DATE: SEPTEMBER 24, 2024
DEPARTMENT: PUBLIC WORKS DEPARTMENT
CITY ATTORNEY’S OFFICE
FROM: ADRIANA ROBLES, CITY ENGINEER
CHRISTOPHER A. CALLIHAN, CITY ATTORNEY
TITLE: PROPOSED LAND ACQUISITION FOR BORONDA ROAD IMPROVEMENT PROJECT RECOMMENDED MOTION:
A motion to authorize the Mayor to enter into an Agreement for Dedication of Boronda Road Right-of-Way.
EXECUTIVE SUMMARY:
Construction of Phase 1 of the Boronda Road Congestion Relief Project between McKinnon Street and El Dorado Drive is scheduled to begin in the fall of 2024. In order for Phase 1 to proceed as scheduled, the City must acquire a portion of privately-owned land on the north side of East Boronda Road. The owners of the land have offered to donate that portion required by the City to complete Phase 1. The proposed Agreement for Dedication of Boronda Road Right-of-Way memorializes the donation and the respective responsibilities for maintenance following the donation.
BACKGROUND:
East Boronda Road between San Juan Grade Road and Williams Road has been identified in the City’s General Plan as a six-lane major arterial roadway. As a part of the City’s approval of the West Area Specific Plan (WASP) and Central Area Specific Plan (CASP), the City contemplated the widening of East Boronda Road from two lanes to four lanes and in May 2017 the City approved the installation of roundabouts at the intersections of McKinnon Street, El Dorado Drive, Natividad Road, Independence Boulevard, and Hemingway Drive along the East Boronda Road corridor.
Consistent with this prior direction, the City has prepared Plans and Specifications for the phased improvement of East Boronda Road—the Boronda Road Congestion Relief Project. The first phase of these improvements will be between Darmouth Way to a point between McKinnon Street and El Dorado Drive with construction of this first phase scheduled to begin in the fall of 2024. In order for Phase 1 to proceed, however, the City must acquire approximately 6.65 acres of privately owned land on the north side of East Boronda Road. The owners of the land necessary for Phase 1 to proceed have offered to donate the land to the City and an agreement has been proposed to memorialize the donation and to provide for maintenance and responsibility of the land once donated. A copy of the proposed agreement is attached to this Report.
On September 4, 2024, the Planning Commission received a report and approved a Resolution establishing findings on the conformity of the proposed acquisition of the land with the City’s General Plan, as required by Government Code section 65402(a). The Planning Commission Resolution and draft minutes are attached to this Report.
CEQA CONSIDERATION:
The environmental impacts of the Boronda Road Congestion Relief project were analyzed in Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) in accordance with the California Environmental Quality Act (CEQA), which was adopted by the City Council on November 3, 2020. The environmental impacts of the WASP were analyzed in an environmental impact report in accordance with CEQA and a Final Environmental Impact Report was certified by the Salinas City Council on December 17, 2019.
CALIFORNIA GOVERNMENT CODE §84308 APPLIES:
Yes.
STRATEGIC PLAN INITIATIVE:
This action supports the City Council’s goal of Infrastructure and Environmental Sustainability.
DEPARTMENTAL COORDINATION:
The City Attorney’s Office, Community Development Department, and Public Works Department coordinated on this Report and proposed agreement.
FISCAL AND SUSTAINABILITY IMPACT:
Fund
Appropriation
Appropriation
Name
Total Appropriation
Amount for recommendation
FY 24-25 Operating Budget Page
Last Budget Action (Date, Resolution)*
N/A
N/A
N/A
TBD
TBD
N/A
N/A
The donation of land does not have an impact on the General Fund. Appraisal of the property will be completed at a later date at which time, it will be added to the City’s assets.
ATTACHMENTS:
Resolution
Proposed Agreement
Planning Commission Resolution and Draft Minutes, September 4, 2024
RESOLUTION NO. ________ (N.C.S.)
A RESOLUTION AUTHORIZING THE MAYOR OF SALINAS TO ENTER INTO THE AGREEMENT FOR DEDICATION OF BORONDA ROAD RIGHT-OF-WAY WHEREAS, on December 17, 2019, the Salinas City Council held a duly noticed and agendized public hearing to consider the Final Environmental Impact Report (FEIR), the proposed West Area Specific Plan, and related entitlements; and WHEREAS, by Resolutions approved and Ordinances adopted on December 17, 2019, herein incorporated by this reference, the Salinas City Council certified the Final EIR, adopted the CEQA Findings, adopted the Statement of Overriding Considerations, and adopted the Mitigation Monitoring and Reporting Program for the project and adopted the WASP, among other actions; and WHEREAS, on November 3, 2020, the Salinas City Council approved the Boronda Road Congestion Relief Project and allocated funding sufficient to complete Phase 1 thereof; and WHEREAS, the environmental impacts of the Boronda Road Congestion Relief project were analyzed in a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) in accordance with the California Environmental Quality Act (CEQA), which was adopted by the Salinas City Council on November 3, 2020; and WHEREAS, in order to complete Phase 1 of the Boronda Road Congestion Relief Project, the City must acquire approximately 6.65 acres of privately-owned property located on the north side of East Boronda Road; and WHEREAS, the owners of the land north of East Boronda Road and necessary for the completion of Phase 1 have offered to donate the required property to the City; and WHEREAS, on September 4, 2024, consistent with Government Code section 65402(a), the Salinas Planning Commission reviewed and considered the information provided in the report related to the proposed acquisition by donation and intended use on relation to the WASP and the 2002 General Plan and found that the proposed acquisition is in conformity to the General Plan.
NOW, THEREFORE BE IT RESOLVED by the City Council of Salinas that the Mayor is authorized, for and on behalf of the City of Salinas and as its act and deed, to enter into the Agreement for Dedication of Boronda Road Right-of-Way; and BE IT FURTHER RESOLVED that the City Manager, and his designees, and the City Attorney are hereby authorized to take additional actions to implement the intent of this Resolution.
PASSED AND APPROVED this 24th day of September 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
APPROVED:
____________________________________
Kimbley Crag, Mayor
ATTEST:
__________________________________
Patricia M. Barajas, City Clerk
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