementing its goals and policies; and
Planning Commission Resolution 2022 - 01
Housing Element Annual Progress Report for 2022

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Salinas City CouncilMarch 22, 2022

Salinas City Council
March 22, 2022