Exhibit A EOA K PreAnnexation Agreement City_County (Final Draft 02.28.22)

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).

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’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) City’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) County’s Potential Commercial Development Project.

The County may consider a proposal to develop a commercial project on commercially de
signated 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., sp
ecific 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 an d ap
plications if planning in tandem;

2. coordination on or shar ing in the preparation of technical studies and analyses r
equired 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) City 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) Conflict of Interest.

The City and the County each agree to abide by the provisions of 24 CFR 570.611 and the r
equirements 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)
se
nt by express delivery or overnight counter service with a delivery receipt, (iii) personall y d
elivered 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 addre ss as th
e 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] Wi
th a copy to:

C
ity 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]
Suc
h written 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.

S
ection 6.3. Conformance with Federal and State Law.

S
hould 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.

S
ection 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.

S
ection 6.5. Headings and Captions.

P
aragraph 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.

Sec
tion 6.6. No Third-Party Beneficiaries.

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

Th
is 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.

S
ection 6.8. Costs and Expenses.

E
ach 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.

S
ection 6.9. Governing Law; Venue.

Th
is 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.

Th
is Addendum 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.

S
ection 6.12. Non-Recourse Agreement.

N
o member, 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
WITNESS 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.

D
ated: __________, 2019 City of Salinas
_________
_______________________
Ray Corpuz, City Manager
9 APPROVED AS TO FORM:
_________
_______________________
Christopher A. Callihan, City Attorney
D
ated: __________, 2019 County of Monterey
_________
________________________
Nicholas Chiulos, Assistant CAO
A
PPROVED AS TO FORM:
_________
_________________________
Leslie J. Girard, Chief Assistant County Counsel
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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)
Exhibit C
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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).

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 2 | P a g e
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 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.

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 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.

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.

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.

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. 9 | P a g e

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 10 | P a g e
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:

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

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.

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.

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.

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:

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.

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.

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.

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, 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.

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 , 0 0 0 2 , 0 0 05 0 0
F e e t
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
L a y e r C r e d i t s : U S D A F S A , G e o E y e , M a x a r 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 with in 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 Indi vidual Development Projects within the Target Areas; and

During Construction of Future Individual Development Projects within the Target Areas.

C ITY 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.

CITY OF SALINAS ECONOMIC DEVELOPMENT ELEMENT PROGRAM EIR

MITIGATION MONITORING AND REPORTING PROGRAM
4 EMC PLANNING GROUP INC .

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

CITY OF SALINAS ECONOMIC DEVELOPMENT ELEMENT PROGRAM EIR

MITIGATION MONITORING AND REPORTING PROGRAM
EMC PLANNING GROUP INC . 5
Development Department as needed. Complian ce 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

MITIGATION MONITORING AND REPORTING PROGRAM
6 EMC PLANNING GROUP INC .

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
monitor
ing 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 applica
nts 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.

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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.

Development defined as incompatible with a Williamson Act contract pursuant to Government Code Sect
ion 51201(e) will be prohibited within the portions of Target Areas B and V that are under Williamson Act contract until the applicable Williamson Act contracts are terminated through cancellation or non-renewal; or

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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 appr
oval 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.

Development will be prohibited with in parcels under pe rmanent 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.

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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 adopte
d 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 proj ect 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 . The
se include regulatory requirements
such a
s CALGreen, Pavley standards, Lo w Carbon Fuel Standard, Advanced Clean Cars, and other future applicable sta
ndards or regulatory requirements that may be
adopted by the state to implement AB 32 (2020), SB 32 (2030), other st ate regulations, or fu
ture state adopted legislation for reducing GHG emission s, including legislation and implementing re gulations designed to achieve post-203 0 emission
s reduction targets, if any.
4)
Calculation of net project GHG emission s volume after reductions are taken for applicable building standards and other adopted regu latory requirements.

Determination whether the net emissions vo lume exceeds or is below the threshol d
of sign
ificance.
5) If the net emissions volume is above the applicable threshold of signific ance, 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 Governm
ent 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 Qualit y Management District, Sa
cramento Metropol itan Air Quality Management District, San Luis
Obispo County Air Pollution Co ntrol District, or other agencies with adopte
d 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 incl
uded in CALGreen , provision of on-s ite vehicle charging stat
ions 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
Mon
itoring 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.

Water all active construction sites to prevent visible dust emissions. Frequency should be
based on the type of operation, soil, and wind exposure;

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b. Prohibit all grading activities during pe riods 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 acrylic copolymer) to exposed areas after cut and fill operatio
ns and hydroseed area;
e.

Maintain at least 1’-0” of freeboard in haul trucks;
f.

Plant tree windbreaks or construct windbreaks on the windward peri meter 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).

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 monitor
ing 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 applica
nts 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
Mon
itoring 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 Oc tober 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 individu als

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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 activit
ies 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 t
o 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 se cure the affected structures;

A plan for making appropriate repairs or providing compensation where damage ha s 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 activiti es
with t
he highest potential to produce perceptible vibration are conducted during hours with least potential to adversely affect nearby businesses and residents.

The vibrat
ion 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 Frida
y. 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 portab le power gener
ators, 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, mate rial 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

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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 wher e 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
Mon
itoring 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 Frida
y. 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;

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• Locate stationary noise-generating equipm ent such as air compressors or portab le power gener
ators, 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, mate rial 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.

T
he 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.

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

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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 improvem ents 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

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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 improv ements 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

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 Implementation Complete
Mon
itoring 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.

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Exhibit F

Salinas City CouncilMarch 22, 2022

Salinas City Council
March 22, 2022