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Attachment 2 Resolution to execute Pre Annexation Agreement (EOA K)

Salinas City Council
March 22, 2022

Document
Attachment 2 Resolution to execute Pre Annexation Agreement (EOA K)
Meeting
March 22, 2022
Body
Salinas City Council
Original file
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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, 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 the 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 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), 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 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); and WHEREAS, the County will not deem Owner’s application complete without a wastewater treatment plan; 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; 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 meeting, 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, 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 property 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 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 affirms the foregoing recitations are true and correct, and are included herein by reference as findings, and 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:

ABSENT:

ABSTAIN:

APPROVED:
________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Attachment:

Northern Area - Economic Opportunity Area Map
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