Tuesday, December 5, 2023
4:00 PM
City of Salinas
200 Lincoln Ave., Salinas, CA 93901
www.cityofsalinas.org
SALINAS ROTUNDA
City Council
Mayor Kimbley Craig
Councilmembers:
Carla Viviana González, District 1 - Tony Barrera, District 2 Steve McShane, District 3 - Orlando Osornio, District 4 Andrew Sandoval, District 5 - Anthony Rocha, District 6 Jim Pia, Interim City Manager
Christopher A. Callihan, City Attorney
City Clerk’s Office: (831) 758-7381
Meeting Agenda - Final
AMENDED
City Council Meeting Agenda - Final December 5, 2023
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PLEDGE OF ALLEGIANCE
ROLL CALL
CITY OF CHAMPIONS / COMMENDATIONS
Monterey for Maui, District 2 City of Champions
Jeff Davis, Traffic and Transportation Commissioner
PUBLIC COMMENT PROCEDURES
If you wish to make a general public comment or comment on a specific agenda item, you are encouraged to attend the City Council meeting in person. Public comment may also be submitted via email at [email protected] and will be entered into the record.
PUBLIC COMMENT TIME RESTRICTIONS
Public comments generally are limited to two minutes per speaker; the Mayor may further limit the time for public comments depending on the agenda schedule.
GENERAL PUBLIC COMMENTS
Receive public communications on items that are not on the agenda and that are in the City of Salinas’ subject matter jurisdiction. Comments on Consent, Consideration, and Closed session items should be held until the items are reached. The public may request that the legislative body consider adding an item for consideration on a future agenda. The public may comment on scheduled agenda items, including closed session items, as they are considered.
ADMINISTRATIVE REPORTS
City of Salinas Page 2 Printed on 12/1/2023
City Council Meeting Agenda - Final December 5, 2023
ID#23-691 Broadband Network Development Update
Recommendation: No action is required. This Report presents information to the City Council regarding the Broadband Network Development.
PUBLIC HEARINGS
ID#23-602 Substantial Amendments to United States Department of Housing and Urban Development Fiscal Year 2017-18, 2018-19, 2019-20, 2020-21, and 2022-23 Annual Action Plans
Recommendation: Approve a Resolution authorizing the submission of Substantial Amendments to the United States Department of Housing and Urban Development for Fiscal Year 2017-18, 2018-19, 2019-20, 2020-21, and 2022-23 Annual Action Plans; authorizing the allocation of an additional $1,410,000 in available Community Development Block Grant program funds to the Hebbron Family Center project; and authorizing the Mayor or designee to execute, for and on behalf of the City, any agreements or related documents applicable to the Substantial Amendments and the allocation of additional CDBG funds.
ID#23-674 2023-2031 Housing Element (General Plan Amendment 2023-002) Recommendation: Adopt the 2023-2031 Housing Element (General Plan Amendment 2023-002), authorize staff to submit the 2023-2031 Housing Element to the State of California Department of Housing and Community Development (HCD) for certification, and authorize staff to make non-policy revisions to the Housing Element in response to future HCD comments.
CONSIDERATION
ID#23-723 Closter Park Improvement Project Schematic Design Recommendation: Approve a Resolution accepting the completion of the schematic design for the Closter Park Improvement Project.
ID#23-714 Red Light Abatement Act Ordinance
Recommendation: Consider adopting an Ordinance to amend the Salinas Municipal Code to provide for the abatement of public nuisances.
ID#23-699 California Senate Bill 329 (Dodd): City Council Compensation Recommendation: Consider adopting an Ordinance amending the Salinas Municipal Code to increase compensation for the Mayor and City Council Members.
CONSENT AGENDA
All matters listed under Consent Agenda may be enacted by one motion unless a member of the Council or the public requests discussion or a separate vote.
ID#23-710 Minutes
Recommendation: Approve minutes of November 14, 2023.
ID#23-750 Financial Claims
Recommendation: Approve financial claims report.
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City Council Meeting Agenda - Final December 5, 2023
ID#23-675 Citywide Sidewalk Repair Project Phase II, CIP 9720 Recommendation: Approve a Resolution approving the plans and specification for the Citywide Sidewalk Repair Project Phase II, CIP 9720 and authorize issuance of the Invitation to Bidders with bids to be opened on January 16, 2024.
ID#23-697 Master Service Agreements for On-Call Streetlight Maintenance Contractors
Recommendation: Approve a Resolution authorizing the Interim City Manager to negotiate and execute Master Service Agreements with Bear Electrical Solutions, Inc., and St Francis Electric LLC to provide on-call contracting services related to various City of Salinas streetlight maintenance, repair, modification, and emergency work, as needed in an amount not to exceed $50,000.
ID#23-700 Miracle Playsystems, Inc. Agreement for Playground Repairs Recommendation: Approve a Resolution authorizing the Interim City Manager to negotiate and execute an agreement with Miracle Playsystems, Inc. for the purchase and installation of playground equipment at designated park locations in an amount not to exceed $67,781.29.
ID#23-701 Conditional Funding Reservation Letter for Predevelopment Cost of the Proposed 100% Affordable Multifamily Housing Development at 467-479 E.
Market Street
Recommendation: Approve a Resolution authorizing the Interim City Manager or designee to execute a Conditional Funding Reservation Letter with Envision Housing LLC in the amount of $500,000 from the California Department of Housing and Community Development (HCD) Prohousing Incentive Pilot (PIP) program funds for predevelopment costs of a proposed 100% affordable multifamily housing development at 467-479 E. Market Street.
ID#23-711 Addendum No. 1 to the Jet West, Inc. Facility Lease Agreement at the Salinas Municipal Airport
Recommendation: Approve a Resolution approving Addendum No. 1 to the Salinas Municipal Airport Facility Lease Agreement at the Salinas Municipal Airport in consideration of rental abatement for American Disabilities Act (ADA)Tenant Improvements.
ID#23-713 Cadence Team Agreement Renewal
Recommendation: Approve a Resolution authorizing the Interim City Manager to negotiate and execute renewal of a service agreement with Cadence Team, Inc. to provide network infrastructure, network maintenance, and support in an amount not to exceed $45,000.
ID#23-715 Surplus Fire Vehicles and Equipment for Disposal Recommendation: Approve a Resolution declaring certain vehicles and equipment surplus and authorizing the donation of two surplus fire apparatus and fire suppression equipment to the Mexican communities of Chavinda, Michoacan and San Luis Rio Colorado, Sonora, and the disposal of several surplus vehicles through contracted auction services.
ID#23-716 Federal Urban Area Security Initiative (UASI) Grant Equipment Purchases Recommendation: Approve a Resolution authorizing the Interim City Manager or designee to approve the 2022 Urban Area Security Initiative (UASI) grant award expenditures related to the Mobile Command and Communications Vehicle (MCCV) technology upgrades in an amount not to exceed $179,500.
City of Salinas Page 4 Printed on 12/1/2023
City Council Meeting Agenda - Final December 5, 2023
ID#23-717 Memorandum of Understanding (MOU) with the County of Monterey for the Mobile Crisis Services Pilot Program
Recommendation: Approve a Resolution authorizing the Interim City Manager to execute a Memorandum of Understanding with the County of Monterey for the creation and implementation of the Mobile Crisis Services Pilot Program in an amount not to exceed $390,000.
ID#23-718 Rainier Drive Neighborhood Traffic Calming Plan Recommendation: Approve a Resolution approving the Rainier Drive Neighborhood Traffic Calming Plan supported by residents.
ID#23-719 Nogal Drive Neighborhood Traffic Calming Plan Recommendation: Approve a Resolution approving the Rainier Drive Neighborhood Traffic Calming Plan supported by residents.
ID#23-724 City Hall First Floor Build Back, Project No. 8170 Recommendation: Approve a Resolution approving the Plans and Specifications for the City Hall First Floor Build Back, CIP No. 8170; and awarding a contract to Premier Builders, Inc. for the City Hall First Floor Build Back, CIP No. 8170 in the amount of $1,859,138; and authorizing 25% of the contract amount, $464,784.50, for construction contingencies for the City Hall First Floor Build Back, CIP No. 8170; and approving the City's reallocation of American Rescue Plan Act funds (ARPA), in the amount of $1,000,000, from Park Irrigation Upgrades (3911.55.8191) to Adaptations to City Hall project (3911.50.8170).
ID#23-726 Closed Circuit Television of Sanitary Sewer
Recommendation: Approve a Resolution approving the plans and specifications for the CCTV of Sanitary Sewer and approving award of contract to National Plant Services, Inc. for the CCTV of Sanitary Sewer in the amount of $547,512.02 (Bid Items 1-14); and approve a 15% contingency in the amount of $82,100.
ID#23-727 ShotSpotter Gunfire Location, Alert and Analysis Service Recommendation: Approve a Resolution authorizing the Interim City Manager to execute an agreement with SoundThinking, Inc. (ShotSpotter) for a one-year subscription from December 14, 2023 through December 13, 2024 in an amount not to exceed $490,000.
ID#23-728 2023 Justice Assistance Grant, MOU with the County of Monterey, and Lease of Flock LPR Cameras
Recommendation: Approve a Resolution accepting the 2023 Justice Assistance Grant (JAG), execution of all grant acceptance documents, establishment of the 2023 JAG Grant appropriation of up to $92,532 and corresponding revenue budget to support grant activities, and authorizing the Interim City Manager to execute a Memorandum of Understanding between the City and County of Monterey for activities related to the 2023 JAG; and authorize the Interim City Manager to execute a 60-month lease renewal for 20 License Plate Reader (LPR) cameras from Flock Group, Inc. for an amount not to exceed $250,000.
ID#23-729 Lease of License Plate Reader and PTZ Cameras from Flock Group, Inc.
City of Salinas Page 5 Printed on 12/1/2023
City Council Meeting Agenda - Final December 5, 2023
Recommendation: Approve a Resolution authorizing the Interim City Manager to execute an Agreement to include the lease of 60 Flock Safety Falcon LPR Cameras and 12 Flock Safety Condor PTZ Cameras for a term not to exceed 60-months with a total cost not to exceed $948,000.
ID#23-732 Funding Agreement with the Housing Authority of the County of Monterey for the United Way Housing Stabilization Program
Recommendation: Approve a Resolution authorizing the Interim City Manager or designee to execute a Subgrantee Funding Agreement between the City of Salinas and Housing Authority of Monterey County to implement a Community Impact Housing Stabilization Program in an amount not to exceed $331,000.
ID#23-746 Modification to the Classification - Salary Schedule Recommendation: Approve a Resolution modifying the Classification - Salary Schedule to reflect previously authorized cost of living adjustments due in the pay period inclusive of January 1, 2024, and add the classification of Permit Center Clerk to the temporary classifications.
COUNCILMEMBERS’ REPORTS, APPOINTMENTS AND FUTURE AGENDA ITEMS Receive communication from Councilmembers on reports, appointments and future agenda items. Councilmember comments are generally limited to three minutes.
CLOSED SESSION
Receive public communications from the audience on Closed session items.
The City Council will recess to closed session pursuant to:
ID#23-752 a. Public Employee Appointment - California Government Code Section 54957(b)(1), City Manager.
b. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Santa Rita Union High School District, et al. v. City of Salinas et al., Monterey County Superior Court Case No. 20CV000242.
c. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Alisal Union School District, et al. v. City of Salinas, et al., Monterey County Superior Court Case No. 20CV00340. d. Labor Negotiations - California Government Code Section 54957.6, with its designated labor representatives Jim Pia, Interim City Manager; Christopher A.
Callihan, City Attorney; Katie Hogan, Assistant City Attorney; Marina Horta-Gallegos, Human Resources Director; Sylvia Enriquez, Senior Human Resources Analyst; Che Johnson, Liebert Cassidy Whitmore, regarding labor relations with Service Employees International Union (SEIU), SEIU Crew Supervisors and Blue Collar, Salinas Municipal Employees Association/SEIU, Association of Management Personnel, Police Officers Association, Police Management Association, International Association of Firefighters, Fire Supervisors Association, Confidential Management Employees, Confidential Non-Management Employees, and Department Directors.
City of Salinas Page 6 Printed on 12/1/2023
City Council Meeting Agenda - Final December 5, 2023
ADJOURNMENT
_____________________________
Patricia M. Barajas, City Clerk
AGENDA MATERIAL / ADDENDUM
Any addendums will be posted within 72 hours of regular meetings or 24 hours of special meetings and in accordance with Californian Government Code Section 54954.2 and 54956. City Council agenda reports and other writings distributed to the legislative body may be viewed at the Salinas City Clerk’s Office, 200 Lincoln Avenue, Salinas, and are posted on the City’s website at www.cityofsalinas.org in accordance with California Government Code section 54597.5. The City Council may take action that is different than the proposed action reflected on the agenda.
Disability-related modification or accommodation, including auxiliary aids or services, may be requested by any person with a disability who requires a modification or accommodation in order to participate in the meeting. Language interpretation may be requested as soon as possible but by no later than 5 p.m. of the last business day prior to the meeting. Requests should be referred to the City Clerk’s Office At 200 Lincoln Avenue, Salinas, 758-7381, as soon as possible but by no later than 5 p.m. of the last business day prior to the meeting. Hearing impaired or TTY/TDD text telephone users may contact the city by dialing 711 for the California Relay Service (CRS) or by telephoning any other service providers’ CRS telephone number.
PUBLIC NOTIFICATION
This agenda was posted on November 30, 2023 in the Salinas Rotunda and City's website.
Meetings are streamed live at https://salinas.legistar.com/Calendar.aspx, televised live on Comcast Channel 25 and on http://www.youtube.com/thesalinaschannel at 4:00 p.m. on the date of the regularly scheduled meeting and will be broadcast throughout the day on Friday, Saturday, Monday and Wednesday following the meeting. For the most up-to-date Broadcast Schedule for The Salinas Channel on Comcast 25, please visit or subscribe to our Google Calendar located at http://tinyurl.com/SalinasChannel25. All past City Council meetings may also be viewed on the Salinas Channel on YouTube at http://www.youtube.com/thesalinaschannel.
City of Salinas Page 7 Printed on 12/1/2023
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-691, Version: 1
Broadband Network Development Update
No action is required. This Report presents information to the City Council regarding the Broadband Network Development.
City of Salinas Page 1 of 1 Printed on 11/30/2023
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT
FROM: LISA BRINTON, DIRECTOR
BY: MICHAEL GOMEZ, ECONOMIC DEVELOPMENT ANALYST
TITLE: BROADBAND NETWORK DEVELOPMENT UPDATE
RECOMMENDED MOTION:
No action required; this item is for informational purposes only.
EXECUTIVE SUMMARY:
The City Council has identified the development of an open-access broadband network to serve the needs of its residents and businesses as one of its priorities. To support the development of network infrastructure, the Council has taken several actions, including establishing a Dig-Once Ordinance, adopting policies regarding the leasing of City-owned facilities and the deployment of small-cell antennas within the right-of-way, and approving the construction of City-owned fiber-optic cable and conduit connecting City Hall and the Police Service building to the Crown Castle middle-mile fiber network. This report provides an update on the License Agreement with Underline to construct and operate an open access fiber network and the development of the Salinas Broadband Master Plan and Alisal Neighborhood Broadband Fiber Network Design.
BACKGROUND:
In December 2021, the City Council entered into a License Agreement with Underline Monterey, LLC (“Underline”) to construct and operate an open-access fiber network. Underline is to implement a “Groundwork Program” which is intended to offer discounted rates to lower income households as well as performing outreach to connect residents with resources and programs to assist them in obtaining access to broadband and significantly improve broadband access throughout the City. The City has also approved a Master Service Agreement with Underline that would allow the City to potentially obtain broadband services that would include public areas such as parks within the City for a lower cost.
In November 2022, the City of Salinas was awarded the Local Agency Technical Assistance Grant (LATA) in the total amount of $470,304 to develop the Salinas Broadband Master Plan and Alisal Neighborhood Broadband Fiber Network Design in partnership with Kimley Horn and Associates Inc.
The Broadband Master will provide and implementation strategy and cost estimations for budgeting Page | 2
and planning purposes. The grant will fund network design services that will include engineering drawings and standard specifications for a constructible, shovel-ready fiberoptic network design that prioritizes unserved/underserved area within the City. The following is the detailed scope of work that will be carried out to obtain a final Broadband Master Plan and the Alisal Neighborhood Fiber Network Design.
Salinas Broadband Master Plan Scope of Work and Deliverables Data Collection – Existing City facilities (traffic signal, buildings, utilities) Conceptual Design - City-wide fiber network
Preliminary Broadband Network Project List and costs
Citywide Broadband Network Implementation Plan
o Operations and Maintenance Plan - Draft
o Governance Model Alternatives Analysis – Draft
o Funding Opportunities
o Potential Partnership Opportunities
Broadband Master Plan – DRAFT and FINAL
Alisal Neighborhood Broadband Fiber Network Design
Field Review of City facilities (Alisal Neighborhood) Needs Assessment Summary
Construction Documents (Plans, Specifications and Estimate) Alisal Neighborhood Public WiFi Feasibility Study
o Wireless Network Conceptual Design and Cost Estimates o Potential Partnerships
o Implementation requirements
The Salinas Broadband Master Plan is following the schedule outlined in the LATA funding request.
Kimley-Horn has performed field work to confirm available spacing at future broadband hubs within the Alisal Neighborhood. Additionally, Kimley-Horn has met with City staff to confirm needs related to broadband deployment within the Alisal neighborhood and citywide. A conceptual layout of a citywide fiber network has been laid out and Kimley-Horn is currently preparing construction plans for the first section of the broadband network in the Alisal neighborhood. It is anticipated that the Final Broadband Master Plan will be completed by June 30, 2024.
The City has recently made the strategic decision to foster collaboration between Underline and Kimley Horn, recognizing their shared objective of advancing broadband development. With a common goal in mind, the City has facilitated a connection between the two entities, encouraging the exchange of ideas.
The initial focus of this collaboration is the development of a broadband design, with the Alisal neighborhood identified as the starting point. By bringing together the expertise of Underline and Kimley Horn, the City aims to create an innovative and robust network design tailored to the unique needs of the Alisal community. In the long term, this partnership envisions that Underline will leverage the insights gained from the Alisal Neighborhood Network Design to initiate the broader implementation of the broadband infrastructure. Kimley-Horn will also prepare permit plans for installation of Underline fiber-optic cables and conduit in the Alisal Neighborhood as the first section of the Salinas Broadband Network. The permit plans will conform to City construction standards and practice.
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Discussions pertaining to fees, policies, and regulations remain ongoing between City Staff and Underline with a focus on more technical aspects before commencing groundwork. This continued dialogue is aimed at ensuring a thorough understanding of the finer details and requirements, which must be addressed before any concrete construction or implementation can commence. Underline is collaborating with Kimley Horn to develop a comprehensive fiber network design for the entire City of Salinas, with the aim of presenting a finalized plan to its partners for financing purposes.
Underline will continue to collaborate with relevant stakeholders, including internet service providers, city departments, and the public, to gather input and make informed decisions on the topics discussed above and will keep the City Council updated as these discussions progress and decisions are reached.
CEQA CONSIDERATION:
No action required; this item is for informational purposes only. This update on the Salinas Broadband Master Plan and Alisal Neighborhood Broadband Fiber Network Design is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Any subsequent discretionary projects resulting from Broadband Master Plan and Alisal Neighborhood Broadband Fiber Network Design will be assessed for CEQA applicability.
STRATEGIC PLAN INITIATIVE:
The Salinas Broadband Network supports the City Council’s Goals of “Economic Development” and “Infrastructure and Environmental Sustainability” by implementing the Alisal Vibrancy Plan goals of improving internet capabilities and expanding free WIFI zones throughout the City of Salinas.
DEPARTMENTAL COORDINATION:
Community Development Department’s Economic Development Division continues to coordinate broadband planning and design with the Advanced Planning and Project Implementation division, the Public Works Department, and the City Attorney's Office. In addition, City staff has coordinated with the County of Monterey to prevent redundancy in their broadband planning efforts, ensuring no duplication of work, particularly with both entities receiving LATA grants for similar projects.
FISCAL AND SUSTAINABILITY IMPACT:
There is no cost associated with this action.
ATTACHMENTS:
Broadband Timeline of Events
Underline Network Deployment and Service Agreement
Underline License Agreement for Wireless Installation on Public Structures Kimley Horn Agreement Broadband Master Plan and Alisal Neighborhood Fiber Network Design Agreement for Professional Services and Scope, Budget, and Schedule PowerPoint Presentation
Timeline of Events
Broadband System Development in City of Salinas
Updated November 1, 2023
April 10, 2014 – the California Public Utilities Commission (CPUC) approves a grant of $10,640,000 to Sunesys LLC to construct a middle-mile fiber open access fiber network running from Santa Cruz to Soledad. The terms of the grant requires Sunesys to offer specified rates for the first five years following the initial date of service.
July 21, 2015 – the City Council approves Resolution 20810 creating a permitting system to allow for wireless telecommunications facilities to be installed on certain structures within the right-ofway.
September 1, 2015 – working with consultant Tellus Venture Consultants, City staff develops a Preliminary Broadband Plan to help guide future efforts related to development of a broadband network in Salinas.
January 25, 2016 – City releases a Request for Proposals (RFP) seeking private-sector partners to develop additional broadband infrastructure within the City of Salinas, with an emphasis on servicing commercial and industrial users. Ultimately it is determined that none of the responses received would represent a feasible path forward for the development of additional infrastructure.
November 16, 2016 – the City Council adopts Resolution 21080 establishing a Dig Once Policy to support the installation of broadband infrastructure by requiring that broadband infrastructure be installed during certain specified projects and requiring that open trenches be made available for broadband providers.
March 15, 2017 – City and ExteNet Systems (California) LLC enter into a Master License Agreement to allow ExteNet to construct a fiber network available for lease by other entities.
April 2017 – Sunesys LLC (now Crown Castle) begins operation of its middle-mile fiber. Two connection points are established in Salinas at Central Park and Moffett Street. Rates specified in the CPUC grant approval are available for all contracts (regardless of term) initiated by April 2022.
April 17, 2018 – the City Council adopts Resolution 21369 establishing a policy for the installation of wireless telecommunications facilities on City-owned property.
April 2, 2019 – the City Council adopts Resolutions 21580 and 21581 updating the City’s permitting system for the installation of small cell antennas within the right-of-way to align with an Administrative Order issued by the Federal Communications Commission (FCC), and establishing fees for the processing of applications and site monitoring.
May 24, 2019 – working again with Tellus Venture Associates, the Preliminary Broadband Plan is updated to reflect changes in circumstances over the prior three years.
August 19, 2019 – the City Council adopts Resolution 21692 entering into a Master License Agreement with AT&T to allow the installation of small cell antennas on City-owned infrastructure within the right-of-way.
October 8, 2019 – the City Council adopts Resolution 21716 approving funding for the Downtown Complete Streets Project, which includes the installation of fiber and conduit connecting City Hall, the Public Safety Building at 312 East Alisal Street, and the connection point to the Crown Castle middle-mile network at Central Park.
January 21, 2020 – the City Council adopts Resolution 21779 approving funding for Main Street Streetscape Project, which includes the installation of fiber and conduit along Main Street.
April 14, 2020 – the City Council adopts Resolution 21818 entering into a Reciprocal Dark Fiber Agreement and updating the Master License Agreement with ExteNet to allow for the reciprocal use of each party’s fiber infrastructure as well as allow the installation of small cell antennas on City-owned infrastructure within the right-of-way March 19, 2021 – City releases a new RFP to identify potential private-sector partners to provide low-cost reliable broadband service to the residents and businesses of Salinas.
June 22, 2021 – the City Council adopts Resolution 22138 accepting responsibility for the improvements constructed as part of the Downtown Complete Streets Project, including conduit and fiber.
June 22, 2021 – following staff’s review of the responses to the RFP, the City Council adopts Resolution 22147 to enter into an Exclusive Negotiating Rights Agreement with Underline Infrastructure Services LLC to perform additional due diligence for the construction of a privately-owned open-access fiber network serving the entirety of the City of Salinas.
December 14, 2021 - City Council entered into a License Agreement with Underline Monterey, LLC (“Underline”) to construct and operate an open-access fiber network May 10, 2022 - City Council approved a Master Service Agreement with Underline that would allow the City to potentially obtain broadband services for less cost than it does currently that would include public areas such as parks within the City.
January 10, 2023 - City Council approved the new Microtrenching Standard Plan 16B into the 2008 edition of the City of Salinas that will enable the City of Salinas to provide a standard, quick and cost-effective way to install fiber through microtrenching that conforms to the new law.
February 21, 2023 – City applied for and was awarded $470,304 of Local Agency Technical Assistance Grant (LATA) to develop the Salinas Broadband Master Plan and Alisal Neighborhood Broadband Fiber Network Design.
April 4, 2023 - City of Salinas entered into an Agreement with Kimley Horn to develop the Salinas Broadband Master Plan and Alisal Neighborhood Broadband Fiber Network Design (design only no construction).
April 2023 – Staff met with Underline CEO Robert Thompson in person to discuss current status and address concerns brought up relating to Salinas Broadband Master Plan and Alisal Neighborhood Broadband Fiber Network Design.
June 2023 – City staff determined collaboration between Kimley Horn and Underline would be beneficial to expediate the Fiber Design initiating in the East Side of Salinas as originally planned in both Agreement with Underline and Kimley Horn.
Current – Staff continues to work with Underline to refine barriers relating technical items regarding permitting, restoration standards, and other crucial items.
NETWORK DEPLOYMENT and SERVICE AGREEMENT
This Network Deployment and Service Agreement ("Agreement") is entered into this 14th day of December, 2021, by and between
Underline Monterey, LLC, a Delaware Limited Liability Company authorized to do business in California ("Underline"), and the
City of Salinas, a California Charter City and municipal corporation (“City").
Underline and City are sometimes referred to herein individually as a “Party” or collectively as the “Parties.”
WHEREAS, this Agreement is made in light of the following premises and circumstances, all of which are a part of this Agreement:
A. The City desires to expand access to broadband services to residents and businesses within the city of Salinas;
B. In order to facilitate the expansion of broadband services, City issued a Request for Proposals (RFP) on March 19, 2021 to identify partners to provide affordable, reliable consumer broadband service, delivered to residents at download and upload speeds sufficient to enable full and unrestricted access to online services;
C. Underline submitted a response to City’s RFP (“Underline’s Proposal”) with a proposal to provide a privately-funded and owned open access fiber network within the City; D. Following the receipt of Proposals, the City has been engaged in discussions with Underline to explore the implementation of Underline’s Proposal;
E. Underline proposes to install an open access fiber network within and in proximity to the boundaries of City to offer service to all residents and businesses; F. Under an open-access network, Underline will provide its proprietary software-based marketplace where numerous service providers are empowered to compete to provide services, and customers can select desired services based on clear, accurate and competitive service options. In addition, the Underline open access fiber infrastructure can serve as the essential foundation for connected utilities, new wireless solutions (e.g., for 5G mobile phone carriers), and other modernized infrastructure, including responsible energy and water systems; G. For residential subscribers, Underline’s initial proposal is that the 500/500 megabits per second (“Mbps”) Broadband Internet Service will be available for $49/month and the symmetrical gigabit connection will cost $65/month; in addition, 500/500 Mbps will be available at a reduced price for qualifying households as part of its Groundwork Program; and DocuSign Envelope ID: EC1CB711-1CB7-4794-A024-867016A8308B DocuSign Envelope ID: 6497FF7A-2033-4C44-823A-456BADF8CA94 H. For micro-enterprises, proposed pricing is $79 /month for 500/500 Mbps service and symmetrical gigabit service for $95 /month. Pricing for small, medium, and enterprise business customers will be dependent on specific needs; and
I. For the physical infrastructure, Underline plans to install, use, operate, and maintain a fiber optic cable network that will be placed within a conduit and/or micro-duct in, on, or over portions of the rights-of-way of the City and/or City-owned land, including the fiber optic cable and its component parts and appurtenances, other components, facilities, Cabinets, conduits, connectors, wireline and wireless transmitters, Vaults, flower pots, appliances, splitters, apparatus, and appurtenances.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, Underline and City, for valuable consideration, the sufficiency of which is hereby acknowledged, hereby agree as follows:
1. Definitions
For the purpose of this Agreement, the following terms when used herein shall have the following meanings:
(i) “Access Point” means a Manhole, Vault, handhole, Cabinet, or Junction Box through which the Underline Fiber may be accessed for the purposes of installation or splicing fibers to interconnect to other networks or facilities.
(ii) “Authorized Contractors” means third party contractors (whether independent or affiliated with Underline) that have been approved and authorized by Underline to utilize Access Points and to make splices or perform other work on the Underline Network as provided for in this Agreement.
(iii) “Broadband Internet Service” means internet service of at least 500 Mbps (download and upload speeds).
(iv) “Cabinet” means an above ground structure used to store, terminate, splice, or transfer fiber optic cable, network electronics, patch panels, and switches. (v) “Fiber” means the fiber optic cable and/or conduit to be installed by Underline, whether aerial or underground, comprising the optical fiber components of the Network as deployed and as may be changed from time to time.
(vi) “Groundwork Program” means a program developed by Underline to support universal access to Broadband Internet Services within the city through a combination of providing an openaccess network, providing discounted pricing for Broadband Internet Service to Qualifying Households, performing ongoing outreach efforts to provide information to community members, and offering Broadband Internet Service and the use of the Network to the City at a competitive price.
DocuSign Envelope ID: EC1CB711-1CB7-4794-A024-867016A8308B DocuSign Envelope ID: 6497FF7A-2033-4C44-823A-456BADF8CA94 (vii) “Internet Service Provider” means a company that provides information services over the Network that Underline will install.
(viii) “Junction Box” means a box where fiber optic cable splices and connections are made and accessed.
(ix) “Manhole” means a subsurface enclosure which qualified personnel may enter and use for the purpose of installing, operating, and maintaining facilities. (x) “Network” means all components of a system designed to provide Broadband Internet Service, including Fiber, Cabinets, conduits, connectors, wireline and wireless transmitters, Vaults, appliances, splitters, apparatus, and other related components and appurtenances. (xi) “Open Access Network” means a Network which is available for use by multiple Internet Service Providers to provide Broadband Internet Service, and other services, and which provides consumer choice among Internet Service Providers utilizing the Network. (xii) “Qualifying Households” means households with incomes below 180% of the Federal Poverty Level.
(xiii) “Vault” means a buried box, with a lid that is even with the surface of the ground, used to store, terminate, splice, or transfer fiber optic cable.
2. License
City hereby grants to Underline a License and all necessary rights to install, operate, and maintain Fiber, conduit, and other Network equipment and components within the public right-of-way, in accordance with the terms and provisions of the License Agreement set forth in Exhibit A.
For any and all encroachment and other permits that are required for Underline to exercise its license rights to use the public right-of-way, the City will provide efficient and diligent review of all applications for permits submitted by Underline and its representatives and contractors.
3. Groundwork Program
3.1 Service to Community
Underline shall provide the following services in the City:
(i) Underline shall utilize the Fiber and Network equipment to provide an Open Access Network to enable third-party Internet Service Providers to provide Broadband Internet Service to the residents and businesses of Salinas on a competitive basis; and DocuSign Envelope ID: EC1CB711-1CB7-4794-A024-867016A8308B DocuSign Envelope ID: 6497FF7A-2033-4C44-823A-456BADF8CA94 (ii) Underline shall offer Broadband Internet Service to all properties in the City of Salinas within five years of the execution of this Agreement; and (iii) Underline shall offer Broadband Internet Service at a reduced price to Qualifying Households.
3.2 Ongoing Outreach Efforts
Underline shall implement Ongoing Outreach Efforts as outlined below, with the goal of ensuring that all residents (including Qualifying Households) and businesses have access to its broadband offerings:
(i) Develop targeted messages and varied approaches to reach as many people as possible Ongoing digital engagement
Earned media and thought leadership
Advertising and marketing
(ii) Maintain local relationships, with special attention to underserved communities Ongoing partnerships with grassroots organizations
Recruiting champions
(iii) Monitor home sales and new development
Targeted mailers
Direct outreach to developers and property managers
(iv) Ongoing tracking of relevant KPIs
Take rate by neighborhood
Selection of performance and value-added service offerings by client segment Customer satisfaction reviews and commentaries of various ISPs Direct measurable positive impact on families in the digital divide
3.3 Service to the City as Anchor Customer
Underline shall offer Broadband Internet Service and other available services to City buildings and facilities in accordance with the terms and provisions of a Master Service Agreement, to be developed between the parties based on good faith negotiations.
4. Maintenance
(i) Underline shall have sole responsibility for maintaining all of its Network equipment, electronics, lasers, fiber, and other facilities.
(ii) Any equipment, electronics, lasers, or interconnecting fiber or other Network facilities shall be installed and maintained in accordance with the requirements and specifications of the then current editions of the National Electrical Code (NEC), and the National Electrical Safety DocuSign Envelope ID: EC1CB711-1CB7-4794-A024-867016A8308B DocuSign Envelope ID: 6497FF7A-2033-4C44-823A-456BADF8CA94 Code (NESC), each of which are incorporated by reference in this Agreement. Further, Underline and its consultants and contractors shall at all times comply with the applicable rules and regulations of the Occupational Safety and Health Act of 1970 (OSHA), with all applicable state and federal statutes and laws, and with all applicable regulations, rules and orders issued by any state or federal agency having jurisdiction thereof. (iii) City reserves the right to conduct inspections of Underline’s construction sites or of Underline Fiber at any time to ensure compliance with regulatory requirements. If ordered by City, Underline shall correct all sites and/or work that are found to be noncompliant with applicable building or safety codes and/or approved permits within 30 days of receipt of such notice by City. City reserves the right to remove any facilities within the City right-of-way for which no permit has been issued and/or finalized and may seek the actual costs incurred in so doing.
The City’s failure to act as to unauthorized facilities on or under the right-of-way shall not be deemed an approval of such use.
5. Indemnification
(i) Underline (as “Indemnifying Party”) hereby agrees to indemnify, defend and hold harmless the City and its officers, employees, agents, and representatives (as “Indemnitee”) from and against any third party demand, claim, action, suit, or proceeding (“Claim”) and any resulting loss, liability, cost, expense, or fine, including court and appeal costs and reasonable attorneys' fees and expenses (“Losses”), that are caused by or arise out of the actual acts or omissions, whether negligent or willful, of the Indemnifying Party, its personnel, agents or contractors, in connection with the performance under this Agreement or otherwise in connection with the construction (including any excavation), installation, operation, maintenance or use of the Underline Fiber or any equipment or facilities interconnected or associated therewith. (ii) Notwithstanding the foregoing, Underline’s respective obligations as an Indemnifying Party under paragraph (i) above shall not include any liability or obligation to defend:
a. to the extent that Losses arise out of or are caused by the Indemnitee’s intentional misconduct and/or gross negligence;
b. to the extent that the defense of any Claim is prejudiced, or the resulting Losses are caused by the Indemnitee’s failure or refusal to provide the Indemnifying Party with timely notice of the Claim, or to cooperate in the defense thereof; or c. to the extent that Losses result from the Indemnitee’s failure or refusal to take commercially reasonable actions as the Indemnifying Party may request, and at the Indemnifying Party’s sole cost and expense, in order to mitigate or lessen such Losses. (iii) The Indemnitee shall give the Indemnifying Party timely written notice of any Claim covered by this Section 5. The Indemnitee shall tender the defense of the Claim to the Indemnifying Party and such defense shall be carried out under the control, and at the expense of, the Indemnifying Party. The Indemnitee may participate in the defense of a Claim at any time, provided that, during all periods in which such defense has been assumed and is being carried out by the Indemnifying Party with qualified counsel, the incremental costs of the DocuSign Envelope ID: EC1CB711-1CB7-4794-A024-867016A8308B DocuSign Envelope ID: 6497FF7A-2033-4C44-823A-456BADF8CA94 Indemnitee’s participation shall be at its own expense.
6. Assignment and Beneficiaries
(i) With the exception of a transfer or assignment to an entity that is affiliated with or partlyowned or managed by Underline, Underline shall not assign, transfer, sublease, or sell the privileges granted in this agreement without the prior written consent of the City, which shall not be unreasonably delayed or denied. An affiliated entity is any entity that directly or indirectly (through one or more intermediaries) controls, is controlled by, or is under common control with, such Party.
(ii) Neither this Agreement nor any term or provision hereof, nor any inclusion by reference shall be construed as being for the benefit of any person or entity not a signatory hereto.
7. Agreement Term and Termination
7.1 Term of Agreement
This Agreement shall have an initial term of 30 years and shall then continue in perpetuity so long as the Underline Network (or any portion thereof) remains in place and is in use by Underline and its successors in interest or assigns.
7.2 Termination of Agreement
The Parties shall have the right to terminate this Agreement and the Licenses granted herein under the following circumstances:
(i) In the event there are events of material noncompliance or defaults (collectively “Defaults”) that, according to City, affect the overall agreement, City may, at its option, send written notice to Underline that Underline is in Default under the terms of this Agreement. Within 30 days following City’s issuance of said notice, Underline shall cure or cause to be cured all Defaults identified in the City’s notice; provided, however, that if any such failure cannot reasonably be cured within such thirty (30) day period, then City shall not have the right to terminate this Agreement so long as Underline promptly commences the curing of any such failure and thereafter proceeds in good faith and with due diligence to remedy and correct such failure within a reasonable period of time; provided, however, that such period shall not extend for more than ninety (90) days after the date of the City's notice to Underline. (ii) In the event Underline fails to cure any Default within the required timeframe, City may send Underline notice that it intends to terminate this Agreement for cause (“Written Notice”), subject to the following dispute resolution provisions that shall be applicable at the request of the Underline:
DocuSign Envelope ID: EC1CB711-1CB7-4794-A024-867016A8308B DocuSign Envelope ID: 6497FF7A-2033-4C44-823A-456BADF8CA94 a. The Parties shall hold a meeting attended by representatives of City and Underline with sufficient authority regarding the dispute to attempt to negotiate in good faith a resolution to the Default (the “Formal Initial Meeting”). The meeting shall be held promptly, but in no event later than thirty (30) days after the Written Notice. Such meeting shall not be deemed to reduce or eliminate the obligations and liabilities of the Parties or be deemed a waiver by a Party of any remedies to which such Party would otherwise be entitled, unless otherwise agreed to by the Parties in writing.
b. If, within thirty (30) days after such meeting, the Parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the matter to non-binding mediation and to bear equally the costs of mediation.
c. The Parties will jointly appoint a mutually acceptable mediator; if they fail to do so within thirty (30) days from the conclusion of the Formal Initial Meeting, they shall each select a mediator. The two mediators will then appoint a third mediator who shall, as the sole mediator, conduct mediation for the Parties.
d. The Parties will schedule the mediation for a date within thirty (30) days after selection of the mediator(s). The Parties agree to participate in good faith in the mediation and negotiations related thereto for a period of thirty (30) days after the start of mediation. The substantive and procedural law of the State of California shall apply to the proceedings. e. If the Parties are not successful in resolving the dispute through mediation, then the Parties shall be free to litigate the matter, and agree that in the event of such litigation, the exclusive venue for such litigation shall be the Superior Court of Monterey County, California or, if necessary for exclusive federal questions, the United States District Court for the Northern District of California.
f. During the pendency of any dispute or appeal, the agreement and permits shall remain in effect and Network shall remain in place. Notwithstanding the above, the City may order the removal of Network equipment and/or the cessation of operations during the pendency if it determines that failure to do so would result in immediate harm to public health and safety.
(iii) Termination of this Agreement for any other reason shall require the mutual consent of both parties.
7.3 Effect of Termination
(i) In the event of termination in accordance with this Agreement, the City may purchase the fiber Network for fair market value.
(ii) If the City does not purchase the Network, Underline may transfer the system to another entity that is qualified to provide Broadband Internet Service. Said entity shall agree to continue to abide by the terms of this Agreement in its continued operation of the Network. (iii) In the absence of a transfer to the City or another entity, the below ground facilities may be abandoned in place, however, Underline shall remove any Cabinets and above ground facilities unless City allows these facilities to remain. If the above-ground facilities are not removed, City may remove the facilities and dispose of them at the expense of Underline.
8. General Provisions
DocuSign Envelope ID: EC1CB711-1CB7-4794-A024-867016A8308B DocuSign Envelope ID: 6497FF7A-2033-4C44-823A-456BADF8CA94
8.1 Notices
(i) All notices required or permitted to be given to either party by the other party under any provisions of this Agreement shall be in writing. Notice shall be deemed served when delivered by hand or sent by a nationally recognized overnight courier service to the other party’s address set forth below during normal business hours. If a Notice is mailed, service is deemed complete upon the earlier of actual delivery or the close of business on the third business day following the date when the Notice is placed in a receptacle regularly maintained by the U.S. Postal Service addressed to the party at the address set forth below with postage pre-paid.
(ii) Notices shall be given to the following:
If to City:
City Manager
200 Lincoln Avenue
Salinas, CA 93901
With a copy to City Attorney at the same address.
If to Underline
Bob Thompson
200 Park Avenue South
Suite 1611
New York, NY 10003
Phone Number: 914 704 7474
Email Address: [email protected]
With a copy to General Counsel at the following email address: [email protected] Or to such other addresses and persons as City or Underline may hereafter designate in a notice given in accordance with this Section 8.1.
8.2 Non-Waiver
Failure of either Party to take action to enforce compliance with any of the terms or conditions of this Agreement, or to give notice or declare this Agreement or any authorization granted hereunder terminated, or to exercise any right or privilege hereunder, shall not be construed as a continuing or future waiver of such term, condition, right, or privilege, but the same shall be and remain at all times in full force and effect.
8.3 Headings
DocuSign Envelope ID: EC1CB711-1CB7-4794-A024-867016A8308B DocuSign Envelope ID: 6497FF7A-2033-4C44-823A-456BADF8CA94 All headings contained in this agreement are for convenience only and are not intended to affect the meaning or interpretation of any part of this Agreement.
8.4 Force Majeure
Notwithstanding anything in this Agreement to the contrary, no default, delay, or failure to perform on the part of any Party shall be considered a breach of this Agreement if such default, delay, or failure to perform is shown to be due entirely to causes beyond the reasonable control of the Party charged with a default, including, but not limited to, causes such as strikes or other labor disputes, riots, civil disturbances, actions of governmental authorities, epidemics, lockdowns due to pandemics, war, embargoes, unusually severe weather, fire, earthquakes, acts of God or the public enemy, or nuclear disasters. The excused Party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased.
8.5 No Rights to the System
The City expressly agrees that, except as may be expressly set forth in this Agreement, it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the Network, throughout the term of this Agreement. Underline shall, at all times, retain title to and ownership of the Network and all future extensions of the Network, and shall have the right to lease the Network or parts thereof to a provider of internet, data, voice, video, and other services.
8.6 Governing Law
This Agreement and the rights and obligations contained in it shall be construed in accordance with, and governed by, the laws of the State of California without regard to its choice of law provisions.
8.7 Counterparts
This Agreement may be executed in any number of counterparts, each of which when executed shall be deemed an original, but all of which together shall constitute one and the same instrument.
8.8 Confidentiality
The parties acknowledge that Underline will disclose proprietary and confidential network and business information to City in order to perform this Agreement. City agrees to take all reasonable steps to protect such proprietary and confidential information from public disclosure, and to make available such information internally only to City personnel with a need to know or to its legal counsel. City shall not disclose the contents of this Agreement except as required by law in response to a formal request pursuant to an applicable freedom of information law. City shall notify Underline within 48 hours of receiving such a request for information about this Agreement.
8.9 Venue
DocuSign Envelope ID: EC1CB711-1CB7-4794-A024-867016A8308B DocuSign Envelope ID: 6497FF7A-2033-4C44-823A-456BADF8CA94 Venue for any complaint, cause, case or action arising from or related to this Agreement shall be in Monterey County Superior Court or the appropriate federal court with jurisdiction over the matter.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
CITY OF SALINAS
_________________________________
Kimbley Craig, Mayor
APPROVED AS TO FORM:
_____________________________________
Christopher A. Callihan, City Attorney
ATTEST:
_____________________________________
Patricia M. Barajas, City Clerk
UNDERLINE MONTEREY, LLC
_____________________________________
Robert Thompson, Chief Executive Officer
DocuSign Envelope ID: EC1CB711-1CB7-4794-A024-867016A8308B DocuSign Envelope ID: 6497FF7A-2033-4C44-823A-456BADF8CA94
EXHIBIT A
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (“Agreement”) is made as of this 14th day of December, 2021 (the “Effective Date”) by and between
City of Salinas, a California Charter City and municipal corporation (“City" or “Licensor”) and Underline Monterey, LLC, a Delaware Limited Liability Company authorized to do business in California ("Underline" or “Licensee”), and the
Underline and City are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
RECITALS
As part of its plan to deploy a broadband network in the City, Underline plans to install, use, operate, and maintain a fiber optic cable network that will be placed within a conduit and/or micro-duct in, on, or over portions of the rights-of-way (“ROW”) of the City and/or City-owned land, including the fiber optic cable and its component parts and appurtenances, other components, facilities, Cabinets, conduits, connectors, wireline and wireless transmitters, Vaults, flower pots, appliances, splitters, apparatus, and appurtenances.
Underline desires to install a Network in, over and/or under the public ROW within the geographic boundaries of City for the provision of broadband service.
City and Underline are concurrently entering into a Network Deployment and Service Agreement (the “Service Agreement”), of which this License Agreement is an Exhibit.
City will permit Underline to access and utilize the ROW subject to the terms and conditions set forth in this License Agreement and the Service Agreement.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be legally bound, hereby agree as follows:
1. GRANT
The City hereby grants to Underline the right to install, operate, and maintain Fiber and other Network equipment and components within the City’s ROW, in accordance with the terms of this Agreement, the Service Agreement, and City’s laws and regulations.
2. TERMS OF USE
This Grant is a nonexclusive license to encroach upon the City’s public right-of-way for the purpose DocuSign Envelope ID: EC1CB711-1CB7-4794-A024-867016A8308B DocuSign Envelope ID: 6497FF7A-2033-4C44-823A-456BADF8CA94 of construction, installation, operation, placement, protection, repair, maintenance, and removal of Fiber cable and conduit, and any Network equipment necessary for the good operation and repair of these facilities, subject to the following:
(i) Prior to installation of any facilities, Underline shall obtain an Encroachment Permit from City. Underline shall be responsible to pay City its normally applicable permit application and inspection fees and shall ensure that all appropriate inspections by City occur. City may require reasonable information to be submitted with the applications, including, but not limited to, the location of installation, construction methods, existing infrastructure, and traffic control measures.
(ii) Installations of Fiber, conduits, Vaults, and equipment shall be made below-ground except that fiber cable may be installed above-ground when immediately adjacent to previouslyexisting above-ground utilities including, but not necessarily limited to, fiber, telephone, and/or electrical lines. Furthermore, Cabinets, wireless transmitters, receivers and any associated fiber lines or infrastructure required may be installed above ground. (iii) When not in conduit, Fiber shall be stored, terminated, spliced, or transferred in Vaults, except that Cabinets may be used in connection with active electronics and heating/cooling equipment. Underline shall cooperate with the City in determining appropriate locations for the Cabinets, consistent with their function in the Network and their need for power to operate the active electronics housed inside the Cabinets.
(iv) Except as provided by applicable laws or this Agreement, Underline shall not interfere in any manner with the existence and operation of any and all public and private rights-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, street lights, traffic signals, cable television, conduit, other telecommunication facilities, and City property without prior approval of the owners of such property.
(v) Underline may utilize the Fiber and Network for any lawful purpose. (vi) Underline shall conduct itself in compliance with all federal, State, and local laws, Ordinances, Resolutions, rules, and regulations, including the City’s “Dig Once” Policy (Resolution 20810), as such may be amended from time-to-time. (vii) The rights granted to Underline may be exercised by its Authorized Contractors when operating under Underline’s direction.
The City reserves the right to grant, renew, or extend similar licenses to others. Notwithstanding the foregoing, the City expressly conditions approval of other licenses to private parties for telecommunications purposes so as not to cause disruption or interference with any Underline Fiber.
Underline shall have the right to take appropriate action against any interfering party. City shall not be liable for expenses or damages suffered by Underline as a result of interference.
DocuSign Envelope ID: EC1CB711-1CB7-4794-A024-867016A8308B DocuSign Envelope ID: 6497FF7A-2033-4C44-823A-456BADF8CA94
3. NO INTEREST IN PROPERTY
Except as otherwise expressly provided in this License Agreement, the permissions granted by this Agreement shall not constitute an easement or an encumbrance upon City property or against any City right-of-way. Aside from the occupancy rights inherent in this grant of License, no ownership right, title, or interest in the public right-of-way, or any part thereof, shall vest or accrue by reason of this Agreement, by issuance of a Permit, or by exercise of any privilege given thereby.
4. PERSONAL INTEREST AND ASSIGNMENT
This License is personal to Underline only and is not transferable without the written consent of City, except as permitted by the following Assignment clause:
With the exception of a transfer or assignment to an entity that is affiliated with or partlyowned or managed by Underline, Underline shall not assign, transfer, sublease or sell the privileges granted in this agreement without the prior written consent of the City, which shall not be unreasonably delayed or denied. An affiliated entity is any entity that directly or indirectly (through one or more intermediaries) controls, is controlled by, or is under common control with, such Party.
Neither this Agreement nor any term or provision hereof, nor any inclusion by reference shall be construed as being for the benefit of any person or entity not a signatory hereto.
5. TERM OF LICENSE
The term of the License granted hereby for occupancy of the public rights-of-way shall have an initial term of 30 years and shall then continue in perpetuity so long as the Underline Network (or any portion thereof) remains in place and is in use by Underline and its successors in interest or assigns.
6. TERMINATION OF AGREEMENT
The Parties shall have the right to terminate this License Agreement under the following circumstances:
(i) In the event there are events of material noncompliance or defaults (collectively “Defaults”), the City may, at its option, send written notice to Underline that Underline is in Default under the terms of this Agreement. Within 30 days following City’s issuance of said notice, Underline shall cure or cause to be cured all Defaults identified in the City’s notice; provided, however, that if any such failure cannot reasonably be cured within such thirty (30) day period, then City shall not have the right to terminate this Agreement so long as Underline promptly commences the curing of any such failure and thereafter proceeds in good faith and with due diligence to remedy and correct such failure within a reasonable period of time; provided, however, that such period shall not extend for more than ninety (90) days after the date of the City's notice to Underline.
(ii) In the event Underline fails to cure any Default within the required timeframe, City may send DocuSign Envelope ID: EC1CB711-1CB7-4794-A024-867016A8308B DocuSign Envelope ID: 6497FF7A-2033-4C44-823A-456BADF8CA94 Underline notice that it intends to terminate this Agreement for cause (“Written Notice”), subject to the following dispute resolution provisions that shall be applicable at the request of the Underline:
a. The Parties shall hold a meeting attended by representatives of City and Underline with sufficient authority regarding the dispute to attempt to negotiate in good faith a resolution to the Default (the “Formal Initial Meeting”). The meeting shall be held promptly, but in no event later than thirty (30) days after the Written Notice. Such meeting shall not be deemed to reduce or eliminate the obligations and liabilities of the Parties or be deemed a waiver by a Party of any remedies to which such Party would otherwise be entitled, unless otherwise agreed to by the Parties in writing.
b. If, within thirty (30) days after such meeting, the Parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the matter to non-binding mediation and to bear equally the costs of mediation.
c. The Parties will jointly appoint a mutually acceptable mediator; if they fail to do so within thirty (30) days from the conclusion of the Formal Initial Meeting, they shall each select a mediator. The two mediators will then appoint a third mediator who shall, as the sole mediator, conduct mediation for the Parties.
d. The Parties will schedule the mediation for a date within thirty (30) days after selection of the mediator(s). The Parties agree to participate in good faith in the mediation and negotiations related thereto for a period of thirty (30) days after the start of mediation. The substantive and procedural law of the State of California shall apply to the proceedings. e. If the Parties are not successful in resolving the dispute through mediation, then the Parties shall be free to litigate the matter, and agree that in the event of such litigation, the exclusive venue for such litigation shall be the Superior Court of Monterey County, California or, if necessary for exclusive federal questions, the United States District Court for the Northern District of California.
f. During the pendency of any dispute or appeal, the agreement and permits shall remain in effect and Network shall remain in place. Notwithstanding the above, the City may order the removal of Network equipment and/or the cessation of operations during the pendency if it determines that failure to do so would result in immediate harm to public health and safety.
(iii) Termination of this Agreement for any other reason shall require the mutual consent of both parties.
7. DEFINITIONS
Terms used in this Agreement shall have the same meaning as those terms are used and defined in the Service Agreement. For the avoidance of doubt and convenience of reference, the following terms shall have the following meanings:
(i) “Cabinet” means an above ground structure used to store, terminate, splice or transfer fiber optic cable, network electronics, patch panels, and switches. (ii) “Fiber” means the fiber optic cable and/or conduit to be installed by Underline, whether aerial DocuSign Envelope ID: EC1CB711-1CB7-4794-A024-867016A8308B DocuSign Envelope ID: 6497FF7A-2033-4C44-823A-456BADF8CA94 or underground, comprising the optical fiber components of the Network as deployed and as may be changed from time to time.
(iii) “Network” means all components of a system designed to provide Broadband Internet Service, including Fiber, Cabinets, conduits, connectors, wireline and wireless transmitters, Vaults, appliances, splitters, apparatus, and other related components and appurtenances. (iv) “Vault” means a buried box, with a lid that is even with the surface of the ground, used to store, terminate, splice, or transfer fiber optic cable.
8. AMENDMENT
This Agreement may not be modified or amended except by a written agreement executed by the Parties.
9. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
CITY OF SALINAS
________________________________
Kimbley Craig, Mayor
APPROVED AS TO FORM:
_____________________________________
Christopher A. Callihan, City Attorney
ATTEST:
____________________________________
Patricia M. Barajas, City Clerk
UNDERLINE MONTEREY, LLC
_____________________________________
Robert Thompson, Chief Executive Officer
DocuSign Envelope ID: EC1CB711-1CB7-4794-A024-867016A8308B DocuSign Envelope ID: 6497FF7A-2033-4C44-823A-456BADF8CA94 1 LICENSE AGREEMENT FOR
WIRELESS INSTALLATIONS ON PUBLIC STRUCTURES
This License Agreement for Wireless Installations on Public Structures (“Agreement”) is made and entered into as of this 14th day of June, 2022 (the “Effective Date”), by and between the CITY OF SALINAS, a California charter city and municipal corporation (“LICENSOR”) and UNDERLINE MONTEREY, LLC, a Delaware limited liability company (“Licensee”).
RECITALS
WHEREAS, on December 14, 2021, LICENSOR and Licensee entered into a Network Deployment and Service Agreement, including a License Agreement (collectively the “Deployment Agreements”), for Licensee to construct and operate an open-access fiber network within the public rightof-way; and WHEREAS, the execution of the Deployment Agreements was consistent with a goal and priority of the LICENSOR to establish a broadband network to serve the needs of the City’s residents and businesses; and
WHEREAS, under an open-access network, Licensee, as a broadband access provider, will deploy network infrastructure and provision its proprietary software-based marketplace where numerous service providers can be empowered to compete to provide services, and customers can select desired services based on clear, accurate and competitive service options; and WHEREAS, while part of the broadband network will be designed to provide fiber to the home, part of the network will utilize wireless antenna equipment and facilities to provide service, where attachment to and use of LICENSOR streetlight poles and other structures would be efficient and beneficial; and
WHEREAS, accordingly, Licensee seeks the right to attach Wireless Installations to certain Structures and to utilize certain Infrastructure upon the terms and conditions set forth below and consistent with the Deployment Agreements; and
WHEREAS, LICENSOR is willing to accommodate Licensee’s non-exclusive use of such Structures and Infrastructure in accordance with Laws and the terms and conditions of this Agreement and consistent with the Deployment Agreements; and
WHEREAS, any capitalized terms in this Agreement shall have the meaning ascribed to them in Exhibit 1 attached hereto and incorporated herein by reference.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, receipt of which is hereby conclusively acknowledged, the Parties agree as follows:
1. GRANT OF LICENSE
1.1 Grant of License. LICENSOR hereby grants Licensee a non-exclusive, revocable license for Licensee’s use of Licensed Sites throughout the City of Salinas, and provides the right, as necessary, to utilize, replace or upgrade LICENSOR’s Structures and Infrastructure in accordance with the terms and conditions of this Agreement, as provided herein, and as provided in the individual Site Licenses signed by LICENSOR pursuant to this Agreement. The license granted herein is revocable only in accordance with the terms and conditions of the Agreement. No use of LICENSOR’s Structures or Infrastructure under this Agreement shall create or vest in Licensee any ownership or property rights in such Structures or Infrastructure. Nothing in this Agreement grants Licensee the right to make any Wireless Installation, or to install other facilities, including Wireless Installations, that do not conform to this Agreement.
1.2. Permitted Use. Licensee may use LICENSOR’s Structures and Infrastructure for the Permitted Use, subject to the terms and conditions of this Agreement.
1.3 Agreement Term. This Agreement shall commence as of the Effective Date, and, if not lawfully terminated sooner, remain in full force and effect for the Agreement Initial Term. This Agreement DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 2 will automatically renew for one (1) five (5) year renewal term, unless Licensee provides written notice of termination to LICENSOR at least ninety (90) days prior to the expiration of the Agreement Initial Term.
Notwithstanding the above, Licensee may, at its sole discretion, elect to renew this Agreement in three (3)- year increments, provided that the Deployment Agreements between Licensee and LICENSOR remain in force and effect.
1.4 Site License Term. The term for each individual Site License shall commence on the Commencement Date and shall be coterminous with the Term of this Agreement. Subject to the terms of Section 13.5 of this Agreement, following the expiration of this Agreement, each Site License entered into hereunder shall survive and continue for an additional period of five (5) years thereafter (the “Amortization Period”). No Amortization Period shall be provided if this Agreement is terminated pursuant to Section
13.4(c) or 13.4(d) of this Agreement.
2. SCOPE OF LICENSE
2.1 Scope of License Generally. LICENSOR acknowledges that Existing Laws specify the appropriate level of RF Emissions, as well as prohibit LICENSOR from enacting any policies which prohibit or effectively prohibit the installation of wireless telecommunications networks. Licensee shall not have a presumed right to construct Wireless Installations at the time and place of its choosing unless it can demonstrate to the satisfaction of the LICENSOR that, due to peculiarities of the requested Licensed Site, it is impractical to comply with the requirements of this Agreement. In that scenario, LICENSOR and Licensee shall work together to identify Licensed Sites and Wireless Installations that will achieve the highest degree of compliance possible while not effectively prohibiting installation.
2.2 Standards for Construction. Except as provided in Section 2.1, above, Licensee shall install all Wireless Installations and Infrastructure in accordance with the following:
(a) Wireless Installations and Infrastructure shall be installed in accordance with LICENSOR’s “Dig Once” Policy, including requirements for method of installation and notification of third parties. Licensee acknowledges that it may be necessary to utilize existing conduit or fiber lines if Infrastructure serving a proposed Wireless Installation cannot otherwise be installed without violating LICENSOR’s “Dig Once” Policy.
(b) Design of Wireless Installations and Infrastructure. Wireless Installations and Infrastructure shall be installed in accordance with the Design Standards specified in City Regulations, as they may be amended from time-to-time. Current City Regulations include City of Salinas Resolution No. 21580, a copy of which is attached hereto as Exhibit 2.
2.3 Pre-Approved Designs. Licensee may request that LICENSOR approve designs where both Licensee and LICENSOR mutually agree that the design would have broad applicability throughout the city. The City Manager or his/her designee shall have the authority to approve of these designs. This approval may include restrictions regarding the geographic area, type of Structure, and/or types of adjacent land uses for which the Pre-Approved Design is appropriate. Once a Pre-Approved Design has been approved by LICENSOR, Licensee may continue to utilize this design in future Permit applications. Items covered by the Pre-Approved Design shall be deemed compliant by LICENSOR unless specifically prohibited by Law (including any New Law). Further, applications utilizing Pre-Approved Designs shall be eligible for Expedited Processing, as defined in Section 4.3 below.
3. CHARGES, BILLING AND PAYMENT
3.1 Annual License Payment.
(a) Licensee shall pay LICENSOR Seven-Hundred Fifty and No/100 Dollars ($750.00) per Wireless Installation located at a Licensed Site (the “License Payment”). The License Payment is per Wireless Installation, and includes all Structure, Infrastructure, appurtenant equipment and facilities used in connection with each Wireless Installation. (i) Payments will normally accrue on July 1st of each year for the upcoming year DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 3 running July 1st to June 30th. The License Payment for newly constructed Wireless Installations is due within 60 days of the Commencement Date at the Licensed Site and will be prorated for the remainder of the Fiscal Year through June 30th based on a 360-day calculation. (ii) Notwithstanding the foregoing, the Parties acknowledge that this License Payment is prohibited under the Federal Communications Commission’s Declaratory Ruling and Third Report and Order, FCC 18-133 (the “Order”), and is not collectible while said Order is in effect. Licensee shall not be required to submit License Payments so long as said Order remains in effect and continues to prohibit said License Payments. In the event that said Order is reversed, repealed, amended, or modified (collectively, a “Modification”) by the FCC, Federal Government, court, or other governmental body of competent jurisdictions in such a manner that the City is legally permitted to collect this License Payment (or a portion thereof), License Payments for each Wireless Installation shall be due on a prorated basis in the manner described in subsection (a) above as of the effective date of said Modification; provided, however, that if, within 90 days of the effective date of said Modification, enforcement of the Modification is enjoined, or if the Modification is stayed on appeal, the License Payment shall continue to be abated until such time as the injunction is lifted or pending appeal is fully adjudicated, as applicable. If said Modification is enjoined or stayed as described above more than 90 days following the effective date of said Modification, then License Payments shall be due on a pro-rated basis (based on a 360-day calculation) for the time period between the effective date of the Modification and the effective date of the injunction or stay.
(iii) LICENSOR shall have no right to collect, and hereby forfeits, any License Payments which would otherwise be due prior to the effective date of the Modification. (b) In addition to the License Payments, Licensee is also required to pay an annual monitoring fee (the “Monitoring Fee”), which is currently set at Two Hundred Seventy and No/100 Dollars ($270.00) pursuant to City of Salinas Resolution No. 21581, a copy of which is attached hereto as Exhibit
3. If the Licensee is required to pay both an ongoing annual Monitoring Fee and a License Payment, the amount of the License Payment shall be reduced by an amount equal to the Monitoring Fee paid, up to a maximum of fifty percent (50%) of the License Payment due. In no case shall the Monitoring Fees be waived, nor the License Payment be reduced by more than fifty percent (50%) of its then-current amount.
In the event that a subsequent legal or regulatory requirement becomes effective that would constrain or otherwise limit the Fees that the City may charge Licensee for the right to place Wireless Installations on the City’s Structures, the parties agree that the Fees shall again be adjusted to comply with such legal or regulatory requirement upon its effective date.
(c) If LICENSOR enters into any agreement with or accepts an application from another entity for the lease or license of a Structure or Infrastructure that is substantially similar in build, location, and use to the Structures and Infrastructure covered by this Agreement for the construction, operation, maintenance, repair or replacement of a Wireless Installation, and that agreement places Licensee, in its discretion, at a competitive disadvantage in light of the rates and terms and conditions established in this Agreement, LICENSOR agrees (following receipt of written notice from Licensee) to promptly negotiate with Licensee in good faith to review and revise the rates and/or terms and conditions in this Agreement, as necessary, to reasonably address such disadvantage. (d) On July 1st of each year during the Term of all Site Licenses, the License Payment due for the upcoming year shall increase by two-and-one-half percent (2.5%) over the License Payment paid during the previous year.
3.2 Payment of Fees. LICENSOR retains the right to charge fees to cover its actual costs relating to the administration of the terms of this Agreement, including, but not necessarily limited to, Permit Application Fees, Inspection Fees, and ongoing Monitoring Fees. These fees shall be adopted by the LICENSOR’s City Council. Upon request, LICENSOR shall provide to Licensee any analysis performed to demonstrate that these fees represent LICENSOR’s actual costs, provided, however, that Licensee shall not question any Fee amounts equal to or less than those deemed reasonable by Law. In the event that a subsequent legal or regulatory requirement becomes effective that would constrain or otherwise DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 4 limit the Fees that the LICENSOR may charge Licensee for the right to place Wireless Installations on the LICENSOR’s Structures, the parties agree that the Fees shall again be adjusted to comply with such legal or regulatory requirement upon its effective date.
3.3 License Payments and Fees for new Licensed Sites. Licensee shall submit the first annual Monitoring Fee payment and first License Payment (as applicable pursuant to Sections 3.1 and 3.2 above) for each functioning Licensed Site within sixty (60) days of the Commencement Date at the Licensed Site (prorated for the period between the Commencement Date and June 30th of that year).
3.4 Annual Billing and Payment Generally. License Payments and Fees due on an annual basis shall be due on September 1 of each year unless otherwise specified. Payments received after this date shall be subject to a 1% penalty on the unpaid balance, with an additional 1% penalty accrued on the first day of every following month.
4. PERMITTING PROCESS
4.1 Potential Licensed Site Pre-Application. At its discretion, prior to submitting a formal application for any Licensed Site, Licensee may submit to LICENSOR a list of potential Licensed Sites to LICENSOR. LICENSOR shall promptly review said list to identify any sites that, in the reasonable opinion of LICENSOR, includes specific characteristics which make the installation of Licensee’s Structures and Equipment inappropriate for that location. Information to be submitted shall include the information identified in Exhibit 4 of this Agreement (in a form to be provided by LICENSOR), as well as a recent photograph of the Structure and a visual representation of the design of the Wireless Installation. Criteria used to determine whether a potential Licensed Site is appropriate may include, but is not necessarily limited to:
(a) The type of Structure (e.g., street light) upon which the Wireless Installation will be mounted;
(b) The existence of physical characteristics of the Licensed Site or Structure which render infeasible the addition of LICENSOR’s Structures in a safe or effective manner; (c) The presence of an existing Wireless Installation on the Structure; (d) The current or planned use of the Structure by LICENSOR; (e) The creation of any significant aesthetic impacts to a streetlight utilizing a non-standard or decorative design (unless the Wireless installation employs design features that in the reasonable opinion of LICENSOR successfully mitigates any adverse aesthetic impacts); or
(f) The necessity of performing underground work to support the Wireless Installation when such work is prohibited by LICENSOR’s “Dig Once” Policy.
Information provided to the Licensee pursuant to this process shall not be deemed to constitute an “approval” or “denial,” but is instead designed to alert the Licensee to issues which may have an impact on the outcome of a Permit request.
4.2 Processing of Licensed Site Pre-Application. Unless Laws provide otherwise, LICENSOR shall notify Licensee within 15 working days whether there are any known factors, including those above, which would render a Wireless Installation inappropriate at a given Structure. If more than ten Wireless Installations are requested within this 15-working-day period (whether submitted at once or over a period of time), the notification period shall be increased by one day for each additional Wireless Installation requested, provided also that LICENSOR shall always have a minimum of 15 working days from the date of submittal to the date of response.
4.3 Permitting. At any desired time, Licensee may submit a Small Wireless Facility Encroachment Permit (“SWFEP”) application for each Wireless Installation to LICENSOR in a form DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 5 provided by LICENSOR. LICENSOR shall make available to Licensee a written list of materials and information necessary to be included with the submitted application to enable LICENSOR to expeditiously process the application. SWFEP applications shall be processed in accordance with all lawful City policies and regulations, including those regarding processing times and appeal procedure, as such may be amended from time-to-time (“City Regulations”). Current City Regulations are attached as Exhibit 2 of this Agreement. Licensee will identify in the SWFEP Application any LICENSOR Work it believes needs to be performed in connection with Licensee’s use of the Structure and/or Infrastructure. The SWFEP Application review will include an evaluation of whether the site is appropriate for a Wireless Installation utilizing the same criteria described in Sections 2.2 and 4.1 of this Agreement. The Licensee shall also include the appropriate Permit Application Fees as adopted and published by LICENSOR. LICENSOR will process each of these applications and, if the application is found to be complete, shall render a decision within 30 calendar days of receipt. As used in this Agreement, “Expedited Processing” shall mean an application that involves a Wireless Installation and Structure utilizing a Pre-Approved Design in accordance with this Agreement. Applications eligible for Expedited Processing shall be processed by LICENSOR within 10 working days of receipt at no additional cost. In the event a large number of applications are submitted within a short time period, LICENSOR may notify Licensee of its inability to meet this timeframe, and shall notify Licensee of the expected date of completion.
4.4 Inspection of Permitted Licensed Site. Upon approval of a SWFEP, Licensee shall remit to LICENSOR any required Inspection and/or prorated Monitoring Fees. Upon payment of these Fees, Licensee may commence construction of the Wireless Installation. No work requiring a Permit shall begin until Permits have been obtained. At the required intervals during construction, and upon completion of work, Licensee shall request, and LICENSOR will cause to be performed, inspections of the work actually done to ensure compliance with appropriate Permits and Ordinances. Licensee shall cause to be prepared an analysis indicating that the Wireless Installation does not cause ambient RF Emissions to exceed thresholds established by the FCC in any locations that may be reasonably expected to be accessed by the public, including nearby private property such as homes and businesses. Upon approval of the final inspection for the installation of the Wireless Installation, a Site License from LICENSOR to Licensee shall be immediately granted for the Wireless Installation, and LICENSOR shall within five business days provide written certification of this Site License to Licensee in the form attached as Exhibit 5. Delivery shall be made to Licensee’s point of contact provided in this Agreement unless Licensee requests an alternative delivery arrangement.
4.5 Ongoing Monitoring. LICENSOR may enact such reasonable policies, programs, and requirements as it deems appropriate to document that requirements relating to maintenance, aesthetics, RF Emissions, and other requirements are being met, provided such policies, programs, and requirements are non-discriminatory, competitively neutral, and otherwise consistent with applicable Law.
4.6 Modifications and Replacements. Except for any Wireless Installation installed upon a decorative Structure or upon a Structure located within either a scenic or historic district, subsequent to the original Wireless Installation approved by LICENSOR, Licensee may, without submitting a new application, modify or replace all or a portion of the Wireless Installation so long as such modification or replacement is consistent with the criteria specified in Exhibit 2.
5. LICENSOR WORK FOR STRUCTURES AND INFRASTRUCTURE
5.1 LICENSOR Work. At the time of approving the SWFEP, LICENSOR will advise Licensee whether LICENSOR is willing to perform LICENSOR Work identified in the SWFEP application. If LICENSOR indicates it is willing to perform the LICENSOR Work, LICENSOR will provide Licensee with a LICENSOR Work Cost Estimate within fourteen (14) days of the approval of the SWFEP, unless Laws provides a different deadline. Licensee shall have sixty (60) days from the receipt of such a LICENSOR Work Cost Estimate to accept the estimate, unless Laws provide a different deadline.
5.2 LICENSOR Work Timeline. LICENSOR will begin LICENSOR Work promptly after it has received Licensee’s Approved LICENSOR Work Cost Estimate and full payment thereof and complete DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 6 all LICENSOR Work within sixty (60) days thereafter. If LICENSOR does not indicate that it is willing to perform the LICENSOR Work, Licensee may perform the LICENSOR Work itself.
5.3 LICENSOR Work Reconciliation. If the actual and reasonable costs incurred by LICENSOR in completing a LICENSOR Work exceed the pre-paid Approved LICENSOR Work Cost Estimate, Licensee shall pay LICENSOR the shortfall amount of such costs within ninety (90) days of receipt of the invoice accompanied by reasonable substantiation. If such LICENSOR Work costs are less than the pre-paid Approved LICENSOR Work Cost Estimate, LICENSOR will refund the excess LICENSOR Work payment to Licensee within ninety (90) days following completion of the LICENSOR Work. No interest shall accrue on any Licensee overpayment or underpayment for LICENSOR Work
5.4 Costs To Rearrange/Adjust Facilities of Others. If a Person, other than LICENSOR, must rearrange or adjust any of its facilities to accommodate a new Wireless Installation, Licensee shall coordinate such activity at Licensee’s sole expense; provided, however, that Licensee shall not be responsible for any third-party or LICENSOR costs necessary to correct third party or LICENSOR attachments that are non-compliant with Laws.
6. GENERAL LICENSEE OBLIGATIONS
6.1 Technical Requirements and Specifications. At its own expense, Licensee shall erect, install, repair and maintain its Wireless Installations in safe condition and good repair in accordance with (a) the requirements and specifications of Building, Electrical, and other Safety Codes; (b) LICENSOR’s reasonable standards, and (c) any current or future rules or orders of the FCC, the State public utility commission, or any other federal, state or local authority having jurisdiction. Changes to the requirements, specifications, standards, rules and orders in subsections (a), (b) and (c) shall not apply retroactively unless required by Laws, and LICENSOR shall give at least sixty (60) days’ written notice of changes to the standards in subsection (b).
6.2 No Liens. Licensee will not allow to exist any lien with respect to any Structure or Infrastructure or other LICENSOR property or facility resulting from any work performed by or on behalf of Licensee pursuant to this Agreement, or any act or claim against Licensee or any of its contractors, agents, or customers. Licensee will, at its sole expense, promptly bond or otherwise discharge any such lien within thirty (30) days of receipt of written notice form LICENSOR of the existence of such lien.
6.3 Worker Qualifications; Responsibility for Agents and Contractors. Each Party shall ensure that its employees, agents or contractors which perform work in furtherance of this Agreement are adequately trained and skilled to access Structures and Infrastructure in accordance with all applicable industry and governmental standards and regulations.
7. UTILITIES.
7.1 Utilities. Licensee shall be solely responsible for arrangement and payment for electric service necessary in connection with Wireless Installations. Licensee shall be responsible for obtaining electrical service for the Wireless Installation, whose electrical usage shall be separately metered.
8. OPERATION AND MAINTENANCE
8.1. RF Emissions. Licensee’s operation of its Wireless Installations shall comply with all FCC regulations regarding RF emissions and exposure limitations. Licensee is allowed to install signage and other mitigation, such as a power cut-off switch on Structures, to enable workers and third parties to avoid excess exposure to RF emissions. Licensee shall design and place signage to minimize visual and aesthetic impacts while ensuring proper notification of affected persons. Except in an Emergency, LICENSOR’s authorized field personnel will contact Licensee’s designated point of contact with reasonable advance notice, but in no event less than one (1) business day in advance, to inform Licensee of the need for a temporary power-shut-down. In the event of an unplanned outage or cut-off of power or an Emergency, the power-down will be with such advance notice as practicable. Once the work has been completed and the worker(s) have departed the exposure area, the party who accomplished the power-down shall restore power and inform Licensee as soon as possible that power has been restored. The Parties acknowledge that DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 7 they understand the vital nature of Licensee’s Wireless Installations and agree to limit the frequency of power-downs and to restore power as promptly as much as reasonably possible.
8.2 Interference.
(a) Licensee will operate its Wireless Installations in compliance with all FCC regulations regarding Interference with the radio signal transmissions of LICENSOR and other third parties in or upon a Structure, which transmissions are operated in compliance with Laws. (b) Unless required by Law, LICENSOR will not grant after the date of this Agreement a permit, license or any other right to any third party if, at the time such third party applies to use a Structure or Infrastructure, LICENSOR knows or has reason to know that such third party’s use may cause Interference with the Licensee’s existing Wireless Installations, Licensee’s use of the Structure or Infrastructure, or Licensee’s ability to comply with the terms and conditions of this Agreement. (c) LICENSOR will not, nor will LICENSOR permit its employees, tenants, licensees, invitees, agents or independent contractors to cause Interference with Licensee’s existing Wireless Installations, Licensee’s use of the Structure or Infrastructure, or Licensee’s ability to comply with the terms and conditions of this Agreement, except as provided herein. If Licensee reasonably determines that Interference is occurring, then LICENSOR will meet and confer with Licensee within five (5) days of LICENSOR’s receipt of notice of Interference from Licensee, and otherwise diligently work in good faith with Licensee to determine the root cause of the Interference and to develop workable solutions to resolve the Interference in a mutually acceptable manner.
9. RELOCATION AND ABANDONMENT
9.1 Relocation for Public Improvement Projects. In the event LICENSOR desires to replace, relocate, modify, demolish, or in any way alter the Structure and/or Infrastructure in connection with a Public Improvement Project in a manner likely to cause Interference with Licensee’s Wireless Installation, LICENSOR shall have the right to cause Licensee to relocate the Wireless Installation subject to the terms and conditions set forth herein; provided, however, LICENSOR shall use reasonable efforts to fully accommodate Licensee's continuing use of the Structure and/or Infrastructure, as the case may be, without relocation if it is reasonably possible to do so.
(a) Relocation. If LICENSOR’s Public Improvement Project requires Licensee to relocate its Wireless Installation from all or any portion of the Structure and/or Infrastructure, LICENSOR shall have the right to require Licensee to relocate the Licensed Space upon the following terms and conditions: (i) LICENSOR shall deliver to Licensee a Relocation Notice to relocate the Wireless Installation; (ii) LICENSOR shall work with Licensee to identify potential Relocation Licensed Sites to assist Licensee in finding a Relocation Licensed Site which provides substantially similar signal coverage for the Wireless Installation as that of the Licensed Site being relocated; (iii) such relocation will be performed exclusively by Licensee with costs allocated in accordance with Laws; (iv) Licensee may operate a temporary cell site (if feasible in a mutually agreeable location in the vicinity of the Licensed Space) during such relocation with no additional Fee due to LICENSOR; and (v) the License Payments applicable to such Licensed Space shall abate until the Wireless Installation achieves full on-air operation in the ordinary course of Licensee’s business in the Relocation Licensed Space. Licensee shall not be required to pay any additional application, review or other LICENSOR Fees in connection with any relocation initiated by LICENSOR; or, if Licensee is required to pay said Fees, LICENSOR shall reimburse Licensee for the amount of said Fees, either through a direct payment or a reduction in License Payments. If Licensee does not desire to establish a relocated site, then Licensee shall have the right to terminate the applicable Site License, and Licensee shall not be responsible for any License Payments or Fees following the date of termination.
(b) Relocation In The Event of An Emergency. Notwithstanding Section 9.1(a) above, in the event of an Emergency, LICENSOR will endeavor to provide as much notice to Licensee for the relocation of the Wireless Installation as warranted by the circumstances pertaining to the Emergency.
DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 8 9.2 Abandonment. If LICENSOR determines to Abandon any Structure and/or Infrastructure and LICENSOR so determines that the Structure and/or Infrastructure does not need to be permanently removed for reasons of public safety or security, then LICENSOR shall give Licensee ninety (90) days’ prior written notice of LICENSOR’s intent to Abandon the Structure or Infrastructure, as the case may be.
Within such time, Licensee may (a) remove or otherwise dispose of its Wireless Installations at which time the Site License shall automatically terminate without further liability to Licensee, or (b) elect to acquire title to the Structure and/or Infrastructure at no cost to Licensee in “as is, where is” condition. If Licensee elects to acquire title, then LICENSOR shall promptly execute and deliver a bill of sale and assignment transferring the Structure and/or Infrastructure to Licensee in “as is, where is” condition subject only to LICENSOR’s representation and warranty that LICENSOR is the sole owner, and LICENSOR owns the Structure or Infrastructure, as the case may be, free and clear of any liens, leases, licenses or other thirdparty rights or encumbrances. Licensee shall be under no obligation to provide, maintain or repair lighting or any other public service on any Structure or Infrastructure which Licensee may elect to acquire title from LICENSOR.
10. INSURANCE
10.1 Certificate of Insurance. Licensee shall at its sole expense maintain the insurance coverage and limits required by this Section during the Term of this Agreement. Licensee agrees to procure the required insurance from an insurance company having and maintaining an A.M. Best rating of at least A VII and deliver to LICENSOR a Certificate of Insurance evidencing the types of insurance and policy limits required.
10.2 Required Insurance. Licensee shall maintain the following insurance:
(a) Workers’ Compensation and Employer’s Liability insurance as required by statute, which currently require Employer’s Liability limits of $500,000 each accident, $500,000 by disease policy limits, and $500,000 by disease each employee. To the extent allowed by Laws, the policy must include a blanket waiver of subrogation in favor of LICENSOR.
(b) Commercial General Liability insurance written on Insurance Services Office (ISO) Form CG 00 01 or a substitute form providing equivalent coverage, with limits of:
$2,000,000 General Aggregate Limit
$1,000,000 Each Occurrence
$1,000,000 Each Occurrence - Personal Injury and Advertising Injury $2,000,000 Products/Completed Operations Aggregate Limit The required Commercial General Liability policy must include LICENSOR as an additional insured on a primary and non-contributory basis and a waiver of subrogation in favor of LICENSOR.
(c) Business Automobile Liability insurance with limits of $1,000,000 Combined Single Limit for each Accident for Bodily Injury and Property Damage, extending to all company owned, leased, and non-owned vehicles.
10.3 Notice of Cancellation. Licensee may meet the required insurance coverage and limits with any combination of primary and umbrella/excess liability insurance. Licensee shall provide at least thirty (30) days advance written notice of cancellation or non-renewal of any required insurance that is not replaced. Notwithstanding the foregoing, Licensee may self-insure the required insurance under the same terms and conditions as outlined above.
11. LIMITATION OF LIABILITY.
11.1 Limitation of Liability. Notwithstanding any provision of this Agreement to the contrary, in no event shall either party be liable for consequential, incidental, punitive, exemplary or indirect damages suffered by the other party or by any customer or any purchaser of such party or any other person, for lost DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 9 profits or other business interruption damages, whether by virtue of any statute, in tort or in contract, except that the express indemnification obligations made by the parties in Section 12 of this Agreement shall still apply.
12. INDEMNIFICATION
12.1 Indemnification By Licensee. To the extent permitted by Laws, Licensee shall indemnify, hold harmless and, at LICENSOR’s sole option, defend LICENSOR Indemnitees, and each of them, from and against any and all liabilities, damages or claims for damage, including but not limited to all actual and reasonable costs, attorneys’ fees, and other charges and expenditures that LICENSOR Indemnitees, or any of them, may incur, asserted by third parties against LICENSOR Indemnitees, or any of them, by reason of the negligent installation, operation, use, repair, or removal of Wireless Installations or breach of the terms of this Agreement by Licensee, including acts or omissions by its agents, contractors, or subcontractors, except to the extent that such liabilities, damages or claims are a result of the negligence or willful misconduct of LICENSOR Indemnitees, or any of them.
12.2 Indemnification By LICENSOR. To the extent permitted by Laws and except for the waiver of subrogation granted by Licensee under Section 10.2(a) above, LICENSOR shall indemnify, hold harmless and, at Licensee’s sole option, defend Licensee Indemnitees, and each of them, from and against any and all liabilities, damages or claims for damage, including but not limited to all actual and reasonable costs, attorneys’ fees, and other charges and expenditures that Licensee Indemnitees, and any of them, may incur, asserted by third parties against Licensee Indemnitees, or any of them, by reason of the negligent installation, operation, use, repair, or removal of LICENSOR’s Structures and/or Infrastructure or breach of the terms of this Agreement by LICENSOR, including acts or omissions by its agents, contractors, or subcontractors except to the extent that such liabilities, damages or claims are a result of the negligence or willful misconduct of Licensee Indemnitees, or any of them.
13. DEFAULT AND TERMINATION
13.1 Licensee’s Default and LICENSOR’s Remedies. If Licensee does not cure its Default, then thereafter LICENSOR may elect any of the following remedies:
(a) suspend Licensee’s access to the Structure or Infrastructure to which the Default pertains;
(b) terminate the specific Site License or affected portion thereof covering the Structure(s) or Infrastructure to which the Default pertains; (c) require Licensee’s obligation to which the Default has been declared to be specifically performed;
(d) maintain an action at law against Licensee for damages directly incurred by LICENSOR arising directly from Licensee’s uncured Default; and/or (e) terminate this Agreement in accordance with Section 13.4 and 13.5, below.
13.2 LICENSOR’s Default and Licensee’s Remedies. If LICENSOR does not cure its Default, then thereafter, Licensee may elect to pursue any rights or remedies available to Licensee at law or in equity, including termination of this Agreement as described in Section 13.3.
13.3 Licensee Termination of Site License or Agreement. (a) This Agreement or any individual Site License may be terminated by Licensee for any reason or no reason, and without further liability to Licensee, at any time.
13.4 LICENSOR Termination of Agreement. LICENSOR may terminate this Agreement only for the following reasons:
(a) LICENSOR has notified Licensee in accordance with the provisions of Section 2.1 of this Agreement that it does not wish to renew the Agreement for an additional Renewal Term; DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 10 (b) LICENSOR’s costs for the implementation and administration of this Agreement exceed its revenues in doing so, and Licensee is unwilling or unable to cover LICENSOR’s actual costs.
Such costs shall be calculated pursuant to a cost study which has been reviewed, adopted and approved by LICENSOR’s City Council and is not subject to further appeals or subject to a complaint before a competent regulatory agency or court;
(c) Licensee is in Default of this Agreement beyond the applicable cure period and no less severe remedy would have the effect of curing the Default. Notwithstanding the foregoing, LICENSOR shall not terminate this Agreement if Licensee has commenced to cure the alleged failure to perform within the applicable cure period, and thereafter such efforts are promptly prosecuted to completion with reasonable diligence. Delay in curing an alleged failure to perform will be excused if due to an Event of Force Majeure; or
(d) LICENSOR discovers that Licensee has engaged in particularly egregious or severe activity demonstrating its unwillingness or inability to implement this Agreement in good faith.
Examples of this would include, but not necessarily be limited to, knowingly engaging in activity that places unacceptable risks upon Salinas residents or visitors, knowingly submitting documents or other materials containing false information to the LICENSOR, or knowingly withholding information from LICENSOR when such information is pertinent to the health and physical well-being of residents and visitors of Salinas.
13.5 Effect of Termination.
(a) Upon termination of this Agreement due to its natural expiration, voluntary termination by Licensee, or termination by LICENSOR pursuant to Section 13.4(a) or 13.4(b) of this Agreement, LICENSOR’s obligations under this Agreement to issue any new Site License shall immediately terminate. Licensee shall have the right to continue to maintain and operate any Wireless Installations which have already been granted a Site License for the applicable five-year Amortization Period. All other provisions of this Agreement, including the requirement to pay License Payments and Monitoring Fees, as well as definitions and remedies for Default, shall remain in force and effect during the Amortization Period.
(b) Upon expiration of a period of five years from the Termination Date if the Agreement is terminated pursuant to Section 13.5(a), above, or immediately if the Agreement is terminated pursuant to Section 13.4(c) or 13.4(d) of this Agreement, Licensee shall immediately cease its use of all Structures and Infrastructure constructed pursuant to this Agreement. Licensee shall, at its own expense, remove all Wireless Installations from LICENSOR Structures within 90 calendar days unless both Parties mutually agree in writing to an alternate arrangement. Additionally, Licensee shall, at its own expense, repair any damage to the Structure or Infrastructure caused by its Wireless Installations, including the patching of holes created by screws. License Payments and Fees due to LICENSOR shall continue to accrue for each Wireless Installation until its removal. License Payments already made to LICENSOR shall be non-refundable; however, Licensee may, after the removal of any Structure and Infrastructure, request a refund of Fees paid for any services not actually performed by LICENSOR.
14. CASUALTY.
14.1 Casualty. In the event of damage to a Structure and/or Infrastructure due to a Casualty Event that cannot reasonably be expected to be repaired within forty-five (45) days following such Casualty Event or which LICENSOR elects not to repair, or if such Casualty Event is reasonably expected to disrupt Licensee’s operations on the Structure and/or Infrastructure, for more than forty-five (45) days, then Licensee may, at any time following such Casualty Event:
(a) terminate the applicable Site License or affected portion thereof upon fifteen (15) days’ written notice to LICENSOR;
(b) place a temporary facility, if feasible, at a location equivalent to Licensee’s current use of the Structure and/or Infrastructure, as the case may be, until such time as the Structure and/or Infrastructure is restored and the Wireless Installation is returned to full on-air operation in the ordinary course of Licensee’s business; or
DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 11 (c) submit a new SWFEP for an alternate location equivalent to Licensee’s current use of the Structure and/or Infrastructure.
14.2 Termination by Licensee. If Licensee elects to terminate the Site License as a result of a Casualty Event, then Licensee shall notify LICENSOR of this, and Licensee shall not be responsible for any unpaid License Payments or Fees following the date of disestablishment. Licensee will be entitled to collect all insurance proceeds payable to Licensee on account thereof.
15. MISCELLANEOUS PROVISIONS
15.1 Notices. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows:
If to Licensee (including invoices):
VP Network Construction & Operations
Lance Addison
[email protected]
If to LICENSOR:
City Manager
City of Salinas
200 Lincoln Avenue
Salinas, CA 93901
With a copy to the Underline Legal Department:
Underline General Counsel
Mark J. Kropilak
[email protected]
With a copy to the Legal Department:
City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, CA 93901
Contact Number for Day-to-Day Operation:
LICENSOR: (831) 758-7362
Licensee: (612) 961-4799
Any Party may change its address or other contact information at any time by giving the other Party, and Persons named above, written notice of said change.
15.2 Force Majeure. Time periods for performance under this Agreement shall be deemed extended day for day for time lost attributable to any delay resulting from any Event of Force Majeure.
15.3 Assignment and Transfer. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of the Parties. Except as otherwise provided in this Agreement, neither Party shall assign this Agreement or its rights or obligations to any firm, corporation, individual, or other entity, without the written consent of the other Party, which consent shall not be unreasonably withheld.
Notwithstanding the foregoing, upon thirty (30) days’ written notice, either Party may assign this Agreement or its rights and obligations to (a) an Affiliate or (b) in connection with the sale or other transfer of substantially all of Licensee’s assets in the FCC market area where the Structures are located.
15.4 Compliance with Laws. Licensee and LICENSOR agree to comply with all Laws.
15.5 Applicable Law. This Agreement shall be interpreted, construed, and enforced, in accordance with the laws of the state where the Structures are located without regard to its conflict of laws principles, and, where applicable, federal law.
15.6 Waiver of Jury Trial. Each Party waives its right to a trial by jury on disputes arising from this Agreement.
DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 12 15.7 Exhibits. In the event of any inconsistency between the provisions of this Agreement and any Exhibits attached hereto, the provisions of this Agreement shall supersede the provisions of any such incorporated Exhibits unless such Exhibit specifies otherwise.
15.8 Waiver; Severability. No provision of this Agreement may be waived except in a writing signed by both Parties. The failure of either Party to insist on the strict enforcement of any provision of this Agreement shall not constitute a waiver of any provision. If any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in effect, and the Parties shall begin negotiations for a replacement of the invalid or unenforceable portion.
15.9 Survival. The terms and provisions of this Agreement that by their nature require performance by either Party after the termination or expiration of this Agreement, shall be and remain enforceable notwithstanding such termination or expiration of this Agreement for any reason whatsoever.
15.10 Entire Agreement; Amendments. This Agreement (including the Exhibits hereto) embodies the entire agreement between Licensee and LICENSOR with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous agreements and understandings, oral or written, with respect thereto. Each Party acknowledges that the other Party has not made any representations other than those contained herein. This Agreement may not be amended or modified orally, but only by an agreement in writing signed by the Party or Parties against whom any waiver, change, amendment, modification, or discharge may be sought to be enforced.
15.11 Execution in Counterparts. This Agreement may be executed in multiple counterparts, including by counterpart facsimiles or scanned email counterpart signature, each of which shall be deemed an original, and all such counterparts once assembled together shall constitute one integrated instrument.
DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 13 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the Effective Date.
CITY OF SALINAS,
a California charter city and municipal
corporation
By:
Name:
Its:
Date:
UNDERLINE MONTEREY, LLC
a Delaware limited liability company
By:
Name:
Its:
Date:
DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 Lance Addison
6/23/2022 | 1:52 PM PDT
City Manager VP Network Construction & Operations
Steven S. Carrigan
6/23/2022 | 2:04 PM PDT
Exhibit 1, Page 1
EXHIBIT 1
DEFINED TERMS
As used herein, the following capitalized terms in the Agreement have the meaning ascribed to them below. “Abandon” means to permanently relinquish ownership of a Structure and/or Infrastructure in its then existing location.
“Affiliate” means any entity that controls, is controlled by, or is under common control with a Party. “Agreement Initial Term” means an initial term of ten (10) years. “Amortization Period” refers to a period of five years following the termination of this Agreement, during which Licensee may continue to operate Wireless Installations for which a Site License has been granted pursuant to this Agreement.
“Annual Term” means a term of one (1) year.
“Approved LICENSOR Work Cost Estimate” means Licensee’s written approval of a LICENSOR Work Cost Estimate.
“Casualty Event” means any casualty, fire, act of God, or other harm affecting a Structure and/or Infrastructure which has, in whole or in part, been granted a Site License pursuant to this Agreement. “City Regulations” means Ordinances, Resolutions, or other rules or regulations adopted by the City of Salinas regulating the standards and/or conditions of placement of small-cell facilities within the public right-of-way.
“Commencement Date” means the first day of the month following the grant of a Site License by LICENSOR to Licensee in accordance with this Agreement. “Days” means calendar days. If deadline or other date falls on a non-business day (including weekends, holidays recognized by the federal government, and holidays recognized by the state where the Structure is located), that date shall be extended to the next business day. “‘Dig Once’ Policy” refers to City of Salinas Resolution No. 21080, as such may be amended from timeto-time. “Default” means the failure by a Party to perform any material term of condition of this Agreement where such failure continues for a period of more than sixty (60) days after receipt of written notice from the other Party of such failure identified with reasonable specificity as to the material term or condition of this Agreement which the Party is alleged to have failed to perform. Notwithstanding the foregoing, no Default will be deemed to exist if a Party has commenced to cure the alleged failure to perform within such sixty (60) day period, and thereafter such efforts are prosecuted to completion with reasonable diligence. Delay in curing an alleged failure to perform will be excused if due to causes beyond the reasonable control of the Party against whom the failure to perform has been alleged. “Effective Date” means the latest date in the signature blocks in the Agreement. “Emergency” means a situation in which there is an imminent or ongoing threat of injury to person or property, or loss of life.
“Event of Force Majeure” means any act of God, strike, civil riot, fire, flood, material or labor shortage, restriction by governmental authority, and any other cause not within the reasonable control of the Party whose performance is required under the Agreement.
“Existing Law” means any Law in force at the time of the execution of this Agreement. “FCC” means the Federal Communications Commission.
DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 Exhibit 1, Page 2
“Fee” means charges imposed by the LICENSOR to cover LICENSOR’s costs for providing specific services, including permit processing Fees, inspection Fees, and administrative costs. "Fiscal Year” refers to a full year beginning on July 1st and ending on June 30th. “Infrastructure” means any and all forms of existing power supply, conduit, or other form of infrastructure fixtures or equipment for the delivery of power or communication services to a Wireless Installation. “Interference” means any material and adverse physical obstruction or impairment with the radio signals or operation of Licensee’s Wireless Installation utilizing a Structure or Infrastructure authorized to be used by Licensee pursuant to a Site License.
“Law” or “Laws” means all federal, state and local laws, orders, rules and regulations applicable to Licensee’s use of the Wireless Installation on the Structure and/or Infrastructure and LICENSOR’s ownership and use of the Structure, Infrastructure and any other improvements or equipment in the public right of way, as the case may be, including City Regulations. “License” refers to the right, granted by LICENSOR to Licensee, to utilize, replace or upgrade LICENSOR’s Structures and Infrastructure for the purposes of installing and operating Wireless Installations and supporting Infrastructure in accordance with the terms and conditions of this Agreement. “License Payment” means the annual payment provided by Licensee to LICENSOR for Licensee’s use of a Licensed Site.
“Licensed Sites” means the locations within the City of Salinas which have been granted a Site License. “Licensee Indemnitees” means Licensee, its employees, affiliates, officers, directors, successors and assigns.
“LICENSOR Indemnitees” means LICENSOR, its officers, officials and employees. “LICENSOR Work” means the work required on, in or to LICENSOR’s Structure and/or Infrastructure to accommodate Licensee’s Wireless Installation, including relocating, replacing, upgrading and/or reinforcing the existing Structure or Infrastructure.
“LICENSOR Work Cost Estimate” means LICENSOR’s written estimate of the estimated direct costs, including fully loaded labor costs to perform the LICENSOR Work in a SWFEP application. “NEC” means the National Electric Code.
“NESC” means the National Electrical Safety Code.
“New Laws” means any legislative, regulatory, judicial, or other action taken subsequent to the execution of this Agreement by a government agency with jurisdiction superseding that of the Parties that affects said Parties’ rights or obligations or that establishes rates, terms or conditions for the construction, operation, maintenance, repair or replacement of Wireless Installation on public infrastructure or in the right-of-way, that differ, in any material respect from the rates, terms or conditions of the Agreement. “Order” refers to Federal Communications Commission’s Declaratory Ruling and Third Report and Order, FCC 18-133, released September 27, 2018, and published in the Federal Register dated October 15, 2018. “Person” or “Persons” means any person or entity.
“Party” means individually LICENSOR or Licensee.
“Parties” means LICENSOR and Licensee collectively.
“Permitted Use” means the transmission and reception of communications signals, and the installation, construction, modification, maintenance, operation, repair, replacement and upgrade of the Wireless Installation necessary for the successful and secure use of the LICENSOR’s Structures and Infrastructure.
DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 Exhibit 1, Page 3
“Pre-Approved Design” means any Wireless Installation design for Licensee’s use of a Structure and/or Infrastructure which has been specifically approved in writing by LICENSOR to be appropriate at multiple locations within the City of Salinas.
“Public Improvement Project” means any construction or expansion of roads, streets, sidewalks, curbs, gutters, storm drainage facilities, sewer lines, water utility lines or other capital improvement project within LICENSOR’s jurisdiction undertaken by or on behalf of LICENSOR. Public Improvement Project does not include work undertaken for the benefit of a non-governmental entity, even if such work is performed by LICENSOR.
“Relocation Licensed Space” means an alternate Licensed Space on a Structure and/or Infrastructure, as the case may be, where Licensee may relocate its Wireless Installation pursuant to a Relocation Notice. “Relocation Notice” means a written notice delivered to Licensee at least 90 days prior to the date of LICENSOR’s desired relocation deadline, which Relocation Notice shall indicate the need to relocate an existing Wireless Installation.
“RF” means radio frequency.
“Safety Codes” means collectively the NEC, NESC, and any and all other applicable regulatory codes for safe practices when performing work on or near a Structure and/or Infrastructure. “Site License” means a License granted by LICENSOR to Licensee pursuant to this Agreement. “SWFEP Application” means an application by Licensee for a Permit to install a Wireless Installation. “Structure” means any LICENSOR-owned poles, signs, and/or other fixtures located within the public right of way, including streetlight poles.
“Term” means the Agreement Initial Term and any renewal terms exercised pursuant to Section 1.3 of the Agreement.
“Termination Date” means the date upon which this Agreement expires or is otherwise terminated by either Party.
“Wireless Installation” shall have the same meaning as “Small Wireless Facility” in Exhibit 2 of this Agreement.
DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 Exhibit 2, Page 1
EXHIBIT 2
LICENSOR’S CURRENT DESIGN REGULATIONS
RESOLUTION NO. 21580 (N.C.S.)
A RESOLUTION ESTABLISHING REQUIREMENTS FOR SMALL WIRELESS
FACILITIES (SWF) IN THE PUBLIC RIGHT OF WAY (ROW)
WHEREAS, the City of Salinas (“City”) is a charter city organized and operating pursuant to the California Constitution and with powers and authority stemming therefrom, including Sections 5 and 7 of Article XI; and
WHEREAS, the City of Salinas desires to comply with all mandates regarding public utilities as imposed upon it by state and federal law; and
WHEREAS, on April 17, 2018, the Salinas City Council determined that there is a need for SWFs in the City of Salinas, defined the terms and conditions under which the City would support such installations, and established the requirement for a Master Lease Agreement between the City and the installer of telecommunications equipment for the use of City facilities; and WHEREAS, on October 15, 2018, the Federal Communications Commission (FCC) published an Administrative Order in the Federal Register, declaring that SWFs are permitted by right on City-owned property in the ROW, subject to the requirements of the Administrative Order and “reasonable” City regulations and fees; and
WHEREAS, this Administrative Order argues that allowing attachment of SWFs to publicly owned assets in the right of way without a Master Lease Agreement avoids an effective prohibition of broadband deployment, and specifies that any regulations be made publicly available prior to any applications for permits; and
WHEREAS, in order to maintain an aesthetically pleasing community environment, protect the safety and welfare of Salinas residents, minimize degradation of the residential character of neighborhoods, and require the best available design to eliminate visual impacts while ensuring that adequate public services and facilities are constructed to accommodate the needs of Salinas residents, the city of Salinas chooses to use its police power and land use planning authority to regulate SWFs, and establishes the proposed requirements for the issuance of permits and entitlements relative to such projects in situations where the City is unable to come to an agreement on the terms of a Master Lease Agreement with a telecommunications equipment installer; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), the proposed requirements for SWFs in the public right of way are exempt per Section 15302 and 15303 of the CEQA Guidelines, as the FCC has already deemed the installation of SWFs in the ROW to be approved, and as these regulations do not alter this, there is no potential for these regulations to cause a significant effect on the environment.
NOW, THEREFORE BE IT RESOLVED by the Salinas City Council that the following requirements for all SWFs in the public right of way within the City are adopted with the purpose of preserving the health, safety, and welfare of the City’s residents and City property, as follows:
1. The following definitions shall be applicable to this Resolution:
a. Antenna means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location for the provision of personal wireless service and any commingled information or telecommunications services. For DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 Exhibit 2, Page 2
purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or device authorized under Title 47, Part 15 of the Code of Federal Regulations.
b. Antenna Equipment means all equipment, including but not limited to electronics, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and is mounted or installed at the same time as such antenna.
c. Antenna Facility means an Antenna and associated Antenna Equipment. d. Right-of-Way (or ROW) means all or any part of the entire width of a road, street or highway easement, whether or not such entire area is actually used for road, street or highway purposes.
e. Small Wireless Facility (or SWF) means an Antenna Facility that meets each of the following conditions:
i. The facility—
1. Is mounted on a Structure 50 feet or less in height including any Antennas; or
2. Is mounted on a Structure no more than 10 percent taller than other adjacent Structures; or
3. Does not extend the existing Structure upon which the facility is located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
ii. Each Antenna associated with the deployment, excluding associated Antenna Equipment, is no more than three cubic feet in volume;
iii. All other wireless equipment associated with the Structure, including the wireless equipment associated with the Antenna and any pre-existing associated equipment on the Structure, is no more than 28 cubic feet in volume; iv. The facility will not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified by the FCC. f. Structure means a pole, tower, base station, or other building located within the ROW, whether or not it has an existing Antenna Facility.
2. A Small Wireless Facility Encroachment Permit (SWFEP) shall be required for all SWFs constructed within the ROW. SWFEPs shall be administered consistent with the provisions of Chapter 30, Article V of the Salinas Municipal Code. A SWFEP application will include all Equipment that is part of a Small Wireless Facility, including associated communication and/or electrical connection lines of a length equal to either the distance to the first splice point of these lines with a communication and/or electrical supply line or 50 (fifty) feet from the Structure upon which the Small Wireless Facility is mounted, whichever is less.
3. The City shall not issue a SWF Encroachment Permit if the Application for a SWF Encroachment Permit does not comply with the requirements of this Resolution.
4. An applicant for a SWFEP shall be deemed incomplete unless it includes all information deemed required by the Department of Public Works to review the application. The City Engineer shall prepare or cause to be prepared a detailed list of required information and shall make such list DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 Exhibit 2, Page 3
publicly available to facilitate the timely processing of applications. This material shall include, but is not necessarily limited to, the following:
a. An application, in a form to be provided by the City Engineer, that includes all requested information; and
b. A map showing the location of the proposed SWF; and
c. A photo showing the proposed location of the SWF; and d. A photosimulation demonstrating that the SWF will comply with the design standards described herein; and
e. Documentation identifying the owner of the Structure and demonstrating that the SWF conforms to the design and co-location restrictions of the Structure owner(s). f. Construction details, including a soils report and a structural analysis signed by qualified Professional Engineer(s), demonstrating that the Structure will be structurally sound, as defined in these regulations, and will not have a significant risk of structural failure after installation of the SWF; and
g. Details regarding the connection of electrical and communications transmission lines to the site; and
h. Details relating to any closures of roads or sidewalks that will be necessary due to the proposed construction; and
i. A study demonstrating that the SWF will not emit radiofrequency emissions that will, either individually or cumulatively with other already installed telecommunications facilities, expose any member of the public to radiofrequency emissions in excess of those permitted under FCC regulations; and
j. Proof of insurance pursuant to City specifications as may be amended from timeto-time to defend, indemnify, and hold harmless the City for its facility, and name the City and its officers and employees as additional insured by endorsement; and k. Any applicable permit review fees as adopted by City Council.
5. The City Engineer or his/her designee shall review the application to confirm compliance with City Ordinances and regulations. Installation of SWFs shall conform to the following minimum design standards:
a. SWFs shall be designed, installed and located so as to minimize adverse visual impacts and shall not contain advertising material of any kind.
b. SWFs shall be constructed of, painted, or otherwise treated with anti-graffiti materials, including, but not limited to, graffiti resistant paints or finishes. Graffiti on SWFs, including Structures and Equipment, shall be removed within forty-eight hours of being reported. All Structures shall have a decal or permanent sticker (maximum 6 square inches) with the SWF operator’s graffiti abatement contact information affixed. c. SWFs may not include any type of lighted signal, lights, or other illumination, except as required by federal or state law.
d. Soils and structural analysis shall be prepared and stamped by a qualified Professional Engineer. The analysis shall include plans and specifications that shall include, at a minimum, the size, weight, mounting method, method of providing electrical power (including placement of any cables), estimated monthly electrical use, radiofrequency radiation, method of attaching to the Structure if required for electrical power, and DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 Exhibit 2, Page 4
compliance with manufacturer’s specification for such Structure. Licensee shall not overload the structural member of any Structure so as to cause any undue or serious stress or strain to the Structure, or any part thereof, and shall demonstrate compliance with specifications issued by the manufacturer of such Structure, if applicable. The City shall have the right, at any time, to make a determination whether the Structure, or any part thereof, is being overloaded so as to cause undue or serious stress or strain on the Structure or any part thereof. The decision of the City shall be final and binding on Licensee. If in the opinion of the City the stress or strain may endanger or injure the Structure, or any part thereof, Licensee agrees, at its sole cost, to immediately relieve the stress or strain by lightening the load, provide structural reinforcement in a manner satisfactory to City or install a replacement Structure. If any of Licensee’s Network Equipment and facilities fails to meet applicable legal or City requirements, Licensee shall promptly, at its own cost, replace such equipment and facilities with compliant equipment and facilities. e. Before issuance of a permit, proposals for SWFs attached to a structure in the ROW must demonstrate that the proposed SWF will comply with all of the following:
i. All work shall be done in a manner consistent with the City’s “Dig Once” policy (Resolution 21080, as such may be amended from time-to-time). ii. All fiber and electrical infrastructure shall be installed underground, except where connection may be made to preexisting, immediately adjacent overhead electrical, telephone, or other wire/fiber service via a service drop. Applicants may not add new overhead electrical or fiber lines except when immediately adjacent to existing lines.
iii. Except for Antennas and any Equipment necessary to screen said Antennas, all Equipment must be screened. Whenever feasible, Equipment shall be installed in an underground vault. Underground vault vents must be flush to the ground. If an underground installation is infeasible, Equipment shall be attached to the Structure and screened from view. Screening shall be accomplished in a manner consistent with the design of the Structure – in the case of decorative or architecturally enhanced street lights or other Structures, the screening shall incorporate design elements of the existing Structure. Above-ground cabinets not mounted on a Structure are prohibited.
iv. The SWF Antenna(s) shall be screened with a solid, opaque covering that has been colored to blend with the structure upon which the facility is mounted and other streetscape or surrounding features to the extent feasible. The covering small be no larger than is reasonably necessary to fully enclose the antennas and shall not exceed twice the width of the existing structure or increase the height of the Structure by more than 20%. When mounted on architecturally enhanced Structures (such as decorative streetlights), the SWF and its coverings shall be designed so that, in the opinion of the City Engineer or his/her designee, the aesthetic quality of the Structure has been preserved. For reasons of public safety, including routine and emergency maintenance, installation on any part of a Structure supporting signs or devices used to control or direct vehicle, pedestrian, or other traffic is prohibited.
v. If an applicant proposes to replace an existing Structure in order to accommodate a SWF, the new Structure shall match the height, width, appearance, and neighborhood characteristics of the original Structure. Any previous function of DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 Exhibit 2, Page 5
the previous structure (such as a street light) shall be incorporated into the replacement structure in accordance with current City standards. vi. New Structures may not be constructed or utilized unless it is demonstrated conclusively by the Applicant that no existing structure can accommodate the SWF, that replacement of the existing structure is infeasible, and that these regulations would otherwise “effectively prohibit” the provision of wireless service if the new Structure is not permitted. The height and width of the structure without the Antenna or covering shall be equal to the height and width of the nearest City street light mounted on a City-owned Structure.
The new Structure shall also incorporate design elements of the existing nearby Structure in the design of the new Structure. SWFs on new Structures shall meet the same design guidelines as those installed on existing structures. vii. Wires and cables must enter Structures from below ground and must run inside the Structure. All electrical connections to the facilities shall be metered separately from City’s electrical service and shall have a separate shut-off device located at the Structure which allows for power to be shut off to the SWF without impacting any other operations of the Structure upon which the SWF is mounted.
City staff shall be provided access to this shut-off device so that power may be quickly shut off in an emergency situation.
viii.The installation shall not interfere with the public’s use and enjoyment of the public right-of-way or the continued good functioning of existing subterranean infrastructure. Applications shall demonstrate that, at a minimum:
1. Applicant’s proposal will allow parking and appurtenant door opening adjacent to the Structure.
2. Applicant’s proposal will comply with all American Association of State Highway and Transportation Officials (AASHTO) sight distance requirements for the health, safety, and welfare of pedestrians and drivers.
3. Applicant’s proposal will not block or interfere with the use, maintenance and/or repair of fire hydrants, street lights and other existing facilities.
4. Applicant’s proposal will not restrict sidewalk access or parking when access panels and doors are open.
5. Applicant’s proposal will comply with all state, federal and local regulations regarding Americans with Disability Act (ADA) accessibility, providing a minimum of four feet width for sidewalk pedestrians with a cross slope not to exceed 2%.
6. If an application is found to be incomplete or not in compliance with these regulations, City shall notify the applicant and provide a written list of the reasons for the finding(s) of incompleteness and/or noncompliance. The applicant may correct any identified deficiencies and resubmit the application for further review, upon which the City will again review the materials and either approve the application or provide notice as described above. If the City has previously twice notified an applicant the that the application materials submitted for a particular application are incomplete or otherwise not in compliance with these regulations, then if that application is resubmitted and is then found to be incomplete or not in compliance with these regulations a third time, the City shall deny that application. A denied application does not prevent an applicant from submitting a significantly similar application in the future.
DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 Exhibit 2, Page 6
7. The City may issue to an Applicant a SWFEP for a SWF once it has been demonstrated to the satisfaction of the Department of Public Works that the requirements specified herein have been met. Following this approval, the Applicant shall do the following:
a. The Applicant shall provide contact information to the City for the construction and the ongoing operation of the site.
b. The Applicant shall pay to the City of Salinas any Inspection and/or Monitoring Fees due. c. The Applicant shall perform the work at the site in a manner that enables City staff to inspect the work being performed. The City Engineer shall specify in writing the inspections that need to be performed and shall cause these inspections to be performed.
The Applicant or their representative shall notify the City when their work is ready for inspection. The City Engineer or his/her designee may require additional funds to be paid if the work is of such quality as to necessitate a number of inspectionsthat the City Engineer deems to be excessive.
d. Upon completion of the SWF, the Applicant shall provide to the City a radiofrequency study to verify that the proposed facility is operating in accordance with the standards set by federal law at the time of the study. If the study concludes that the radiofrequency emissions exceed federal standards for such emissions, the facility shall be shut down immediately and shall not resume operation until it is demonstrated to the satisfaction of the City Engineer or his/her designee that the facility will operate in accordance with federal law.
e. In the event that these steps are not completed within six months of the issuance of the SWFEP, the City Engineer or his/her designee may revoke the SWFEP.
8. The City may include in a SWF Encroachment Permit such conditions, in addition to those already set forth in state and federal law, as may be required to govern the construction, installation, or maintenance of SWFs in the Public Rights-of-Way, and to protect and benefit the public health, safety, and welfare. Such conditions may also govern the installation and use of equipment that is not located on a Structure, but that is deemed necessary for the use and maintenance of a permitted SWF.
9. If the Applicant believes that the application of any particular provision of these regulations to a particular application would have the impact of “effectively prohibiting” the provision of wireless service, the Applicant may appeal the denial of any application to the Director of Public Works within ten days of such denial. This appeal shall include, in addition to the information included in the application, a narrative identifying the provision which allegedly has this impact, provides an analysis demonstrating why application of the provision would “effectively prohibit” the installation, and provides an analysis demonstrating that no reasonable alternative exists for the provision of wireless telecommunications service. The Director of Public Works may approve the application if he/she finds that the application of the provision to this particular location would “effectively prohibit” the provision of wireless services. The Director of Public Works may request, and Applicant shall provide, any information deemed reasonably necessary by the Director to make an informed decision. Appeals shall be limited to determining whether the application of a particular provision of these regulations would “effectively prohibit” the provision of wireless service if enforced, and for no other claim or reason. The Director may deny the application if DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 Exhibit 2, Page 7
he/she finds that the Applicant has not successfully proven that the application of these regulations would “effectively prohibit” the provision of wireless services. The City may charge a fee to cover its actual costs in administering an appeal under this Section.
10. Applicant shall ensure the installation of SWF meet conditions as may be required to control the construction, installation, maintenance, repair and removal of such facilities in a public right of way so as to protect and benefit the public health, safety, and welfare. The terms and conditions of any such permit issued shall be subject to these requirements and limited to those areas consistent with the City’s authority under applicable law. These conditions shall include, but not be limited to, the following:
a. Normal and routine access to, and use, operation, maintenance and repair of SWF that does not impact vehicle or pedestrian traffic patterns shall be considered as part of the permitted installation, and no new permit shall be required for any such access, use, operation, maintenance or repair.
b. A new permit shall be required for upgrades, relocations, and/or modifications of the installed facilities, unless the City Engineer or his/her designee determines that such upgrade, relocation, and/or modification is minor, insignificant, and insubstantial.
Permittee may replace approved Equipment with like-kind, similar Equipment, without obtaining a new permit if such like-kind, similar Equipment serves a substantially equivalent function, is the same or smaller in size, has the same or fewer number of antennas than approved by the City, and presents a substantially similar appearance to the Equipment it replaces. All modifications and replacements remain subject to these requirements and non-discretionary structural and safety codes. c. Each year, at an interval to be specified by the City, the Applicant or their successor shall provide documentation demonstrating that insurance has been maintained on all SWF (including Structures) in accordance with City specifications, as may be amended from time-to-time. Requirements for insurance coverage shall be determined by the City Attorney’s Office, who shall make such requirements publicly available.
11. A permit for the installation of a SWF may be transferred to a successor, assign, or affiliate of the permittee, provided that any transferee holds and provides evidence of all required FCC and any other required governmental approvals or licenses necessary to provide telecommunication services.
12. This Resolution shall apply only to SWFs within the ROW and shall not extend to any other types of facilities and/or any other locations. This Resolution shall not amend or supersede Resolution 21369 (as may be amended from time to time).
13. If the City and an applicant have entered into a Master Lease Agreement (or an equivalent Agreement) pursuant to Resolution 21369, the City and the Applicant may agree within that Agreement to alternative regulations which, in the opinion of the City Council, would be equal or superior to the regulations contained herein with regards to accomplishing the stated goals of these regulations. When considering these alternatives, the Council shall consider the revised regulations as a whole, and individual modifications shall not be applicable to other Applicants unless a holistic review of alternatives is performed through a Master Lease Agreement.
DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 Exhibit 2, Page 8
14. The City reserves the right to require a Master Lease Agreement as a condition of installing or maintaining SWFs. In the event that the FCC’s Administrative Order is amended, modified, and/or invalidated in a manner that the City is no longer required under the Order to issue a SWF Encroachment Permit, the City may deny any applications received pursuant to this Resolution until both parties enter into a Master Lease Agreement. Further, the City reserves the right to revoke any SWF Encroachment Permit in accordance with Section 30-42 of the Salinas Municipal Code.
PASSED AND APPROVED this 2nd day of April 2019 by the following vote:
AYES: Councilmembers: Barrera, Cromeenes, Davis, De La Rosa, McShane, Villegas and Mayor Gunter
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
________________________
Joe Gunter, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 Exhibit 3, Page 1
EXHIBIT 3
CURRENT LICENSOR FEES
RESOLUTION NO. 21581 (N.C.S.)
A RESOLUTION OF THE SALINAS CITY COUNCIL ESTABLISHING FEES
RELATED TO SMALL WIRELESS FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY WHEREAS, the Salinas is a charter city organized pursuant to California Constitution Art. XI, sec. 7 with legislative power subject only to limitations of general law; and WHEREAS, pursuant to the authority granted Salinas through Art. XI, sec. 7, the City has the power to impose valid regulatory fees; and
WHEREAS, the Salinas City Council has adopted regulations to govern the permitting, inspection, and monitoring of Small Wireless Facilities within the City Right-of-Way, which include the establishment of a Small Wireless Facility Encroachment Permit; and
WHEREAS, the City Council desires to ensure that all costs incurred in association with the permitting, inspection, and monitoring of these facilities, whether through staff time or otherwise, are fully recovered to maintain established City service standards; and WHEREAS, the fees proposed in this Resolution do not exceed the estimated reasonable cost of providing the service for which the fee is charged; and WHEREAS, the adoption of these fees is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
NOW THEREFORE, be it resolved by the Council of Salinas as follows:
The fees for application, amendment, and/or renewal for a Small Wireless Facility Encroachment Permit shall be as follows:
Small Wireless Facility Encroachment Permit Application: $347.00 Small Wireless Facility Encroachment Permit Appeal: $357.00 Small Wireless Facility Encroachment Permit Inspection Fee: $742.00 Small Wireless Facility Annual Monitoring Fee: $270.00
City staff is hereby authorized to promulgate regulations necessary for the implementation of these fees.
DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 Exhibit 3, Page 2
PASSED AND APPROVED this 2nd day of April 2019, by the following vote:
AYES: Councilmembers: Barrera, Cromeenes, Davis, De La Rosa, McShane, Villegas and Mayor Gunter
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
________________________
Joe Gunter, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 Exhibit 4, Page 1
EXHIBIT 4
REQUIRED PERMIT INFORMATION (SUBJECT TO MODIFICATION BY LICENSOR) Equipment Owner Applicant (if different than
Equipment Owner)
Application Date: Name: New Cingular Wireless PCS, LLC Name:
Site Name/Project #: Address: Address:
Contact
Name:
Contact
Name:
Approved by: Phone #: Phone #:
Date: Email:
WIRELESS INSTALLATION - ATTACHMENT TO EXISTING STRUCTURE Structure Pole #
Location/GPS Coordinates Antenna Grade
(Highest Point)
Antenna Dimensions
(HxWxD)
Equipment
Weight
Transmit
Frequency
Receive
Frequency
Output
Power Level LAT LONG
Notes:
DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 Exhibit 5, Page 1
EXHIBIT 5
FORM OF SITE LICENSE
This Site License is granted this______ day of , 20___, by the City of Salinas (the “LICENSOR”) to UNDERLINE MONTEREY, LLC, a Delaware limited liability company (“Licensee”).
WHEREAS, LICENSOR and Licensee entered into a License Agreement for Wireless Installations on Public Structures dated ______________, 20____ ("Agreement"); and WHEREAS, pursuant to that Agreement, Licensee has submitted a Small Wireless Facilities Encroachment Permit (“SWFEP”) application in accordance with the terms of that Agreement, has obtained approvals for that SWFEP, and has completed construction of the Wireless Installation.; and WHEREAS, LICENSOR has reviewed the application in accordance with applicable laws and regulations, and has verified through inspections that the work completed by the Licensee has been done in accordance with all applicable requirements.
NOW, THEREFORE, as stipulated in Section 4.4 of the Agreement, the City of Salinas, as LICENSOR, hereby grants this Site License, including all associated rights, to Licensee, subject to the following provisions:
1. Ongoing Operations. Ongoing operation of the site shall be in accordance with the terms and conditions of the Agreement.
2. Project Description and Locations. This Site License is provided for the Wireless Installation identified and described in Exhibit 1 attached hereto.
3. Term. The term of this Site License shall be as set forth in Section 1.4 of the Agreement, unless terminated sooner pursuant to said Agreement.
4. License Payment and Monitoring Fees. Licensee shall remit any License Payments and Monitoring Fees required by the Agreement. The License Payment shall be in the amount and otherwise payable in accordance with the Agreement as set forth in Sections 3.1 through 3.4 of the Agreement.
5. Special Provisions, If Any (Specific to the Licensed Site). [SIGNATURES APPEAR ON FOLLOWING PAGE]
DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 Exhibit 5, Page 2
I hereby confirm that the above language is true and correct and certify on behalf of the City of Salinas that this License has been granted to Licensee.
By: ______________________________
Name: ______________________________
Title: ______________________________
Date: ______________________________
EXHIBITS
1 Licensed Site, Wireless Installation Equipment List and Plans DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 Exhibit 5, Page 3
EXHIBIT 1 TO SITE LICENSE
Licensed Site, Wireless Installation Equipment List and Plans Licensee Wireless Installation Reference: [LICENSEE TO COMPLETE] FA / USID:
Site Name: CRAN_POLYGON NAME_NODE #
PTN / PACE:
Structure Identification Number: [LICENSOR TO COMPLETE] Structure Latitude and Longitude (Approximate): [LICENSEE TO COMPLETE] Wireless Installation Equipment List: [LICENSEE TO COMPLETE] Wireless Installation Plans: See the attached plan set dated __________ 20__ prepared by _______________ consisting of (___) page(s).
DocuSign Envelope ID: 5FA9C237-C3E0-496B-8B26-54F85A851531 kimley-horn.com 1300 Clay Street, Suite 325, Oakland, CA 94612 510 625 0712 Salinas Broadband Master Plan and Alisal Neighborhood Network Design Project Schedule (11/21/23)
No. Task Deadline
1 Project Management and Meetings
Kick-off Meeting (Contract 4/4/23) 4/11/23
City Council presentation 12/5/23,
4/2024 (tentative)
Progress Meetings 4/23 – 5/24
2 Data Collection/ Field Investigation
Receive Record Drawing 4/18/22
Complete Field Investigation 4/28/23
Summary Memo of Findings 6/2/23
3 Gap Analysis and Preliminary Projects
General Plan Steering Committee Meeting Update 5/31/23
City Staff Survey responses 6/30/23
Needs Summary Memo 8/11/23
Broadband and Digital Infrastructure Gap Analysis 8/31/23 Conceptual Citywide Fiber Network Design 8/31/23
Preliminary City-wide Broadband Project List 1/19/24
Receive City comments (2-week review period) 2/2/24
Discuss City Comments 2/7/24
4 Alisal Neighborhood Fiber Network Design
Draft Permit Set 11/30/23
Receive City comments 12/14/23
Final Permit Set 1/10/24
5 Alisal Neighborhood Public Wireless Network Preliminary Design Technology Research and Public Private Partnership Outreach 1/12/24 Preliminary PG&E Outreach 2/2/24
Conceptual Network Graphic and Wireless Network
requirements
1/26/24
Preliminary Network Design 2/2/24
Preliminary Cost Estimate 2/16/24
6 Implementation Plan
Operations and Maintenance Plan - DRAFT 2/8/24
Governance Model Analysis - DRAFT 2/8/24
Funding Opportunities – DRAFT 2/15/24
7 Broadband Master Plan
Review City comments on previous deliverables 2/29/24
Broadband Master Plan - outline 3/14/24
DRAFT Broadband Master Plan 4/11/24
Receive City comments (4-week review period) 5/9/24
Discuss City Comments 5/10/24
FINAL Broadband Master Plan 5/24/24
Broadband Network Development Update
Michael Gomez, Economic Development Analyst
Community Development Department and
Kimley Horn, Consultant
December 5, 2023
Background
Broadband Service Brings Significant Economic and Social Benefits Job Search/Recruitment
Education
Social Connectivity
Telehealth Resources
Many Residents and Businesses have Indicated they Lack Access to Broadband Resources
Physical
Infrastructure
Affordability Digital
Literacy
Access
Underline Agreements
Underline Scope of Work
Design to connect every resident and business in the
City
East Salinas prioritized for first connections
Choice of service providers on the Underline
Marketplace
Minimum of 500/500 Mbps speeds
Private Financing (No liability to the City)
Community Engagement
Digital Outreach
Press, Radio, Billboards, Mail, Inventive
Local Champions
Salinas Broadband Master Plan Grant
Improve Broadband service in Salinas
Received $470,304 in Local Agency Technical Assistance Grant Partnering with Kimley-Horn to deliver construction documents for Alisal Area and Plan for future expansion to rest of City
Bridge digital divide - bringing low-cost, high-speed internet for unserved and underserved communities
Alisal Area
Chinatown
Downtown
Salinas Broadband Master Plan
Data Collection – Existing City facilities (traffic signal, buildings, utilities)
Conceptual Design - City-wide fiber network
Preliminary Broadband Network Project List and costs
Citywide Broadband Network Implementation Plan
Operations and Maintenance Plan - Draft
Governance Model Alternatives Analysis – Draft
Funding Opportunities
Potential Partnership Opportunities
Broadband Master Plan – DRAFT and FINAL
Alisal Neighborhood Broadband Fiber Network
Design
Field Review of City facilities (Alisal Neighborhood) Needs Assessment Summary
Construction Documents (Plans, Specifications and
Estimate)
Alisal Neighborhood Public WiFi Feasibility Study
Wireless Network Conceptual Design and Cost Estimates Potential Partnerships
Implementation requirements
Broadband and Alisal Neighborhood Schedule
Task Deadline
Data Collection/ Field Investigation Complete
Alisal Fiber Network Preliminary Design January 2024
Gap Analysis/ Preliminary Project List Early February 2024 Implementation Plan Late February 2024
DRAFT Broadband Master Plan Early April 2024
FINAL Broadband Master Plan Late May 2024
Questions?
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-602, Version: 1
Substantial Amendments to United States Department of Housing and Urban Development Fiscal Year 2017-18, 2018-19, 2019-20, 2020-21, and 2022-23 Annual Action Plans Approve a Resolution authorizing the submission of Substantial Amendments to the United States Department of Housing and Urban Development for Fiscal Year 2017-18, 2018-19, 2019-20, 2020-21, and 2022-23 Annual Action Plans; authorizing the allocation of an additional $1,410,000 in available Community Development Block Grant program funds to the Hebbron Family Center project; and authorizing the Mayor or designee to execute, for and on behalf of the City, any agreements or related documents applicable to the Substantial Amendments and the allocation of additional CDBG funds.
City of Salinas Page 1 of 1 Printed on 11/30/2023
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH ROD POWELL, ASSISTANT DIRECTOR
BY: FRANCISCO BRAMBILA, ACTING PLANNING MANAGER
LUIS OCHOA, SR COMMUNITY DEVELOPMENT ANALYST
TITLE: SUBSTANTIAL AMENDMENTS TO UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FISCAL YEAR 2017-18, 2018-19, 2019-20, 2020-21, AND 2022-23
ANNUAL ACTION PLANS
RECOMMENDED MOTION:
It is recommended that City Council approve a Resolution authorizing:
1. the submission of Substantial Amendments to the United States Department of Housing and Urban Development for Fiscal Year 2017-18, 2018-19, 2019-20, 2020-21, and 2022- 23 Annual Action Plans;
2. the allocation of an additional $1,410,000 in available Community Development Block Grant program funds to the Hebbron Family Center project; and
3. the Mayor or designee to execute, for and on behalf of the City, any agreements or related documents (e.g., grant contracts, grant certifications, etc.) applicable to the Substantial Amendments and the allocation of additional CDBG funds to the Hebbron Family Center project.
EXECUTIVE SUMMARY:
The City of Salinas is in the initial phase of rebuilding the Hebbron Family Center (HFC). The Library and Community Services (LCS) and Public Works (PW) Departments have recently identified a funding shortfall of approximately $3.6 million due to increasing development and construction costs. In response, the Community Development Department (CDD) is proposing the reallocation of approximately $1,410,000 of CDBG program funds from several prior Annual Action Plans (AAP) to reduce the project’s funding gap. These funds were either remaining funds from completed projects or were previously allocated to projects that were ultimately not implemented for various reasons such as cost and other community priorities.
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In accordance with the City’s HUD-approved Citizen Participation Plan (CPP), execution of a formal Substantial Amendment is required whenever an increase of more than 25% of a current CDBG project’s funding is proposed. The proposed reallocation of funds will require Substantial Amendments to Fiscal Year 2017-18, 2018-19, 2019-20, 2020-21, and 2022-23 AAPs.
BACKGROUND:
Through prior Substantial Amendments to its FY 2020-2021 and FY 2021-2022 AAPs and the FY 2022-2023 AAP, the City allocated $1,406,613 in CDBG program funds to support the HFC project. Subsequently, the City allocated an additional $240,502 in CDBG program funds from its FY 2023-2024 AAP towards the HFC and its activity delivery; totaling $1,647,115.
Following the demolition of the existing HFC facility and a reassessment of estimated architectural, predevelopment, and construction costs, the Library and Community Services and Public Works, identified that the project now faces a significant funding shortfall of approximately $3.6 million due to increasing development and construction costs. In response, CDD staff have identified approximately $1,410,000 in available CDBG funding to bridge funding gap. The table below shows the identified funds to be reallocated to the Hebbron Family Center project.
AAP FY Project
No. CDBG Project Name AmountAvailable
2017-18
1 Housing Rehabilitation, Housing Accessibility
Assistance, LBP
$117,435
4 Mid-Peninsula The Farm, Inc. – 21 Soledad Street
Housing Community
$575,494
2018-19 2 Mid-Peninsula - Moon Gate Plaza (21 Soledad St.) $453,862 2019-20 1 Housing Rehabilitation, Housing Accessibility Assistance, LBP
$97,712
3 Grid Alternatives Monterey County/City of Salinas Solar Affordable Housing Program
$3,703
2020-21 10 CDBG Program Planning and Administration $161,794 Total $1,410,000
The addition of the above funds to the HFC project would result in a total allocation of $3,054,115 and would be used to cover architectural plans, other predevelopment costs, construction activities and activity delivery. The project is currently in a Concept and Schematic phase and with the proposed CDBG additional allocation would quickly move to the issuance of a Request for Qualifications (RFQ) to identify a qualified general contractor to assume coordinate and finalize the design and construction of the facility.
In compliance with the City’s Citizen Participation Plan (CPP), Public Hearing notices with a 30- day public comment period were published in The Monterey Herald in English and Spanish, a local newspaper, and on the City’s website on Saturday, November 3, 2023. The notices were also posted at the Community Development Department, 65 W. Alisal St.; City Hall, 200 Lincoln Ave.; and the City’s libraries on or before Saturday, November 3, 2023. In addition to the previous mentioned efforts, the notices and draft Amendments Summary were distributed to the CDD Housing Distribution list via email.
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A summary of the draft Substantial Amendments Summary has been made available for the mandatory 30-day public comment period commencing on November 3, 2023, and concluding with the scheduled Council public hearing on December 5, 2023. Applicable documents can be accessed at the Community Development Department, City Hall, public libraries, via the City's website, and is available upon request via email. Throughout the public comment period, the public is strongly encouraged to engage by reviewing and providing comments on the proposed Amendments.
The proposed Substantial Amendments will also assist the City in spending down its available CDBG funds and achieve compliance with its designated HUD expenditure ratio.
CEQA CONSIDERATION:
The City of Salinas has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines under Section 15302 et al., Class 2 because the project proposes the replacement and reconstruction of an existing structure.
STRATEGIC PLAN INITIATIVE:
Approval of these Substantial Amendments addresses City Council 2022-2025 Strategic Plan Goals and Strategies of Infrastructure and Environmental Sustainability, Youth and Seniors, and Effective and Culturally Responsive Government and furthers implementation of the Parks, Recreation, and Libraries Master Plan and the Alisal Vibrancy Plan.
DEPARMENT COORDINATION:
The Community Development Departments Housing and Community Development Division coordinated the preparation of the Substantial Amendment with other City departments including Finance, Legal, Library and Community Services and Public Works, and consulted with HUD Region IX staff.
FISCAL AND SUSTAINABILITY IMPACT:
There is no General Fund impact associated with this agenda item as available City of Salinas HUD entitlement funds will be used to support this allowable CDBG project.
ATTACHMENTS:
Resolution
City of Salinas Summary of Substantial Amendments to Fiscal Years 2017-18, 2018-19, 2019-20 2020-2021 and 2022-23 - Draft
1 RESOLUTION NO. (N.C.S.)
A RESOLUTION OF THE SALINAS CITY COUNCIL APPROVING SUBSTANTIAL
AMENDMENTS TO UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FISCAL YEAR 2017-18, 2018-19, 2019-20, 2020-21, AND 2022-23 ANNUAL ACTION PLANS TO FUND THE HEBBRON FAMILY
CENTER PROJECT
WHEREAS, the City of Salinas (City) as an Entitlement City, receives and administers United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Solutions Grants (ESG) program funding; and
WHEREAS, on May 24, 2022, through prior Substantial Amendments to its Fiscal Year (FY) 2020-2021 and FY 2021-2022 Annual Action Plans and the FY 2022-2023 Annual Action Plan (AAP), the City allocated $1,406,613 in CDBG program funds to support the Hebbron Family Center (HFC) project; and
WHEREAS, on May 16, 2023, the City allocated an additional $240,502 in CDBG program funds from its FY 2023-2024 AAP towards the HFC and its activity delivery resulting in a total of $1,647,115 for the HFC project; and
WHEREAS, following the demolition of the existing HFC facility and a reassessment of estimated architectural, predevelopment, and construction costs, the Library and Community Services and Public Works, identified that the project now faces a significant funding shortfall of approximately $3.6 million due to increasing development and construction costs; and WHEREAS, the City proposes to execute Substantial Amendmentsto multiple Fiscal Year AAPs (FY 2017-18, FY 2019-20, FY 2020-21, and FY 2022-23) to reallocate $1,410,000 of CDBG funds to the HFC project to reduce the identified funding gap; and WHEREAS, in accordance with the City’s HUD-approved Citizen Participation Plan, execution of a formal Substantial Amendment process is required when an increase of more than 25% of current project funding is proposed; and
WHEREAS, public hearing notices with a 30-day public comment period were published in The Monterey Herald in English and Spanish, a local newspaper, and on the City’s website on Saturday, November 3, 2023. The notices were also posted at the Community Development Department, 65 W. Alisal St.; City Hall, 200 Lincoln Ave.; and the City’s libraries on or before Saturday, November 3, 2023; and
WHEREAS, the draft Substantial Amendments Summary has been made available for the mandatory 30-day public comment period, where the public is strongly encouraged to engage by reviewing and providing comments on the proposed Amendments, commencing on November 3, 2023, and concluding on December 5, 2023, at the required Council Public Hearing; and 2 WHEREAS, the City of Salinas has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines under Section 15302 et al., Class 2 because the project proposes the replacement and reconstruction of an existing structure; and WHEREAS, on December 5, 2023, the City Council conducted a public hearing to consider the proposed Substantial Amendments to the AAP for FY 2017-18, FY 2018-19, FY 2019-20, FY 2020-21, and FY 2022-23, to reallocate $1,410,000 in CDBG Funds to the Hebbron Family Center project and sought to obtain public comment.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby approves the Substantial Amendments to multiple AAPs for FY 2017-18, FY 2018-19, FY 2019- 20, FY 2020-21, and FY 2022-23, to reallocate $1,410,000 in available CDBG funds to the Hebbron Family Center project and authorizes its submittal to HUD.
BE IT FURTHER RESOLVED that the Salinas City Council hereby authorizes the Mayor or designee to execute, for and on behalf of the City, any agreements or related documents (e.g., grant contracts, grant certifications, etc.) applicable to the Substantial Amendments of FYs FY 2017-18, FY 2018-19, FY 2019-20, FY 2020-21, and FY 2022-23 Annual Action Plans, and the allocation of additional CDBG funds to the Hebbron Family Center project.
PASSED AND APPROVED this 5
th day of December 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
City of Salinas FY 2022-2023 Annual Action Plan Amendment No. 1 1 OMB Control No: 2506-0117 (exp. 09/30/2021)
CITY OF SALINAS
SUMMARY OF SUBSTANTIAL AMENDMENTS
TO THE FISCAL YEARS 2017-18, 2018-19, 2019-20, 2020-21, AND 2022-23 ANNUAL ACTION PLANS
The City of Salinas (“City”) is an Entitlement City in the U.S. Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) Program, Emergency Solutions Grant (ESG) Program, and HOME Investment Partnership Program (HOME).
The City is making its first Substantial Amendment to its Fiscal Year (FY) 2022-23 Annual Action Plan (AAP) to allocate additional funds from prior fiscal years AAPs to the Hebbron Family Center (HFC) project. Per the Citizen Participation Plan, a Substantial Amendment (“Amendment”) is defined as follows:
1. For larger projects, over $200,000, an increase of 25 percent or more in project funding.
Changes that are less than $50,000 are not considered substantial.
2. An increase of 25 percent or more in project beneficiaries (i.e. income groups, limited clientele groups, residents of a targeted area) or a change in purpose, scope or location which would change the project beneficiaries by more than 25 percent.
3. A determination by the Community Development Director, that the change is substantial even though it falls below the standards in Section 1 and 2 above.
4. For ESG components, as long as the maximum 60% threshold for Street Outreach and Emergency Shelter is not exceeded, funding can be moved within the other components to meet expenditure requirements without a substantial amendment.
The allocation of additional funds to the HFC project is applicable to condition 1 above.
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
Introduction
Through Amendments to FY 2020-21 and FY 2021-22 AAPs the City initially allocated $1,406,613 in CDBG program funds to the HFC project which was added to its FY 2022-23 AAP. Additionally, the City allocated an additional $240,502 in CDBG program funds of FY 2023-24 AAP towards the project and its activity delivery; totaling $1,647,115.
The HFC project involves the construction of a new recreational facility located at 683, 683-B, 683-C, 683-D, 667, and 669 Fremont Street in Salinas, CA 93905. The project scope includes the demolition of an existing structure and construction of a new 7,500 square foot community recreation facility and is located within the City’s Alisal Neighborhood Revitalization Strategy Area (ANRSA). Allocated CDBG program funds would be used to cover architectural plans, other predevelopment costs, and construction activities.
Following the demolition of the existing HFC facility and a revision of estimated architectural, predevelopment and construction costs, it became apparent that the project is now facing a funding deficit of approximately $3.6 million. In response, the City of Salinas has identified approximately $1,410,000 in previously allocated, but available Community Development Block Grant (CDBG) funds from Fiscal Years 2017-18 ($692,929), 2018-19 ($499,248), 2019-20 ($101,415), and 2020-21 ($116,408). These funds were either remaining funds from completed projects or were allocated to projects that were not ultimately implemented due to costs and/or other priority needs. This action would result in a total commitment of $3,057,115 of CDBG program funds to the HFC project and its Activity Delivery.
City of Salinas FY 2022-2023 Annual Action Plan Amendment No. 1 2 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-12 Participation - 91.115, 91.300(c)
Summary of citizen participation process/Efforts made to broaden citizen participation In compliance with the City’s Citizen Participation Plan (CPP), Public Hearing notices with a 30-day public comment period were published in The Monterey Herald in English and Spanish, a local newspaper, and on the City’s webpage on Saturday, November 3, 2023. The notices were also posted at the Community Development Department, 65 W. Alisal St.; City Hall, 200 Lincoln Ave.; and the City’s libraries on or before Saturday, November 3, 2023. In addition to the previous mentioned efforts, the notices and draft Amendments Summary were distributed to the CDD Housing Distribution list via email. The 30-day comment period starts November 3, 2023, and ends December 5, 2023. The public is encouraged to review and comment on the proposed Amendment throughout the public comment period and at the Public Hearing.
These Public Notices and the Substantial Amendment Summary to FY 2017-18, 2018-19, 2019-20, 2020-21, and 2022-23 Annual Action Plans documents are available for review at the following locations:
Public Notices – at City of Salinas’ website:
https://www.cityofsalinas.org/Newsroom/Public-Notices
Draft Substantial Amendment to FY 2017-18, 2018-19, 2019-20, 2020-21, and 2022-23 Annual Action Plan – at City of Salinas website:
https://www.cityofsalinas.org/Residents/Community/Housing-Community-Development Public notices and draft Amendment can also be reviewed in person at the following locations:
o Community Development Department, 65 W. Alisal Street, Salinas, CA 93901; o City Clerk’s Office, City Hall, 200 Lincoln Avenue, Salinas, CA 93901; o John Steinbeck Library, 350 Lincoln Avenue, Salinas, CA 93901; o Cesar Chavez Library, 615 Williams Road, Salinas, CA 93905; o El Gabilan Library, 1400 North Main Street, Salinas, CA 93901.
The documents can also be requested via email at [email protected]. Write “Substantial Amendment for Fiscal Years 2017-18, 2018-19, 2019-20, 2020-21, and 2022-23 Annual Action Plans” in the subject line of the email.
The public is encouraged to make comments in person during the Public Hearing to consider final adoption of proposed Amendment which will take place on:
Tuesday, December 5, 2023, at approximately 4:00 p.m. or soon after City Council Rotunda, 200 Lincoln Ave Salinas, CA 93901 Public comments can also be submitted via email to the Community Development Department at [email protected] prior to the Public Hearing; or can be mailed to:
City of Salinas
Community Development Department Housing Division
Attn: Lisa Brinton, Community Development Director
City of Salinas
65 W. Alisal Street, 2nd Floor
Salinas, CA 93901
AP-15 Expected Resources – 91.320(c) (1,2)
City of Salinas FY 2022-2023 Annual Action Plan Amendment No. 1 3 OMB Control No: 2506-0117 (exp. 09/30/2021)
The City through its carryover process and analysis of available funds, has identified $1,410,000 in previously allocated, but unexpended Community Development Block Grant (CDBG) funds from Fiscal Years 2017-18, 2018-19, 2019-20, and 2020-21. These funds were either remaining funds from completed projects or were allocated to projects that were not ultimately implemented due to costs and/or priority of needs. The table below shows the funds identified to be reallocated to the Hebbron Family Center project.
AAP FY Project
No. Project Name AmountAvailable
2017-18
1 Housing Rehabilitation, Housing Accessibility Assistance, LBP $117,435 4 Mid-Peninsula The Farm, Inc. – 21 Soledad Street Housing Community
$575,494
2018-19 2 Mid-Peninsula - Moon Gate Plaza (21 Soledad St.) $453,862 2019-20
1 Housing Rehabilitation, Housing Accessibility Assistance, LBP $97,712 3 Grid Alternatives Monterey County/City of Salinas Solar Affordable Housing Program
$3,703
2020-21 10 CDBG Program Planning and Administration $161,794 Total $1,410,000
The additional CDBG program funds will be used to cover architectural plans, other predevelopment costs, construction activities, and the project’s activity delivery.
AP-38 Project Summary
Project Summary Information – FY 2022-2023
9 Project Name Hebbron Family Center
Target Area Alisal Neighborhood Revitalization Strategy Area Goals Supported Enhanced Neighborhood Conditions
Needs Addressed Public Facilities and Infrastructure Improvements Funding CDBG: $1,406,613 2,816,613
Description
Hebbron Family Center project will be located in Census Tract 5.02. The subject property is located at 683,683-B,683-C, 683-D,667, and 669 Fremont St. in Salinas, CA 93905 and the proposed new recreational facility is going to be approximately 7,500 square feet in size. The existing structure was built in the mid 60's and will be demolished as part of this project. The subject project is composed of six (6) City-owned parcels (APN: 004082038000, 004082036000, 004082017000, 004082016000, 004082023000, 004082024000) for a combined 1.31 acres. The subject project fronts N.
Hebbron Ave to the East, Cesar Chavez Park to the North, Terrace St. to the West, and Fremont St. to the South. The project site is split zone and the three zoning designations are as follows: Parks, Residential Low Density, and Public/Semipublic use. The project site will retain its current land use.
The new Hebbron Family Center Project will be a brand-new recreational facility to provide City sponsored youth programs. The allocated CDBG funds will be used to cover predevelopment costs, construction and activity delivery activities involved in this project. Predevelopment activities will include City of Salinas FY 2022-2023 Annual Action Plan Amendment No. 1 4 OMB Control No: 2506-0117 (exp. 09/30/2021)
architectural, planning, engineering, environmental services, permits, inspections, surveys, reports, administration, and other predevelopment costs.
Target Date June 30, 2025
Estimate the number and type
of families that will benefit
from the proposed activities
1,500
Location Description
683,683-B,683-C, 683-D,667, and 669 Fremont St. in Salinas, CA 93905. The project is within the ANRSA target area and it’s within City limits.
Planned Activities
This activity will involve predevelopment, construction, and activity delivery of the Hebbron Family Center. Predevelopment activities will include architectural, planning, engineering, environmental services, permits, inspections, surveys, reports, administration, and other predevelopment costs.
Project Summary Information – FY 2020-2021
10 Project Name CDBG Program Planning and Administration Target Area
Goals Supported Planning and Program Administration
Needs Addressed Planning and Administration
Funding CDBG: $414,843 253,049
Project Summary Information – FY 2019-2020
1 Project Name Housing Rehabilitation, Housing Accessibility Assistance, LBP Target Area
Goals Supported Increased Decent and Affordable Housing Needs Addressed Assistance to Homeowners for Rehabilitation Funding CDBG: $323,067 225,355
3 Project Name Grid Alternatives Monterey County/City of Salinas Solar Affordable Housing Program
Target Area
Goals Supported Increased Decent and Affordable Housing Needs Addressed Energy Conservation Opportunities in Housing Funding CDBG: $55,000 51,297
Project Summary Information – FY 2018-2019
2 Project Name Mid-Peninsula - Moon Gate Plaza (21 Soledad St.) Target Area Chinatown Area
Goals Supported Increased Decent and Affordable Housing Needs Addressed New Affordable Rental Housing Opportunities Funding CDBG: $453,862 0
HOME: $793,138
City of Salinas FY 2022-2023 Annual Action Plan Amendment No. 1 5 OMB Control No: 2506-0117 (exp. 09/30/2021)
Project Summary Information – FY 2017-2018
1 Project Name Housing Rehabilitation, Housing Accessibility Assistance, LBP Target Area Citywide
Goals Supported Increased Decent and Affordable Housing Needs Addressed Assistance to Homeowners for Rehabilitation Funding CDBG: $288,747 171,312
4 Project Name Mid-Peninsula The Farm, Inc. – 21 Soledad Street Housing Community
Target Area Chinatown Area
Goals Supported Increased Decent and Affordable Housing Needs Addressed New Affordable Rental Housing Opportunities Funding CDBG: $575,494 0
HOME: $91,566
SUBSTANTIAL AMENDMENTS TO UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ANNUAL ACTION PLANS FOR HEBBRON FAMILY CENTER
Francisco Brambila, Acting Planning Manager
Community Development Department – Housing Division
December 5, 2023
Background
Current CDBG HFC funds = $1,647,115
HFC funding shortfall = $3.6 million
Proposed reallocation = $1,410,00
Total CDBG HFC funds = $3,054,115
Funding from prior FYs completed
or unimplemented projects
Requires Substantial Amendment
Exceeds 25% threshold of existing
project funds
Available Funds
AAP FY CDBG Project Name Available
Per Project
Available
Per FY
2017-18
Housing Services $117,435
$692,929 Moon Gate Plaza Commercial Floor $575,494
2018-19 Moon Gate Plaza Commercial Floor $453,862 $453,862 2019-20
Housing Services $97,712
$101,415 Grid Alternatives $3,703
2020-21 CDBG Administration $161,794 $161,794
Total Additional Funds to HFC Project $1,410,000 $1,410,000 Citizen Participation Plan
30-day Notice of Public Hearing and Public Comment Period November 3 – December 5, 2023
Draft Amendment Summary for Public Review
Notice of Public Hearing posted:
Published in The Monterey Herald
Posted on City’s website
Posted at Community Development Department, City Hall, Libraries Distributed to CDD Housing Division Email List and per email request CEQA Consideration
The project is exempt from the California Environmental Quality Act (CEQA) Guidelines Section 15302 et al., Class 2 because the project proposes the replacement and reconstruction of an existing structure.
Departmental Coordination
Finance
Legal
Library and Community Services
Public Works
Strategic Plan Initiative
Infrastructure and Environmental Sustainability
Public Safety
Youth and Seniors
Effective and Culturally Responsive Government
Parks Recreation and Libraries Master Plan
Alisal Vibrancy Plan
Fiscal and Sustainability Impact
No General Fund Impact
Project funded with CDBG Entitlement Funds
Recommended Motion
Approve a Resolution authorizing:
1. the submission of Substantial Amendments to the United States Department of Housing and Urban Development for Fiscal Year 2017- 18, 2018-19, 2019-20, 2020-21, and 2022-23 Annual Action Plans;
2. the allocation of an additional $1,410,000 in available Community Development Block Grant program funds to the Hebbron Family Center project; and
3. the Mayor or designee to execute, for and on behalf of the City, any agreements or related documents (e.g., grant contracts, grant certifications, etc.) applicable to the Substantial Amendments and the allocation of additional CDBG funds to the Hebbron Family Center project.
Questions & Comments
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-674, Version: 1
2023-2031 Housing Element (General Plan Amendment 2023-002) Adopt the 2023-2031 Housing Element (General Plan Amendment 2023-002), authorize staff to submit the 2023-2031 Housing Element to the State of California Department of Housing and Community Development (HCD) for certification, and authorize staff to make non-policy revisions to the Housing Element in response to future HCD comments.
City of Salinas Page 1 of 1 Printed on 11/30/2023
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: ROD POWELL, ASSISTANT DIRECTOR
BY: GRANT LEONARD, PLANNING MANAGER
TITLE: ADOPTION OF THE 2023-2031 HOUSING ELEMENT (GENERAL PLAN AMENDMENT 2023-002)
RECOMMENDED MOTION:
A motion to adopt the 2023-2031 Housing Element (General Plan Amendment 2023-002), authorize staff to submit the 2023-2031 Housing Element to the State of California Department of Housing and Community Development (HCD) for certification, and authorize staff to make nonpolicy revisions to the Housing Element in response to future HCD comments.
EXECUTIVE SUMMARY:
Salinas is a community that values housing and believes in taking definitive action to support development of new housing and housing programs to support all members of our community.
The City sees increasing the housing supply as a critical step needed to better the quality of life for the existing and future residents of Salinas.
The 2023-2031 Housing Element is a tool for the City to plan for the community’s housing needs over the next eight-year planning cycle. Through research, analysis, and extensive public engagement, the Housing Element establishes the City’s official housing policies and objectives and identifies available candidate housing sites to accommodate the Regional Housing Needs Assessment (RHNA) goals as determined by the Association of Monterrey Bay Area Governments (AMBAG).
The Housing Element contains a detailed outline and work program of the City’s goals, policies, quantified objectives, and programs for the preservation, improvement, and development of Page | 2
housing for a sustainable future. The Housing Element will be implemented over the next eight years and will allow the City to build off recent successes in the development of critically needed housing and programs to ensure all Salinas residents have access to safe, affordable, stable, and equitable housing.
BACKGROUND:
Draft Housing Element Process and HCD Comments Received The Housing Element is the City’s guiding policy document for housing matters and is one of the required chapters of the General Plan. The City of Salinas’ current Housing Element (2015-2023) was adopted in 2015 and was certified by HCD as complying with State law. Because the current Housing Element expires at the end of 2023, the City is required to adopt an updated Housing Element by December 15th. This sixth cycle update of the Housing Element will cover the planning period of December 31, 2023, through December 31, 2031.
The process for updating the Housing Element includes providing multiple drafts for public review and a consultation with HCD. The City released the first draft Housing Element for public review from May 12, 2023, through June 20, 2023. The City then had two weeks to respond to comments received before submitting a revised draft Housing Element to HCD for a 90-day review and comment period on July 6, 2023.
The City received initial HCD comments in August 2023 and had the opportunity to update the draft Housing Element and re-release it for a second round of public review before the end of the official 90-day HCD review. While no additional public comments were received, the second draft Housing Element provided the city an opportunity to incorporate certain HCD recommendations prior to HCD finalizing the official comment letter.
The City received HCD’s official comment letter on October 4, 2023 (Attachment 2), which recommended further updating the Draft Housing Element in the following areas:
Refinement of the Housing Sites Inventory
Additional analysis of government constraints on housing production Refinement of the Affirmatively Furthering Fair Housing Plan Staff completed the additional refinements requested by HCD, released the final Draft 2023-2031 Housing Element for public and HCD review on November 9th, and presented the Final Draft Housing Element to the Planning Commission on November 15th. The Commission approved a resolution recommending the City Council adopt the Final Draft 2023-2031 Housing Element.
The Planning Commission Resolution and meeting minutes are provided as Attachment 8. A revised Final Draft 2023-2031 Housing Element was released on November 28, 2023 that incorporated minor comments received by the Planning Commission and Housing and Land Use Committee at its November 28th meeting.
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Community Engagement
The City has actively engaged the community on the subject of housing since the adoption of the 2015-2023 Housing Element. Community engagement for the Housing Element built upon the extensive bi-lingual community outreach conducted for the development of the Alisal Vibrancy Plan, Chinatown Revitalization Plan, Regional Farmworker Housing Study and Action Plan, Visión Salinas Guiding Principles, Visión Salinas 2040 General Plan Update, and the 2023 and 2024 City Budgets.
The City began formal 2023-2031 Housing Element public engagement with an online Housing Element workshop on February 9, 2023, and will continue outreach through Council consideration of the adoption of the 2023-2031 Housing Element on December 5, 2023. The outreach strategy involves various methods of collecting community input, including community workshops, webinars, stakeholder interviews, housing surveys, pop-up community events, and the General Plan Steering Committee. Through a Sustainable Agricultural Land Conservation (SALC) Planning Grant, the City is also partnering with Center for Community Advocacy (CCA) to deepen grassroots outreach. CCA reached nearly 300 people through 71 house meetings discussing housing needs. Through the CCA outreach, the City was able to include residents who might not normally participate in a Housing Element update, including farmworkers, youth, monolingual Spanish speakers, and the Mixteco and Triqui speaking communities. The toolkit used to facilitate these conversations is provided as Attachment 6.
A summary of the recurring and new themes that emerged from the community engagement is included as Attachment 7. A full discussion of the City’s engagement activities is included in Chapter 2 of the 2023-2031 Housing Element provided as Attachment 3 to this report.
Housing Plan: Recommended Goals, Policies, and Actions
To meet the City’s housing needs over the next eight years, the Housing Element needs to contain meaningful goals, policies, and actions that will serve as the City’s guiding housing document.
Chapter 6 of the 2023-2031 Housing Element sets forth a program of policies and actions to address the City’s housing needs, including housing construction, providing different housing types at all affordability levels, establishing tenant protections, improving neighborhoods and existing housing, and ensuring access to safe and decent housing for all segments of the community. The Housing Plan has the following six goals, each with a set of specific policies:
1. Increase Housing Supply and Opportunities for All
2. Provide Tenant Protections
3. Access to Safe and Healthy Housing for all Residents
4. Advance Housing Affordability and Opportunity at all Income Levels
5. Stabilize and Support Neighborhoods
6. Improve City Homeless Response
The goals and policies reflect the new and recurring themes identified through the public outreach process and are consistent with the housing goals and policies identified in recent community Page | 4
planning efforts, such as the Alisal Vibrancy Plan. A summary of recurring/new themes by goal is provided as Attachment 7.
To meet these goals, the Housing Plan contains the following program of actions that will be implemented over the next eight years of the Housing Element:
Provision of Adequate Sites for RHNA
Financial Assistance and Gap Financing
Prohousing Designation
Accessory Dwelling Units
East Area Specific Plan Development
General Plan and Zoning Code Update
Reduce Fees and Housing Production Constraints
Housing Rehabilitation Services Program
Rental Resources Programs
Services to Affirmatively Further Fair Housing
Code Enforcement
Housing Vouchers
Homebuyer Resources
Facilitate the Production Affordable Housing
Housing for Persons with Disabilities
Equitable Housing and Service Access for Unhoused Individuals and Families Preservation Affordable Housing At-Risk of Conversion Local Workforce Housing
Inclusionary and Density Bonus Housing
Invest in Disadvantaged Neighborhoods
Protect Historic Resources
Adequate Sites for New Housing
California General Plan law requires each city and county to have land zoned to accommodate its fair share of the regional housing need. Through the Regional Housing Needs Allocation (RHNA) process, each jurisdiction in California is given a certain number of housing units to plan for, by income level, during the eight-year Housing Element timeframe. Salinas received a total of 6,674 units through the RHNA process, distributed by the following income categories.
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Income Group Total Housing
Units Allocated
Percentage
of Units
Extremely/Very Low 920 13.78%
Low 600 9.00%
Moderate 1,692 25.35%
Above moderate 3,462 51.87%
Total 6,674 100%
The City has completed an inventory of available housing sites and determined that there are sufficient sites available to plan for the 6,674 RHNA allocation. Sites to accommodate the City’s allocation are divided into the following categories:
Pipeline Projects and anticipated ADU Development
Vacant Residential and Mixed Use Sites
Underutilized Residential and Mixed Use Sites
The North of Boronda Future Growth Area.
The site inventory has identified capacity for an additional 7,284 units, 1,890 of which are on sites with density suitable for development of lower income housing. A map of the Sites Inventory is included as Attachment 4. Per State law, jurisdictions may count housing units in development, under construction, or approved, since July 1, 2023, towards their RHNA numbers. Included in these projects are a mix of affordable and market-rate housing developments. Because of the City’s current inclusionary housing ordinance, which applies to projects of 10 or more units, even the market-rate projects will still contribute towards the affordable housing stock. These “Pipeline projects”, along with anticipated ADU construction, are expected to produce 1,299 units in the near term.
Affirmatively Furthering Fair Housing
The goal of Affirmatively Furthering Fair Housing (AFFH) is to combat housing discrimination, eliminate racial bias, undo historic patterns of segregation, and lift barriers that restrict access in order to foster inclusive communities, achieve racial equity, fair housing choice, and opportunity for all Californians.
Assembly Bill (AB) 686 requires that Housing Elements include an analysis of barriers that restrict access to opportunity and that they contain a commitment to specific meaningful actions to affirmatively further fair housing. AB 686 mandates that local governments identify meaningful goals to address the impacts of systemic issues such as residential segregation, housing cost burden, and unequal educational or employment opportunities to the extent these issues create and/or perpetuate discrimination against protected classes.
In compliance with AB 686, the City has completed an analysis of barriers to fair housing (Appendix D of the Housing Element) and developed meaningful actions to combat the identified Page | 6
barriers. These meaningful actions are incorporated in the Housing Element’s Goals, Policies, and Actions (Chapter 6), which integrates the principals of fair housing into the City’s housing plan for the 2023-2031 Housing Element.
General Plan Amendment
Because the Housing Element is part of the General Plan, a General Plan Amendment is needed to adopt the Final 2023-2031 Housing Element. The proposed Amendment will update the City’s General Plan Housing Element to comply with the 2002 Salinas General Plan and allow the City to adopt local policy options to meet the documented housing needs. As part of this process, the City Council is requested to affirm findings that the Final 2023-2031 Housing Element is in conformance with the Salinas General Plan and that it is necessary to adopt the Final 2023-2031 Housing Element. These findings are listed in the attached Resolution.
Next Steps
The schedule for the completing Housing Element Update is:
December 5, 2023: City Council consideration of adoption of Housing Element Prior to December 15, 2023: Submission of adopted 2023-2031 Housing Element to California Department of Housing and Community Development for certification. 60-Day HCD review of Final Housing Element
April 15, 2024: Statutory deadline for Housing Element certification by HCD.
CEQA CONSIDERATION:
The environmental impacts of the 2023-2031 Housing Element were analyzed in accordance with the California Environmental Quality Act (CEQA), and the 2023-2031 Housing Element was determined to be exempt from CEQA per Section 15061(b)(3) of the CEQA Guidelines.
Attachment 9 outlines the City’s CEQA determination. Any subsequent discretionary projects resulting from action plan implementation will be assessed for CEQA applicability.
STRATEGIC PLAN INITIATIVE:
Adopting the 2023-2031 Housing Element supports the City Council’s Vision and Strategic Goal for Housing/Affordable Housing and the pursuit of safe and secure housing options for residents of all income levels, including the unsheltered.
DEPARTMENTAL COORDINATION:
Completing the 2023-2031 Housing Element required significant intra-department coordination between the Community Development divisions, including Housing, Permit Services, Code Enforcement, Current Planning, and Advanced Planning and Project Implementation. Additional collaboration was required with the City Attorney’s Office.
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FISCAL AND SUSTAINABILITY IMPACT:
Funding to complete the 2023-2031 Housing Element came from a combination of State planning grants and the City’s General Plan Update fund. The timely Adoption of the 2023-2031 Housing Element is required for the City to continue to receive certain funding sources from the State.
ATTACHMENTS:
1. Resolution to Adopt the 2023-2031 Housing Element
2. HCD Comment Letter
3. Final 2023-2031 Housing Element
4. Summary of Final 2023-2031 Housing Element
5. Sites Inventory Map
6. Housing Element Toolkit
7. Summary of Public Comment Themes
8. November 15, 2023, Planning Commission Minutes and Resolution
9. CEQA Compliance Determination
RESOLUTION NO. _______ (N.C.S.)
A RESOLUTION TO ADOPT THE 2023-2031 HOUSING ELEMENT (GENERAL PLAN AMENDMENT 2023-002), AUTHORIZE STAFF TO SUBMIT THE 2023-2031
HOUSING ELEMENT TO THE STATE OF CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR CERTIFICATION, AND
AUTHORIZE STAFF TO MAKE NON-POLICY REVISIONS TO THE HOUSING ELEMENT IN RESPONSE TO FUTURE HCD COMMENTS.
WHEREAS, the Housing Element is a required chapter of the City of Salinas’ (City) General Plan; and
WHEREAS, the City adopted the current 2015-2023 Housing Element in 2015; and WHEREAS, the 2015-2023 Housing Element expires in December 2023 and the City is statutorily required to adopt an updated 2023-2031 Housing Element by December 15, 2023; and WHEREAS, the City has conducted extensive community outreach and detailed technical analyses to prepare a 2023-2031 Housing Element that adheres to State regulatory requirements and reflects the City’s commitment to supporting housing development and programs that equitably serve all residents of the City; and
WHEREAS, the Housing Element update process included the preparation of a draft 2023- 2031 Housing Element, a mandatory 30-day public review period, followed by a 10-business day City response to comment period, and a 90-day review period by the California Department of Housing and Community Development (HCD); and
WHEREAS, the City made the Draft 2023-2031 Housing Element available for public review from May 12 through June 20, 2023, and responded to comments received before submitting the Draft 2023-2031 Housing Element to HCD on July 6, 2023; and WHEREAS, the City received initial comments from HCD in August and issued a revised Draft 2023-2031 Housing Element for public from September 27, 2023 through October 4, 2023; and
WHEREAS, the City received an official comment letter HCD in October and revised the Draft 2023-2031 Housing Element to incorporate the recommendations from HCD; and WHEREAS, the City published the Final 2023-2031 Housing Element for public review on November 9, 2023; and
WHEREAS, on November 15, 2023 the Planning Commission received and had the opportunity to comment on the Final 2023-2031 Housing Element and recommended the City Council adopt the 2023-2031 Housing Element (General Plan Amendment 2023-002), authorize staff to submit the 2023-2031 Housing Element to the State of California Department of Housing and Community Development (HCD) for Certification, and authorize staff to make non-policy revisions to the 2023-2031 Housing Element in response to future HCD comments; and WHEREAS, the City considered comments from the Planning Commission and published a revised Final 2023-2031 Housing Element for public review on November 28, 2023; and WHEREAS, the environmental impacts of the Final 2023-2031 Housing Element were analyzed in accordance with the California Environmental Quality Act (CEQA), and the 2023- 2031 Housing Element was determined to be exempt from CEQA per Section 15061(b)(3) of the CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED BY THE SALINAS CITY COUNCIL that the Salinas City Council adopts the 2023-2031 Housing Element (General Plan amendment 2023- 002), authorizes staff to submit the 2023-2031 Housing Element to the State of California Department of Housing and Community Development (HCD) for certification, and authorizesstaff to make non-policy revisions to the housing element in response to future HCD comments; and BE IT FURTHER RESOLVED that the Salinas City Council adopts the following findings as the basis for its determination, and that the foregoing recitations are true and correct, and are included herein by reference as findings:
Environmental Analysis
1. Salinas City Council finds that impacts of the 2023-2031 Housing Element were analyzed in accordance with the California Environmental Quality Act (CEQA), and the 2023-2031 Housing Element was determined to be exempt from CEQA per Section 15061(b)(3) of the CEQA Guidelines.
The 2023-2031 Housing Element is exempt as a “common sense” exemption under State CEQA Guidelines Section 15061(b)(3) because it involves only goals, policies, programs, and action plans to meet the City’s Regional Housing Needs Allocation (RHNA) and affirmatively furthering fair housing (AFFH) goals but does not involve any physical changes with the potential to create an adverse effect on the environment. Furthermore, no regulatory changes are required for the City to adopt the 2023-2031 Housing Element to meet its RHNA obligations; therefore, it can be seen with certainty that there is no possibility that adopting the 2023-2031 Housing Element would result in a significant effect on the environment.
General Plan Amendment:
1. Salinas City Council finds that the proposed Amendment is in conformance with the Salinas General Plan.
The proposed Amendment will update the City’s General Plan Housing Element to comply with the Salinas General Plan and allow the City to adopt local policy options to meet the documented housing needs. The 2023-2031 Housing Element provides a detailed analysis of the City’s demographic, economic, and housing characteristics and it also provides an evaluation of the city’s progress in implementing past policy and action programs relating to housing needs. The document demonstrates that the City can accommodate its “fair share” of housing as established by the Regional Housing Needs Allocation, distributed by income levels for the planning period of December 31, 2023 through December 31, 2031.
2. Salinas City Council finds that the public necessity, convenience and general welfare permit the adoption of the proposed amendment.
The proposed Amendment advances the public necessity, convenience and general welfare by identifying the housing needs of residents of all income levels and specific groups such as seniors, disabled persons, and the homeless. The Amendment will allow the city to adopt local policy options to address these documented housing needs and thus provide potential housing opportunities for City residents. The Draft City of Salinas 2023-2031 Housing Element, once adopted by the City Council and certified by the State, will be in conformance with State law. A certified Housing Element is vitally important in assisting the City and other not-for profit entities seeking public funding to leverage the much needed provision of affordable housing.
PASSED AND APPROVED this 5
th day of December 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 4, 2023
Grant Leonard, Planning Manager
Community Development Department
City of Salinas
65 West Alisal Street, Floor 2
Salinas, CA 93901
Dear Grant Leonard:
RE: City of Salinas’ 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the City of Salinas’ (City) draft housing element received for review on July 7, 2023, along with revisions received on September 27, 2023. Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from Kalisha Webster, Michael DeLapa, and David Kellogg pursuant to Government Code section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be necessary to substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq), as follows:
1. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities... …Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including… …emergency shelters...(Gov. Code, § 65583, subd. (c)(1).) Progress in Meeting the Regional Housing Need Allocation (RHNA): While the element clarifies how the affordability of pipeline units was determined, it must also demonstrate their availability within the planning period. To demonstrate the availability of units, the element could analyze infrastructure schedules, past completion rates on pipeline projects, and/or outreach with project developers.
Grant Leonard, Planning Manager
The element should also describe any expiration dates on entitlements, whether project phasing will be necessary, build out horizons relative to the eight-year planning period, any remaining steps for pipeline projects to receive final entitlements, and any known barriers to development in the planning period.
Realistic Capacity: The element provides an assumption of 70 percent of maximum allowable densities or minimum densities to calculate residential capacity on identified sites; however, the element should also include supporting information on typical densities of existing or approved residential developments at similar affordability levels. For example, the element could list recent projects, the zone, acreage, built density, allowable density, level of affordability, and presence of exceptions (such as a density bonus).
In addition, the element should analyze the likelihood of residential development in zones that allow 100 percent nonresidential uses and account for that likelihood in the calculation of residential capacity. For example, the element could describe all (residential and nonresidential) recent development in the nonresidential zones being utilized toward the RHNA, address how often 100 percent nonresidential development occurs, and account for that likelihood in the residential capacity assumptions.
Small Sites: The element identifies several sites at less than a half-acre in Appendix B (Sites Inventory). These sites are not eligible absent a demonstration that sites of equivalent size and affordability were successfully developed during the prior planning period or unless other evidence is provided. For example, the element could evaluate the circumstances potentially leading to consolidation such as existing shared access, necessity for consolidation to share access, necessity for consolidation to promote financial feasibility, meet development standards, or facilitate site planning. Based on the outcomes of this analysis, the element should add or modify actions to encourage lot consolidation.
Programs: As noted above, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established.
Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:
• Program 6 (General Plan, Zoning Code, and Approval Process Updates): The Program should commit to meet all requirements pursuant to AB 2330, including amending the definition of emergency shelter, clarifying emergency shelters will be permitted without discretionary action, maintaining sufficient capacity to accommodate the need for emergency shelters, including Grant Leonard, Planning Manager
proximity to services, and ensuring development standards will facilitate development.
• Program 4 (Accessory Dwelling Units): The Program should commit to frequent monitoring (every other year) and provide specific commitment to adopt alternative measures such as rezoning or amending the element within a specific time (e.g., six months), if needed. In addition, the Program should include timing for outreach (e.g., at least annually).
• Program 1 (Adequate Sites): While the Program maintains a nondiscretionary process and appropriate densities, it should also commit to 20 percent affordability for lower-income households.
• Publicly Owned Lands: The element should include a program to comply with surplus land act requirements, if applicable, target numerical objectives consistent with the inventory, and commit to a schedule of actions to facilitate development, including alternative actions (e.g., rezoning), if development does not proceed as anticipated.
2. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls... (Gov. Code, § 65583, subd. (a)(5).) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing... (Gov. Code, § 65583, subd. (c)(3).) Land Use Controls: While the element lists some development standards such as minimum lot sizes and setbacks, it should list and analyze all development standards by zoning district, including lot coverages, heights limits, and floor area ratios (FAR). In addition, the element should analyze minimum lot sizes for mobile home parks. The analysis should address impacts on supply (number of units), costs, feasibility, and particularly the ability to achieve maximum densities.
Based on the outcomes of this analysis, the element should add or modify programs to address identified constraints on housing.
Constraints on Housing for Persons with Disabilities: The element subjects group homes for seven or more persons to a conditional use permit, unlike other similar uses. The element should specifically analyze this constraint and parking requirements for impacts on housing for persons with disabilities and add or modify programs to promote objectivity and approval certainty similar to other residential uses of the same type in the same zone.
Programs: As noted above, the element requires a complete analysis of potential governmental and non-governmental constraints. Depending upon the results of Grant Leonard, Planning Manager
that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, the element should be revised as follows:
• Program 7 (Reduce Housing Production Constraints): In addition to reviewing planning and development fees, the Program should commit to revise and reduce fees to ensure no constraints on housing. • Program 15 (Housing First Programs): The Program should include discrete timing for review and evaluation actions (e.g., estimated completion dates).
• Program 6 (General Plan, Zoning Code and Approval Process): In addition to implementing place type designations, the Program should specifically commit to establish or modify development standards and ensure to not constrain housing, including facilitating achieving maximum densities.
3. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).) While the element includes many potentially significant and meaningful actions to affirmatively further fair housing (AFFH), it should consider additional actions to address displacement risk and place-based strategies toward community revitalization, including addressing disparities in access to environmental quality.
For example, the element acknowledges a disparity in environmental quality across the City by various factors (i.e., air pollution, hazardous wastes, substandard housing quality). The element must be revised to add or modify goals and actions to overcome identified patterns and trends. Programs from other General Plan elements or other plans could be considered as part of the housing element goals and actions (e.g., environmental justice element, etc.). In addition, actions should be revised, as follows:
• Program 8 (Housing Rehabilitation): The Program should consider increasing the numeric target for the planning period.
• Program 11 (Code Enforcement): The Program should consider a numeric target for the planning period (e.g., number of households contacted). • Program 17 (Farmworker Housing): The Program should consider at least annual implementation of the Regional Farmworker Housing Study and Action Plan and increasing numerical targets for the planning period.
Further, the Program should consider actions to address existing housing conditions for farmworkers.
• Program 24 (At-Risk Affordable Housing Preservation): The Program should target preserving all units that are highly at-risk of conversion to market rate rents (778 units) and commit to complying with all noticing Grant Leonard, Planning Manager
requirements pursuant to Government Code section 65863.10 (e.g., 3 years, 12 months, and 6 months). Further, the objective of 778 units should be reflected in quantified objectives (Table 66). • Program 25 (Investment in Disadvantaged Neighborhoods): The Program should consider at least annual implementation of the Vibrancy and Revitalization Plans, including at least annually applying for funding and increasing numeric targets for the planning period.
The element will meet the statutory requirements of State Housing Element Law once it has been revised and adopted to substantially comply with the above requirements pursuant to Government Code section 65585.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (December 15, 2023), then any rezoning to make prior identified sites available or accommodate the RHNA shall be completed no later than one year from the statutory deadline pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c). Please be aware, if the City fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until these rezones are completed.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
Grant Leonard, Planning Manager
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the dedication from yourself, Jonathan Moore, and Lisa Brinton during the course of the housing element update and review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Anthony Errichetto, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
City of Salinas
Draft 2023-2031 Housing Element
November 28, 2023
City of Salinas
Community Development Department
65 W. Alisal
Salinas, CA 93901
(831) 758-7206
ACKNOWLEDGEMENTS
Mayor Kimbley Craig
Tony Barrera, Councilmember
Carla Gonzales, Councilmember
Steve McShane , Councilmember
Orlando Osornio, Councilmember
Anthony Rocha, Councilmember
Andrew Sandoval, Councilmember
City Administration
Jim Pia, Interim City Manager
Christopher A. Callihan, City Attorney
City Project Team
Lisa Brinton, Community Development Director
Megan Hunter, Former Community Development Director
Rod Powell, Assistant Community Development Director
Grant Leonard, Planning Manager, Advanced Planning and Project Implementation Division Jonathan Moore, Senior Planner, Advanced Planning and Project Implementation Division Monica Gurmilan, Senior Planner, Advanced Planning and Project Implementation Division Francisco Brambila, Acting Planning Manager, Housing Division Kayshla Lopez, Homeless Services Manager, Housing Division Luis Ochoa, Sr. Community Development Analyst Housing Division Cristina Gonzalez, Community Development Analyst, Housing Division Beatriz Trujillo, Community Development Analyst, Housing Division Hilda Peralta, Community Development Analyst, Hosing Division David Vigil, Housing Production Coordinator VISTA, Housing Division Consultants
Veronica Tam and Associates, Inc.
Community Partners
Center for Community Advocacy (CCA)
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City of Salinas
2023-2031 Housing Element (November 2023)
Table of Contents
1. Introduction ............................................................................................................................. 1
1.1 Overview of State Law Requirements.................................................................................................. 2
1.1.1 State Review ..................................................................................................................4
1.2 Consistency with General Plan ............................................................................................................. 4
1.3 Affirmatively Furthering Fair Housing (AFFH) ................................................................................. 4
1.4 Data Sources............................................................................................................................................ 5
1.5 Community Engagement ....................................................................................................................... 5
1.6 Definitions ................................................................................................................................................ 6
1.7 Organization of the Housing Element................................................................................................. 8
2. Community Participation ........................................................................................................ 9
2.1 Visión Salinas: An Integrated Planning Initiative............................................................................... 9
2.2 Alisal Vibrancy Plan..............................................................................................................................10
2.3 Chinatown Revitalization Plan ............................................................................................................10
2.4 Visión Salinas 2040 ...............................................................................................................................11
2.5 City Budget Engagement .....................................................................................................................13
2.6 2023-2031 Housing Element Engagement .......................................................................................13
2.7 Upcoming Public Meetings and Hearings .........................................................................................14
2.8 Recurring Themes................................................................................................................................. 15
3. Community Profile ................................................................................................................. 16
3.1 Population Trends and Characteristics ..............................................................................................16
3.1.1 Historical, Existing, and Forecast Growth ...................................................................16
3.1.2 Age Composition .........................................................................................................17
3.1.3 Race and Ethnicity .......................................................................................................18
3.2 Employment Trends .............................................................................................................................18
3.3 Household Characteristics ...................................................................................................................20
3.3.1 Household Formation and Composition ......................................................................21
3.3.2 Tenure ..........................................................................................................................22
3.3.3 Household Income .......................................................................................................23
3.4 Housing Inventory and Market Conditions ......................................................................................26
3.4.1 Housing Growth ...........................................................................................................26
3.4.2 Unit Type and Size.......................................................................................................27
3.4.3 Housing Conditions .....................................................................................................29
3.5 Housing Needs ......................................................................................................................................37
3.5.1 Housing Cost Burden ...................................................................................................37
3.5.2 Overcrowding ..............................................................................................................40
3.5.3 Housing Growth Need – 2023-2031 ............................................................................40
3.5.4 Special Needs Groups ..................................................................................................41
3.6 Alisal Vibrancy Plan and Alisal Neighborhood Revitalization Strategy Area (NRSA)...............66
3.7 Chinatown Revitalization Plan Area...................................................................................................70
3.8 Publicly Assisted Housing ....................................................................................................................73
3.8.1 Public Housing .............................................................................................................73
3.8.2 Housing Choice Vouchers Program.............................................................................74
3.8.3 Other Affordable Housing Projects .............................................................................74 ii
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2023-2031 Housing Element (November 2023)
3.8.4 Units at Risk of Converting to Market-Rate Housing .................................................77
4. Housing Constraints ..............................................................................................................80
4.1 Governmental Constraints...................................................................................................................80
4.1.1 Transparency and Access.............................................................................................80
4.1.2 Land Use Element........................................................................................................81
4.1.3 Zoning Code.................................................................................................................84
4.1.4 Building Codes and Enforcement ..............................................................................109
4.1.5 Housing for Persons with Disabilities .......................................................................109
4.1.6 Planning and Development Fees................................................................................111
4.1.7 Local Processing and Permit Procedures...................................................................113
4.1.8 On- and Off-Site Improvements ................................................................................117
4.1.9 Inclusionary Housing Program ..................................................................................118
4.2 Environmental and Infrastructure Constraints.............................................................................. 121
4.2.1 Environmental Constraints.........................................................................................121
4.2.2 Infrastructure Constraints...........................................................................................127
4.3 Market Constraints............................................................................................................................. 128
4.3.1 Land Prices.................................................................................................................128
4.3.2 Construction Costs.....................................................................................................129
4.3.3 Financing....................................................................................................................129
4.3.4 Energy Conservation..................................................................................................131
4.3.5 Project Duration and Density.....................................................................................131
5. Housing Resources..............................................................................................................133
5.1 Potential for Future Housing ........................................................................................................... 133
5.1.1 Regional Housing Needs Allocation (RHNA)...........................................................133
5.1.2 Adequacy of Sites to Meet the RHNA.......................................................................134
5.1.3 Progress towards the 2023-2031 RHNA....................................................................135
5.1.4 Residential Land Inventory........................................................................................142
5.1.5 Future Growth Area ...................................................................................................153
5.1.6 Availability of Services and Infrastructure ................................................................156
5.1.7 Visión Salinas 2040 General Plan Update and Future Land Use ..............................157
5.2 Financial Resources............................................................................................................................ 157
5.2.1 Inclusionary Housing Trust Fund ..............................................................................158
5.2.2 Salinas Successor Agency Funds...............................................................................158
5.2.3 American Rescue Plan Act ........................................................................................158
5.2.4 Family Homelessness Challenge Grant .....................................................................159
5.2.5 Encampment Resolution Funding..............................................................................159
5.2.6 Homekey Program Grant ...........................................................................................159
5.2.7 Permanent Local Housing Allocation........................................................................160
5.2.8 Prohousing Incentive Pilot Funds..............................................................................160
5.2.9 Local Housing Trust Fund Program ..........................................................................160
5.2.10 Chinatown Revitalization Plan Fund....................................................................161
5.2.11 Federal Entitlement Grants...................................................................................161
5.2.12 State Community Revitalization and Investment Authority.................................162
5.3 Partnership Resources....................................................................................................................... 162
6. Housing Plan .......................................................................................................................165
6.1 Goals and Policies.............................................................................................................................. 165
6.2 Implementing Programs and Actions............................................................................................. 169 iii
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2023-2031 Housing Element (November 2023)
6.2.1 Increase Housing Supply and Opportunity for all .....................................................169
6.2.2 Provide Tenant Protections........................................................................................177
6.2.3 Access to Safe and Healthy Housing for all Residents..............................................180
6.2.4 Advance Housing Affordability and Opportunity at all Income Levels....................181
6.2.6 Improve City Homeless Response .............................................................................190
6.2.7 Stabilize and Support Neighborhoods .......................................................................197
6.3 Quantified Objectives........................................................................................................................ 201
6.4 Affirmatively Furthering Fair Housing Meaningful Actions....................................................... 202 iv
City of Salinas
2023-2031 Housing Element (November 2023)
List of Tables
Table 1: Regional Population Trends (2000-2020) ........................................................................................... 16 Table 2: Population Growth (1990-2020) .......................................................................................................... 16 Table 3: Age Distribution (2010-2020)............................................................................................................... 17 Table 4: Racial and Ethnic Composition (2010-2020) ..................................................................................... 18 Table 5: Employment by Industry (2020)........................................................................................................... 19 Table 6: Largest Employers in Monterey County (2021)................................................................................. 19 Table 7: Labor Force Trends (2010-2021)......................................................................................................... 20 Table 8: Total Households (2000-2020)............................................................................................................. 21 Table 9: Household Size Distribution (2010-2020) .......................................................................................... 21 Table 10: Household Characteristics................................................................................................................... 22 Table 11: Occupied Units by Tenure (2020)...................................................................................................... 23 Table 12: Median Household Income (2010-2020).......................................................................................... 23 Table 13: Household Income by Tenure (2020) ............................................................................................... 24 Table 14: Distribution by Income Group (2022) .............................................................................................. 26 Table 15: Housing Unit Growth .......................................................................................................................... 26 Table 16: Housing Inventory by Unit Type (2010-2022)................................................................................. 27 Table 17: Unit Type by Tenure (2009-2013)...................................................................................................... 27 Table 18: Unit Size by Tenure (2020) ................................................................................................................. 28 Table 19: Occupancy Status (2010-2020)........................................................................................................... 29 Table 20: Tenure by Age of Housing Stock – Occupied Units (2020).......................................................... 29 Table 21: Units Lacking Plumbing or Complete Kitchen Facilities (2020)................................................... 30 Table 22: Median Home Prices (2021-2022) ..................................................................................................... 34 Table 23: Average Rent by Unit Size (2022)...................................................................................................... 35 Table 24: Housing Affordability Matrix - Monterey County (2022) .............................................................. 36 Table 25:Salinas Housing Cost Burden by Tenure (2022) ............................................................................... 38 Table 26: Housing Assistance Needs of Lower Income Households (2022) ............................................... 39 Table 27: Overcrowding by Tenure .................................................................................................................... 40 Table 28: Salinas Regional Housing Needs Allocation (2023-2031) .............................................................. 41 Table 29: Elderly Population and Disability Status (2010-2020) .................................................................... 42 Table 30: Median Household Income for by Age of Householder (2010-2020)......................................... 42 Table 31: Householders by Tenure and Age (2010-2020)............................................................................... 43 Table 32: Senior Housing Developments .......................................................................................................... 44 Table 33: Disability Characteristics (2020)......................................................................................................... 45 Table 34: Department of Developmental Services Consumers by ZIP Code (2022) ................................. 47 Table 35: Large Households by Tenure (2020) ................................................................................................. 51 Table 36: Homeless Population in Salinas and Monterey County (2016-2020) ........................................... 53 Table 37: Homeless Resources ............................................................................................................................ 56 Table 38: Farm Worker Employment Profile - Salinas, CA Metro Area (Monterey County) (2021) ....... 64 Table 39: Extremely Low-Income Households (2019) .................................................................................... 66 Table 40: Alisal NRSA vs. City of Salinas.......................................................................................................... 67 Table 41: Chinatown Plan Area vs. City of Salinas........................................................................................... 70 Table 42: Rental Subsidies Required................................................................................................................... 78 Table 43: General Plan Land Use Designations Allowing Residential ......................................................... 82 Table 44: Primary Uses- Residential Zoning Districts ..................................................................................... 84 Table 45: Permitted Uses...................................................................................................................................... 86 v
City of Salinas
2023-2031 Housing Element (November 2023)
Table 46: Summary of Residential Zoning Requirements ............................................................................... 96 Table 47: Summary of Commercial Zoning Requirements............................................................................. 98 Table 48: Summary of Mixed-Use Zoning Requirements............................................................................... 99 Table 49: Downtown Core Area Zoning Requirements ................................................................................ 103 Table 50: Residential Parking Requirements.................................................................................................... 105 Table 51: Mixed-Use Parking Requirements.................................................................................................... 106 Table 52: Planning Fees...................................................................................................................................... 111 Table 53: Residential Planning and Development Fees (April 2022)1 ......................................................... 112 Table 54: Street Design Standards..................................................................................................................... 117 Table 55: Salinas Inclusionary Housing Requirements .................................................................................. 119 Table 56: Mortgage Lending Approval Rates – Salinas Metropolitan Statistical Area (2021).................. 131 Table 57: RHNA 2023-2031 .............................................................................................................................. 134 Table 58: Comparison of Sites Inventory and RHNA ................................................................................... 135 Table 59: Credits Toward the RHNA ............................................................................................................... 136 Table 60: Vacant Residentially Zoned Land Inventory.................................................................................. 147 Table 61: Vacant Mixed Use Land Inventory .................................................................................................. 148 Table 62: Underutilized Land Inventory .......................................................................................................... 151 Table 63: West Area Specific Plan Land Inventory…………………………………………………...142 Table 64: Central Area Specific Plan Land Inventory………………………………………………...143 Table 65: Comparison of Existing Base Zoning and Draft Place Type Residential and Mixed Use Designations…………………………………………………………………………………………144
Table 66: Summary of Quantified Objectives (2023-2031)…………………………………………...184 Table 67: Summary of Meaningful Actions…………………………………………………………..186 List of Figures
Figure 3-1: City of Salinas Population Growth Forecast (2010-2045)........................................................... 17 Figure 3-2: Household Income (2010-2020)...................................................................................................... 24 Figure 3-3: Substandard Housing Code Enforcement Cases .......................................................................... 32 Figure 3-4: City Council Districts........................................................................................................................ 33 Figure 3-5: Alisal NRSA Location....................................................................................................................... 69 Figure 3-6: Chinatown Revitalization Area ........................................................................................................ 72 Figure 7: Central City Overlay ........................................................................................................................... 102 Figure 8: National Annual Average Mortgage Rates...................................................................................... 130 Figure 9: Residential Land Inventory ................................................................................................................ 146 1 City of Salinas
2023-2031 Housing Element (November 2023)
1. Introduction
Salinas is a community that values housing and believes in taking definitive action to support development of new housing and housing programs to support all members of our community. The City sees increasing the housing supply as a critical step needed to better the quality of life for the existing and future residents of Salinas.
The City of Salinas is facing an ongoing housing crisis with a low supply of units, rising rents and home prices, overcrowding, and a significant population of unhoused residents. Similar to many cities in California, housing affordability challenges have steadily increased in Salinas since the last Housing Element and were exacerbated further during the COVID-19 pandemic.
In response to these challenges, the City of Salinas has focused on advancing housing production and establishing programs to support residents with their housing needs. In the time since adoption of the 2015-2023 Housing Element update, the City has taken many meaningful steps to support housing development within the City. These include:
• Entitling two new Future Growth Areas that will provide over 8,000 housing units • Promoting Accessary Dwelling Unit (ADU) construction within the City and providing free preapproved ADU plans • Passing an Adaptive Reuse Ordinance to incentivize the conversion of office and retail buildings to provide new housing within the Downtown
• Utilizing SB2 grant funding to identifying and rezone infill opportunity sites throughout the City for housing, including rezoning downtown parking lots to mixed-use to incentivize development • Partnering with Monterey County to construct the City’s first low barrier, year-round homeless shelter, the SHARE Center
• Acquiring three (3) hotels through Project Homekey that will provide 202 new units of permanent supportive housing
• Establishing and operating the City’s COVID-19 Emergency Rental Assistance Program to support low-income residents at risk of eviction during the Pandemic • Establishing the City’s first Rental Registry program to create a database of rental units, monitor trends in the rental housing market, and increase access to fair housing services • Completing a Regional Farmworker Housing Study and Action Plan to support housing development for the farmworker community.
• Completing the Alisal Vibrancy and Chinatown Revitalization plans which helped shape new housing policy for two of Salinas’ most historically disinvested neighborhoods.
In March 2023, the City was honored to receive the official ProHousing Designation from the Office of Gov. Gavin Newsom., the first City on the Central Coast to receive the designation. The City looks forward to using the additional resources associated with the ProHousing designation to provide over $1 million in support of predevelopment, development, acquisition, rehabilitation, and preservation of multifamily housing that is affordable to extremely low, very low, low-, and moderate-income households (including necessary operating subsidies), and $510,000 towards homeownership opportunities, including, but not limited to, down payment assistance. 2 City of Salinas
2023-2031 Housing Element (November 2023)
The 2023-2031 Housing Element is a tool for the City to continue to address its housing challenges and plan for the community’s housing needs over the next eight-year planning cycle. Through research, analysis, and extensive public engagement, the Housing Element establishes the City’s official housing policies and objectives and identifies available candidate housing sites to accommodate the Regional Housing Needs Assessment (RHNA) goals as determined by the Association of Monterrey Bay Area Governments (AMBAG).
The Housing Element contains a detailed outline and work program of the City’s goals, policies, quantified objectives, and programs for the preservation, improvement, and development of housing for a sustainable future. The Housing Plan has the following six goals, each with a set of specific policies:
1. Increase Housing Supply and Opportunities for All
2. Provide Tenant Protections
3. Access to Safe and Healthy Housing for all Residents
4. Advance Housing Affordability and Opportunity at all Income Levels
5. Stabilize and Support Neighborhoods
6. Improve City Homeless Response
The Plan’s goals and policies reflect the new and recurring themes identified through the public outreach process and are consistent with the housing goals and policies identified in recent community planning efforts, such as the Alisal Vibrancy Plan.
The Housing Element will be implemented over the next eight years and will allow the City to build off recent successes in the development of critically needed housing and programs to ensure all Salinas residents have access to safe, affordable, stable, and equitable housing.
1.1 Overview of State Law Requirements
Every City and County in California must have a General Plan. The General Plan serves as the ‘constitution’ for development in the City. It is a comprehensive long-range planning document that describes goals, policies and programs to guide development and budgetary decision-making. Once the General Plan is adopted, all development-related decisions must be consistent with the Plan. The current Salinas General Plan was adopted in 2002. The City is in the process of conducting a comprehensive General Plan Update, Visión Salinas 2040, which is expected to be completed in 2024.
Every community’s General Plan must, by law, contain eight ‘elements’ that address defined sets of issues.
The State-mandated elements of the General Plan include Land Use, Circulation, Housing, Conservation, Open Space, Noise, Safety, and Environmental Justice. State law establishes general requirements for topics to be covered under each element of the General Plan. However, for the Housing Element, the State requirements are specific and extensive. New to the 6th Cycle are additional requirements for design and development of the site inventory, capacity calculations, infrastructure availability, non-vacant site suitability, size of sites, nonvacant site replacement units, and rezoning program requirements.
Jurisdictions must annually review their progress in implementing the Housing Element to ensure all programs are being appropriately addressed and implemented. State law also requires that housing elements be reviewed and updated at least every eight years following a State-initiated regional housing needs allocation process.
3 City of Salinas
2023-2031 Housing Element (November 2023)
The mandatory process of updating the Housing Element is initiated by the State through the “Regional Housing Needs Allocation” (RHNA) process. The State of California’s Housing and Community Development Department (HCD) works with regional Councils of Government (COGs) to determine the amount of housing needed within the region. The Association of Monterey Bay Area Governments (AMBAG) is the Monterey Bay Area region’s COG. The determination of housing needs is based on existing need and estimated population growth. Need is determined for households in all income categories: extremely low, very low, low, moderate, and above moderate incomes. In compliance with recent changes in state law related to equity and fair housing, AMBAG’s RHNA methodology allocated units to:
1. Increase the housing supply and mix of housing types, affordability in an equitable manner
2. Promote infill development & socio-economic equity, protect environmental and agricultural resources and encourage efficient development patterns
3. Promote an improved intraregional jobs-housing relationship including jobs housing fit
4. Balance disproportionate household income distributions
5. Affirmatively furthering fair housing
Once the total regional need is determined, AMBAG works with local governments and others to allocate the total need to individual cities and counties. Local governments are then required to plan where and how the allocated housing units can be accommodated within their communities. The most recent RHNA was adopted by AMBAG in 2022 covering the 2023-2031 planning period. The Housing Element planning period differs from the RHNA planning period. The Housing Element covers the planning period of December 15, 2023 through December 15, 2031. This Housing Element outlines how Salinas plans to accommodate its “fair share” of this need.
State law [Government Code Sections 65583 (a), (b), and (c)] specifically details the information housing elements must contain: (1) “an assessment of housing needs and an inventory of resources and constraints relevant to meeting these needs;” (2) “a statement of the community’s goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing;” and, (3) “a program that sets forth a schedule of actions during the planning period...to implement the policies and achieve the goals and objectives of the Housing Element.” For each action or program, the Housing Plan must identify the agency responsible, the time frame for implementation, and the number of units planned to be constructed, rehabilitated, or conserved, or number of households that will be assisted through (or by) the program.
Most importantly, State law [Government Code Sections 65583(c)(1) and (3)] requires that the Housing Element: (1) identify adequate sites with appropriate zoning densities and development standards, and infrastructure to meet the community’s need for housing (including its need for extremely low, very low, and low income households, mobile homes, housing for persons with disabilities (including developmental disabilities), farm worker housing and homeless shelters); and (2) “address, and where appropriate and legally possible, remove governmental constraints and nongovernmental” to housing development. 4 City of Salinas
2023-2031 Housing Element (November 2023)
1.1.1 State Review
State law requires that every new or updated housing element be submitted to HCD for review to ensure compliance with the State’s minimum requirements. This “certification” process is unique among the General Plan elements.
Housing Element updates are submitted twice to HCD for review and comment: once during development of the Housing Element (in draft form), and again after adoption of the Housing Element.
The first review period requires 90 days and must take place prior to adoption by the Salinas City Council.
A compliance finding by HCD is only made on the adopted Housing Element; that review requires 60 days. Throughout the process, the City works with staff at HCD to ensure the draft Element meets State requirements and serves the needs of current and future residents.
1.2 Consistency with General Plan
State Law requires internal consistency among the various elements of a General Plan. Section 65300.5 of the Government Code states that the General Plan's various elements shall provide an integrated and internally consistent and compatible statement of policy. City staff have reviewed the other elements of the General Plan and determined that this Housing Element provides consistency with the other elements of the General Plan. The City will maintain this consistency as future General Plan amendments are processed, by evaluating proposed amendments for consistency with all elements of the General Plan.
1.3 Affirmatively Furthering Fair Housing (AFFH)
The goal of Affirmatively Furthering Fair Housing (AFFH) is to combat housing discrimination, eliminate racial bias, undo historic patterns of segregation, and lift barriers that restrict access in order to foster inclusive communities and achieve racial equity, fair housing choice, and opportunity for all Californians.
In 2018, the City, as lead agency, entered into a collaborative agreement with the County of Monterey (Urban County), City of Monterey, City of Seaside and the Housing Authority of the County of Monterey (HACM) to conduct an update for a Regional Analysis of Impediments to Fair Housing Choice (AI). Completed in 2019, the AI is an assessment and planning document required by the United States Department of Housing and Urban Development (HUD). The AI assesses historical and existing fair housing conditions that will result in the development of future goals to better combat discrimination and increase housing choice and access in our community.
In 2018, the California State Legislature passed AB 686 to expand upon the fair housing requirements and protections outlined in the Fair Employment and Housing Act (FEHA). AB 686 creates new requirements for all housing elements due to be revised on or after January 1, 2021.
These requirements ensure that the obligation to affirmatively further fair housing is a part of a jurisdiction’s planning process and guiding documents for community development. The Housing Element analysis of AFFH required by AB 686 must include an analysis of Racially Concentrated Areas of Affluence, and that the Assessment of Fair Housing component of the Housing Element analyze patterns and trends at both a local and regional scale. 5 City of Salinas
2023-2031 Housing Element (November 2023)
1.4 Data Sources
Various sources of information were used to prepare the Housing Element. These include, but are not limited to:
Demographic and housing data provided by AMBAG, the State Department of Finance (DOF), and the Census Bureau;
Housing market information, such as home sales, rents, and vacancies from various real estate data services and the Home Mortgage Disclosure Act (HMDA); Analysis of Impediments to Fair Housing;
Consolidated Plan, 2020-2024;
2019 Regional Analysis of Impediments to Fair Housing Choice Building permit and zoning information from the City of Salinas Community Development Department;
Special needs housing and services data, including services for homeless and marginally housed, from service providers and the Coalition of Homeless Service Providers, Monterey County’s Continuum of Care;
City of Salinas plans and studies such as the Downtown Vibrancy Plan (2015), Economic Development Element (2017), Farmworker Housing Study and Action Plan (2018), Alisal Vibrancy Plan (2019), and the Chinatown Revitalization Plan (2019); Community Housing needs survey;
Interviews with housing professionals, service providers, and community stakeholders; and Comments received during community workshops.
1.5 Community Engagement
The City has actively engaged the community on the subject of housing since the adoption of the 2015- 2023 Housing Element. Community engagement for the Housing Element built upon the extensive bilingual community outreach conducted for the Alisal Vibrancy Plan, Chinatown Revitalization Plan, Regional Farmworker Housing Study and Action Plan, Visión Salinas Guiding Principles, Visión Salinas 2040 General Plan Update, and the 2023 and 2024 City Budgets.
The City began formal 2023-2031 Housing Element public engagement with an online Housing Element workshop on February 9, 2023 and will continue its outreach through Council consideration of the adoption of the 2023-2031 Housing Element in December 2023. The outreach strategy involves various methods of collecting community input, including community workshops, webinars, stakeholder interviews, housing surveys, pop-up community events, and the General Plan Steering Committee.
Through a Sustainable Agricultural Land Conservation (SALC) Planning Grant, the City is also partnering with Center for Community Advocacy (CCA) to deepen grassroots outreach. CCA reached nearly 300 people through 71 house meetings discussing housing needs.
A full discussion of the City’s engagement activities is included in Chapter 2 and Appendix C. 6 City of Salinas
2023-2031 Housing Element (November 2023)
1.6 Definitions
Affordable Housing: Housing capable of being purchased or rented by a household with extremely low, very low, low, or moderate income, based on a household’s ability to make monthly payments necessary to obtain housing. Housing is considered affordable when a household pays less than thirty percent (30%) of its gross monthly income (GMI) for housing including utilities.
Aging in Place: The ability to live in one’s own home and community safely, independently, and comfortably, regardless of age, income, or ability level.
Area Median Income: Area Median Income (AMI) as periodically established by the State Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code.
HCD uses the annual income survey conducted by the U. S. Department of Housing and Urban Development (HUD) to establish the AMI. Income limits for various income groups are established based on the AMI and adjusted for household size. “Area” refers to the Metropolitan Statistical Area, and for Salinas, this area is the County of Monterey.
Assisted Housing: Housing that has been subsidized by federal, state, or local housing programs.
Cost Burden: The extent to which gross housing costs, including taxes, insurance, and utility costs, exceed thirty percent (30%) of gross household income. Severe cost burden exists if gross housing costs exceed fifty percent (50%) of gross income.
Emergency Shelter: Housing for homeless persons that is limited to a maximum occupancy of six month or less and provides minimal supportive services. Emergency Shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care No individual or household may be denied emergency shelter because of an inability to pay.
Homeless: HUD adopted the following definition of homeless in the Continuum of Care program (24 CFR 578). Specifically, four categories of homelessness are defined:
(1) Individuals and families who lack a fixed, regular, and adequate nighttime residence and includes a subset for an individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter, or a place not meant for human habitation immediately before entering that institution;
(2) Individuals and families who will imminently lose their primary nighttime residence; (3) Unaccompanied youth and families with children and youth who are defined as homeless under other federal statutes who do not otherwise qualify as homeless under this definition; or (4) Individuals and families who are fleeing, or are attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member.
Household: For Census purposes, a household includes all the persons who occupy a housing unit.
People not living in households are classified as living in group quarters. 7 City of Salinas
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Housing Unit: A house, an apartment, a mobile home or trailer, a group of rooms, or a single room occupied as separate living quarters, or if vacant, intended for occupancy as separate living quarters.
Separate living quarters are those in which the occupants live separately from any other individuals in the building, and which have direct access from outside the building or through a common hall. For vacant units, the criteria of separateness and direct access are applied to the intended occupants whenever possible.
Income Levels: For the purpose of the Housing Element, the State Housing Element law [Government Code Section 65584] references the Health and Safety Code [Sections 50079.5, 50093, 50105, and 50106] to establish the following income levels:
Acutely Low Income: 0-15% of AMI
Extremely Low Income: 15% to 30% of AMI
Very Low Income: 30-50% AMI
Low Income: 50-80% AMI
Moderate Income: 80-120% AMI
Collectively, Extremely Low, Very Low, and Low Incomes are also referred to as Lower Income. These income limits are different from those used by HUD for Community Development Block Grant and HOME Investment Partnership Act programs. (Refer to the City’s Consolidated Plan and Analysis of Impediments to Fair Housing Choice for HUD income limits.) Large Employer: An employer of 500 or more employees.
Overcrowding: A household with more than one person per room, including bedrooms, living and dining rooms, but excluding bathrooms, kitchens, hallways, and porches. Severe overcrowding is defined as households with more than 1.50 persons per room.
Supportive Housing: Government Code Section 65582(f) defines “Supportive Housing” as “housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.” Target Population: Government Code Section 65582(i) further defines “Target Population” as persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
Tenure: Housing tenure describes the arrangement by which a household occupies a housing unit; that is, whether the housing unit is owner-occupied or renter-occupied.
Transitional Housing: Government Code Section 65582(j) defines “Transitional Housing” as buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a 8 City of Salinas
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predetermined future point in time that shall be no less than six months from the beginning of the assistance.
1.7 Organization of the Housing Element
This Housing Element is organized into the following sections:
Section 1: Introduction - An overview of the purpose and requirements of the Housing Element Section 2: Community Participation – A summary of community outreach and engagement efforts conducted as part of this update.
Section 3: Community Profile – An assessment of housing and demographic trends and the nature and extent of housing needs in the community.
Section 4: Housing Constraints – An analysis of market, governmental, and environmental constraints to housing development.
Section 5: Housing Resources – An inventory of resources available for implementing the City’s housing objectives.
Section 6: Housing Plan – An eight-year plan of action, including goals, policies, programs, and objectives.
Appendix A: Past Accomplishments
Appendix B: Sites Inventory
Appendix C: Community Engagement
Appendix D: Affirmatively Furthering Fair Housing
Appendix E: Future Growth Area Documents
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2. Community Participation
Following the adoption of the 2015-2023 Housing Element, the City embarked on various planning efforts with equity at the center. For the Salinas community this meant extensive bilingual and inclusive community outreach and opportunities to have a voice in the process, particularly regarding housing policy. In 2017, Visión Salinas was initiated to support community outreach and ensure equity and inclusion. Through the Alisal Vibrancy Plan (AVP) and the Chinatown Revitalization Plan (CRP) processes (both community focused planning efforts supported by Visión Salinas), Salinas residents highlighted various housing needs and concerns. This feedback has been augmented with the current input the City has received through the General Plan Update (Visión Salinas 2040) and 2023-2024 budget process.
The community outreach program involved various methods of collecting community input, including the formation of resident steering committees, city-wide community workshops, focused presentations with key stakeholders, working groups, pop-up activities and surveys. A summary of the community outreach and engagement process, as well as results, are included in Appendix C and full documentation is available upon request.
2.1 Visión Salinas: An Integrated Planning Initiative
Visión Salinas was created to set a foundation for the General Plan Update. Furthermore, through extensive multi-stakeholder collaboration and outreach, it helped establish an Overarching Core Value and Guiding Principles that will guide each policy and action in the General Plan.
Overarching Core Value: An inclusive, diverse, and welcoming City where all persons can thrive.
This Overarching Core Value is embedded in each of the following:
• Economic Prosperity, Equity, and Diversity
• Housing Opportunities for All
• Healthy and Safe Community
• Youth and Future
• Collaborative, Inclusive, and Engaged Decision Making • Livable and Sustainable Community
• Connectivity, Access, and Mobility
• A Community to Celebrate
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2.2 Alisal Vibrancy Plan
The AVP is the first time that the City and residents collaborated to create a systematic set of action steps to improve the quality of life for the hardworking families who live and work in the Alisal.
Residents, stakeholders, and the City wanted a community-driven plan that would contribute to community stability, health, and vibrancy for East Salinas families, and to do so in a way that builds upon the social and cultural wealth of the Alisal.
From June 2017 to April 2019, the City in collaboration with community members and grassroots organizations from the greater Alisal neighborhood, engaged residents and community stakeholders to develop Plan content. Through this process, the City adopted the Spectrum of Community Engagement to Empower for Impact Matrix (see Appendix C) to help ensure inclusive engagement and transparency in the process. AVP conversations often centered around housing which led to ample participation in the Housing Working Group. Subsequently, AVP Housing Goals have been carried over and expanded on in this Housing Element.
2.3 Chinatown Revitalization Plan
The CRP outreach strategy was developed with inclusivity at the center and the objective of engaging members of groups that have previously been excluded from governmental processes and/or resources.
To achieve this objective, the Plan’s robust engagement process not only involved residents, business owners, housing developers, social service providers, and cultural and faith-based organizations, it also included activities targeted to individuals experiencing homelessness.
Between January 2017 and May 2019, staff convened Working Groups comprised of non-technical stakeholders from four distinct interest groups in Chinatown: Asian community-based organizations, business and property owners, homeless individuals and service providers, and housing developers and residents interested in a more sustained level of engagement. The Plan outlines policies and actions that support Chinatown becoming a more complete community with a diversity of businesses, housing 11 City of Salinas
2023-2031 Housing Element (November 2023)
opportunities, and community programs and amenities. The CRP’s endeavor to tackle homelessness has been carried over to current Housing Element policies and actions.
2.4 Visión Salinas 2040
In 2021, Visión Salinas became Visión Salinas 2040, the official title of the City’s current General Plan Update. The Guiding Principles and previous engagement strategies have been carried over to the current GPU process, as well as the citywide budget engagement. Over the last 2 years, City staff has supported and coordinated various community workshops, stakeholder meetings, pop-up activities and surveys. This process has also included the formation of a resident steering committee to help guide the process and working groups focused on the General Plan Update’s main pillars: Built Environment, Socioeconomic Systems and Natural Systems. Though Visión Salinas 2040 covers the entire General Plan, housing is often the main topic of conversation.
Throughout the current GPU process, City staff has worked to ensure inclusive and equitable community engagement. At times it has meant additional community meetings in underrepresented areas, or pop-up activities at 5 a.m. while farmworkers pick-up their lunch at the local bakery. Outreach activities and opportunities for dialogue have been facilitated with the support of community-based organizations and the foundation set forth by previous planning efforts.
Access and equity are a top priority and staff have augmented efforts to bring more residents into the conversation. Community meetings have been held at various locations across the city to increase access and participation. At the request of community stakeholders, several meetings have been held in Spanish with English translation, a shift from the more routine English with Spanish translation approach.
Furthermore, meeting materials and presentations are prepared in both English and Spanish and food has been provided at every meeting. Opportunities for this engagement are advertised on the City’s website, social media, through flyer distribution, and email blasts. Details surrounding engagement outcomes can be found below and in Appendix C.
Community Outreach Activities
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A. Community Meetings
The current General Plan Update process has included extensive bilingual (virtual and in person) community engagement. Since its kick-off in 2021, the City has held eleven (11) workshops on broad topics, i.e., Land Use, Existing Conditions, Community Design, and Environmental Justice, two (2) housing working group meetings and three (3) Housing Element meetings. Over four hundred (400) Salinas stakeholders participated in the community workshops and working group meetings. Feedback from these meetings helped shape the current goals, policies and programs outlined in this Housing Element, particularly around tenant protections, programs for the unhoused, and new strategies for affordable housing development.
B. Sustainable Agriculture Lands Conservation Grant
In 2020, The City was awarded a grant through the California Department of Conservation, the Sustainable Agriculture Lands Conservation Grant (SALC) to support Visión Salinas 2040. The SALC grant has augmented public engagement efforts focused on direct outreach to farmworkers with housing being one of the main topics discussed. With the support of the Center for Community Advocacy (CCA) and eleven (11) General Plan Update Ambassadors, over nine hundred (900) farmworkers have been reached using pop-up activities, food bank distributions, and lunch time field visits. This outreach was supported by staff with the preparation of pop-up materials focused on environmental justice priorities (healthy and safe housing being one of them) and preferred housing densities. Broad engagement through food bank distribution and lunch time field visits focused on broad General Plan information but was often concentrated on housing challenges.
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2.5 City Budget Engagement
The Housing Element was also brought into the 2024-2025 budget engagement process. City staff held forty (40) pop-up activities across the city, which resulted in over one thousand six hundred (1,600) responses. Residents were asked to choose two (2) priorities for each of our Vision Salinas 2040 Guiding Principles. Under the Housing Opportunities for All category the priorities included: Tenant & Landlord Education & Support, Homeless Outreach and Support, Homeownership Promotion & Support, and Incentivize & Facilitate Housing Production. Overall, the top two priorities were: 1. Homeless Outreach & Support, and 2. Homeownership Promotion & Support.
The City also released a public survey using the same categories and priorities. The survey results included two thousand seven hundred eleven (2,711) responses and had Homeownership Promotion & Support as the top housing priority and Homeless Outreach & Support as the second.
2.6 2023-2031 Housing Element Engagement
The City kicked-off the official 2023-2031 Housing Element update with a webinar on February 9th, 2023 via Zoom. The Housing Element webinar served as an introduction to the update process, timeline, and next steps. The session was conducted in English with Spanish translation and included a short presentation followed by questions & answers. Following the Housing Element webinar, CCA and GPU Ambassadors began extensive engagement focused on housing challenges and concerns.
Engagement led by the GPU Ambassadors has included ninety-five (95) house meetings with over three hundred forty (340) Salinas residents reached. Residents were asked to identify housing challenges outside of cost, desired housing programs and experiences with housing discrimination. Nineteen (19) house meetings were in Mixteco, one (1) in Triqui and the rest in Spanish. 14 City of Salinas
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For the more extensive citywide engagement, staff partnered with City Councilmembers to facilitate conversations around new housing goals, policies, and actions. Three (3) Housing Element workshops were coordinated combining 2-3 Council Districts. Workshops were held in North Salinas, East Salinas and South Salinas and had over sixty (60) residents in attendance. Two of the workshops were conducted in English with Spanish translation including one with Mixteco translation and one in Spanish with English translation.
2.7 Upcoming Public Meetings and Hearings
The Draft Housing Element was available for public review from May 12, 2023 through June 20, 2023.
During this time, community members and other stakeholders were notified of and invited to attend three (3) public hearings (see list below) and share comments/concerns related to the Draft. Comments received and responses are a part of Appendix C.
Public Hearings
• May 17, 2023: Planning Commission Update on Draft Housing Element • June 6, 2023: Housing and Land Use Subcommittee Update on Draft Housing Element • June 20, 2023: City Council Presentation of Draft Housing Element and Resolution The City anticipates completing the 2023-2031 Housing Element by December 2023. The following is the anticipated schedule for public hearings and consideration of adoption:
• November 15, 2023: Planning Commission
• November 28, 2023: Housing and Land Use subcommittee
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• December 5, 2023: City Council adoption
2.8 Recurring Themes
Engagement following the adoption of the last Housing Element has produced extensive data related to housing needs and concerns, as well as policies and programs desired for implementation. Through the various community meetings, residents have highlighted the need for:
• Farmworker housing
• Support for the unhoused population
• Policies addressing tenant protections
• Affordable housing
• First-time homebuyer financial support and education.
Feedback from the various engagement activities has been sorted and incorporated into the Housing Element. See Appendix C for additional information, summaries community workshops and data collected.
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3. Community Profile
This section analyzes demographic and housing characteristics that influence the demand for and availability of housing. The analyses form a foundation for establishing programs and policies that seek to address identified housing needs.
3.1 Population Trends and Characteristics
Housing needs are influenced by population and employment trends. This section provides a summary of the changes to the population size, age, and racial/ethnic composition of the City of Salinas.
3.1.1 Historical, Existing, and Forecast Growth
The City of Salinas is one of twelve (12) cities within the County of Monterey. According to the U.S.
Census, Monterey County’s population was 439,035 in 2020. Monterey County is the largest of the three (3) central coast counties, followed by Santa Cruz County and San Benito County. Overall, the County has experienced a steady population growth over the last two decades. From 2000 to 2020, the County population increased by nine percent (9%). Table 1 lists the counties in Central California and their respective populations.
Table 1: Regional Population Trends (2000-2020)
County 2000 2010 2020
Monterey County 401,762 415,057 439,035
Santa Cruz County 255,602 262,382 270,861
San Benito County 53,234 55,269 64,209
Source: U.S. Census 2000 STF1, U.S. Census 2010 SF1, and U.S. Census 2020 DEC.
According to the State Department of Finance (DOF), Salinas experienced a 31% population increase between 1990 and 2000 and a 5.4% increase between 2000 and 2010. Between 2010 and 2020, the population increased another 7.4%. Thus, while Salinas’s population increased more than twice as fast as the overall County during 1990-2000, that growth slowed during the last 10 years (Table 2). In 2020, the population of Salinas accounted for 37% of the County total. As indicated in Figure 3-1: City of Salinas Population Growth Forecast (2010-2045), the Association of Monterey Bay Area Governments (AMBAG) forecasts continuous growth in Salinas over the next 20 years, with a forecast population of 177,128 in 2045.
Table 2: Population Growth (1990-2020)
Year City of Salinas Monterey County
Population % Change Population % Change
1990 108,777 -- 355,660 --
2000 142,685 31.2% 401,762 13.0%
2010 150,441 5.4% 415,057 3.3%
2020 161,577 7.4% 439,035 5.8%
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Source: California Department of Finance (DOF), E-4: Population Estimates for Cities, Counties, and the State, 1990-2020.
Figure 3-1: City of Salinas Population Growth Forecast (2010-2045) Source: Association of Monterey Bay Area Governments (AMBAG) Final Draft Subregional Growth Forecast, 2022.
3.1.2 Age Composition
Between 2010 and 2020, Salinas’ population experienced growth in all age groups. The “prime working” population, residents between the ages of 25-54 years, remains the largest age group in the City. According to the American Community Survey (ACS), between 2010 and 2020, the percentage of residents over age 55 increased while some of the City’s younger population decreased proportionally (specifically the 0-4 year and 18–24-year age groups). The ACS data indicates that the City is aging but still has a younger population compared with the County population. The median age in the City was 31 years old in 2020, a slight increase from the median age of 28.7 years recorded in 2010. In comparison, the median age countywide was 34.7 in 2020.
Table 3: Age Distribution (2010-2020)
Age Group
2010 2020
City of
Salinas
Monterey
County
City of
Salinas
Monterey
County
0 - 4 Years 9.6% 8.0% 8.4% 7.1%
5 - 17 Years 22.2% 18.8% 22.2% 19.1%
18 - 24 Years 11.5% 11.2% 10.1% 10.0%
25 - 44 Years 30.2% 28.5% 30.0% 27.4%
45 - 54 Years 11.5% 13.1% 10.8% 11.8%
55 - 64 Years 7.4% 9.9% 9.2% 11.1%
65+ 7.8% 10.4% 9.2% 13.6%
Total 147,074 407,435 156,177 432,977
Median Age 28.7 32.8 31.0 34.7
Source: American Community Survey (ACS) 2006-2010 and 2016-2020 (5-Year Estimates). 18 City of Salinas
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3.1.3 Race and Ethnicity
Salinas residents are predominantly Hispanic or Latino, and the Latino percentage increased between 2010 and 2020. As of 2020, 79% of Salinas’ residents were of Hispanic or Latino origin (Table 4). Between 2010 and 2020, the Non-Hispanic White, Black/African American, American Indian or Alaska Native, Native Hawaiian and other Pacific Islander, and other populations each decreased significantly. During the same period, the Hispanic/Latino population grew by 78.1%. The Asian population represents the third largest ethnic group in the City, comprising 6% of the population in 2010 and 2020. Monterey County has a larger non-Hispanic White population compared to Salinas (29.5% vs. 12.1%, respectively).
Table 4: Racial and Ethnic Composition (2010-2020)
Ethnic Group 2010 2020
City of Salinas Monterey County City of Salinas Monterey County White, non-Hispanic 24,951 17.0% 139,535 34.2% 18,918 12.1% 127,632 29.5% Black/African American. NonHispanic 2,165 1.5% 12,089 3.0% 1,721 1.1% 10,471 2.4% American Indian or Alaska
Native, non-Hispanic 251 0.2% 1,158 0.3% 125 0.1% 657 0.2% Asian, on-Hispanic 9,213 6.3% 24,523 6.0% 9,386 6.0% 24,133 5.6% Native Hawaiian and Other
Pacific Islander, non-Hispanic 157 0.1% 1,736 0.4% 97 0.1% 1,839 0.4% Other, non-Hispanic 254 0.2% 1,105 0.3% 109 0.1% 764 0.2% Two or more races, nonHispanic 1,172 0.8% 8,421 2.1% 2,087 1.3% 11,969 2.8% Hispanic or Latino 108,911 74.1% 218,868 53.7% 123,734 79.2% 255,512 59.0% Total Population 147,074 100% 407,435 100% 156,177 100% 432,977 100% Source: 2006-2010 and 2016-2020 ACS (5-Year Estimates).
3.2 Employment Trends
Housing needs are influenced by employment trends. Significant employment opportunities within the City can lead to growth in demand for housing in proximity to jobs. The quality and/or pay of available employment can determine the need for various housing types and prices.
As shown in Table 5, according to the 2016-2020 ACS, nearly 20% of Salinas’ residents are employed in educational, health and social services. About 16% are employed in agriculture, forestry, fishing and hunting, and mining, 10% percent are employed in professional, scientific, management, administrative, and waste management services, 9.5% are employed in retail trade, 7.4% are employed in construction, and 7.2% are employed in manufacturing. Educational, health, and social services also represents the largest employing industry countywide. Table 6 lists the companies located within Monterey County with the most employees.
Table 7 shows Salinas’ labor force, which decreased slightly from 78,300 in 2010 to 77,300 in 2021.
According to the California Employment Development Department (EDD), the unemployment rate in Salinas in 2021 was 10.3%, slightly higher than 8.3% countywide. Both Salinas and the County saw unemployment rates spike in 2020 amidst the COVID-19 pandemic. In Salinas, unemployment rate increased from 8.5% in 2019 to 13.2% in 2020. Similarly, the unemployment rate in Monterey County 19 City of Salinas
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increased from 6.4% to 11.2% during the same period. Both Salinas and the County saw a reduction in unemployment between 2020 and 2021.
During harvest periods when workloads increase, the need to supplement the permanent labor force is satisfied with seasonal workers. Often these seasonal workers are migrant workers, defined by the inability to return to their primary residence at the end of the workday. The agricultural workforce in Monterey County does include many jobs, including weeding, thinning, planting, pruning, irrigation, tractor work, pesticide applications, harvesting, transportation to the cooler or market, and a variety of jobs at packing and processing facilities. It is therefore difficult to estimate the number of farm workers residing in the County or City of Salinas. The 2017 USDA Census of Farmworkers reported 26,929 farmworkers in the County, a decrease from 32,872 in 2012. Of the 26,929 farmworkers employed, 4,972 are migrant workers.
According to 2016-2020 ACS, there were 11,469 workers employed in farming, fishing, and forestry occupations living in Salinas (16.7% of the City’s civilian employed population 16 years and over).
Table 5: Employment by Industry (2020)
Industry Salinas Monterey County
Employees % Employees %
Agriculture, Forestry, Fishing and Hunting, and Mining 6,995 15.5% 15,035 12.3% Construction 3,359 7.4% 9,292 7.6%
Manufacturing 3,238 7.2% 8,250 6.7%
Wholesale Trade 1,491 3.3% 3,647 3.0%
Retail Trade 4,315 9.5% 10,616 8.7%
Transportation and Warehousing, and Utilities 2,544 5.6% 5,518 4.5% Information 481 1.1% 1,804 1.5%
Finance, Insurance, Real Estate, and Rental and
Leasing 1,394 3.1% 5,215 4.2%
Professional, Scientific, Management, Administrative,
and Waste Management Services 4,482 9.9% 13,357 10.9%
Educational, Health and Social Services 8,900 19.7% 24,307 19.8% Arts, Entertainment, Recreation, Accommodation and
Food Services 3,116 6.9% 12,120 9.9%
Other Services (except Public Administration) 2,166 4.8% 5,031 4.1% Public Administration 2,779 6.1% 8,528 6.9%
Total 45,260 100.0% 122,720 100.0%
Note: Total population is the full-time, year-round, civilian employed population aged 16 and older.
Source: 2016-2020 ACS (5-Year Estimates).
Table 6: Largest Employers in Monterey County (2021)
Company Number of Employees
Azcona Harvesting (Greenfield) 1,000-4,999
Bud of California (Soledad) 1,000-4,999
Pebble Beach Co (Pebble Beach) 1,000-4,999
Premium Harvesting & Packing (Salinas) 1,000-4,999
Salinas Valley Mem’l Healthcare (Salinas) 1,000-4,999
Al Pak Labor (Soledad) 500-999
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Table 6: Largest Employers in Monterey County (2021)
Company Number of Employees
County-Monterey Behavioral (King City) 500-999
Growers Co (Salinas) 500-999
Hilltown Packing Co Inc (Salinas) 500-999
Mann Packing Co Inc (Salinas) 500-999
Mee Memorial Hospital (King City) 500-999
Middlebury Institute-Intl Stds (Monterey) 500-999
Misionero Vegetables (Gonzales) 500-999
Monterey County Social Svc Dpt (Salinas) 500-999
Monterey Peninsula College (Monterey) 500-999
Natividad Medical Ctr (Salinas) 500-999
Quality Farm Labor (Gonzales) 500-999
R C Packing (Gonzales) 500-999
US Defense Dept (Seaside) 500-999
US Defense Manpower Data Ctr (Seaside) 500-999
Valley Harvesting (Greenfield) 500-999
Source: State of California, Employment Development Department (EDD), 2021.
Table 7: Labor Force Trends (2010-2021)
Year Labor Force Employment Unemployment Unemployment
Rate
2010 78,300 67,500 10,700 13.7%
2011 78,400 67,700 10,600 13.5%
2012 78,600 68,900 9,700 12.4%
2013 78,200 69,600 8,600 11.0%
2014 78,800 71,200 7,600 9.7%
2015 79,000 72,200 6,800 8.6%
2016 80,400 72,400 8,000 9.9%
2017 80,200 72,700 7,500 9.4%
2018 80,900 73,900 6,900 8.6%
2019 80,600 73,800 6,900 8.5%
2020 78,000 67,700 10,300 13.2%
2021 77,300 69,300 8,000 10.3%
Source: State of California Employment Development Department (EDD), 2021.
3.3 Household Characteristics
This section describes Salinas’ household characteristics. The Census Bureau defines a household as all persons living in a single housing unit. One person living alone is considered a household, as is a group of unrelated people living in a single housing unit.
21 City of Salinas
2023-2031 Housing Element (November 2023)
3.3.1 Household Formation and Composition
In 2020, the ACS reported 41,296 households in Salinas, a 0.7% increase from 2010 (see Table 8). In comparison, total households in Monterey County increased by 2.4% and total households in California increased by 5.7% between 2000 and 2010. The household growth rate in the City has significantly slowed since 2000; between 2000 and 2010, Salinas saw an increase in households by 7.3%.
Table 8: Total Households (2000-2020)
Area 2000 2010 2020
Percent
Increase
2000-2010
Percent
Increase
2010-2020
Salinas 38,227 41,009 41,296 7.3% 0.7%
Monterey County 121,236 124,963 128,003 3.1% 2.4%
California 11,502,870 12,392,852 13,103,114 7.7% 5.7%
Source: U.S. Census 2000 SF3 H16; 2006-2010 and 2016-2020 ACS (5-Year Estimates).
As shown in Table 9, households of three to four persons made up the largest segments of both ownerand renter-occupied households in 2010 and 2020. The proportion households with five or more people have increased in both the owner and renter populations. Households of five or more people represent the second largest share of households by size. During the same period, the share of one person and two person households has decreased. Large households of five or more persons are further discussed in Section 3.5.4, Special Needs Groups.
Table 9: Household Size Distribution (2010-2020)
Household
Size
Total
Households
% of
Total
Renter
Households %1 Owner Households %2
2010
1 Person 7,491 18.3% 4,267 19.8% 3,224 16.6%
2 Persons 8,821 21.5% 3,699 17.2% 5,122 26.3%
3-4 Persons 14,591 35.6% 7,773 36.0% 6,818 35.1%
5+ Persons 10,106 24.6% 5,828 27.0% 4,278 22.0%
Total 41,009 100.0% 21,567 100.0% 19,442 100.0%
2020
1 Person 6,604 16.0% 3,544 16.5% 3,060 15.5%
2 Persons 8,765 21.2% 3,757 17.5% 5,008 25.3%
3-4 Persons 14,566 35.3% 7,910 36.7% 6,656 33.7%
5+ Persons 11,361 27.5% 6,319 29.3% 5,042 25.5%
Total 41,296 100.0% 21,530 100.0% 19,766 100.0%
Notes:
1. Percent of total renters
2. Percent of total owners
Source: 2006-2010 and 2016-2020 ACS (5-Year Estimates).
The majority of households in Salinas are family households (79.3%), a higher proportion than the County as a whole (72.6%) (Table 10). About 42.2% of all households in the City are families with children. Nearly 33% of households have at least one elderly member (60+ years), and 7.1% of all households are seniors aged 65 and older living alone. As of 2020, the average household size in Salinas is 3.74 persons per 22 City of Salinas
2023-2031 Housing Element (November 2023)
household, higher than the Monterey County average of 3.25 persons per household. According to the 2006-2010 ACS, the average household size in Salinas in 2010 was 3.55, indicating households have increased in size over the last 10 years. These numbers also indicate a higher level of overcrowding than other local communities. Since the 2006-2010 ACS, the average household size for both renters and owners has increased. According to the 2006-2010 ACS, the average household size for renter-occupied units was 3.19 and the average household size for owner-occupied units was 3.06 in 2010.
Table 10: Household Characteristics
Household Type City of Salinas Monterey
County
Household Growth (2010-2020)
Households (2020) 41,296 128,003
Households (2010) 41,009 124,963
% Change 2010-2020 0.7% 2.4%
Household Type (2020)
Families 79.3% 72.6%
Families with Children 42.2% 33.2%
Married Families With Children 28.2% 23.6%
Male Headed Families with Children 3.8% 3.3%
Female Headed Families with Children 10.2% 6.4%
Non Family Households 20.7% 27.4%
Senior Living Alone (65+) 7.1% 10.1%
Households with elderly (60+ years) members 32.9% 41.1% Household Size (2020)
Average Household Size 3.74 3.25
Average Household Size - Owners 3.55 3.12
Average Household Size - Renters 3.92 3.38
Large Households (5+) 27.5% 20.0%
Large Households - Owners 25.5% 18.0%
Large Households - Renters 29.3% 22.0%
Source: 2006-2010 and 2016-2020 ACS (5-Year Estimates).
3.3.2 Tenure
Housing tenure refers to the financial arrangement and ownership status of a house or apartment. Tenure preferences are primarily related to household income, composition, and age of the householder.
Communities need to have an adequate supply of units available both for rent and for sale in order to accommodate a range of households with varying incomes, family sizes, composition, lifestyles, etc.
Approximately 48% of Salinas’ households are owner-occupied households and 52% of the households are renter-occupied households as of 2020. As shown in Table 11, Salinas has a smaller share of owneroccupied households compared to the County (51.8%) and the State (55.3%). The proportion of owneroccupied households in Salinas has increased slightly since the 2006-2010 ACS, when 47.4% of households were owners.
23 City of Salinas
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Table 11: Occupied Units by Tenure (2020)
Owner-Occupied Renter- Occupied Total
Households Percent Households Percent Households
Salinas 19,766 47.9% 21,530 52.1% 41,296
Monterey County 66,346 51.8% 61,657 48.2% 128,003
California 7,241,318 55.3% 5,861,796 44.7% 13,103,114
Source: 2016-2020 ACS (5-Year Estimates).
3.3.3 Household Income
As indicated in Table 12, according to the 2016-2020 ACS, the median household income for the City of Salinas is $67,914. In 2020, about a third (34.3%) of households earned less than $50,000 and only 13.2% of the households earned more than $150,000 (Table 12 and Table 13). The median income for owneroccupied households is $91,499, significantly higher than the median income amongst renter-occupied households ($52,689).
The City’s median income is 11.7% lower than the County median household income of $76,943 and
13.7% lower than the State median household income of $78,672. Table 12 shows median household income in the City, Monterey County, and State of California in 2010 and 2020.
According to 2006-2010 and 2016-2020 ACS data, adjusting for inflation, the median income has increased in Salinas, Monterey County, and the State (Table 12). The median income in Salinas increased the most significantly during this period (+12.3%) compared to the County (+9%) and California (+8.5%). Further, the median income amongst Salinas renters has increased 18.2% since the 2006-2010 ACS, while the median income amongst owners increased only 8.7%. This reflects the high increase citywide, as Salinas is a predominantly renter-occupied community. As noted in Table 11 above, 52.1% of households in the City are renters.
Table 12: Median Household Income (2010-2020)
Jurisdiction
Median
Household
Income (2010)1
Median
Household
Income (2010)2
Median
Household
Income (2020)
Percent
Change
(2010-2020)2
City of Salinas $50,808 $60,488 $67,914 12.3%
Owner-Occupied Households $70,702 $84,172 $91,499 8.7%
Renter-Occupied Households $37,439 $44,572 $52,689 18.2% Monterey County $59,271 $70,564 $76,943 9.0%
State of California $60,883 $72,483 $78,672 8.5%
Notes:
1. Not adjusted for inflation
2. In 2020 inflation-adjusted dollars
Source: 2006-2010 and 2016-2020 ACS (5-Year Estimates); U.S. Bureau of Labor Statistics CPI Inflation Calculator, Accessed November 2022.
24 City of Salinas
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Table 13: Household Income by Tenure (2020)
Owner-Households Renter-Households Total Households
Households Percent Households Percent Households Percent Less than $5,000 219 1.1% 355 1.6% 574 1.4%
$5,000 to $9,999 281 1.4% 634 2.9% 915 2.2%
$10,000 to $14,999 165 0.8% 977 4.5% 1,142 2.8%
$15,000 to $19,999 392 2.0% 968 4.5% 1,360 3.3%
$20,000 to $24,999 339 1.7% 1,507 7.0% 1,846 4.5%
$25,000 to $34,999 924 4.7% 2,101 9.8% 3,025 7.3%
$35,000 to $49,999 1,732 8.8% 3,570 16.6% 5,302 12.8%
$50,000 to $74,999 3,332 16.9% 5,055 23.5% 8,387 20.3%
$75,000 to $99,999 3,685 18.6% 2,791 13.0% 6,476 15.7%
$100,000 to $149,000 4,453 22.5% 2,374 11.0% 6,827 16.5% $150,000 or more 4,244 21.5% 1198 5.6% 5,442 13.2%
Total 19,766 100.0% 21,530 100.0% 41,296 100.0%
Source: 2016-2020 ACS (5-Year Estimates).
Figure 3-2: Household Income (2010-2020)
Source: 2006-2010 and 2016-2020 ACS (5-Year Estimates). 25 City of Salinas
2023-2031 Housing Element (November 2023)
For the purposes of the Housing Element, the State Department of Housing and Community Development (HCD) has established five income groups based on Area Median Income (AMI):1 Acutely Low Income: 0-15% of AMI
Extremely Low Income: 15-30% of AMI
Very Low Income: 31-50% of AMI
Low Income: 51-80% of AMI
Moderate Income: 81- 120% AMI
Above Moderate Income: >120% AMI
Pursuant to state and federal regulations, the Area Median Income refers to the median income for the Metropolitan Statistical Area. For the City of Salinas, this area refers to the County of Monterey. County Median Income as published by HCD must be used to establish income groups for the purpose of the Housing Element.
The U.S. Department of Housing and Urban Development (HUD) periodically receives “custom tabulations” of Census data from the Census Bureau that are largely not available through standard Census products. The most recent estimates were released in 2022 using the 2015-2019 ACS. This dataset, known as the “CHAS” data (Comprehensive Housing Affordability Strategy), demonstrates the extent of housing problems and housing needs, particularly for lower-income households. According to the CHAS data in Table 14, 55.2% of Salinas households are considered lower income, earning less than 80% of the AMI.
Renter-occupied households are significantly more likely to be lower income. Nearly 71% of renters in Salinas earn less than 80% of the AMI compared to only 36% of owners.
Salinas has a larger proportion of lower income households compared to the County. Only 45.6% of households countywide are lower income, including 31.3% of owners and 60.6% of renters. More than half (54.4%) of households in Monterey County are in the moderate or above moderate-income category compared to only 44.8% in Salinas. However, Monterey County has some extremely wealthy households in the Pebble Beach, Carmel and Carmel Valley areas which would raise the countywide statistic. 1 State income definitions are different than federal income definitions. For federal housing programs, eligibility is established for households with incomes up to only 80% of the AMI. These households, under the federal definition, are considered moderate income. For housing plans that are required by federal regulations, such as the Consolidated Plan and Analysis of Impediments to Fair Housing Choice, the federal income definitions are used. 26 City of Salinas
2023-2031 Housing Element (November 2023)
Table 14: Distribution by Income Group (2022)
Income Group Salinas Monterey County
Owners Renters Total Owners Renters Total
Extremely Low Income
(0-30%) 7.5% 23.3% 16.2% 6.4% 18.4% 12.3%
Very Low Income
(31-50%) 8.4% 20.8% 15.2% 8.8% 18.7% 13.7%
Low Income
(51-80%) 20.0% 26.9% 23.8% 16.1% 23.4% 19.7%
Moderate/Above Moderate Income
(>80%) 64.1% 29.1% 44.8% 68.7% 39.4% 54.4%
Total Households 18,285 22,515 40,800 64,900 62,255 127,155 Note: Data presented in this table is based on special tabulations from sample Census data. The number of households in each category usually deviates slightly from the 100% count due to the need to extrapolate sample data out to total households. Interpretations of this data should focus on the proportion of households in need of assistance rather than on precise numbers. Furthermore, because HUD programs do not cover households with incomes above 80% of the County AMI, CHAS data does not provide any breakdown of income groups above 80 percent AMI.
Sources: HUD Comprehensive Housing Affordability Strategy (CHAS) Data (based on 2015-2019 ACS), 2022.
3.4 Housing Inventory and Market Conditions
This section describes the housing stock and market conditions in the City of Salinas. By analyzing past and current housing trends, future housing needs can be projected.
3.4.1 Housing Growth
According to the State Department of Finance (DOF), slightly more than 30% of Monterey County’s housing units were located within the City of Salinas in 2010 and in 2020 (see Table 15). Between 2010 and 2020, the DOF recorded an increase in housing units in Salinas by 1.8%, as Salinas housing construction experienced a very slow recovery from the Great Recession. During the same period, the number of housing units in the neighboring jurisdictions and the also County increased. Between 2020 and 2022, the number of housing units increased by 2.4% countywide. Salinas saw the highest increase in units during this period. The number of housing units in Salinas increased from 43,411 units in 2020 to 44,749 in 2022, or 3.1%. The DOF reported a decrease in housing units between 2020 and 2022 for both Seaside and Pacific Grove, while the number of units in the City of Monterey grew by only 0.7%.
Table 15: Housing Unit Growth
City/County # of Units
(2010)
# of Units
(2020)
# of Units
(2022)
Percent Change
(2010-2020)
Percent Change
(2020-2022)
Salinas 42,647 43,411 44,749 1.8% 3.1%
Seaside 10,883 10,920 10,818 0.3% -0.9%
Monterey 13,582 13,705 13,806 0.9% 0.7%
Pacific Grove 8,166 8,201 8,195 0.4% -0.1%
Monterey County 139,035 141,764 145,125 2.0% 2.4%
Source: State Department of Finance (DOF) Housing Estimates, January 2010, 2020, and 2022. 27 City of Salinas
2023-2031 Housing Element (November 2023)
3.4.2 Unit Type and Size
A. Composition of Housing Stock
Table 16 shows DOF housing estimates for Salinas from 2010 to 2022. The DOF, which records building permit data submitted by local jurisdictions, estimates that single-family detached units (54.7%) and multifamily units (36%) were the largest housing types in Salinas. From 2010 to 2022, the number of units for all housing types increased. During this period, however, the proportion of detached single-family units has decreased slightly, from 55.2% in 2010 to 54.9% in 2022. Conversely, the proportion of multi-family units increased during this period, from 35.2% in 2010 to 35.7% in 2022.
Table 16: Housing Inventory by Unit Type (2010-2022)
Housing Type 2010 2020 2022
Units Percent Units Percent Units Percent
Single family, detached 23,540 55.2% 23,826 54.9% 24,479 54.7% Single family, attached 2,731 6.4% 2,737 6.3% 2,798 6.3% Multi-family 15,029 35.2% 15,497 35.7% 16,091 36.0%
Mobile homes/Other 1,351 3.2% 1,351 3.1% 1,381 3.1%
Total Housing Units 42,651 100.0% 43,411 100.0% 44,749 100.0% Source: DOF, City/County Population and Housing Estimates, 2010-2022.
Owner-occupied housing units were predominately single-family detached, comprising 87.1% of all owner-occupied units (Table 17). Most renter-occupied units were multi-family (five or more units in the complex) with 44.2% of total renter-occupied units. Only 2.5% of owners live in multi-family housing units. Similarly, only 30.3% of renters reside in single family detached units.
Table 17: Unit Type by Tenure (2016-2020)
Owner-Occupied Renter- Occupied Total Occupied
Housing Units
Units Percent Units Percent Units Percent
Single family, detached 17,213 87.1% 6,513 30.3% 23,726 57.5% Single family, attached 857 4.3% 1,813 8.4% 2,670 6.5%
Multi-family (2-4 units) 354 1.8% 3174 14.7% 3,528 8.5% Multi-family (5+ units) 132 0.7% 9,526 44.2% 9,658 23.4% Mobile Homes/Other 1,210 6.1% 504 2.3% 1,714 4.2%
Total 19,766 100.0% 21,530 100.0% 41,296 100.0%
Source: 2016-2020 ACS (5-Year Estimates).
According to 2016-2020 ACS estimates, most occupied units are two- and three-bedroom units (Table 18). Approximately 28.4% of occupied units have two bedrooms and 37.5% have three bedrooms. The largest share of renter-occupied units are two-bedroom units (41%) while the largest share of owneroccupied units are three-bedroom units (51.1%). A larger proportion of owner-occupied units have four or more bedrooms (31.9%) compared to renter-occupied units (8.5%). A quarter of renter-occupied units are three-bedroom units and 21.4% are one-bedroom units. 28 City of Salinas
2023-2031 Housing Element (November 2023)
Table 18: Unit Size by Tenure (2020)
Owner-Occupied Renter- Occupied Total Occupied
Housing Units
Units Percent Units Percent Units Percent
Studio/No bedroom 315 1.6% 869 4.0% 1,184 2.9%
1 bedroom 157 0.8% 4,609 21.4% 4,766 11.5%
2 bedrooms 2,893 14.6% 8,834 41.0% 11727 28.4%
3 bedrooms 10,097 51.1% 5,384 25.0% 15481 37.5%
4 bedrooms 5,276 26.7% 1,634 7.6% 6910 16.7%
5 or more bedrooms 1,028 5.2% 200 0.9% 1228 3.0%
Total 19,766 100.0% 21,530 100.0% 41,296 100.0%
Source: 2016-2020 ACS (5-Year Estimates).
B. Vacancy Rates
A certain number of vacant units are needed to moderate the cost of housing, allow sufficient choice for residents, and provide an incentive for unit upkeep and repair. Vacancy rates are generally higher among rental properties, as rental units have greater attrition than owner-occupied units. A healthy vacancy rate ― one which permits sufficient choice and mobility among a variety of housing units ―is considered 2% to 3% for ownership units and 5% to 6% for rental units.2 In 2010, the vacancy rate in Salinas was 6.6% (Table 19). Since the 2006-2010 ACS, the vacancy rate has decreased for both for-sale and rental housing.
Overall, the 2016-2020 ACS reported a vacancy rate of 3.2%, including vacancy rates of 0.9% for for-sale housing and 1.8% for for-rent housing. Other units were vacant due to foreclosures, seasonal occupancy, or other reasons. The real vacancy rate for the City is within the lower ranges, indicating more limited housing options and mobility for residents.
2 The Association of Monterey Bay Area of Governments (AMBAG) in developing the Regional Housing Needs Allocation (RHNA) for this Housing Element considered a vacancy rate for a healthy rental housing market to be no less than 5%. 29 City of Salinas
2023-2031 Housing Element (November 2023)
Table 19: Occupancy Status (2010-2020)
Occupancy Status 2010 2020
Units Percent Units Percent
Occupied Housing Units 41,009 93.4% 41,296 96.8%
Vacant Housing Units 2,880 6.6% 1,379 3.2%
For-Sale --- 2.5% --- 0.9%
For-Rent --- 5.8% --- 1.8%
Total Housing Units 43,889 100.0% 42,675 100.0%
Source: 2006-2010 and 2016-2020 ACS (5-Year Estimates).
3.4.3 Housing Conditions
A. Age of Housing Stock
The age of a housing unit is often an indicator of housing conditions. In general, housing that is 30 years or older may exhibit a need for repairs based on the useful life of materials. Housing over 50 years old is considered aged and is more likely to exhibit a need for major repairs.
The ACS provides data on the age of housing stock by tenure. Nearly 72% of owner-occupied units in the City were built before 1990 including 44.2% built before 1970. Of the renter-occupied units, 74.3% were built before 1990 and 37.8% were built before 1970. Table 20 provides a summary of the age of the City’s housing stock by tenure. Based on the age alone, a significant portion of the housing stock may require rehabilitation work in the upcoming decade. Only 27% of the housing stock citywide was built in 1990 or later.
Table 20: Tenure by Age of Housing Stock – Occupied Units (2020) Year Built Owner-Occupied Renter- Occupied Total Occupied Housing Units Units Percent Units Percent Units Percent
2010 or later 123 0.6% 682 3.2% 805 1.9%
2000 – 2009 2,130 10.8% 1,785 8.3% 3,915 9.5%
1990 - 1999 3,362 17.0% 3,056 14.2% 6,418 15.5%
1980 - 1989 2,196 11.1% 3,672 17.1% 5,868 14.2%
1970 - 1979 3,228 16.3% 4,195 19.5% 7,423 18.0%
1960 - 1969 3,242 16.4% 2,776 12.9% 6,018 14.6%
1950 - 1959 2,645 13.4% 2,609 12.1% 5,254 12.7%
1940 - 1949 1,508 7.6% 1,777 8.3% 3,285 8.0%
1939 or earlier 1332 6.7% 978 4.5% 2,310 5.6%
Total 19,766 100.0% 21,530 100.0% 41,296 100.0%
Note: The data are from the ACS and therefore, is based on a sample of units and extrapolated to represent the entire housing stock. This table is intended only to provide a general picture of age and tenure of the housing stock.
Source: 2016-2020 ACS (5-Year Estimates).
B. Housing Conditions
Given the age of the housing stock in the City, the number of substandard housing units is moderate.
Housing is subject to gradual deterioration over time, and therefore housing age can indicate general 30 City of Salinas
2023-2031 Housing Element (November 2023)
housing conditions within a community. a majority of the housing stock in Salinas was constructed prior to 1980. According to the City’s 2020-2024 Consolidated Plan, approximately 59% of owner-occupied housing and 58% of renter-occupied housing in the City is over 40 years old (built before 1980).
Approximately 11% of housing units are 70 years of age or older (built before 1950), generally considered the useful life of a building. The age of the City’s housing stock suggests that a high portion of the housing stock may need significant improvements and rehabilitation. Based on the age of the housing stock, the City estimates that approximately 16,867 housing units or 40.8% of the entire housing stock are older than 50 years and may need major repairs.
Housing is considered substandard when conditions are found to be below the minimum standard of living conditions defined in Section 1001 of the Uniform Housing Code. Households living in substandard conditions need housing assistance, even if they are not seeking alternative housing arrangements, due to the threat to health and safety.
In addition to structural deficiencies and standards, the lack of infrastructure and utilities often serves as an indicator for substandard conditions. According to the 2016-2020 ACS, 72 occupied units in Salinas lacked complete plumbing facilities, representing 0.2% of occupied housing units citywide (Table 21).
Specifically, 21 of the units were owner-occupied and 51 of the units were renter-occupied. Of all occupied units, 235 lacked complete kitchen facilities, representing 0.6% of all occupied housing units. Unlike plumbing facilities, lack of complete kitchen facilities is more common amongst owner-occupied units.
Approximately 0.7% of owner-occupied units, or 143 total units, lack complete kitchen facilities compared to only 0.4% of renter-occupied units, or 92 total units. It should be noted that there may be some overlap in the number of substandard housing units, as some units may lack both complete plumbing and kitchen facilities. For comparison, 0.3% of occupied units countywide lack complete plumbing facilities and 0.5% lack complete kitchen facilities. Lack of complete kitchen facilities is less common in Salinas and Monterey County than in the State, where 1.2% of occupied housing units lack complete kitchen facilities. The rate of units lacking complete plumbing facilities in California, 0.4%, is comparable to the rate in the City and County.
Table 21: Units Lacking Plumbing or Complete Kitchen Facilities (2020) Owner-Occupied Renter-Occupied Total
Units Percent Units Percent Units Percent
Lacking plumbing facilities 21 0.1% 51 0.2% 72 0.2%
Lacking complete kitchen facilities 143 0.7% 92 0.4% 235 0.6% Source: 2016-2020 ACS (5-Year Estimates).
In reviewing the above data, it is important to note that the Census may undercount makeshift housing units (such as converted garages). Undocumented Salinas residents, who are more prone to living in substandard housing, are also less likely to respond to Census inquiries. The Census also does not account for other, more subtle housing problems, such as inadequate wiring, leaks, or inadequate or lack of heating.
According to the 2022 Monterey Homeless Count and Survey Comprehensive Report, there are 1,065 persons experiencing homelessness in Salinas, only 288 of which are sheltered (residing in emergency shelters or transitional housing). As part of the 2022 Homeless Count, a survey was administered to 287 persons experiencing homelessness throughout Monterey County. Of the individuals surveyed, 62% reported living outdoors, either on the streets, in parks, or in encampment areas. Tracts encompassing the 31 City of Salinas
2023-2031 Housing Element (November 2023)
Chinatown, Alisal, and Downtown neighborhoods have the highest concentration of persons experiencing homelessness. Large encampment areas in Salinas are located in Chinatown and along the Union Pacific railroad tracks that traverse the Citye.
C. Code Enforcement Activities
The City provides Code Enforcement services throughout the City solely on a complaint basis. A complaint-based system may result in underreporting of code compliance issues, particularly of rental housing stock. Often tenants fear retaliation from the landlords and are therefore less willing to report an issue. Language barrier may be another obstacle for reporting code compliance issues. In April of 2023, the City approved establishing a Rental Registry Program and increasing Fair Housing Counseling services.
It is believed that the registry and enhanced fair housing counseling will help identify substandard housing conditions by giving renters a venue to report issues. Based on current Code Enforcement statistics, the 93905 Zip Code, Council Districts 2 and 4, have highest number of cases (Figure 3-3). The Alisal neighborhood is divided among three Council Districts – District 1, 2, and 4. A map illustrating the Council Districts is shown in Figure 3-4.
Most of the cases opened were related to neighborhood maintenance issues. Most typical housing condition issues concerned illegal occupancy, primarily related to garage and garden shed conversions and recreational vehicles illegally connected to the City’s sewer system. Additional issues include plumbing problems, overcrowding, and electrical hazards. These housing arrangements represent some of the City’s most substandard housing conditions.
Housings conditions, particularly for low-income renters, are a significant concern in the community, which led to the creation of the Residential Rental Registration Ordinance, adopted in April, 2023. To keep community stakeholders at the center of the development of this Ordinance, the City formed a Community Advisory Committee (TAC) comprised of community advocates, housing developers, property managers, and private sector professional organization representatives to assist in formulating an equitable, acceptable Residential Rental Registration Program. Staff envision the Residential Rental Registration serving initially as a database that the City would use to collect and track rental data on units, including affordable units, and to disseminate information and expand tenant/landlord services. However, the utility of the Residential Rental Registration could be expanded over time to incorporate additional monitoring, compliance, and enforcement activities as new programs are established and linked to it.
With this program, the City intends to facilitate abatement of on-going nuisances and increase compliance with State and local laws related to rental properties to ensure rental housing is maintained and meets minimum building, housing, fire, and nuisance standards and is safe to occupy. The Residential Rental Registration Program is intended to preserve and enhance the quality of life for residents living in rental housing, as well as the neighborhoods in which they reside. See Program 8 in Chapter 6 for implementation information.
32 City of Salinas
2023-2031 Housing Element (November 2023)
Figure 3-3: Substandard Housing Code Enforcement Cases
Source: City of Salinas, 2023
0 20 40 60 80 100 120 140
Hazardous Electrical
Hoarding
Other
Over-Crowding
Plumbing
Substandard Housing Cases
2020-2023
33 City of Salinas
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Figure 3-4: City Council Districts
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D. Housing Prices and Rents
Table 22 displays median home prices for Salinas and neighboring jurisdictions within Monterey County.
In 2022, the median sales price for homes in Salinas was $661,500, a decrease of 2.7% from 2021. As of 2022, the price of for-sale housing in Salinas is significantly lower than in areas on the Monterey peninsula but only slightly lower than the County as a whole. While Monterey County and the cities of Marina, Carmel, and Monterey saw median price increases ranging from 4.9% to 24.2% between 2021 and 2022, median prices in Salinas (-2.7%), Pacific Cove (-14.3%), and Seaside (-3.4%) decreased during this period.
Every year, the National Association of Home Builders (NAHB) tracks the ability of households to afford a home in metropolitan areas across the country. NAHB develops a Housing Opportunity Index (HOI) for a given area that is defined as the share of homes sold in that area that would have been affordable to a family earning that area’s median income. Seventeen of the twenty least affordable metro areas in 2022 were located in California. The Salinas Metropolitan Statistical Area (MSA) ranked as the third least affordable region in the United States in 2022. In the thrid quarter of 2022, only 5.9% of the homes sold in the Salinas MSA were affordable to a family earning the area’s median income.3 The City of Salinas itself also ranked as the third worst place in the country for first-time homebuyers amongst midsize cities and 24th worst amongst all cities.4 The study compared 300 U.S. cities varying in size to determine which were most and least attractive to first-time home buyers using metrics related to affordability, real-estate market, and quality of life.
Table 22: Median Home Prices (2021-2022)
Jurisdiction # Sold Median Price
(2022)
Median Price
(2021)
% Change
2013-2014
Salinas 83 $661,500 $680,000 -2.7%
Marina 31 $960,000 $810,000 18.5%
Carmel 26 $2,050,000 $1,650,000 24.2%
Monterey 16 $997,500 $917,000 8.8%
Pacific Grove 23 $1,285,000 $1,500,000 -14.3%
Seaside 21 $777,500 $805,000 -3.4%
Monterey County 269 $810,000 $772,500 4.9%
Source: CoreLogic, California Home Sale Activity by City, August 2022.
Information on current rental rates in the City was obtained through a review of advertisements on Zillow in November 2022. Available rental housing ranged from single room studios to five-bedroom units. The majority of available units in the City were one- and two-bedroom apartment units and three-bedroom single-family homes. Error! Reference source not found. summarizes average apartment rents by unit 3 National Association of Home Builders, The NAHB/Wells Fargo Housing Opportunity Index: Complete Listing by Affordability Rank (3rd Quarter, 2022).
4 Best and Worst Cities for First-Time Home Buyers, July 2021. WalletHub.com. WalletHub compared 300 U.S. cities of varying sizes to determine the ones that are most and least attractive to first-time home buyers using 22 key indicators of market attractiveness, affordability, and quality of life. Midsize cities are considered cities with populations ranging from 150,000 to 300,000 people.
35 City of Salinas
2023-2031 Housing Element (November 2023)
size. Overall, 62 units of varying sizes were listed as available for rent in November 2022 with an average rent of $2,564.
Table 23: Average Rent by Unit Size (2022)
Studio 1-BR 2-BR 3-BR 4+ BR
Zillow Listings $1,542 $1,888 $2,619 $3,482 $5,248
Note: There were a total of 62 listings on Zillow as of November 15, 2022; five studio units, 21 one-bedroom units, 20 two-bedroom units, 14 three-bedroom units, one four-bedroom unit, and one five-bedroom unit.
Source: Zillow.com, accessed November 2022; Zumper.com Rent Research – Salinas, CA, updated November 2022.
E. Affordability Gap Analysis
The costs of homeownership and renting can be compared to a household’s ability to pay for housing to determine affordability in a community. Housing affordability is defined as paying no more than 30% of the gross household income on housing expenses. Table 24 summarizes affordable rents and purchase prices by income category based on the 2022 HCD median income of $90,100 for Monterey County.5 General cost assumptions for utilities, taxes, and property insurance are also shown. Affordable purchase price assumes a 3% interest rate with a 30-year fixed rate mortgage loan and a 10% down payment. Given the high costs of homeownership, lower income households are usually confined to rental housing, but the affordability problem also persists in the rental market. The situation is exacerbated for large households with lower and moderate incomes given the limited supply of large units, and for seniors with fixed incomes. When the housing market is tight, with high demand, low vacancies, and rising costs, the potential for discriminatory housing practices also increases.
Based on median for-sale home prices in the City, shown in Table 22 above, homes are not affordable to households of any affordable income category or size in Salinas. Similarly, average rental prices in Salinas, presented in Table 23 above, are also not affordable to most Salinas households. Based on these rental price averages, rental homes are only affordable to households in the moderate-income category, earning 100% to 120% of the AMI.
5 State and federal income limits differ. For the Housing Element, State income limits are used, which are usually higher than the federal levels used in the City’s Consolidated Plan and other related documents. 36 City of Salinas
2023-2031 Housing Element (November 2023)
Table 24: Housing Affordability Matrix - Monterey County (2022) Income Annual
Income
Affordable
Monthly
Housing Costs
Utilities
Taxes,
Insurance,
and HOA
Maximum Affordable
Price
Rent Own
Extremely Low Income (0-30% AMI)
1-Person $23,900 $598 $208 $209 $390 $27,244
2-Person $27,300 $683 $223 $239 $459 $36,007
3-Person $30,700 $768 $274 $269 $494 $33,964
4-Person $34,100 $853 $341 $298 $512 $25,509
5-Person $36,850 $921 $413 $322 $508 $17,608
Very Low Income (30-50% AMI)
1-Person $39,800 $995 $208 $348 $787 $95,337
2-Person $45,500 $1,138 $223 $398 $914 $113,950
3-Person $51,200 $1,280 $274 $448 $1,006 $121,757
4-Person $56,850 $1,421 $341 $497 $1,080 $122,938
5-Person $61,400 $1,535 $413 $537 $1,122 $122,746
Low Income (50-80% AMI)
1-Person $63,700 $1,593 $208 $557 $1,385 $197,691
2-Person $72,800 $1,820 $223 $637 $1,597 $230,864
3-Person $81,900 $2,048 $274 $717 $1,774 $253,233
4-Person $91,000 $2,275 $341 $796 $1,934 $269,188
5-Person $98,300 $2,458 $413 $860 $2,045 $280,773
Median Income (80-100% AMI)
1-Person $63,050 $1,576 $208 $552 $1,368 $194,907
2-Person $72,100 $1,803 $223 $631 $1,579 $227,867
3-Person $81,100 $2,028 $274 $710 $1,754 $249,807
4-Person $90,100 $2,253 $341 $788 $1,912 $265,334
5-Person $97,300 $2,433 $413 $851 $2,020 $276,490
Moderate Income (100-1200% AMI)
1-Person $75,650 $1,891 $208 $662 $1,683 $248,868
2-Person $86,500 $2,163 $223 $757 $1,939 $289,536
3-Person $97,300 $2,433 $274 $851 $2,159 $319,184
4-Person $108,100 $2,703 $341 $946 $2,362 $342,420
5-Person $116,750 $2,919 $413 $1,022 $2,506 $359,787
Assumptions: 2022 HCD income limits; affordable housing costs 30% of household income; Monterey County utility allowances; 35% of monthly affordable cost for taxes, insurance, PMI, and HOA; 10% down payment; and 3% interest rate for a 30-year fixed-rate mortgage loan. Taxes and insurance apply to owner costs only; renters do not usually pay taxes or insurance.
Note: Income limits and maximum affordable price do not follow an increasing trend due to the State Hold Harmless (HH) Policy. This policy holds State Income Limits harmless from any decreases in household income category and median income levels that HUD began applying to its Section 8 Income Limits beginning 2010 after eliminating its longstanding Hold Harmless Policy. The State HH Policy is in place to ensure lower income households do not fall out income categories where assistance is available.
Sources:
State Department of Housing and Community Development 2022 Income Limits.
Housing Authority of the County of Monterey, Utility Allowances, 2021.
Veronica Tam and Associates, 2022.
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3.5 Housing Needs
This section provides an overview of existing housing needs in Salinas. It focuses on four categories:
Housing need resulting from housing cost burden;
Housing need resulting from overcrowding;
Housing need resulting from population growth and demolition of the existing housing stock; and,
Housing needs of special needs groups such as elderly persons, large households, persons with disabilities, female-headed households, homeless persons, and farmworkers.
3.5.1 Housing Cost Burden
Housing cost burden is generally defined as households paying more than 30% of their gross income on housing related expenses, including rent or mortgage payments and utilities. High housing costs can cause households to spend a disproportionate percentage of their income on housing. This may result in payment problems, deferred maintenance or overcrowding.
This section uses data from the 2022 Comprehensive Housing Affordability Strategy (CHAS) published by HUD based on the 2015-2019 American Community Survey (ACS). The CHAS provides information related to households with housing problems, including cost burden, overcrowding and/or without complete kitchen facilities and plumbing systems. The most recent estimates are derived from the 2015- 2019 ACS and are mostly comprised of a variety of housing need variables split by HUD-defined income limits and HUD-specified housing types.
As shown in Table 25, a significant portion of households were experiencing overpayment or had a cost burden greater than 30%. Cost burden is the fraction of a household's total gross income spent on housing costs. For renters, housing costs include rent paid by the tenant plus utilities. For owners, housing costs include mortgage payment, taxes, insurance, and utilities. Among renters, 54% of households paid more than 30% of income towards housing costs. About 26% of renters paid more than 50% of their income towards housing costs or are severely cost burdened. Cost burden rates were also high among Salinas homeowners. A significantly smaller proportion of owner-occupied households are cost burdened compared to renters. Only 31.4% of owners are cost burdened including 11.9% who are severely cost burdened. Cost burden is more prevalent amongst lower income households. Nearly 59% of owneroccupied lower income households and 72% of renter-occupied lower income households spent more than 30% of their household income on housing.
Cost burden is slightly more prevalent in Salinas compared to Monterey County. According to 2022 HUD CHAS data, 40.3% of households are cost burdened and 17.9% of households are severely cost burdened countywide. In Monterey County, 30.3% of owners and 50.7% of renters are cost burdened, a smaller proportion than in Salinas. However, Salinas has a marginally smaller population of severely cost burdened owners compared to the County. In general, rates of cost burden in the City and the County are comparable.
Table 26 provides further details of housing cost burden by income and household type. Certain housing problems may be more common amongst certain household types. Elderly households may be more prone 38 City of Salinas
2023-2031 Housing Element (November 2023)
to cost burdened due to fixed incomes. Similarly, large households are more likely to experience overcrowding. Lack of complete plumbing or kitchen facilities, overcrowding, and cost burden are considered housing problems according to HUD. As presented in Error! Reference source not found., lower income households, specifically lower income renters, are more likely to experience housing problems such as cost burden. Further, large lower income households have significantly higher rates of housing problems compared to large moderate- and above-income households; 100% of extremely lowincome renters experience one or more housing problem. Elderly households and small households follow a similar trend, where lower income households are more prone to housing problems and cost burden.
Table 25:Salinas Housing Cost Burden by Tenure (2022)
Household
Cost Burden
(30%+)
Severe Cost
Burden (50%+)
Total
Households
Lower Income (<80% AMI)
Owner-Occupied 58.6% 30.0% 6,560
Renter-Occupied 72.1% 36.1% 15,965
All Households 68.2% 34.4% 22,525
All Salinas Households
Owner-Occupied 31.4% 11.9% 18,285
Renter-Occupied 54.0% 25.7% 22,515
All Households 43.9% 19.5% 40,800
Source: HUD Comprehensive Housing Affordability Strategy (CHAS) Data (based on 2015-2019 ACS), 2022.
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Draft 2023-2031 Housing Element (July 2023) Page 39
Table 26: Housing Assistance Needs of Lower Income Households (2022) Household by Type, Income &
Housing Problem
Renters Owners Total
Households Elderly
HH Small HH Large HH Total Renters
Elderly
HH Small HH Large HH Total Owners
Ext. Low Income (0-30% MFI) 1,280 2,125 1,080 5,235 675 355 165 1,370 6,605 with any housing problems 68.8% 92.9% 100.0% 87.5% 68.9% 85.9% 78.8% 75.2% 84.9% with cost burden > 30% 55.8% 92.9% 91.7% 85.8% 68.1% 81.7% 78.8% 74.1% 83.3% with cost burden > 50% 36.7% 77.4% 74.1% 68.1% 57.8% 59.2% 78.8% 62.0% 66.8% Very Low Income (31-50% MFI) 520 2,195 1,155 4,675 620 525 315 1,540 6,215 with any housing problems 67.3% 91.3% 99.1% 90.9% 65.3% 64.8% 92.1% 70.5% 85.8% with cost burden > 30% 60.6% 85.0% 87.9% 83.6% 67.7% 65.7% 82.5% 67.2% 79.6% with cost burden > 50% 29.8% 39.9% 25.1% 39.8% 37.1% 38.1% 61.9% 40.3% 39.9% Low Income (51-80% MFI) 310 3,290 1,660 6,055 960 1,565 905 3,650 9,705 with any housing problems 71.0% 65.7% 90.1% 71.9% 34.4% 58.5% 76.2% 57.4% 66.5% with cost burden > 30% 64.2% 56.2% 37.0% 51.3% 34.4% 56.5% 45.9% 49.2% 50.5% with cost burden > 50% 28.7% 6.1% 0.6% 5.7% 10.4% 19.2% 5.5% 13.7% 8.7% Moderate/Above Moderate
Income (81%+ MFI) 665 3,560 1,245 6,550 2,600 5,335 2,880 11,725 18,275 with any housing problems 16.5% 17.0% 65.9% 26.5% 12.7% 22.7% 40.5% 25.0% 25.6% with cost burden > 30% 14.3% 8.4% 7.2% 10.1% 12.5% 20.7% 9.4% 16.2% 14.0% with cost burden > 50% 1.5% 0.0% 0.0% 0.2% 2.1% 1.9% 0.3% 1.8% 1.3% Total Households 2,775 11,170 5,140 22,515 4,855 7,780 4,265 18,285 40,800 with any housing problems 56.2% 60.4% 88.3% 66.3% 31.5% 35.6% 53.3% 39.1% 54.1% with cost burden > 30% 47.7% 53.6% 52.7% 54.0% 31.6% 33.7% 25.2% 31.4% 43.9% with cost burden > 50% 26.1% 24.4% 21.4% 25.7% 16.0% 10.4% 9.0% 11.9% 19.5% Source: HUD Comprehensive Housing Affordability Strategy (CHAS) (based on 2015-2019 ACS), 2022.
Notes: (1) HUD CHAS (Comprehensive Housing Affordability Strategy) data is based on tabulations from the American Community Survey (ACS) and has a smaller sample size than the Decennial Census. Due to the smaller sample size, the data presented may have significant margins of error, particularly for smaller geographies. The intent of the data is to show general proportions of household need, not exact numbers. (2) Elderly households include elderly families (two persons, either or both aged 62 or older) and elderly non-families.
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2023-2031 Housing Element (November 2023) Page 40
3.5.2 Overcrowding
Some households may not be able to accommodate high-cost burdens for housing but may instead accept smaller housing or reside with other individuals or families in the same home. Household overcrowding is reflective of various living situations: (1) a family lives in a home that is too small; (2) a family chooses to house extended family members; or (3) unrelated individuals or families are doubling up to afford housing. However, cultural differences also contribute to the overcrowded conditions. Some cultures tend to have larger household size than others due to the preference of sharing living quarters with extended family members as a way of preventing homelessness among family members. Overcrowding can strain physical facilities and the delivery of public services, reduce the quality of the physical environment, contribute to a shortage of parking, and accelerate the deterioration of homes.
Approximately 20% of all households in Salinas are overcrowded, including 5.3% as severely overcrowded. Overcrowding is significantly more prevalent among renter-households than ownerhouseholds (Table 27). Close to 28% of renters in Salinas are overcrowded compared to only 11% of owners. Overcrowding is also more prevalent in Salinas compared to the County as a whole.
When compared to overcrowding data from 2009-2013, it is clear overcrowding is increasing slightly in both Salinas and Monterey County, with renters more acutely affected.
Table 27: Overcrowding by Tenure
Jurisdiction
Overcrowded
(1+ occupants per room)
Severely Overcrowded
(1.5+ occupants per room)
Renter Owner Total Renter Owner Total
Salinas (2016-2022) 27.6% 11.0% 19.7% 7.8% 2.6% 5.3%
Salinas (2009-2013) 23.5% 9.6% 17.5% 7.2% 2.4% 5.1%
Monterey County
(2016-2022) 20.6% 7.1% 13.6% 8.1% 1.7% 4.8%
Monterey County
(2009-2013) 18.1% 6.2% 12.2% 6.0% 1.6% 3.8%
Source: 2016-2020 ACS (5-Year Estimates).
3.5.3 Housing Growth Need – 2023-2031
The State of California determines the housing need for the three counties that make up the AMBAG region: Monterey, Santa Cruz and San Benito. AMBAG is responsible for allocating housing needs to each jurisdiction in its region. A local jurisdiction’s share of regional housing need is the number of additional housing units needed to accommodate the forecasted growth in the number of households, to replace expected demolitions and conversion of housing units to non-housing uses, and to achieve a future vacancy rate that allows for healthy functioning of the housing market. The allocation is divided into the four income categories: Very Low, Low, Moderate, and Above Moderate. The allocation is further adjusted to avoid an over-concentration of lower income households in any one jurisdiction. Table 28 shows the Regional Housing Needs Allocation for the City of Salinas as determined by AMBAG.
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2023-2031 Housing Element (November 2023) Page 41
Table 28: Salinas Regional Housing Needs Allocation (2023-2031) Total
Construction
Need2
Extremely
Low
Income1
Very Low
Income
Low
Income
Moderate
Income
AboveModerate
Income
Number of Housing Units 6,674 460 460 600 1,692 3,462
Note 1: The City’s RHNA allocation for very low-income units is 920 units; this allocation is evenly split between extremely low and very low income groups.
Source: 2023-2031 Regional Housing Needs Allocation (RHNA) Plan, AMBAG, 2022.
3.5.4 Special Needs Groups
Certain households, because of their special characteristics and needs, may require special accommodations, and may have difficulty finding housing due to special needs. Special needs groups include seniors, persons with disabilities, families with children, single-parent households, large households, homeless persons, and persons at-risk of homelessness, and farm workers.
F. Seniors
Seniors (persons aged 65 and above) are gradually becoming a more substantial segment of a community’s population. Americans are living longer and having fuller lives than ever before in our history and are expected to continue to do so. Elderly households are vulnerable to housing problems due to limited income, prevalence of physical or mental disabilities, limited mobility, and high health care costs. The elderly, particularly those with disabilities, may face increased difficulty in finding housing accommodations. A senior on a fixed income can face great difficulty finding safe and affordable housing.
Subsidized housing and federal housing assistance programs are increasingly challenging to secure and often involve a long waiting list.
According to the 2006-2010 ACS, 7.8% of all residents in Salinas were ages 65 and over (Table 29). Per recent 2016-2020 ACS data, 9.2% of Salinas residents are aged 65 or older, a 27.5% increase since the 2006-2010 ACS. Approximately 33% of the City’s households have a member aged 60 or older and 7.1% are seniors aged 65 or older living alone. According to 2016-2020 ACS estimates, 12.5% of elderly residents aged 65 and older are below the poverty level. As presented in Table 29, 39.1% of seniors experience one or more disabilities. The number of seniors with disabilities has increased 55.9% since the 2010 ACS. Ambulatory difficulties and independent living difficulties are the most common disability types amongst senior residents. Disability status and characteristics are further described in Section G, Persons with Disabilities, below.
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2023-2031 Housing Element (November 2023) Page 42
Table 29: Elderly Population and Disability Status (2010-2020) 2010 2020 Percent Change
Persons Percent Persons Percent (2010-2020)
Population Aged 65+ 11,317 7.8% 14,430 9.2% 27.5%
With any disability 3,512 35.5% 5,476 39.1% 55.9%
With a hearing difficulty 1,548 15.7% 1,888 13.5% 22.0% With a vision difficulty 808 8.2% 922 6.6% 14.1%
With a cognitive difficulty 1,373 13.9% 1,595 11.4% 16.2% With an ambulatory difficulty 2,754 27.9% 3,357 23.9% 21.9% With a self-care difficulty 1,131 11.4% 1,751 12.5% 54.8% With an independent living difficulty 2,025 20.5% 2,264 16.1% 11.8% Note: 2010 disability status data uses the 2010 ACS, 1-Year Estimates. 5-Year Estimates are not available for this dataset Source: 2006-2010 and 2016-2020 ACS (5-Year Estimates); 2010 ACS (1-Year Estimates).
As indicated in Table 30, the 2016-2020 ACS estimates that the median household income for households with a householder aged 65 years or older is $51,702. Senior-headed households have the lowest median income compared to householders of all other age groups. The median household income is only 76% of the citywide median household income. However, the median income for senior-headed households has increased the most significantly since the 2006-2010 ACS compared to other age groups and the citywide average. According to the 2022 CHAS data presented in Table 26, only 47.7% of elderly renters and 31.6% of elderly owners experience cost burden. Comparatively, 54% of renters and 31.4% of owners citywide are cost burdened. For all income levels, elderly households are cost burdened at a lower or comparable rate to the citywide average of the respective income category. Despite this, elderly households are often on fixed incomes and may need financial assistance in making necessary repairs or accessibility improvements.
Householders by tenure and age are presented in Table 31. As of 2020, 27.5% of owners and 10.9% of renters in Salinas have householders aged 65 and over. Approximately 19% of all households citywide are senior-headed households. In comparison, only 15.2% of households during the 2006-2010 ACS were senior headed. The number of senior-headed households in Salinas increased nearly 25% during this period.
Table 30: Median Household Income for by Age of Householder (2010-2020) Householder Age 2010 2020 Percent Change
(2010-2020)
15 to 24 years $40,634 $59,263 45.8%
25 to 44 years $49,433 $63,567 28.6%
45 to 64 years $61,083 $85,270 39.6%
65 years and over $31,517 $51,702 64.0%
All Households $50,808 $67,914 33.7%
Source: 2006-2010 and 2016-2020 ACS (5-Year Estimates).
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2023-2031 Housing Element (November 2023) Page 43
Table 31: Householders by Tenure and Age (2010-2020)
Householder
Age
2010 2020
OwnerOccupied % RenterOccupied % OwnerOccupied % RenterOccupied % 15-34 years 2411 12.4% 8,864 41.1% 1911 9.7% 6,465 30.0% 35-64 years 12,734 65.4% 10,827 50.2% 12,423 62.9% 12,708 59.0% 65+ years 4,336 22.3% 1,898 8.8% 5,432 27.5% 2,357 10.9% Total 19,481 100.0% 21,589 100.0% 19,766 100.0% 21,530 100.0% Source: 2006-2010 and 2016-2020 ACS (5-Year Estimates).
Resources for Seniors
The Monterey County Area Agency on Aging (AAA) is a planning, advocacy, and grant making entity.
The AAA’s role in direct service provision is limited to the Information & Assistance (I&A) Program in partnership with the County Department of Social Services. Funding constraints and costs of doing business impacted the AAA’s capacity to continue as a provider of case management services. With a focus upon system planning, advocacy, and grant making, the AAA uses its resources and expertise to strengthen the capacity of community-based service providers in fulfilling the public’s increased requests for services. As an administrative entity, the AAA is positioned to track service trends and policy developments; lead efforts in community services planning; and assist with fund development activities.
The Alliance on Aging also serves seniors in Monterey County. Alliance on Aging programs include Medicare counseling and education (HICAP), peer counseling, nursing home information and advocacy, tax counseling for the elderly, benefits checkup, and a monthly senior outreach luncheon held in Salinas.
Alliance on Aging staff and volunteers provide direct services, information and education to seniors, adult children, caregivers, and “baby boomers” approaching and preparing for their senior years. The Alliance on Aging’s administrative and program offices are in Salinas and a representative visits the City’s Firehouse Recreation Center at least twice a month.
The City of Salinas’ senior programs, most offered at the Firehouse Recreation Center, include senior nutrition, leisure activities, education classes, social services, senior/adult trips, and volunteer opportunities. The Firehouse Senior Program works closely with several local non-profit agencies to provide services to its seniors such as Legal Services for Seniors. The Salinas Senior Center is a nonprofit organization, not a physical operating center, but it is working to raise funds to build a one-stop multiservice center for seniors and family caregivers in the City.
There are 650 rental units in eight rental properties in Salinas that are restricted for those age 55 or 62 and older, with renter qualifications not to exceed anywhere from 50% to 80% of median income. In addition to the senior housing developments above, seniors in the City are also served by 18 State-licensed residential care facilities for the elderly with a capacity to serve 454 people, 21 adult residential facilities with a capacity to serve 207 people, and five adult day care facilities with a capacity to serve 381 people.
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2023-2031 Housing Element (November 2023) Page 44
Table 32: Senior Housing Developments
Name Address
Affordable
Units
Dai Ichi Village Apartments 34 Rossi Street 11
Gateway Apartments 25 Lincoln Avenue 51
La Gloria Apartments 539 E. Market Street 22
Los Abuelitos 528 East Market Street 12
Montecito (Salinas) Senior Apartments 1598 Mesquite Drive 132 Parkside Apartments 1112 Parkside Street 80
Regency Court Senior Apartments 472 Regency Circle 119
Sherwood Village Senior Apartments 808 N. Main Street 124 Steinbeck Commons Apartments 10 Lincoln Avenue 99
Total 650
Source: City of Salinas, 2023
G. Persons with Disabilities
Federal nondiscrimination laws define a person with a disability to include “any (1) individual with a physical or mental impairment that substantially limits one or more major life activities; (2) individual with a record of such impairment; or (3) individual who is regarded as having such an impairment.” In general, a physical or mental impairment includes, but is not limited to, examples of conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus (HIV), developmental disabilities, mental illness, drug addiction, and alcoholism. Some impairments are readily observable, while others may be invisible. Observable impairments may include, but are not limited to, blindness or low vision, deafness or being hard of hearing, mobility limitations, and other types of impairments with observable symptoms or effects, such as intellectual impairments (including some types of autism), neurological impairments (e.g., stroke, Parkinson’s disease, cerebral palsy, epilepsy, or brain injury), mental illness, or other diseases or conditions that affect major life activities or bodily functions. Major life activities include activities important to daily life such as walking, talking, hearing, seeing, breathing, learning, performing manual tasks, and caring for oneself.6 The U.S. Census Bureau classifies disabilities into the following categories:
Hearing difficulty: Deaf or having serious difficulty hearing Vision difficulty: Blind or having serious difficulty seeing, even when wearing glasses Cognitive difficulty: Because of a physical, mental, or emotional problem, having difficulty remembering, concentrating, or making decisions
Ambulatory difficulty: Having serious difficulty walking or climbing stairs 6 U.S. Department of Housing and Urban Development (HUD). “Disability Overview” https://www.hud.gov/program_offices/fair_housing_equal_opp/disability_overview#_Who_Is_a. Accessed November 16, 2022.
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2023-2031 Housing Element (November 2023) Page 45
Self-care difficulty: Having difficulty bathing or dressing Independent living difficulty: Because of a physical, mental, or emotional problem, having difficulty doing errands alone such as visiting a doctor’s office or shopping According to the 2016-2020 ACS, approximately 7.9% of the Salinas population has one or more disabilities, an increase since 7.2% during the 2008-2012 ACS.7 As shown in Table 33, ambulatory difficulties, independent living difficulties, and cognitive difficulties are the most prevalent disability types in Salinas. As discussed above, seniors experience disabilities at significantly higher rates than other age groups. Salinas has a slightly smaller population of persons with disabilities compared to the County.
Countywide, 8.9% of the population has a disability.
Table 33: Disability Characteristics (2020)
Disability by Age and Type Under 18
years
18 to 64
years
65 years
and over Total
Total Persons with a Disability 3.2% 5.7% 39.1% 7.9%
Disability Type
Hearing Difficulty 0.4% 0.9% 13.5% 1.9%
Vision Difficulty 1.1% 1.4% 6.6% 1.8%
Cognitive Difficulty 2.5% 2.2% 11.4% 3.2%
Ambulatory Difficulty 0.6% 2.2% 23.9% 4.0%
Self-Care Difficulty 1.1% 1.2% 12.5% 2.3%
Independent Living Difficulty -- 1.9% 16.1% 3.8%
Total Population 47,790 93,468 14,023 155,281
Note: Dataset includes civilian noninstitutionalized population. Independent living difficulties are not tallied for persons under 18 years old.
Source: 2016-2020 ACS (5-Year Estimates).
According to the 2022 Homeless Point-in-Time (PIT) Count and Survey, 61% of individuals surveyed reported having at least one disabling condition. A disabling condition is defined by HUD as a developmental disability, HIV/AIDS, or a long-term physical or mental impairment that impacts a person’s ability to live independently but could be improved with stable housing. The following selfreported health conditions were also recorded in the 2022 Survey:
Depression (57%)
Alcohol and drug use (49%)
PTSD (43%)
Chronic health condition (30%)
Psychiatric or emotional conditions (28%)
Physical disability (27%)
Chronic infection with Hepatitis BC (12%)
7 5-Year ACS estimates are not available for the 2006-2010 period; therefore, this analysis uses the 2008-2012 estimates for comparison.
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Traumatic brain injury (10%)
HIV/AIDS related illness (7%)
The elderly population is expected to grow substantially in the next 20 years. Since seniors have a much higher probability of being disabled, the housing and service needs for persons with disabilities should grow considerably commensurate with senior population growth. (1) Persons with Developmental Disabilities
As defined by State law, “developmental disability” means a severe, chronic disability of an individual who:
Is attributable to a mental or physical impairment or combination of mental and physical impairments;
Is manifested before the individual attains age 188
;
Is likely to continue indefinitely;
Results in substantial functional limitations in three or more of the following areas of major life activity: a) self-care; b) receptive and expressive language; c) learning; d) mobility; e) self- direction; f) capacity for independent living; or g) economic self- sufficiency; and Reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.
The California Department of Developmental Services (DDS) is responsible for overseeing the coordination and delivery of services to more than 330,000 Californians with developmental disabilities.
While there are no estimates of the population with developmental disabilities, the DDS records developmental services consumers by zip code. As presented in Table 34, there are 1,734 residents in Salinas zip codes receiving services from the DDS, including 885 persons under 18 years old and 849 persons aged 18 and older. Most persons with a developmental disability in these zip codes lives in the home of a parent, family, or guardian, followed by community care facilities, and independent/supported living.
8 The State of California defines developmental disabilities slightly differently than federal law. The main difference is at the manifestation age, where federal definition established that threshold at age 22.
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Table 34: Department of Developmental Services Consumers by ZIP Code (2022) 93901 93905 93906 93907 93908
Age
0-17 years 123 349 314 76 23
18+ years 134 254 337 91 33
Total 257 603 651 167 56
Residence Type
Home of Parent/Family/Guardian 214 558 573 151 54
Independent/Supported Living 23 <11 23 <11 <11
Community Care Facility <11 29 46 14 0
Intermediate Care Facility 0 0 0 0 0
Foster/Family Home <11 <11 <11 <11 <11
Other <11 <11 <11 0 0
Total >237 >587 >642 >165 >54
Source: State Department of Developmental Services (DDS) Consumer Count by California ZIP Code, January 2022.
San Andreas Regional Center is a community-based, private nonprofit corporation funded by the State of California to serve people with developmental disabilities as required by the Lanterman Developmental Disabilities Services Act (aka Lanterman Act). The Lanterman Act is part of California law that sets out the rights and responsibilities of persons with developmental disabilities. San Andreas is one of 21 regional centers throughout California and serves individuals and their families who reside within Monterey, San Benito, Santa Clara, and Santa Cruz Counties. The Regional Center provides diagnosis and assessment of eligibility and helps plan, access, coordinate, and monitor the services and supports that are needed because of a developmental disability. As of December 2021, 17,660 consumers were served by the San Andreas Regional Center.
According to the Golden Gate Regional Center serving the Bay Area, trends that are affecting people with developmental disabilities include California’s moves to reduce institutionalization, aging family caregivers not being able to continue providing in-house care and the growing wave of people with autism.
Deinstitutionalization: In 1977, California passed the Lanterman Developmentally Disabled Services Act to minimize the institutionalization of developmentally disabled people, help them remain in their communities, and to allow them to live their lives as similarly to non-disabled people as possible. To accomplish this, the state has been closing large institutional care facilities resulting in more people with disabilities being integrated into the community. However, this has increased the demand for community based independent living options to serve the needs of the developmentally disabled.
Aging Baby Boomers Unable to Care for Their Children with Developmental Disabilities: Almost three quarters of people with development disabilities live with a parent or caregiver, and many of these caregivers are baby boomers. As these caregivers age their ability to continue to care for their developmentally disabled children will decrease to the point where it is no longer possible. This trend is also going to be a factor in the increased need for community based independent living options for the developmentally disabled. Many service delivery systems and communities are not prepared to meet the increasing need.
Increasing Numbers of People with Autism: There is large number of young adults with developmental disabilities that have autism. They have been brought up as independent members of the City of Salinas
2023-2031 Housing Element (November 2023) Page 48
community and want to remain independent and involved in the community. There is a growing need to supply community based independent living options for these individuals.
People with development disabilities face many challenges when looking for housing:
Limited Supply: There is a limited supply of disabled accessible, affordable le housing generally, and the supply can be tight near transit. Being near transit is important because many of those with developmental disabilities cannot drive.
Lack of rental history: Because many people with development disabilities have lived with their parents, they often do not have a rental or credit history. This makes it harder for them to compete for the limited housing that is available.
Unable to afford high rents: Due to the challenge of securing long-term employment, people with developmental disabilities are often extremely low income which then makes it difficult to afford rents.
The three major needs for people with developmental disabilities are low cost (subsidized) rents, disabled accessible homes, and access to residences near public transportation. These needs are very similar to the desires of other segments of the population. Policies that promote affordable housing generally are also good for the developmentally disabled community.
(2) Persons with Psychiatric Disabilities
The 2022 Monterey Homeless PIT Count and Survey reported that 34% of sheltered individuals and 66% of unsheltered individuals were chronically homeless, defined as an individual with one or more disabling conditions or a family with a head of household with a disabling condition who has been continuously homeless for one year or more and/or has experienced four or more episodes of homelessness within the past three years. The survey reported that 57% of respondents reported having depression, 43% had PTSD, and 28% had psychiatric or emotional conditions. Mental health issues were the fourth most cited condition as the primary reason that led to homelessness, following financial issues, alcohol or drug use, and incarceration. Approximately 23% of respondents reported that mental health issues were the primary condition that led to their homelessness.
For many of the mentally ill, mental illness can only be managed; it cannot be ‘cured.’ In the absence of a cure, the affordable, supportive, permanent housing with intensive services model (provided by Monterey County nonprofits Interim Inc., Community Homeless Solutions, Bay Area Community Services) is known nationally to provide a higher quality of life for adults with mental illness at a lower cost to the public than alternative strategies. Homelessness, hospitals, and jails are too frequently used to “manage” the crisis of mental illness at an inflated cost to the community. Numerous studies, including the City/County of San Francisco and Santa Clara County in 2015, have documented the local cost savings (as well as public benefit) of providing housing with support services for homeless mentally ill vs. the costs of jails and emergency medical and psychiatric services.
Resources for Persons with Disabilities
Special housing needs for persons with disabilities fall into two general categories: physical design to address mobility impairments and in-home social, educational, and medical support to address developmental and mental impairments.
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The Central Coast Center for Independent Living (CCCIL) is an advocacy and information center serving disabled persons in Salinas. With a central office in the City of Salinas, CCCIL provides various services to persons with disabilities who live in the counties of Santa Cruz, Monterey, and San Benito. CCCIL programs include information and referral; individual and systems change advocacy; benefits counseling; housing assistance; personal assistance services; peer support; independent living skills training; and assistive technology.
The Housing Choices Coalition, with offices in Watsonville and San Jose, assists disabled persons in Salinas to locate suitable housing and request reasonable accommodation, if needed.
For persons with disabilities who require more assistance at home, the California Department of Social Services (DSS), Community Care Licensing Division reports that in Salinas there are 21 adult residential facilities with a capacity to serve 207 residents, 5 adult day care facilities with a capacity to serve 381 residents, and one social rehabilitation facility with a capacity to serve 15 residents. The City allocates CDBG funding to public service agencies that help the frail elderly remain independent in their homes, such as Meals on Wheels.
For adults with psychiatric disabilities, the challenge of finding affordable housing is often insurmountable.
And because mental illness affects earning potential, most adults with serious mental illness in Monterey County are very low income and on public assistance. The source of income for most adults with mental illness is Social Security Income (SSI). The SSI Program is a federally funded program which provides income support to adults who are aged 65 or older, blind, or disabled. SSI benefits are also available to qualified blind or disabled children. The SSP Program is the state program which augments SSI. Both SSI and SSP benefits are administered by the Social Security Administration (SSA). Eligibility for both programs is determined by SSA using Federal criteria. If an individual qualifies for SSI, they also qualify for SSP. The benefits are in the form of cash assistance.
The average monthly Social Security Income for blind or disabled persons in California is $765.93 as of September 2022.9 The current Fair Market Rent in Monterey County (as of 2023) is $2,112 for a studio and $2,194 for a one-bedroom unit, beyond the reach of disabled adults unless the housing or the tenant has a rent subsidy. Finding rent subsidies in significantly difficult because the Housing Choice Voucher (Section 8) program in Monterey County has very long waiting lists.
Salinas properties with affordable rents and units specifically for the disabled include:
Tynan Village (MCHADC) (15 units)
Parkside Apartments (MCHADC) (80 units for seniors or disabled) Catalyst Apartments (Interim Inc.) (5 units, 235 Martella) Lupine Gardens (Interim Inc.) (20 units)
Soledad House (8 units)
Sunflower Gardens (Interim Inc.) (15 permanent units and 2 transitional) 9 SSI Monthly Statistics, September 2022. https://www.ssa.gov/policy/docs/statcomps/ssi_monthly/2022-09/ssim-2022-
09.pdf.
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H. Families with Children and Single Parent Households
According to the 2016-2020 ACS, approximately 49% of all households in Salinas have children under the age of 18. Single-parent households often require special consideration and assistance because of their greater need for affordable housing, as well as accessible day care, health care, and other supportive services. Due to their relatively lower per-capita income and higher living expenses such as day-care, single-parent households have limited opportunities for finding affordable, decent, and safe housing.
Approximately 14% of households in Salinas are single-parent households, including 10.2% that are singleparent female-headed households. In comparison, only 9.6% of households countywide are single-parent households. Of the total female-headed households in the City, only 32.6% owned their homes and 67.4% rented.
In 2020, approximately 5,805 single-parent households resided in Salinas, representing 14.1% of the City’s households. An estimated 4,219 female-headed, single-parent households with children under age 18 lived in the City, representing 10.2% of all households in the City. Of particular concern are single-parent households with lower incomes. The 2016-2020 ACS shows that approximately 26.4% of the City’s female-headed households had incomes below the poverty level. By comparison, only 11.5% of all families had incomes below the poverty level.
Resources for Families
Limited household income constrains the ability of single-parent households to afford adequate housing, childcare, health care, and other necessities. The City of Salinas offers various programs for families with children. The City’s Breadbox Recreation Center is a recreation center with an emphasis on the City’s youth and offers a variety of drop-in recreation programs and services. The Firehouse Recreation Center also hosts a teen lounge for after-school activities. The Alisal Family Resource Center offers family support groups, adult education, behavioral health counseling for children up to five years old, child abuse prevention program, annual health fair, and children’s oral dental health van. The Police Assistance League and Boys and Girls Club offer after-school activities for youth. The City has funded programs such as the East Salinas Girl Scout Center and Sun Street Center for teens with CDBG public service funds.
The Mexican American Opportunity Foundation (MAOF) has a Resource and Referral Program that provides families and providers in Monterey County with free referrals to licensed childcare centers and family day care homes near a family’s home or place of employment. MAOF is located in the City of Salinas and also offers information about childcare options for children with special needs, free workshops on child care-related topics, and technical assistance in completing applications for community services relating to childcare. Single parent households in the Salinas can also benefit from general programs and services for lower-and moderate-income persons, including the Housing Authority of the County of Monterey Housing Choice Voucher and rental assistance programs, the City’s Housing Rehabilitation and affordable housing development programs, and various community and social services provided by nonprofit organizations in the region such as the Food Bank.
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I. Large Households
Large households are defined as those with five or more members. These households are usually families with two or more children or families with extended family members such as in-laws or grandparents. It can also include multiple families living in one housing unit to save on housing costs. Large households are a special needs group because the availability of adequately sized, affordable housing units is often limited. To save for necessities such as food, clothing, and medical care, lower- and moderate-income large households may reside in smaller units, resulting in overcrowding.
As indicated in Table 35, in 2010, 27.5% percent of all households in Salinas had five or more members; specifically, 25.5% of owner-households and 29.3% of renter-households in the City were considered to be large households. The proportion of large households in Salinas (27.5%) was higher than at the County level (20%). Areas with a high proportion of large households also tend to have high proportions of nonWhite population and family households. Many ethnic minority groups have a younger age profile and tend to have larger families than the White population. However, cultural differences also contribute to the overcrowded conditions. Some cultures tend to have larger households and have a range of attitudes about intergenerational living and homelessness prevention by sharing home spaces, no matter how small.
Also, recently arrived immigrants may stay with relatives on a temporary basis until they get established.
Housing problems including overcrowding are further described in Appendix D, Affirmatively Furthering Fair Housing, of this Housing Element.
Table 35: Large Households by Tenure (2020)
Persons Per Unit Owner-Occupied Renter-Occupied Total
Households Percent Households Percent Households Percent Five 2,607 13.2% 2,905 13.5% 5,512 13.3%
Six 1,478 7.5% 1,736 8.1% 3,214 7.8%
Seven or more 957 4.8% 1,678 7.8% 2,635 6.4%
Large Households 5,042 25.5% 6,319 29.3% 11,361 27.5%
Total Households 19,766 100.0% 21,530 100.0% 41,296 100.0% Source: 2016-2020 ACS (5-Year Estimates).
According to the 2022 Comprehensive Housing Affordability Strategy (CHAS) data based on the 2015- 2019 ACS (Table 26), 57.2% of large renter-occupied households and 25.2% of large owner-occupied households experience cost burden. Further, 88.3% of large renter households and 53.3% of large owner households have one or more housing problem including cost burden. The proportion of large households experiencing a housing problem above the cost burdened proportion is likely due to overcrowding. Less than one percent of the City’s rental housing stock has five or more bedrooms (refer to Table 18) resulting in a high percentage of lower income large-family households that are forced to live in overcrowded situations.
Resources for Large Households
Large households in Salinas can benefit from general programs and services for lower-and moderateincome persons, including the Housing Authority of the County of Monterey Housing Choice Voucher and Rental Assistance programs, and various community and social services provided by non-profit organizations in the region.
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J. Persons Experiencing Homelessness
On January 4, 2012, final regulations went into effect to implement changes to the U.S. Department of Housing and Urban Development’s (HUD’s) definition of homelessness contained in the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act. The definition affects who is eligible for various HUD-funded homeless assistance programs. The new definition includes four broad categories of homelessness:10
People who are living in a place not meant for human habitation, in emergency shelter, in transitional housing, or are exiting an institution where they temporarily resided. People who are losing their primary nighttime residence, which may include a motel or hotel or a doubled-up situation, within 14 days and lack resources or support networks to remain in housing. Families with children or unaccompanied youth who are unstably housed and likely to continue in that state.
People who are fleeing or attempting to flee domestic violence, have no other residence, and lack the resources or support networks to obtain other permanent housing.
This definition demonstrates the diversity of people experiencing homelessness. The numerous locations in which people experiencing homelessness can be found complicate efforts to accurately estimate their total population. For example, an individual living with friends on a temporary basis could be experiencing homelessness but would be unlikely to be identified in a homeless count.11 The 2022 Monterey County Point in Time count and survey (PIT) counted 2,047 homeless individuals during their one-night point-in-time count. countywide12 This represents a 27.8% decrease from 2017.
The point-in-time (PIT) count identified 1,065 persons experiencing homelessness in Salinas, representing 52% of the countywide homeless population. Of the 1,065 persons identified, 777 were unsheltered (73%) and 288 were sheltered (27%). The population of persons experiencing homelessness declined by 21.7% in Salinas between 2017 and 2022. The population of unsheltered individuals decreased by 29.2% and the population of sheltered individuals increased by 9.1% during this period (Table 36). It is important to note that the PIT is a momentary snapshot of how many homeless people are on streets and in emergency and transitional shelters on any given day in Monterey County. 10 U.S. Department of Housing and Urban Development. “Expanding Opportunities to House Individuals and Families Experiencing Homelessness through the Public Housing (PH) and Housing Choice Voucher (HCV) Programs: Questions and Answers (Q&As).” (September 2013).
11 The school districts, however, define homelessness very differently. This definition extends to any family without a permanent roof over their heads. By definition, a child is homeless if he or she is: a) living with another family due to financial hardship; b) renting a room, living in a motel or hotel, or shelter; c) living in a car, RV, campsite, or garage; or d) awaiting foster care placement. Based on this definition, the Salinas City Elementary School District reported 3,566 homeless students in the 2018-2019 school year, or 40% of the district’s enrollment. (Alani Letang, “Data shows 40% of elementary kids homeless in Salinas,” KSBW, December 11, 2019.) 12 Applied Survey Research, “2022 Monterey County Homeless Count and Survey Comprehensive Report.” (2022).
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Table 36: Homeless Population in Salinas and Monterey County (2016-2020) Unsheltered Sheltered Total
Salinas
2022 777 288 1,065
2019 976 206 1,182
2017 1,097 264 1,361
Percent Change (2017-2022) -29.2% 9.1% -21.7%
Monterey County
2022 1,357 690 2,047
2019 1,830 592 2,422
2017 2,113 724 2,837
Percent Change (2017-2022) -35.8% -4.7% -27.8%
Source: 2022 Monterey County Homeless Count and Survey Comprehensive Report.
The definition of homelessness in City of Salinas school districts is established by the State to calculate funding and extends to any child not having a permanent roof. By definition, a child is homeless if he/she is living with a family due to financial hardships, renting a room (motel, hotel or shelter), living in a car, RV, campsite or garage, or awaiting foster care placement. According to the Monterey County Office of Education, in academic year 2021-22, there were a total of 4,193 students were found to be homeless within the school districts serving Salinas, which is a slight decrease from 2013-14 when there were 4,456 homeless students. The largest share of homeless students was within the Salinas City Elementary School District, which had 2,382 homeless students.
Resources for Persons Experiencing Homelessness
In 2011, the Counties of Monterey and San Benito completed the Lead Me Home plan, a 10-Year Plan to End Homelessness in Monterey and San Benito Counties. The Plan included recommendations by a working group comprised of representatives from public and private agencies that met over a 10-month period. The Plan establishes a “Housing First” approach to help people re-access housing as quickly as possible through four key strategies: create a comprehensive housing pipeline, focus housing development on target populations, identify new funding sources to support the creation of permanent housing, and improve system-level permanent housing outcomes. Goals set forth by the Plan aimed to increase the permanent housing stock for homeless persons by 75 units within five years and 200 units within ten years while also increasing permanent supportive housing units by 500 within ten years.
The Lead Me Home plan was updated in 2021 with a primary goal to reduce homelessness in Monterey and San Benito Counties by 50% over the next five years. Overarching strategies of the update include increasing participation in homelessness solutions by leaders and key stakeholders across the region, improving the performance of the homelessness response system, enhancing the system’s effectiveness in supporting people to secure and sustain housing, and expanding service-oriented responses to unsheltered homelessness.
During the development of the Chinatown Revitalization Plan in 2019, the City conducted community outreach and received feedback related to homelessness from community members, property owners, businesses owners, service providers, and community-based organizations:
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• Chinatown should no longer be the epicenter of homeless encampments and social services for homeless individuals. Social services should be distributed across the City and Monterey County. • Residents, business and property owners, as well as stakeholders, have expressed that it is of critical importance to reduce encampments in Chinatown to revitalize the neighborhood. • Homeless individuals in Chinatown indicated that they would prefer to be housed with friends and live in single-family homes or in a permanent supportive housing complexes like the Moon Gate Plaza project.
• There is support for improved mental health and homeless services. • Despite Chinatown’s negative reputation, it has always been a welcoming place for minorities and those less fortunate.
Many homeless resources are available within the City of Salinas and presented in Table 37. Some of the services described below serve different types of low-income populations, not just homeless. The location of some services is not within Salinas, but nonetheless they serve unhoused people who reside in Salinas.
When historic Fort Ord on the Monterey peninsula closed in 1994, agencies serving the homeless were given priority to receive some of the property, under the terms of the federal McKinney Act and Base Reuse and Closure Act (BRAC).
The Salinas Outreach and Response Team (SORT) mission is to promote the health and safety of unhoused residents of the City of Salinas by providing essential emergency services through outreach, referrals, and service coordination. SORT engages the City of Salinas unhoused population through outreach to build trust and rapport with the unhoused community. The team includes a collaboration with Peer Leaders with lived homeless experience which is vitaly to reaching individuals who are hesitant to work with service providers. SORT’s goal is to connect the unhoused residents to resources through housing pathways, education, and referrals to other service providers who offer Rapid Rehousing and Stabilization Support. Outreach workers and Peer Leaders, represent the homeless service provider network in the Salinas, Monterey, and San Benito Continuum of Care (CoC).
In August 2022, California Business, Consumer Services and Housing Agency Secretary Lourdes Castro Ramirez and Senator Anna Caballero met with city, county & nonprofit organizations to learn how $4.1 million dollars awarded to the City of Salinas, through the Encampment Resolution Funding (ERF) Program, will be used to expand outreach efforts to unhoused individuals living in encampments. Funding through this program focuses on ensuring the wellness and safety of people experiencing homelessness in encampments. The program also supports innovative efforts to resolve critical encampment concerns and supports Housing First approaches to give unhoused individuals access to safe and stable housing.
To learn more about the Street Outreach & Response Team, please visit the Homeless Service website for the City of Salinas.
The California Interagency Council on Homelessness (Cal ICH) awarded $4,079,416 in Encampment Resolution Funding (ERF) to the City of Salinas. This grant will support Health & Safety Day projects (services and clean-up efforts at encampment sites) along the milelong stretch of land from Natividad Creek Park to Main Street, which intersects with Laurel Drive, Carr Lake, and Sherwood Drive. The funds will be utilized for Health & Safety Day activities, including:
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• outreach and engagement at encampment sites,
• mobile healthcare services,
• basic needs and wraparound services,
• service coordination, referrals, transportation, and interim and permanent housing solutions, and • encampment site restorations
The Monterey County Department of Social Services (DSS) and Coalition of Homeless Services Providers (CHSP) administers an inclement weather voucher program each year from November 1st through March 31st. Motel vouchers are provided to certain nonprofit organizations to use for homeless individuals or families as needed. In advance of inclement weather season, CHSP updates the county’s emergency shelter list and coordinates with DSS to distribute inclement weather voucher packets in order to support homeless service providers in preparation of their individual agency’s inclement weather response.
On October 9, 2018, City Council authorized the City Manager to enter into a Memorandum of Understanding (MOU) with the County of Monterey (County) regarding the: 1) development and operation of a new homeless shelter at 855 East Laurel Drive, 2) development of permanent supportive housing at 1220 Natividad Road, and 3) continued operations of a temporary warming shelter at 111 West Alisal Street. Under the direction of Chief Frese, the Police Department appointed a new Homeless Outreach Team (Hot) Officer who is actively working with homeless in Chinatown.
In May 2021, the SHARE Center opened, replacing the temporary warming shelter. The SHARE Center operates as an extremely low barrier year-round homeless shelter, meaning clients can come with their pets, partners, or families, and mental health challenges / low income / other complex needs are not a barrier to coming indoors. The SHARE Center is a beautiful and spacious location, including a reception, waiting room, staff spaces, health clinic, counseling offices, library, a commercial kitchen, a multipurpose room, pet kennels, outdoor dining area, children’s play areas, and bedrooms with 100 beds, including family rooms. On-site Housing Navigators work with clients on an individualized basis to help clients end their own cycle of being unhoused and help them find permanent, sustainable housing.
Additionally, Community Homeless Solutions operates the City’s Chinatown Navigation Center, A 51- Bed navigation center that provides meals, access to hygiene services, and 24/7 shelter to homeless adults residing in Chinatown or the City of Salinas. The center provides supportive services and housing navigation.
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Table 37: Homeless Resources
Agency/Program Description Location
Emergency Shelters
Community Homeless Solutions
– Navidad Shelter
Emergency shelter for homeless women and
children or single homeless women with
prioritized beds for those fleeing domestic
violence. Access to food, clothing, and case
management. Capacity: 32 beds
Salinas
Community Homeless Solutions
– Hamilton Shelter
Emergency Shelter for homeless women and
children or single homeless women with
prioritized beds for those fleeing domestic
violence. Access to food, clothing, and case
management. Capacity: 19 beds
Marina
Community Homeless Solutions
– Chinatown Navigation Center
51 bed navigation center that provides meals
and 24/7 shelter to homeless adults. 115 East Lake Street, Salinas Community Homeless Solutions
– Central Coast Respite Center
A 6-bed shelter for homeless adults in need of
respite care following stays in 3
participating hospitals
Seaside
Community Human Services –
Casa De Noche Buena
A 20-35-beds year-round shelter for homeless
women and families. Capacity
depends on the number of children in families.
1292 Olympia Ave., Seaside
Community Homeless Solutions
– Safe Place
Year-round shelter for youth ages 18-21. Also,
provides four beds for runaway and homeless
youth up to age 17 in two licensed foster
homes for up to 21 days. Capacity: 12 beds
590 Pearl St.
Monterey, CA 93940
Outreach Unlimited – I-HELP for
Men
Interfaith Emergency Lodging Program (IHELP) offers homeless men overnight lodging 7 nights a week at rotating Peninsula-area
houses of faith. Pickup in the parking lot
directly across from Navy Post Graduate
School on Del Monte. Capacity: 25 beds
Information line
(831) 251-8663
Outreach Unlimited – I-HELP for
Women
I-HELP (Interfaith Emergency Lodging
Program) offers homeless women overnight
lodging 7 nights a week at rotating Peninsulaarea houses of faith. Capacity: 10 beds Information line
(831) 251-8663
Interim, Inc – MCHOME
MCHOME program provides emergency
shelter, outreach, housing and intensive,
integrated services to homeless adults with
psychiatric disabilities. MCHOME’s goal is to
move individuals with psychiatric disabilities off
the street and into housing.
Monterey County
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Table 37: Homeless Resources
Agency/Program Description Location
Orphan Productions – Safe
Parking Program
Overnight Safe Parking Program for homeless
adults and their respective children if
applicable.
Marina
Pajaro Rescue Mission
Shelter for homeless men in modern, well
ventilated dorms. Faith based organization
provides food, support and substance use
counseling. Capacity: 35 beds
111 Railroad Ave.
Watsonville, CA 95076
Pass the Word Ministry – One
Starfish Safe Parking Program
Overnight Safe Parking Program for homeless
adults. Monterey Peninsula
Salvation Army – Frederiksen
House
60-day emergency shelter for families with
children. Access to case management and
other support services. Must be clean and
sober.
Seaside
Safe Parking Program
An overnight safe parking program for people
living in their legally registered
vehicles.
Marina & Seaside
SHARE Center
A 128-bed navigation center for homeless
men, women, and families that provides
meals and 24/7 shelter to people experiencing
homelessness in Monterey County.
Salinas
Salvation Army - Frederiksen
House
A 90-day emergency shelter for families with
children. Provides case management
and other support services.
Seaside
Victory Mission
Emergency Shelter for single homeless men
ages 18 and older. Provides shelter, food,
showers, clothing and other supportive
services. Capacity: 70 beds
43 Soledad St.
Salinas, CA 93901
YWCA Monterey County –
Safehouse
Serves victims of domestic violence with
emergency shelter (women and children only). Confidential location Veterans Resource Center
Supportive services for homeless Military
Veterans and their families. Emergency shelter
through approved motel stays. Access to case
management and additional supportive
services.
40 Bonifacio Pl
Monterey, CA 93940
Veteran’s Transition Center –
HCHV ERS
Emergency shelter for unaccompanied male
homeless veterans. Access to case
management and additional supportive
services.
220 12th St.
Marina, CA 93933
City of Salinas
2023-2031 Housing Element (November 2023) Page 58
Table 37: Homeless Resources
Agency/Program Description Location
Community Kitchens
Community Human Services –
Safe Place
Breakfast provided Tuesday and Fridays from
9:00-11:00 am for homeless youth up to age
21. Dinner provided at the Monterey Youth
Center at El Estero Park- Thursdays from 5:30-
6:30 pm.
590 Pearl St.
Monterey, CA 93940
First United Methodist Church
Serves breakfast 6:30 – 8:00 am, lunch 11:30
am-12:30 pm, Sunday through Friday. Clothes
closet, art room, 12-step groups, computer lab
and access to other supportive services.
404 Lincoln Ave.
Salinas, CA 93901
Food Bank For Monterey County
Provides emergency supplemental food to lowincome residents of Monterey County. Monthly schedule of distribution sites across Monterey
County is available on website.
353 Rossi St.
Salinas, CA 93901
Franciscan Workers – Dorothy’s
Kitchen
Food Services 8:00 am – 2:00 pm Monday –
Friday. Gathering for Women is a refuge for
homeless women on the Monterey Peninsula.
Provides women with a caring community, a
hot nutritious meal, needed clothing,
comprehensive resource support, limited
emergency assistance, education to promote
their health and safety, and connections to
community service providers.
30 Soledad St.
Salinas, CA 93901
Gathering For Women –
Women’s Day Center
Day Center providing homeless and housing
insecure women and their dependents access
to meals, showers, clothing, case
management, and wellness and enrichment
activities, as well as connections to other
service providers.
147 El Dorado Street,
Monterey
Pass The Word Ministry - One
Starfish Supportive Services
Provides hot breakfast for homeless persons
on Saturdays at El Estero Park at 9:00 am &
Sundays at Windows by the Bay at 9:30 am.
Contact program for location
and info
(831) 275-5167
Pajaro Rescue Mission – Pajaro
Men’s Center
Nourishing meals twice a day with access to
showers and clothing. Daily Bible services and
other supportive services provided daily.
111 Railroad Ave.
Watsonville, CA 95076
Salvation Army Sabu Shake
Good Samaritan Center
Coffee-pastry breakfast (Monday-Friday 8:30-
10:30 am) and hot lunch (MondayFriday 10:30-
12 pm). Hope Mobile meal services parking
area on Del Monte Naval Postgraduate School,
Monday-Thursday 11:30 am.
800 Scott St.
Sand City, CA 93955
City of Salinas
2023-2031 Housing Element (November 2023) Page 59
Table 37: Homeless Resources
Agency/Program Description Location
Transitional Housing
Community Homeless Solutions
– Homeward Bound
Transitional housing for low income, homeless
families with children. Receives clients
exclusively from CARS.
Marina
Community Homeless Solutions
- Men In Transition
Transitional housing for homeless single men
or women. Receives clients exclusively from
CARS.
Marina
Community Homeless Solutions
– Lexington Court, Intact
Families
Transitional housing for intact families with
children. Receives clients exclusively from
CARS.
Marina
Community Homeless Solutions
–Women In Transition
Transitional housing for single homeless
women. Access to case management and
other supportive services.
Marina
Community Human Services –
Safe Passage
Transitional housing facility in Monterey for
homeless youth and youth aging out of foster
care, ages 18-21. Receives clients exclusively
from CARS.
544 Pearl Street
Monterey, CA 93940
Franciscan Workers - House Of
Peace
Transitional program for single homeless men
and women. Access to case management and
other supportive services. Receives clients
exclusively from CARS.
Salinas
Interim, Inc – Shelter Cove,
Marina
Transitional housing program for homeless
adults living with mental illness. Shared units.
Maximum two-year program.
Marina
Interim, Inc – Transitional
Housing Programs
Soledad House/Sunflower Gardens –
Transitional housing for individuals with mental
illness.
Monterey County
Pajaro Rescue Mission – Crisis
Induction Center
Intense daily routine for men and women with
life controlling problems.
111 Railroad Ave.
Watsonville, CA 95076
Pueblo Del Mar – Housing
Authority Of The County Of
Monterey
Transitional housing program for homeless
families with children who are in recovery from
substance abuse. Receives clients exclusively
from CARS.
3403 MacArthur Dr.
Marina, CA 93933
Salvation Army - Casa De Las
Palmas & Phase II
Transitional housing program for families with
children. Must be clean and sober. Call
program directly for application and screening
information.
Monterey County
Sun Street Centers – Seven
Suns
Self-supporting transitional housing facilities for
single men in recovery from substance abuse.
8 Sun St.
Salinas, Ca 93901
City of Salinas
2023-2031 Housing Element (November 2023) Page 60
Table 37: Homeless Resources
Agency/Program Description Location
Veterans Transition Center –
Transitional Housing Program
Transitional housing program for homeless
military Veterans and their families. Access to
case management, clothes closet, food and
other supportive services. Receives clients
exclusively from CARS.
220 12th St.
Marina, CA 93933
Permanent Supportive Housing
Interim Inc. 15 permanent units and 2 transitional serving 23 people with psychiatric disabilities
Sunflower Gardens
29 Sun Street
Salinas, CA 93901
Interim Inc. 20 units for low income people with psychiatric disabilities
Lupine Gardens
306 Soledad Street
Salinas, CA 93901
Rental Assistance and Permanent Housing
City of Salinas – Emergency
Rental Assistance Program
In collaboration with the County of Monterey
and the United Way Monterey County, Salinas
provides financial assistance to
eligible tenants who are experiencing
unemployment and loss of income due to the
COVID-19 pandemic
Salinas
Catholic Charities of the Diocese
of Monterey
Eviction prevention assistance, financial
education, nutrition education, and assistance
with Covered California and CalFresh
applications. Rental assistance available
November – March.
1705 2nd Ave
Salinas, CA 93905
Central Coast Center For
Independent Living
Rapid Rehousing and Homeless Prevention
program for homeless individuals and families.
Access to case management and other
supportive services. Receives clients
exclusively from CARS.
318 Cayuga St., Ste. 208
Salinas, CA
CHISPA
CHISPA is a non-profit housing developer in
Monterey County that offers affordable rentals
to families who qualify by income.
295 Main St. Ste. 100
Salinas, CA 93901
Housing Authority Of The
County Of Monterey
Provides housing and housing support
services through administration of Housing
Choice Vouchers (formerly Section 8), Public
Housing, Farm Labor Housing, and other
programs.
123 Rico St.
Salinas, CA 93901
Housing Resource Center Of
Monterey County
Homeless prevention, rental assistance and
low-income housing program referrals –
Provides financial literacy education.
201-A John St.
Salinas, CA 93901
City of Salinas
2023-2031 Housing Element (November 2023) Page 61
Table 37: Homeless Resources
Agency/Program Description Location
Interim, Inc – Permanent
Supportive Housing
Community Housing/SUNFLOWER GARDEN
& other properties–Permanent supportive
housing for individuals with mental illness.
Apartments or shared housing.
P.O. Box 3222
Monterey, CA 93942
Interim, Inc – Sandy Shor Permanent, affordable housing for homeless adults living with mental illness
P.O. Box 3222
Monterey, CA 93942
Salvation Army – Sabu Shake
Good Samaritan Center
Rental assistance to those at risk of
homelessness when funding is available.
800 Scott St.
Sand City, CA 93955
Veterans Resource Centers of
America
Rapid Rehousing and Homeless Prevention
program for homeless military Veterans and
families.
40 Bonifacio Pl.
Monterey, CA 93940
Social Services
Monterey County Aging and
Adult Services
Provides support and assistance to people
with disabilities, seniors, and their family
caregivers. Services include 24-hour reporting
and investigations of elder and dependent
adult abuse, In-Home Supportive Services, the
SSI-Advocacy Program, and senior information
& assistance services.
Salinas, King City & Marina
Monterey County Department of
Social Services
Provides temporary public assistance benefits
and services to assist eligible residents of
Monterey County meet basic needs. Programs
include Temporary Cash Assistance for Needy
Families (cash aid), General Assistance, MediCal, CalFresh, and CalWORKs. Eligibility for these public benefits is based upon income
and resource levels.
1000 S. Main St., Ste. 216
Salinas, CA 93901
VA DOD Outpatient Clinic
Support services to homeless veterans
including Veteran benefits, food, clothing, and
blankets.
201 9th St.
Marina, CA 93933
Day Centers and Resource Centers
City of Salinas
2023-2031 Housing Element (November 2023) Page 62
Table 37: Homeless Resources
Agency/Program Description Location
Castro Plaza Family Resource
Center
Support for homeless children and families
including clothing, school supplies and referral
to other community resources to remove
barriers to education.
10601 McDougall St.
Castroville, CA 95012
Community Health Engagement
Center
Provides people experiencing homelessness in
Chinatown free internet access, basic and
preventive health care services, life skills
classes, support groups, workshops,
supportive counseling, street outreach, case
management, social service enrollment
assistance, and links to housing services.
Chinatown, Salinas
Community Human Services –
Safe Place
Safe Place provides street outreach, survival
aid such as food, socks, clothing, and hygiene
products to run away and homeless youth up
to age 25.
590 Pearl St.
Monterey, CA 93940
Franciscan Workers – Dorothy’s
Place Drop-In Center
Open daily, 7:30 am - 6:00 pm. Showers,
laundry, and mail services available.
Connection to onsite and offsite social
services, including case management and
transitional housing.
30 Soledad St.
Salinas, CA 93901
Family Resource Center (FRC) -
Homeless Education
Supportive services and resources for
homeless families and foster youth identified
through the school district.
110 S. Wood St., Rm. #K4
Salinas, CA 93905
First United Methodist Church
Safe space day program is open 6:30 am - 1
pm. Access to computers, telephones,
restrooms, etc. Clothing closet also available
Monday, Wednesday, and Friday 9:30 am - 11
am.
404 Lincoln Ave.
Salinas, CA 93901
Gathering for Women
A refuge for unsheltered women, offering
supportive services, clothing, case
management, emergency assistance, and
showers in a caring environment. 8:00 am – 4
pm, Monday - Friday.
147 El Dorado Street
Monterey, CA 93940
Interim, Inc - Pajaro Street
Wellness Center
Peer support, employment services, dual
recovery services and family support for
persons with mental health challenges.
Wellness programs are free and open to
anyone with mental health challenges.
Programs are also offered off-site at other
community locations.
339 Pajaro St., Ste. A
Salinas, CA 93901
City of Salinas
2023-2031 Housing Element (November 2023) Page 63
Table 37: Homeless Resources
Agency/Program Description Location
Salvation Army – Good
Samaritan Center, Peninsula
Supportive services include showers, access
to phone, fax, computers, hot meals, food
boxes, laundry, lockers, clothing closet,
spiritual counseling and rental assistance.
Monday-Friday 8:30-4:30 pm (closed 12-1 pm)
800 Scott St.
Sand City, CA 93955
Salvation Army – Salinas Center
Community center with a variety of family
services including shelter, meal assistance, bill
pay assistance, and employment assistance.
2460 North Main St.
Salinas, CA 93906
Veterans Transition Center –
Martinez Hall-Day Program
Support services to homeless veterans
including food, clothing, and blankets.
220 12th St.
Marina, CA 93933
Source: Monterey County Homeless Services Resource Guide. Coalition of Homeless Service Providers, August 2019.
Periodically, City crews are involved in cleanups of encampment areas in Chinatown due to health and safety impacts and concerns. As stated in the City’s 2020-2024 HUD Consolidated Plan, the City provides a range of homeless services that complement the Regional Continuum of Care, promoting coordination of services. The City also provides programs and services that focus on the prevention of homelessness, and the rapid rehousing of those recently homeless or at imminent risk of becoming homeless. Salinas will continue to support the operation of homeless shelters and other homeless facilities and transitional housing for the formerly homeless, including runaway and emancipated youth. This is a citywide priority, with an emphasis in the Chinatown area. To this end, the City maintains active partnerships with the SDCB, Chinatown Homeless Action Team (CHAT), and CHSP to address the homeless situation in the Chinatown area, among other areas. The City is also pursuing opportunities to create additional homeless facilities to better serve this population.
K. Farm Workers
The Salinas Valley is one of the most productive agricultural regions in the world, earning its moniker “the Salad Bowl of the World.” The Valley is home to thousands of acres of produce and flower farms, as well as wineries. Agriculture contributes millions of dollars to the local economy and provides jobs to people throughout the Monterey Bay region. As traditionally defined, farm workers are persons whose primary incomes are earned through permanent or seasonal agricultural labor. Permanent farm workers tend to work in fields or processing plants. During harvest periods when workloads increase, the need to supplement the permanent labor force is satisfied with seasonal workers. Often these seasonal workers are migrant workers, defined by the inability to return to their primary residence at the end of the workday.
The agricultural workforce in Monterey County does include many jobs, including weeding, thinning, planting, pruning, irrigation, tractor work, pesticide applications, harvesting, transportation to the cooler or market, and a variety of jobs at packing and processing facilities. It is therefore difficult to estimate the number of farm workers residing in the County or City of Salinas. The 2017 USDA Census of Farmworkers reported 26,929 farmworkers in the County, a decrease from 32,872 in 2012. Of the 26,929 farmworkers employed, 4,972 are migrant workers. According to 2016-2020 ACS, there were 11,469 workers employed in farming, fishing, and forestry occupations living in Salinas (16.7% of the City’s civilian employed population 16 years and over).
Farm worker households tend to have high rates of poverty, live disproportionately in housing that is in the poor condition, have very high rates of overcrowding, have low homeownership rates, and are City of Salinas
2023-2031 Housing Element (November 2023) Page 64
predominately members of minority groups. Some immigrant farm workers may have an inherent fear and mistrust of law enforcement and other government authorities based on their experience or perception of the government in their country of origin or from rumors and experiences suffered by other farm workers. These farm workers may be reluctant to report fair housing issues or violations or contact any other government official for assistance. Furthermore, most federally funded housing programs, including the Housing Choice Voucher program and other subsidy programs, exclude persons who are undocumented. This means that people who are most in need are unable to obtain housing assistance, and others are unable to find any housing and instead must resort to homeless shelters, to sleeping in their vehicles, or to homeless encampments.
According to the U.S. Department of Labor, Bureau of Labor Statistics (BLS), the average annual fulltime wage for farm workers and laborers in the Salinas MSA in 2021 was $33,550. Within farming, fishing, and forestry occupations, first-line supervisors earned the highest wages. Table 38 presents the location quotient for farming, fishing, and forestry occupations. The location quotient is the ratio of the area concentration of occupational employment to the national average concentration. A location quotient greater than one indicates the occupation has a higher share of employment than average, and a location quotient less than one indicates the occupation is less prevalent in the area than average. As shown in Table 38, there is a very high concentration of all types of agricultural occupation in the Salinas Metro area.
Table 38: Farm Worker Employment Profile - Salinas, CA Metro Area (Monterey County) (2021) Occupation Title Employment
Location
Quotient
Mean
Hourly
Wage
Annual
Mean
Wage
Farming, Fishing, and Forestry Occupations 31,460 57.93 $16.50 $34,310 First-Line Supervisors of Farming, Fishing, and Forestry Workers 1,250 40.28 $25.35 $52,720 Graders and Sorters, Agricultural Products 680 22.11 $15.22 $31,660 Agricultural Equipment Operators 670 21.37 $16.59 $34,500 Farmworkers and Laborers, Crop, Nursery, and Greenhouse 28,690 86.24 $16.13 $33,550 Farmworkers, Farm Ranch, and Aquacultural Animals 30 0.85 $17.60 $36,600 Agricultural Workers, All Other 100 13.30 $18.29 $38,030 Note: The U.S. Department of Labor, Bureau of Labor Statistics indicates a higher number or persons employed in Farming, Fishing, and Forestry Occupations as compared with data from the 2016-2020 American Community Survey from the U.S. Census Bureau.
Source: U.S. Department of Labor, Bureau of Labor Statistics. May 2021 Metropolitan and Nonmetropolitan Area Occupational Employment and Wage Estimates.
Resources for Farm Workers
Several organizations work to secure more affordable housing for Salinas’ farmworkers. The two most active organizations in this area are the Community Housing Improvement Systems and Planning Association, Inc. (CHISPA) and the Center for Community Advocacy (CCA). CHISPA works to rehabilitate and construct new farm worker housing in the Salinas Valley. In Salinas, CHISPA built the Wesley Oaks project utilizing funding for farmworker housing. They have been successful in demolishing the dilapidated buildings intended to serve single migrant farm workers in the 1940s, which were not appropriate for permanent occupation by large families. In their place new affordable units are built for farm workers, some of which are “sweat equity” homes. With a sweat equity arrangement, the sale price of the home is significantly reduced because the homeowners themselves provide much of the labor to build them. CCA is a nonprofit organization whose mission is to improve housing conditions as well as City of Salinas
2023-2031 Housing Element (November 2023) Page 65
provide outreach, health services, and educational programs to farm workers and other low-income families. CCA’s overarching goal is to help farm workers help themselves. CCA conducts outreach at labor camps to educate farm workers about their basic rights.
The Tresor Apartments for farmworkers were developed by the City with funding from the Redevelopment Agency, the City’s HUD entitlement HOME allocation, and the USDA Rural Development program.
The Housing Authority of Monterey County (HACM) maintains a number of Migrant and Permanent Farm Labor housing units. A total of 215 housing units are available for this targeted population. The Migrant Center is located in King City and is open for six months each year. The permanent Farm Labor Complexes maintained by HACM are located in Salinas, Chualar, and Castroville. The United Farm Workers (UFW) Union also maintains an office in Salinas.
As stated in the City’s 2020-2024 HUD Consolidated Plan, “there is a shortage in the amount of suitable, affordable housing for specialty crop farmworkers and their families throughout the region. Much of the housing currently used by farmworkers and their families is in serious need of replacement, upgrades, and/or repairs, and there are an inadequate number of new units being created. The inability of farms to provide housing for their workforce, in combination with barriers to worker travel (border control, gas prices), leaves open a large question about how to attract and retain a qualified labor force for this important industry.”
In 2016, Salinas led the effort to coordinate a Regional Farmworker Housing Study and Action Plan, which was completed in 2018. The Study concludes that farmworker housing in the region is severely crowded and estimates the need for 48,000 new units of farmworker housing to alleviate critical overcrowding in farmworker households. The Study includes an action plan for expanding affordable housing opportunities for this important economic segment of the region.
In 2019, the City amended the Zoning Code to permit the temporary conversion to interim or employee housing at an existing property developed as a hotel or motel. Labor contractors are allowed to rent motel and hotel rooms for up to ten months during a three hundred sixty-five day period, after which they can renew a rental permit for an additional ten months. The City has received 20 applications for this program and has approved five. Three applications have been withdrawn, and the remaining twelve are being processed.
Adjacent to the City, the County of Monterey has approved three farmworker housing projects in recent years, which the City supports by allowing access to its utility services. These are the Boronda Villas with housing for 600 workers, Harvest Moon Apartments with housing for 1,200 workers, and Spreckels Crossing with housing for 800 workers. The County continues to coordinate with the City on farmworker housing through various stakeholder engagement methods like the Farmworker Study oversight Committee and the Housing Advisory Committee focusing primarily on subjects related to finance, suitable sites, and regulatory reform for farmworker housing. In addition to this work, the City also created map that identifies opportunity sites for farmworker housing within City of Salinas limits. Program 17 of Chapter 6 describes City actions to support farmworker housing during the planning period.
L. Extremely Low-Income Households
As discussed previously, extremely low-income households earning less than 30% of the AMI are often more likely to experience housing problems including cost burden. There are 6,605 extremely low-income City of Salinas
2023-2031 Housing Element (November 2023) Page 66
households in the City representing 16.2% of households citywide (Table 39). Of these households, 79.3% (5,235 households) are renters and 20.7% (1,370 households) are owners. Nearly 85% of extremely lowincome households experience one or more housing problems and 83.3% are cost burdened compared to only 54.1% and 43.9%, respectively, of households citywide.
Table 39: Extremely Low-Income Households (2019)
Owner Renter Total
Extremely Low-Income Households 1,370 5,235 6,605
With housing problem 75.2% 87.5% 84.9%
With cost burden 74.1% 85.8% 83.3%
Source: HUD CHAS data (based on 2015-2019 ACS), 2022.
Resources for Extremely Low-Income Households
Housing Choice Vouchers (HCV) represent a significant resource for extremely low-income households as HUD policy requires that at least 70% of all new HCV be available to this income group. Affordable housing projects available to low-income households, including extremely low income households, are described in Section 3.8, Publicly Assisted Housing. Additional resources such as social services, rental assistance, and resource centers available to extremely low-income households are included in Table 39 above.
3.6 Alisal Vibrancy Plan and Alisal Neighborhood Revitalization Strategy Area (NRSA)
In 2019, the City accepted the Alisal Vibrancy Plan as a strategic planning document. The Alisal Vibrancy Plan is the result of years of visioning, community organizing, and relationship building between the City of Salinas and Alisal residents. In 2013, residents and community groups led by Building Healthy Communities – East Salinas (BHC) Collaborative advocated for a vibrancy plan for East Salinas during the Downtown Vibrancy Plan and Economic Development Element community engagement and planning processes. Over the following years, residents and community groups collaborated with the City to define the planning process, dedicate City funding, and initiate the process.
The Alisal Vibrancy Plan is an action-oriented, comprehensive strategy for Salinas’ Alisal neighborhood.
The Plan is the first of its kind in the City, providing a community vision for a focused area of the City, with specific actions and policies that were generated through a community-led process. Its purpose is to communicate the collective vision, goals and desires of those who live, work, worship, and shop in the Alisal.
Community recommendations, which evolved into Goals, Policies and Actions are the “heart” of the Alisal Vibrancy Plan and will inform the update of the City’s General Plan, anticipated to begin early 2020.
The intent of the Alisal Vibrancy Plan is to reflect and celebrate this unique identity, providing planning guidance that is driven by the Alisal community and focused on its particular needs and special character.
The Alisal Vibrancy Plan aims to alleviate and reverse the neglect and underinvestment that the community has faced for decades both pre and post annexation into the City. It is an opportunity to improve quality of life for East Salinas residents by creating a more vibrant, equitable, and healthy community in a way that builds upon the social and cultural wealth of the Alisal City of Salinas
2023-2031 Housing Element (November 2023) Page 67
The Alisal Vibrancy Plan Area follows the boundaries of the federal government’s Department of Housing and Urban Development (HUD) Alisal Neighborhood Revitalization Strategy Area (ANRSA) and the previously proposed Alisal Market Place redevelopment area The Alisal NRSA covers approximately 2.6 square miles, or about 11% of the whole City. The Alisal NRSA includes some of the most distressed residential neighborhoods in Salinas and qualifies as a NRSA based on the high percentage of lower income residents. The NRSA faces challenges such as inadequate public infrastructure, high levels of unemployment, high levels of poverty, and violent criminal activity.
Specifically, 19 of the 22 complexes previously administered by the Housing Authority of the County of Monterey (HACM) are in the Alisal NRSA. Initiated in 2015 and completed in 2019, HACM converted its 22 public housing developments into project-based rental assistance units through HUD’s RAD program. Assisted rental housing is further discussed in Section 3.8, Publicly Assisted Housing, below.
Table 40 provides a comparison of demographic and household characteristics between the Alisal NRSA and the City as a whole.13 The Alisal NSRA area has larger Hispanic/Latino populations, populations of persons below the poverty level, farmworker populations, and single-parent female-headed household populations compared to the City as a whole. Housing problems such as cost burden and overcrowding are also more prevalent in the Alisal NSRA. Focused efforts to address the housing and supportive service needs in the Alisal area are warranted. Program 25 of Chapter 6 describes efforts to implement the AVP, ANRSA, and the Chinatown Revitalization Plan, discussed below.
Table 40: Alisal NRSA vs. City of Salinas
Alisal NRSA Salinas California
Population Characteristics
Population Growth (2013-2020) -5.8% 2.5% 4.5%
% Children (under age of 18) 36.1% 30.7% 22.8%
% Seniors (65 years and older) 6.1% 9.2% 14.3%
% Hispanic/Latino 96.5% 79.2% 39.1%
% Living below Poverty Status 21.4% 14.2% 12.6%
% With Less Than High School Diploma (of
population 25 years and older) 62.3% 37.2% 16.1%
Employment and Income Characteristics
% Employed by Agriculture/Forestry 43.1% 15.5% 1.9%
% Unemployed 3.3% 3.2% 3.9%
% Households Earning Less Than $25,000
Annually 18.8% 14.2% 15.5%
Household Characteristics
% Families with Children 64.0% 42.2% 29.7%
% Female-Headed Families with Children 21.2% 10.2% 6.0% % Large Households (5+ members) 42.4% 27.5% 13.8%
% Households Overcrowded1 39.3% 19.7% 8.2%
% Renters Overcrowded 45.0% 27.6% 13.2%
13 A separate document that details the neighborhood conditions in the Alisal area and strategies for improvements is incorporated as part of the City’s FY 2020 – FY 2024 Consolidated Plan.
City of Salinas
2023-2031 Housing Element (November 2023) Page 68
Table 40: Alisal NRSA vs. City of Salinas
Alisal NRSA Salinas California
% Owners Overcrowded 27.5% 11.0% 4.2%
% Households with Cost Burden2 49.6% 42.3% 40.1%
% Households with Severe Cost Burden3 23.5% 18.6% 19.0% Housing Characteristics
% Housing Growth (2013-2020) -8.5% -0.1% 3.5%
% Multi-Family Units 40.8% 32.4% 31.4%
% Renter-Occupied 67.5% 52.1% 44.7%
% Owner-Occupied 32.5% 47.9% 55.3%
Notes:
1. >1.0 occupants per room
2. >30% of income spent on housing costs
3. >50% of income spent on housing costs
* 2009-2013 ACS was used as ACS data at the block group level prior to 2013 is not available. ** Block group designations have shifted between the 2013 and 2020 ACS periods. The area of tract 106.08, block groups 2 and 3, identified during the 2013 ACS became tract 106.08 block group 1. However, the new block group 1 designation is now slightly smaller than the area previously encompassed in block groups 2 and 3. Changes in population and housing units are estimates only.
*** Data in this table may not match HUD CHAS data presented in this Community Profile previously. This table uses the ACS only, at the tract (Alisal NRSA tracts), City, and State level to ensure comparisons are accurate.
Sources: 2009-2013 and 2016-2020 ACS (5-Year Estimates).
City of Salinas
2023-2031 Housing Element (November 2023) Page 69
Figure 3-5: Alisal NRSA Location
City of Salinas
2023-2031 Housing Element (November 2023) Page 70
3.7 Chinatown Revitalization Plan Area
The Chinatown Revitalization Plan was completed in 2019, created to support the needs of its existing and growing population through diverse land uses that create a more balanced neighborhood, including affordable and market-rate housing, health and social services, healthy and multicultural food establishments, open spaces, and employment options for all residents. Chinatown is centrally located within Salinas and proximate to several key destinations, amenities, and institutions. It lies immediately north of the City’s Downtown, immediately east of the Salinas Intermodal Transportation Center (ITC), and within approximately three miles of the emerging Future Growth Area to the northeast of the City.
The Chinatown planning area is shown in Figure 3-6 and is 104 acres and 17 square blocks. The Chinatown Plan area is generally encompassed by tract 18.02, block group 2. Small sections of tract 18.01 block group 3, tract 13 block group 2, and tract 145 block group 1 are in the Chinatown Plan area. However, the area of block groups included in the Plan area is negligible. The demographics data for the Chinatown Plan area in Table 41 reflects tract 18.02 block group 2 alone.
The Chinatown Plan area is characterized by a large population of persons experiencing homelessness.
The Chinatown area also has larger populations of persons below the poverty level, persons with less than a high school diploma, farmworkers, unemployed workers, and single-parent female-headed households.
Overcrowding and cost burden are also more prevalent in the Chinatown Plan area.
Table 41: Chinatown Plan Area vs. City of Salinas
Chinatown Plan
Area Salinas California
Population Characteristics
Population Growth (2013-2020) 22.0% 2.5% 4.5%
% Children (under age of 18) 34.5% 30.7% 22.8%
% Seniors (65 years and older) 1.9% 9.2% 14.3%
% Hispanic/Latino 93.5% 79.2% 39.1%
% Living below Poverty Status 22.0% 14.2% 12.6%
% Persons Experiencing Homelessness (# of
Individuals) 9.4% (200) 0.6% (976) 0.4% (161,548)
% With Less Than High School Diploma (of
population 25 years and older) 59.4% 37.2% 16.1%
Employment and Income Characteristics
% Employed by Agriculture/Forestry 56.5% 15.5% 1.9%
% Unemployed 9.6% 3.2% 3.9%
% Households Earning Less Than $25,000
Annually 19.0% 14.2% 15.5%
Household Characteristics
% Families with Children 59.0% 42.2% 29.7%
% Female-Headed Families with Children 18.8% 10.2% 6.0% % Large Households (5+ members) 34.6% 27.5% 13.8%
% Households Overcrowded1 27.5% 19.7% 8.2%
% Renters Overcrowded 39.5% 27.6% 13.2%
% Owners Overcrowded 0.0% 11.0% 4.2%
% Households with Cost Burden2 44.1% 42.3% 40.1%
City of Salinas
2023-2031 Housing Element (November 2023) Page 71
Table 41: Chinatown Plan Area vs. City of Salinas
Chinatown Plan
Area Salinas California
% Households with Severe Cost Burden3 22.4% 18.6% 19.0% Housing Characteristics
% Housing Growth (2013-2020) 3.6% -0.1% 3.5%
% Multi-Family Units 49.2% 32.4% 31.4%
% Renter-Occupied 69.8% 52.1% 44.7%
% Owner-Occupied 30.2% 47.9% 55.3%
Notes:
1. >1.0 occupants per room
2. >30% of income spent on housing costs
3. >50% of income spent on housing costs
* 2009-2013 ACS was used as ACS data at the block group level prior to 2013 is not available. ** Data in this table may not match HUD CHAS data presented in this Community Profile previously. This table uses the ACS only, at the block group (Chinatown block group2, tract 18.02), City, and State level to ensure comparisons are accurate.
Sources: 2009-2013 and 2016-2020 ACS (5-Year Estimates); 2022 Monterey County Homeless Count and Survey Comprehensive Report; City of Salinas Chinatown Revitalization Plan, 2019; California Senate Housing Committee, Homelessness in California, January 2022.
City of Salinas
2023-2031 Housing Element (November 2023) Page 72
Figure 3-6: Chinatown Revitalization Area
City of Salinas
2023-2031 Housing Element (November 2023) Page 73
3.8 Publicly Assisted Housing
The availability and location of public and assisted housing may be a fair housing concern. If such housing is concentrated in one area of a community or of a region, a household seeking affordable housing is limited to choices within the area. In addition, public/assisted housing and Housing Choice Voucher (Section 8) assistance should be accessible to qualified households regardless of race/ethnicity, disability, or other protected class status.
3.8.1 Public Housing
The Housing Authority of the County of Monterey (HACM) previously owned and administered 26 public housing complexes (682 units) in Salinas. Specifically, 19 of the complexes are in the Alisal area. Eligible residents must be senior citizens, a disabled individual, or a low-income family. Initiated in 2015 and completed in 2019, HACM converted its 22 public housing developments into project-based rental assistance units through HUD’s RAD program. HACM has established Monterey County Housing Authority Development Corporation (MCHADC) to manage former public housing developments. As of 2020, 276 project-based vouchers, 1,689 tenant-based vouchers, 65 Veterans Affairs Supportive Housing vouchers, 21 Family Unification Program vouchers, and 976 vouchers for persons with disabilities are used in Salinas. As of March 2023, the waitlist for HACM properties is 6,019. The following complexes in Salinas are now managed by MCHADC:
Del Monte Estates – 1415 Del Monte Avenue (89 units)
El Gin Village – 350 Casentini Street (50 units)
Northridge Plaza – 1511,1513, and 1515 Wheeler Drive (80 units) Ocean View Apartments – 44 Natividad Road (40 units)
Parkside Manor – 1112 Parkside Street (88 units)
Tesoro del Campo – 42 La Posada Drive (57 units)
Del Monte Townhouse Apartments – 1259 Del Monte Avenue (17 units) Rider Manor – 1030 Rider Avenue (18 units)
Sanborn Arms – 1058 N Sanborn Road (16 units)
Sanborn Estates – 1025 N Sanborn Road (14 units)
Sanborn Plaza – 1039 N Sanborn Road (14 units)
1029 Rider Avenue (8 units)
540 Williams Road (3 units)
775 Elkington Avenue (7 units)
780 Elkington Avenue (8 units)
24 N Wood Street (4 units)
1012 N Sanborn Road (11 units)
312 Williams Road (3 units)
City of Salinas
2023-2031 Housing Element (November 2023) Page 74
737 Mae Avenue (2 units)
747 Mae Avenue (2 units)
1113 D Street (6 units)
1011 E Laurel Drive (15)
1111 Alamo Way (25 units)
1112 Alamo Way (4)
1062 Sanborn Road (10 units).
3.8.2 Housing Choice Vouchers Program
HACM administers the Housing Choice Voucher Program (HCV) for Salinas residents. As of January 2022, 3,316 Salinas households were receiving Housing Choice Vouchers. For the distribution of voucher assistance within the City, HACM has established local preferences such as families who have lost HCVs due to funding cuts, working families, elderly or disabled, and veterans. As of January 2022, there were 2,739 households on the waiting list for the HCV program.
As an extension of the HCV program, HACM provides assistance to eligible families who purchase a home by applying their existing HCV towards a monthly mortgage payment. Eligible families may qualify for a maximum period of 10 or 15 years (depending on the mortgage terms).
3.8.3 Other Affordable Housing Projects
Housing developments utilizing federal, state, and/or local programs, including state and local bond programs, Low-Income Housing Tax Credits (LIHTC), density bonus, or direct assistance programs, are often restricted for use as low-income housing and provide another source of affordable housing for a jurisdiction. A number of developments in Salinas have been identified where some or all of the units are affordable for low to moderate income households. Together these projects provide 2,196 units of affordable housing.
Property
Name Property Address Funding Source Type Total Affordable Units Total Project
Units
California
House 436 California Street HOME, SRA; MHSA Family 8 8
Catalyst
House 235 Martella Street CDBG Family 5 17
Creekbridge
Apartments 1701 Independence Blvd Inclusionary Family 12 220 City of Salinas
2023-2031 Housing Element (November 2023) Page 75
Property
Name Property Address Funding Source Type Total Affordable Units Total Project
Units
East Salinas
Family RAD
Apartments
(Scattered
Sites)
1025 & 1039 Sanborn 1415
Del Monte Ave
1058 Sanborn Rd
1029-1030 Rider Ave
1111-1112 Alamo
540 Williams Rd
312 Williams Rd
737 and 747 Mae Ave
775 and 780 Elkington 1062
Sanborn Rd
1012 Sanborn Rd
1259 Del Monte Ave
1011 Laurel Dr
1113 D St
24 N Wood St
LIHTC Family 196 202
Hacienda
Phase IV -
Dai Ichi
Village
Apartments
34 Rossi Strreet HOME,
Inclusionary Senior 11 41
Gabilan Hills
Townhomes 1051 Paseo Grande Inclusionary, LIHTC Family 99 100 Gabilan
Plaza Apts 730 Williams Road HUD Assisted Family 197 200 Gateway
Apartments 25 Lincoln Avenue HOME, SRA, Inclusionary Senior 51 52 Haciendas
Phase I 233 Calle Cebu HOME, SRA, Inclusionary Family 52 53 Haciendas
Phase II 275 Calle Cebu HOME, Inclusionary Family 46 46 Haciendas
Phase III 131 E Rossi Street HOME, Inclusionary Family 50 50 Harden
Ranch
Apartments
1907 Dartmouth Way Inclusionary Family 95 100
Jardines Del
Monte 1253 Del Monte Avenue HOME, SRA, Inclusionary Family 11 11 La Gloria
Apartments 539 E Market Street
HOME, SRA,
Inclusionary,
Density Bonus
Senior 22 22
Loma El
Paraiso 541 Roosevelt Street CDBG Family 42 43
Los Abuelitos
Senior
Apartments
258 E Market Street SRA Senior 12 25
Lupine
Gardens 306 Soledad Street
CDBG, HOME,
SRA,
Inclusionary
Disabled 20 20
Mariposa
Apartments 300 Casentini Street HUD Assisted Family 20 20 Montecito
Senior
Apartments
1598 Mesquite Drive HOME,
Inclusionary Senior 132 132
City of Salinas
2023-2031 Housing Element (November 2023) Page 76
Property
Name Property Address Funding Source Type Total Affordable Units Total Project
Units
Moon Gate
Plaza
Apartments
21 Soledad St HOME, CDBG Disabled 90 90
Mountain
View
Townhomes
1568 Falcon Dr. Inclusionary Family 68 68
Nantucket
Bay
Apartments
950 Nantucket Blvd. LIHTC,
Inclusionary Family 158 160
Parkside
Apartments 1112 Parkside Street HOME Senior 80 80
Pajaro
Triplex 139 Pajaro Street SRA Family 3 3
Plaza Club
Apartments 100 Harden Parkway LIHTC Family 42 208
Plaza
Grande 50 E Market SRA, LIHTC Family 72 92
Regency
Court 472 Regency Circle Inclusionary, LIHTC Senior 119 120 Roosevelt
Street
Townhomes
II
504 Roosevelt Street LIHTC Family 21 22
Roosevelt
Townhomes 522 Roosevelt Street LIHTC Family 21 22
Salinas Bay
Apartments 920 Larkin Street Inclusionary, LIHTC Family 92 95 Salinas
Family Rad
Apts
(scattered
sites)
44 Natividad Rd
350 Casentini St
1511-1515 Wheeler Dr
LIHTC Family 155 170
Pointe
Apartments
(aka Los
Padres)
Apartments
1260 John Street HOME, SRA,
LIHTC Family 164 219
Sherwood
Village 808 N Main Street CDBG, HOME, Inclusionary Senior 124 125 Steinbeck
Commons
Apartments
10 Lincoln Avenue HUD Assisted,
LIHTC Senior 99 100
Sun Street
Apartments 34 Sun Street Inclusionary Family 2 17
Sun Rose
Apartments 439 Soledad Street CDBG, HOME, HAS, SRA Disability 9 9 Sunflower
Gardens 29 Sun Street CDBG, SRA, Inclusionary Family 23 23 Tresor
Apartments 1041 Buckhorn Drive
HOME, SRA,
Inclusionary,
LIHTC
Family 80 81
City of Salinas
2023-2031 Housing Element (November 2023) Page 77
Property
Name Property Address Funding Source Type Total Affordable Units Total Project
Units
Tynan
Village 325 Front Street
HOME, SRA,
Inclusionary,
Density, LIHTC
Family 106 171
Vista del la
Terraza 165 Carr Avenue CDBG Family 40 41
Wesley Oaks 138 Carr Ave
HOME, Salinas
HTF,
Inclusionary
Family 6 10
401
Monterey
Street
401 Monterey Street Density Family 2 16
3.8.4 Units at Risk of Converting to Market-Rate Housing With the next ten years (2023-2033), the below 15 projects are identified as potentially at risk of converting to market-rate housing:
Overall, 778 units are considered at risk of converting to market-rate housing due to potential expiration of rent subsidies either by restrictions place in the property by the City of Salinas, HCD, HUD, LIHTC, CalHFA and other funding sources.
M. Preservation and Replacement Options
To preserve the existing affordable housing stock, the City must either preserve the existing assisted units or facilitate the development of new units. Depending on the circumstances of the at-risk projects, different options may be used to preserve or replace the units. Preservation options typically include: 1) transfer of project to non-profit ownership; 2) provision of rental assistance to tenants; and 3) purchase of affordability covenants. For example, CDBG and HOME funds may be used to acquire and rehabilitate Property Name # of Affordable Units City
Affordability Period Expiring
Other Affordability Period
(LIHTC/CalHFA/HCD)
Buena Vista Apartments 1 March 27, 2025
California House 8 July 3, 2032
Creekbridge Apartments 12 July 1, 2029
Gabilan Hills Apartments 100 September 29, 2025
Harden Ranch Apartments 95 May 6, 2026
Jardines Del Monte 11 January 28,2033
Lupine Gardens 20 November 12, 2032
Montecito At Williams Ranch 130 June 3, 2029
Mountain View Homes 68 August 21, 2030
Pajaro Triplex 3 October 25, 2025 5/6/2026
Regency Court 119 December 28, 2025 2023
Salinas Bay Apartments 92 November 13, 2030
Sun Street Apartments 2 January 28, 2030
Plaza Club Apartments 42 N/A 2027
Las Casas de Madera 75 June 30, 2022 8/31/2023
Total 778
City of Salinas
2023-2031 Housing Element (November 2023) Page 78
the affordable units in exchange for an extended affordability covenant on the assisted units. In terms of replacement, the most direct option is the development of new assisted multi-family housing units. These options are described below, and City actions are described in Program 24 of Chapter 6. (1) Transfer of Ownership
Transferring ownership of an at-risk project to a non-profit housing provider is generally one of the least costly ways to ensure that the at-risk units remain affordable for the long term. Transferring property ownership to a non-profit organization would secure low income restrictions and the project would become potentially eligible for a greater range of governmental assistance. Currently, a 8-unit apartment complex in East Salinas is listed for sale at $2.15 million or an average of $268,750 per unit. The cost to transfer ownership of these projects to nonprofit housing providers is generally estimated at $87.3 million for all at-risk units.
(2) Rental Assistance
Rental subsidies can be used to maintain affordability of the 325 at-risk affordable units, consisting of 155 one-bedroom units, 77 two-bedroom units, 55 three-bedroom units, and 38 four-bedroom units. These rent subsidies could be structured to mirror the federal Housing Choice Voucher (Section 8) program.
Under Housing Choice Voucher (Section 8), HUD pays the difference between what tenants can pay (defined as 30% of household income) and what HUD estimates as the fair market rent (FMR) on the unit. As indicated in Table 42 the total cost of subsidizing the rents of all 325 at-risk units is estimated at $590,799 per month or $7,089,588 annually. Providing this level of subsidies for at least 55 years would require over $390 million.
Table 42: Rental Subsidies Required
Unit Size Total
Units
Fair
Market
Rent1
Household
Size
Very Low
Income
(50% AMI)2
Affordable
Cost –
Utilities3
Monthly per
Unit
Subsidy
Total
Monthly
Subsidy
Studio 0 $2,112 1 $39,800 $787 $1,325 $0
1-Bedroom 155 $2,194 2 $45,500 $914 $1,280 $198,400
2-Bedroom 77 $2,675 3 $51,200 $1,006 $1,669 $128,513
3-Bedroom 55 $3,790 4 $56,850 $1,080 $2,710 $149,050
4-Bedroom 38 $4,144 5 $61,400 $1,122 $3,022 $114,836
Total 325 $590,799
Notes:
1. Fair Market Rent (FMR) is determined by HUD, 2023.
2. Monterey County 2022 Area Median Household Income (AMI) limits set by the California Department of Housing and Community Development (HCD) – see Error! Reference source not found..
3. Affordable cost = 30% of the AMI, minus utilities for rentals– see Error! Reference source not found..
The feasibility of this alternative is highly dependent upon the availability of reliable funding sources necessary to make rent subsidies and the willingness of property owners to participate in the program.
Furthermore, funding available for this type of assistance is limited as CDBG funds cannot be used for long-term rental assistance and HOME funds for rental assistance are subject to stringent requirements. (3) Purchase of Affordability Covenants
Another option to preserve the affordability of the at-risk project is to provide an incentive package to the owner to maintain the project as affordable housing. Incentives could include reducing the interest City of Salinas
2023-2031 Housing Element (November 2023) Page 79
rate on the remaining loan balance, providing a lump-sum payment, and/or supplementing the rents to market levels. The feasibility of this option is dependent upon how high the development is leveraged.
By providing lump sum financial incentives or ongoing subsides in rents or reduced mortgage interest rates to the owner, the City can ensure that some or all of the units remain affordable. Funding available for purchase of affordability covenants is also limited as, typically, HUD funds cannot be used for this purpose.
(4) Construction of Replacement Units
The construction of new low income housing units is a means of replacing the at-risk units should they be converted to market-rate units and is eligible for HUD funds. The cost of developing housing depends upon a variety of factors, including density, size of the units (i.e. square footage and number of bedrooms), location, land costs, and type of construction. Assuming an average construction cost of approximately $600,000 per unit, it would cost over $195 million (excluding land costs) to construct 325 new assisted units. Including land costs, the total cost to develop replacement units would be higher. (5) Cost Comparisons
The above analysis attempts to estimate the cost of preserving the at-risk units under various options.
These costs estimates are general estimates and are intended to demonstrate only the relative magnitude of funding required. Actual costs of preservation would depend on the individual circumstances of the at-risk property and market conditions at the time.
The transferring of ownership of the at-risk units to a non-profit housing organization is only an option for two of the projects. The annual costs of providing rental subsidies to preserve the 325 assisted units are $590,799; however, long-term provision of rental subsidies for at least 55 years would cost over $340 million. New construction of 325 replacement units has highest upfront costs ($48 million, excluding land costs) but the City can safeguard the quality and long-term affordability of these units. In evaluating the various options, the City must consider the available funding sources and the willingness of property owners to participate in preservation, among other factors. .
City of Salinas
2023-2031 Housing Element (November 2023) Page 80
4. Housing Constraints
4.1 Governmental Constraints
Governmental constraints are policies, standards, requirements, and actions imposed by the government which affect the development and provision of housing. These constraints may include building codes, land use controls, growth management measures, development fees, processing and permit procedures, and site improvement costs. State and federal agencies play a role in the imposition of governmental constraints; however, these agencies are beyond the influence of local government and are therefore not addressed in this analysis.
4.1.1 Transparency and Access
The City of Salinas is committed to serving its community and providing access to information and key documents. The City’s website, cityofsalinas.org, is the main repository of information for the public. The City updated the look and feel of its website in the Summer of 2023, while making it more user friendly.
Convenient features on the City’s main page include “Search for a service or page” for quick access to information, as well as a “Permits” button at the top of the main page. The “Your Government” dropdown menu directs users to the City’s planning and building divisions. As an example of the webpage’s usability, below are links to some of the key pages related to Housing and Building:
• Building: https://www.cityofsalinas.org/Residents/Permit-Center • Housing: https://www.cityofsalinas.org/Residents/Community/Housing-CommunityDevelopment • Planning: https://www.cityofsalinas.org/Your-Government/Find-a-Department/CommunityDevelopment/Current-Planning-Division • City Municipal Code: https://library.municode.com/ca/salinas/codes/code_of_ordinances • Zoning Code:
https://library.municode.com/ca/salinas/codes/code_of_ordinances?nodeId=PTIITHCO_CH 37ZO&searchText=#TOPTITLE
• Development Impact Fees: https://www.cityofsalinas.org/Your-Government/Find-aDepartment/Public-Works/Development-Engineering • Inclusionary Housing Requirements:
https://www.cityofsalinas.org/Residents/Community/Housing-CommunityDevelopment/Developer-Resources/Inclusionary-Housing The City website also includes a searchable repository of publicly available documents, Next Request, to provide easy access for the public.
4.1.2 SB 330 Compliance
Effective January 1, 2020, and through its expiration on January 1, 2025 SB 330 (Housing Crisis Act of 2019 – Government Code Section 65941.1) expands or amends State legislation, including the City of Salinas
2023-2031 Housing Element (November 2023) Page 81
Permit Streamlining Act and Housing Accountability Act, with the broad goals of facilitating increased production of new residential units, protecting existing units, and providing for an expedited review and approval process for housing development projects through submittal of a “preliminary application.”
The so-called “Builder’s Remedy” under the Housing Accountability Act (HAA) is disciplinary and applies when a local jurisdiction has not adopted a revised Housing Element in compliance with state law, in which case the local jurisdiction cannot deny a qualifying housing development project even if it is inconsistent with the general plan and zoning ordinance (subject to limited exceptions).
Submittal of a SB 330 preliminary application during the applicable period of Housing Element noncompliance vests the Builder’s Remedy.
The City of Salinas intends to adopt the 2023-2031 Housing Element before the December 2023 statutory deadline, thereby ensuring continued compliance.
4.1.3 Land Use Element
The Land Use Element of a General Plan designates the general distribution, location, and extent of uses for land planned for housing, business, industry, open space, and public or community facilities. As it applies to housing, the Land Use Element establishes a range of residential land use categories, specifies densities (typically expressed as dwelling units per acre [du/ac]), and suggests the types of housing appropriate in a community. Residential development is implemented through the zoning districts, use classifications, development regulations, and design standards specified in the jurisdiction’s zoning code.
The City’s Land Use Element designates over 6,200 acres of land for residential uses. In addition, mixeduse and residential uses are also allowed in the Commercial, Office, New Urbanism and Mixed-Use zoning districts.
A. Residential Densities
A number of factors, governmental and non-governmental, affect the supply and cost of housing in a local housing market. The governmental factor that most directly influences these market conditions is the allowable density range of residentially designated land. In general, higher densities allow developers to take advantage of economies of scale, reduce the per-unit cost of land and improvements, and reduce developments costs associated with new housing construction. Reasonable density standards ensure the opportunity for higher-density residential uses to be developed within a community, increasing the feasibility of producing affordable housing, and offer a variety of housing options that meet the needs of the community. Minimum required densities in multi-family zones (which include the Residential Medium-Density and Residential High-Density districts) ensure that land zoned for multi-family use, the supply of which is often limited, will be developed as efficiently as possible.
Table 43 summarizes the land use designations within the City that allow residential uses, as well as their permitted net densities (without density bonus). The City of Salinas provides a range of densities for single-family (6-8 du/ac without density bonus) and multi-family (9-24 du/ac without density bonus) housing development to accommodate a range of housing options. The Salinas General Plan land use designation also requires minimum densities to be provided as referenced in Table 43. In 2013, the City also amended its MX zoning district and Focused Growth Overlay district regulations to allow residential multi-family projects by-right that have a minimum net density of 30 du/ac to a maximum net density of City of Salinas
2023-2031 Housing Element (November 2023) Page 82
40 du/ac (without density bonus) for parcels 1 acre in size or larger in order to ensure adequate sites for higher density residential uses. It also included an amendment to allow developments on certain MX zoned lots located within 2,500 feet of the Intermodal Center to have up to a minimum net density of 80 units per acre (without density bonus) subject to the approval of a Conditional Use Permit. Higher densities of up to 80 dwelling units per acre are also allowed in the Central City Overlay district (Downtown Core Area).
The City is in the process of updating its General Plan. Visión Salinas 2040 is the first comprehensive update to the City of Salinas’ General Plan since 2002. Work on Visión Salinas 2040 began in 2021 and is planned to be a three-year process. A key element of Visión Salinas 2040 is the update to the City’s Land Use element, which is shifting away from strict use-based classifications to Place Types. Place Types Table 43: General Plan Land Use Designations Allowing Residential Designation Description Existing
Acreage1
Permitted
Density2
Minimum Maximum
Residential Low
Density
Single-family detached units, which may
include small-lot, single-family
developments.
3,992 6.0 du/ac 8.0 du//ac
Residential
Medium Density
Small-lot, single-family homes, town
homes, row houses, duplexes, most
mobile home parks, and multifamily units
such as condominiums.
1,414 9.0 du/ac 15.0 du/ac
Residential High
Density
Apartments, condominiums, row houses,
senior housing, and multifamily clusters. 827 16.0 du/ac
24.00 du/ac (without density
bonus)
Mixed Use Mixture of retail, office, and residential
uses in the same building, on the same
parcel, or in the same area to promote
pedestrian oriented uses and activity
centers.
231 N/A
Mixed Use: 1.25 FAR4
(1.0 FAR + 10 du/ac)
Residential developments:
max 24 du/acre without
density bonus3
Mixed Use
(Central City) 62 N/A
6.0 FAR (4.0 FAR + 80
du/ac)
3.0 FAR if office only use
60 du/ac if residential only
use4
Arterial
Frontage
Residential, commercial, small-scale nonnuisance industry. Highly mixed use land patterns. This designation is intended for
existing developed areas.
62 N/A
0.30 FAR
Dwelling units determined per
detailed plan
Source: City of Salinas General Plan, 2002.
du = dwelling units; ac = acre; FAR = floor area ratio
Notes:
1. These acreages do not include the annexation of the North of Boronda Future Growth Area in 2008.
2. Permitted density per net acre.
3. A minimum density of 30 units per acre is allowed in the Focused Growth (FG) Overlay Areas.
4. FAR of 8.0 may be allowed for receiving properties in the core of the downtown commercial area under a transfer of development rights program that may be adopted by the City.
City of Salinas
2023-2031 Housing Element (November 2023) Page 83
respond to a variety of community needs by emphasizing how uses come together to create a sense of place to maximize limited infill development opportunities. These Place Types will encourage more housing opportunities and a variety of units. Even the lowest density Place Type (Traditional Neighborhood) would encourage different kinds of single- and small-scale multi-family units (detached homes, small-lot homes, ADUs, duplexes, bungalow courts). See section 5.1.7 for a comparison of residential densities. The Place Types also encourage growth along transportation corridors to support walkable, transit-oriented development.
The draft Place Types and Place Type Map were developed from community feedback heard at seven (7) land use workshops held in 2021, Working Group and Steering Committee meetings. Draft Place Types incorporate land use policies and recommendations of recent strategic plans including the Alisal Vibrancy Plan and Economic Development Element. In general, residents and stakeholders wanted to see more housing and mixed-use development, sufficient area for businesses to grow, and a variety of entertainment and recreation for all ages. The Place Types have been positively received, and the City is moving forward with them in the General Plan update, including using them to determine buildout projections.
The City is committed to completing a draft of the General Plan Update by early 2024 with final adoption anticipated by the end of 2024. After the General Plan is adopted, the City will update its Zoning Code to implement these Place Types. The City looks forward to implementing the Place Types model following adoption of Visión Salinas 2040 and welcomes the opportunities for new housing that it will bring.
Although the Place Types will be included in the updated General Plan, the 2023-2031 Housing Element is based on the current land use designations.
City of Salinas
2023-2031 Housing Element (November 2023) Page 84
4.1.4 Zoning Code
The Zoning Code is the primary tool for implementing the General Plan Land Use Element. It is designed to protect and promote public health, safety and welfare, as well as to promote quality design and quality of life. The City of Salinas’ residential zoning districts control both the use and development standards of each residential lot or parcel, thereby influencing the development of housing.
Table 44 summarizes the permitted residential uses in the Residential and Mixed-Use districts. Residential zoning districts include five designations: R-L-5.5, R-M-3.6, R-M-2.9, R-H-2.1, and R-H-1.8. Singlefamily, detached units are allowed by right in all of the single-family residential zoning districts, except for R-H-2.1 and R-H-1.8 where a Conditional Use Permit for residential development is required.
Table 44: Primary Uses- Residential Zoning Districts
Zone Single Family
Detached Single Family Attached Multiple Family
R-L-5.5 P NP NP
R-M-3.6 P C NP
R-M-2.9 P S S
R-H-2.1 C S S
R-H-1.8 C S S
MAF NP C C
MX NP S S
P=Permitted by Right; C= Conditional Use Permit Required; NP=Not Permitted; “—“=Not listed for the zone
S=Site Plan Review Required (ministerial)
Source: City of Salinas Zoning Code, 2023
The multi-family residential zoning districts are R-M-2.9, R-H-2.1, and R-H-1.8. Multi-family dwellings are permitted with a Site Plan Review in all of the multi-family residential districts. A Site Plan Review provides a streamlined review process for verifying a project’s compliance with the Zoning Code’s development regulations, design standards, and use classifications. This administrative process also serves as assurance to landowners, business owners, and developers that proposed uses, structures, and site improvements comply with the provisions of the Zoning Code, before preparation of plans for a building permit.
To initiate the Site Plan Review Process (SPR), the applicant files a Development Review Application with the Community Development Department. The City Planner confirms that the proposed project/use is subject to SPR, not a discretionary/non-ministerial process as part of deeming an application complete.
If the application is deemed complete and that it complies with all relevant requirements, the City Planner must approve the application.
Single-family attached dwellings are permitted with a Site Plan Review in the R-M-2.9, R-H-2.1, and R-H1.8 zoning districts and require a Conditional Use Permit in the R-M-3.6 district.
The City of Salinas has established two mixed-use zoning districts: the Mixed Arterial Frontage (MAF) zoning district and the Mixed Use (MX) zoning district. Single-family detached housing units are not permitted in MAF or MX zoning districts. Attached single-family residential units are permitted with a Site Plan Review in the MX zoning district and with a Conditional Use Permit in the MAF zoning district.
City of Salinas
2023-2031 Housing Element (November 2023) Page 85
Multiple family units are permitted with a Site Plan Review in the MX zoning district and with a Conditional Use Permit in the MAF zoning district.
B. Variety of Housing Opportunity
The Zoning Code provides for a range of housing types, including single-family, multi-family, second dwelling units, mobile homes, licensed community care facilities, employee housing for seasonal or migrant workers as necessary, assisted living facilities, emergency shelters, supportive housing, transitional housing, and single room occupancy (SRO) units. Table 45 provides a summary of Salinas’ Zoning Code as it relates to ensuring a variety of housing opportunities.