Soledad City Council
October 23, 2024

I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. ADDITIONS/MODIFICATIONS TO THE AGENDA
V. PUBLC COMMENT

CITY OF SOLEDAD

JOINT CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AND SUCCESSOR

HOUSING AGENCY SPECIAL MEETING AGENDA
WEDNESDAY, OCTOBER 23, 2024

CITY HALL, COUNCIL CHAMBERS
6:00 PM
The public meeting will open at 6:00 p.m. and, after taking public comment for closed session items, the Council will immediately recess to closed session.
https://cityofsoledad.zoom.us/j/83992360958
Or Call
1-669-900-6833 and use Meeting ID: 839 9236 0958
Welcome to your City of Soledad City Council/Successor Agency Meeting. Your City Councilmembers/Agencymembers are:

Mayor Anna Velazquez
Mayor Pro Tem Maria Corralejo
Councilmember Fernando Cabrera
Councilmember Fernando Ansaldo-Sanchez
Councilmember Evarista Banuelos
Items of business may be added to the agenda upon a motion adopted by a minimum 2/3 vote finding that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the agenda being posted. Items may be deleted from the agenda upon request of staff or upon action of the Council.

At this time any member of the public may address the City Council on items not appearing on the agenda and items of interest to the public that are within the jurisdiction of the Council. A public comment card should be filled out completely to ensure the speaker is called upon to give 1 1
VI. COUNCIL PRESENTATIONS

1. Community Engagement Manager Jesus Valenzuela and Tri-Cities Disposal & Recycling Special Projects Consultant Maury Treleven will give a brief presentation regarding the citywide garage sale and citywide clean up events

2. A Certificate of Appreciation will be presented to the Soledad High School NJROTC (Navy Junior Reserve Officers Training Corps) for their support and hard work in the City of Soledad/Tri-Cities Disposal & Recycling event on September 21, 2024 VII. CONSENT

1. Minutes

2. Warrants

3. Accept by Minute Motion an Update on the Emergency Declaration Regarding the City's Water System From the July 31, 2024, Soledad City Council Meeting

4. Approve by Minute Motion an Increase to the Jarvis Fay LLP Litigation Rates VIII. PUBLIC HEARING

1. Public Hearing for Resolution No. 6166, A Resolution of the City Council of the City of Soledad Approving the Submittal of the Community Development Block Grant (CDBG) Application under the 2024 Funding Cycle
comment. Public comments are generally limited to three (3) minutes; the mayor may further limit the time for public comments depending on the agenda schedule. Please be brief and to the point.

No action or discussion shall be taken on an item not appearing on the agenda.

Attachments:

Staff Report
2024 Soledad Fall Community Cleanup Slideshow
IDLATF Newsletter
Attachments:

Staff Report
Attachments:

Staff Report
Minutes of 10-02-2024
Attachments:

Staff Report
055655 - 055752
Attachments:

Staff Report
Attachments:

Staff Report
2 2
Receive the Staff Report
Open the Public Hearing
Close the Public Hearing
Council Action
IX. BUSINESS

1. Resolution No. 6165, A Resolution of the City Council of the City of Soledad Approving and Authorizing the City Manager to Execute an Affordable Housing Agreement Between the City of Soledad and Soledad Unified School District for the Workforce Housing Project Located at 500 Monterey Street

2. Presentation on the Fire Aerial Apparatus Bay Project

3. Resolution No. 6167, A Resolution of the City Council of the City of Soledad Approving and Authorizing the City Manager to Execute a Memorandum of Understanding with the Soledad Unified School District for the Sale, Purchase and Delivery of Recycled Water X. MAYOR'S REPORTS AND ACKNOWLEDGEMENTS
XI. COUNCILMEMBERS' REPORTS AND ACKNOWLEDGEMENTS
XII. CITY MANAGER'S REPORT
XIII. FUTURE AGENDA ITEMS
Attachments:

Staff Report
Resolution No. 6166
Public Hearing Notice
Proof of Publication
Attachments:

Staff Report
Resolution No. 6165
Exhibit A
COUNCIL ACTION: ________________________________
Attachments:

Staff Report
Fire App Bay Presentation
COUNCIL ACTION: ________________________________
Attachments:

Staff Report
Resolution No. 6167
Exhibit A
COUNCIL ACTION: ________________________________
3 3
XIV. ADJOURNMENT
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact Deputy City Clerk Darlene Noriega at (831) 223-5014. Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (RCRF 35.102-35.104).
“Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 248 Main Street, Soledad, California during normal business hours.”
En caso que usted necesite ayuda en leer o en entender este aviso de Junta Publica, usted puede ponerse en contacto con la oficina del Edificio Municipal en 248 Calle Main o llamar al número (831) 223-5014, y el aviso será traducido para usted.

Advanced submittal of public comments via email are due by 2:00 P.M. on the day of the scheduled meeting to the Deputy City Clerk at [email protected] Comments are limited to 250 words or less and effort will be made to read your comment into the record, but some comments may not be read due to time limitations. The City Clerk will read email comments, provided that the reading shall not exceed three (3) minutes. The email comments submitted shall become part of the record.

Comentarios públicos por correo electrónico deben realizarse no más tarde de las 2:00 p.m. el día de la reunión programada y deben ser enviados al Secretario de la Ciudad a [email protected]. Los comentarios son limitados a 250 palabras o menos y se hará un esfuerzo para leer su comentario en el registro, pero es posible que algunos comentarios no se lean debido a limitaciones de tiempo. El Secretario de la Ciudad leerá los comentarios por correo electrónico, siempre que la lectura no exceda los tres (3) minutos. Los comentarios enviados por correo electrónico pasarán a formar parte del registro.
4 4
10/18/2024

CERTIFICATION
I, Megan Hunter, City Clerk of the City of Soledad, do hereby certify that a copy of the foregoing Joint City Council/Successor Agency Special Meeting Agenda was posted at City Hall by Friday, October 18, 2024, at 5:00 p.m.

Megan Hunter, City Clerk/Manager
5 SUBJECT: Community Engagement Manager Jesus Valenzuela and Tri-Cities Disposal & Recycling Special Projects Consultant Maury Treleven will give a brief presentation regarding the citywide garage sale and citywide clean up events TO: Honorable Mayor Velazquez and City Council
FROM: Jesus Valenzuela, Community Engagement

COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager

MEETING
DATE: October 23, 2024
AGENDA ITEM NO. 1.
6 CLEAN & GREEN

KEEPING THE COMMUNITY
7 GARAGE SALES & CLEANUP

EVENTS--WHY WE DO IT
• Prevents illegal dumping
• Clears the clutter
• Prevents waste & encourages reuse
• Diverts recyclables from the landfill
• Legal & safe management of HHW
• Demonstrates source separation & recycling
• Prevents stormwater contamination
• Outreach & education opportunity
8 SEPTEMBER 14 & 15, 2024
REUSE:
(TBD) GARAGE SALES!
9 REUSE, RECYCLE &

CLEANUP DAY EVENT
• GENERAL GARBAGE
• MATTRESSES
• PLASTICS
• E-WASTE & ELECTRONICS
• METAL & STEEL
• REFRIGERATORS/FRZR
• APPLIANCES
• WATER HEATERS
SATURDAY, SEPTEMBER 21
• SMALL ENGINES
• HOUSEHOLD HAZ WASTE
• SHARPS EXCHANGE
• OIL FILTER VOUCHERS
• CLOTHING DONATIONS
• TAKE IT OR LEAVE IT AREA
• FREE COMPOST!
10 EVENT DATA
250 VEHICLES SERVICED (50 LOADS/HR)
28 TONS/582 CUBIC YARDS COLLECTED
17 TONS RECYCLED & DONATED
63% DIVERSION RATE!
10 TONS FREE TRASH DISPOSAL
12 CUBIC YARDS CLOTHING & HOUSEHOLD
(DIVERTED TO SCAR FUNDRAISER)
25 CUBIC YARDS FREE COMPOST
11 SAFE DISPOSAL
1,252 LBS

HOUSEHOLD HAZARDOUS WASTE
12 COMMUNITY

SERVICE

SOLEDAD HIGH SCHOOL
NJROTC 95 HOURS OF SERVICE
$500 DONATION 13
CAN’T MAKE THE EVENTS?

ABOP DROP-OFF

LOCATIONS IN

GONZALES & JOLON

FULL HHW IN SALINAS

ALWAYS FREE AT THE

LANDFILL & TRANSFER

STATIONS

FREE CURBSIDE BULKY

ITEM COLLECTION SERVICE
BY APPOINTMENT 14

THANK YOU TO
OUR PARTNERS!
QUESTIONS?

SOLEDAD HS
NJROTC
15 Chair: Maria Ferdin, Monterey
County Health Department
Co-Chairs: Mandy Brooks and
Janna Faulk, Salinas Valley Solid
Waste Authority

ILLEGAL DUMPING &

LITTER ABATEMENT TASK

FORCE NEWSLETTER
Monterey County’s Pilot Surveillance Program to fight illegal dumping began September 16th with the installation of two of six cameras.

The cameras were installed with the assistance of Monterey County Public Works and located within the right of way at known hotspot locations. Owners of vehicles identified in illegal dumping will be, at a minimum, subject to an administrative citation that includes $2,500 for first violation, $5,000 for second violation, and $10,000 for the third violation (MCC 10.41.040).

The Pilot Surveillance Program was born out of Monterey County’s Illegal Dumping and Litter Abatement Task Force as a necessary component of the 3E’s – Educate the public against illegal dumping, Enforce laws against illegal dumping, Eradicate illegal dump sites when they are identified to reduce illegal dumping; the cameras will support the enforcement part against illegal dumping. The cameras were purchased by Monterey County Environmental Health Bureau and are under the Bureau’s administration.

PILOT SURVEILLANCE PROGRAM
SEPTEMBER 2024 VOL . 5, ISSUE 2

IDLATF LEADERSHIP
16 IDLATF QUARTERLY LITTER CLEANUP
HUGE thank you to our volunteers from Salinas Valley Recycles, Tri-Cities Disposal & Recycling, Waste Management, ReGen Monterey, Republic Services, Monterey County Environmental Health, and more!
DON’T LET ILLEGAL DUMPING HAUNT OUR ROADS
One of the most common items that are dumped illegally along roadways and open spaces are mattresses. Over 50,000 are discarded in the U.S. EVERY DAY! Did you know that you can dispose of up to TEN mattresses for FREE at ReGen Monterey or Salinas Valley Recycles?
What’s more, all retailers that deliver a new mattress to a consumer must offer to pick up your used one for FREE.

Learn more at byebyemattress.com.

Also check out the illegal dumping PSA from Salinas Valley Recycles! On Thursday, September 12th, the IDLATF conducted its quarterly litter cleanup in the Moss Landing area.

Efforts were mainly focused in the beach parking lot and walking path just down the street from the Harbor District’s parking lot. Collected material consisted of small litter and bottles.
17 Tri-Cities Disposal & Recycling has continued to host their “Reuse, Recycling & Cleanup Days” in the cities of Greenfield, Soledad, and Gonzales. Here are some
highlights:

April 20, 2024 - Greenfield
The last event sponsored by CalTrans “Clean
California” program
Serviced 150 vehicles
The first event with CalRecycle grant-funded
compost giveaway - almost all 15 cubic yards were
taken!
A 44% diversion rate!

THANK YOU TO TRI-CITIES
DISPOSAL & RECYCLING!
May 18, 2024 - Soledad
Serviced 277 vehicles!
All 25 cubic yards of compost were taken
by residents
Soledad High School NJROTC provided
80 hours of community service
A 53% diversion rate!
June 29, 2024 - Gonzales
Serviced 155 vehicles
Vouchers for refrigerator and freezer
disposal at Johnson Canyon Landfill were
provided to residents
Monterey County Environmental Health
coordinated a CalRecycle grant-funded
oil filter exchange
Gonzales High School cross country &
track teams provided 70 volunteer hours
We don’t have to live like this.

Seeing scattered trash along business districts shouldn’t be normal. Let’s normalize clean business fronts, because our small business owners and taxpayers should not bear the responsibility of other’s misplaced trash.

Help keep our community clean by disposing of waste
correctly and reporting litter & illegal dumping to
KeepMontereyCountyClean.Org
18 WASTE MANAGEMENT - services unincorporated Monterey
County
November 2, 2024 – 625 Division St, King City
November 9, 2024 – 499 Salinas Rd, Pajaro
TRI-CITIES DISPOSAL & RECYCLING - services Gonzales,
Soledad, Greenfield
September 21, 2024 - 425 Gabilan Dr., Soledad
October 19, 2024 - 401 4th St., Gonzales
REPUBLIC SERVICES - services Salinas
October 12, 2024 - District 4
November 2, 2024 - District 6

UPCOMING COMMUNITY

CLEANUP EVENTS
Monterey County
has a Disposal
Voucher Program...?
Q: What has four
wheels and flies?
A: A garbage truck!
WANNA HEAR A JOKE?
The Disposal Voucher
Program authorizes free
disposal of materials
collected and transported to
ReGen Monterey (Salinas),
Johnson Canyon Landfill
(Gonzales), or Jolon Rd.

Transfer Station (King City).

Vouchers can only be used
for the following purposes:

Community cleanup
events of public spaces
Victims of illegal dumping
Last year, the disposal
voucher program issued a
total of 31 vouchers that
helped clean up over 6 tons
of waste in the community!
19 SUBJECT: A Certificate of Appreciation will be presented to the Soledad High School NJROTC (Navy Junior Reserve Officers Training Corps) for their support and hard work in the City of Soledad/Tri-Cities Disposal & Recycling event on September 21, 2024
TO: Honorable Mayor Velazquez and City Council
FROM: Jesus Valenzuela, Community Engagement Manager

COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager

MEETING
DATE: October 23, 2024
AGENDA ITEM NO. 2.
20 SUBJECT: Minutes
TO: Honorable Mayor Velazquez and City Council
FROM: Darlene Noriega, Deputy City Clerk

COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager

MEETING
DATE: October 23, 2024
AGENDA ITEM NO. 1.
21 Minutes
City of Soledad
Joint City Council/Successor Agency/Housing Authority/Successor Housing Agency/ Regular Meeting
October 02, 2024

CALL TO ORDER
Mayor Velazquez Called the Joint City Council/ Successor Agency/ Housing Authority/ Successor Housing Agency/ Regular Meeting to order at 6:08 p.m.

ROLL CALL
The Following Councilmembers/Agency members were present when the meeting was called to order:

Mayor/Chair Anna M. Velazquez
Mayor Pro Tem/Vice Chair Maria Corralejo
Councilmember/Agency Member Fernando Cabrera
Councilmember/Agency Member Evarista Bañuelos

THE FOLLOWING COUNCILMEMBER WAS ABSENT
Councilmember/Agency Member Fernando Ansaldo-Sánchez

ADDITIONS/MODIFICATIONS TO THE AGENDA
City Attorney Mike Rodriquez requested the following modification to be made to the Closed Session portion of the agenda:
 Closed Session item of the City Council will recess to closed session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party: Villagas v. City of Soledad, et al.

Motion: Councilmember Banuelos made motion to approve the requested modification. Motion was seconded by Mayor Velazquez and carried by the following vote:

Action
Ayes: Bañuelos, Velazquez, Cabrera, Corralejo
Noes: None
Abstain: None

Absent: Ansaldo-Sánchez

PUBLIC COMMENT ON CLOSED SESSION ITEMS
None
22 City of Soledad City Council/Successor Agency Regular Meeting Minutes of October 02, 2024.

CLOSED SESSION

1. The City Council will recess to closed session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party: Lepper v. City of Soledad, et al.

2. The City Council will recess to closed session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party: Villagas v. City of Soledad, et al.

MEETING RECESS TO CLOSED SESSION
Mayor Velazquez recessed to closed session at 6:13 p.m.

MEETING RECONVIENED FROM CLOSED SESSION
Mayor Velazquez reconvened the meeting at 6:37 p.m.

CLOSED SESSION REPORTS
City Attorney Mike Rodriquez reported with respect to item no. 1, The city council conferred with Legal Counsel and provided direction. No other reportable actions taken.

City Attorney Mike Rodriquez reported with respect to item no. 2, The city council conferred with Legal Counsel and provided direction. No other reportable actions taken.

PLEDGE OF ALLIGIANCE
Eric Mora led the Pledge of Allegiance

ADDITIONS/MODIFICATIONS TO THE AGENDA
City Manager Hunter requested two modifications to be made to the agenda:

1. Proclamation Item No. 2 listed on the agenda was a proclamation given at the 09/04/2024 Regular City Council meeting. This item will be removed from the current agenda.

2. Proclamation Item No. 4 listed on the agenda should be listed on the agenda as A proclamation of the City of Soledad Proclaiming the month of October 2024 as LGBTQ+ History Month.

Mayor Velazquez requested one modification to be made to the agenda:

1. Mayor Velazquez would like Proclamation Item No. 4 to be presented before item No’s. 1 and 3. 23 City of Soledad City Council/Successor Agency Regular Meeting Minutes of October 02, 2024.

PUBLIC COMMENT
Soledad Police Chief Wasson gave praise and recognition to Soledad Police Sergeant Brian Solis and Soledad Police Officer Mustafa Yasin for their heroic rescue efforts and bravery during a vehicle injury accident outside of Soledad that took place on Sunday, March 10, 2024. This event was submitted to the Monterey County Peace Officers Association and both officers were awarded the Life Saving award and the Distinguished Service award by the County of Monterey and the Police Officers Association.

PRESENTATIONS

4. A Proclamation of the City council of the City of Soledad Proclaiming the month of October 2024 as LGBTQ+ History Month was presented to Salinas Valley Pride President Eric Mora and Epi Center Deputy Director Sam Gomez.

1. A Proclamation of the City Council of the City of Soledad Proclaiming October 2024 as National Breast Cancer Awareness Month was presented to Soledad Community Health Care District CEO Ida Lopez Chan and Registered Radiologist Heather Guzman, and Licensed Vocation Nurse Jovanna Velazquez.

2. A Proclamation of the City Council of the City of Soledad Proclaiming October 2024 as Domestic Violence Awareness Month and presented to Lideres Campesinas.

Councilmembers had numerous praises and comments for the represented groups and took a photo with each group.

CONSENT CALENDAR
There were no public comments.

Councilmember Cabrera requested to have separate comment for item no. C-4.

Mayor Pro Tem Corralejo requested to have separate discussion for item no. C-10.

Councilmember Banuelos requested to have separate comment for item no. C-11.

Mayor Velazquez requested to have separate discussion regarding item numbers C-3, C-5, C-7, and C-10.

Motion: Mayor Pro Tem Corralejo made motion to approve items C-1, C-2, C-6, C-8, C-9, and C-12. Motion was seconded by Councilmember Cabrera and carried by the following vote:

Action
Ayes: Mayor Pro Tem Corralejo, Cabrera, Banuelos, Velazquez Noes: None
Abstain: None

Absent: Ansaldo-Sanchez
24 City of Soledad City Council/Successor Agency Regular Meeting Minutes of October 02, 2024.

C-1. Minutes of 09-18-2024
C-2. Warrants 055420 – 055645
C-6. Human Resources Activity Report
C-8. Community & Economic Development Department Activity Report.

C-9. Fire Department Activity Report
C-12. Resolution No. 6162, A Resolution of the City Council of the City of Soledad Approving an Increase to the Budget Limit of $4,000 for the Sidewalk Repair/Replacement Cost Share Program Motion: Councilmember Cabrera made motion to approve items C-3, C-4, C-5, C-7, C-10, and C-11. Motion was seconded by Councilmember Banuelos and carried by the following vote:

Action
Ayes: Cabrera, Banuelos, Corralejo, Velazquez
Noes: None
Abstain: None

Absent: Ansaldo Sanchez
C-3. Accept by Minute Motion an Update on the Emergency Declaration Regarding the City's Water System from the July 31, 2024, Soledad City Council Meeting.

Public Works Director Don Wilcox presented the staff report and update regarding the item.

C-4. Public Works Department Activity Report
Councilmember Cabrera gave praise to the Public Works Department taff C-5. Parks and Recreation Activity Report
Mayor Velazquez gave praise to the Parks and Recreation Department staff.

C-7. Office of Community Engagement Activity Report
Mayor Velazquez would like an update regarding the Community Garage Sale participation, the Community wide Clean-up, garbage collected at the Community clean-up, how much was recycled, and how much was diverted from the landfill. She would also like to recognize the Soledad High School NJROTC for their efforts in the clean-up event.

C-10. Police Department Activity Report
Mayor Pro Tem Corralejo would like the number of DUI’s added to the Police Department Activity report.

She would also like a report of the results from the Minor Decoy Program.

Mayor Velazquez asked if the police department could bring information regarding awareness and resources to the public regarding domestic violence and robberies.

C-11. City Hall Holiday Office Closure from Christmas Eve through New Year’s Day.

City Manager Hunter clarified the information for the item. 25 City of Soledad City Council/Successor Agency Regular Meeting Minutes of October 02, 2024.

PUBLIC HEARING NO. 1

1. Public Hearing for Resolution No. 6164, A Resolution of the City Council of the City of Soledad Approving the Revised Homebuyer Assistance Program and Economic Development Business Assistant Loan Program Guidelines.

Economic Development Coordinator Tencia Vargas presented the Economic Development Business Assistant Loan Program portion of the item.

Housing Analyst Beatriz Truillo presented the revised Homebuyer Assistance Program portion of the item.

Both CDBG Consultants Angel Johnstone and Susan Long were available via Zoom.

Open the Public Hearing: 8:02 p.m.

There were no public comments.

Close the Public Hearing: 8:03 p.m.

Councilmembers had numerous questions and concerns.

Councilmember Cabrera asked that the Economic Development hold the “Cafecito” morning meetings in two separate groups, one in English and a separate one in Spanish.

CDBG Consultant Angel Johnstone explained further details regarding the item.

Mayor Velazquez would like the Economic Development Department to advertise the program in additional ways, other than social media.

Motion: Councilmember Banuelos made motion to approve Resolution No. 6164. Motion was seconded by Mayor Pro Tem Corralejo and carried by the following vote:

Action
Ayes: Banuelos, Corralejo, Cabrera, Velazquez
Noes: None
Abstain: None

Absent: Ansaldo-Sanchez

BUSINESS

1. Resolution No. 6163, A Resolution of the City Council of the City of Soledad Approving the Reorganization of the Public Works Department Wastewater Facility Operations Staff.

Public Works Director Don Wilcox presented the staff report.

City Manager Hunter explained further details regarding the position needed.

There were no public comments.

Councilmembers had numerous questions regarding the item and the needed budget for the position. 26 City of Soledad City Council/Successor Agency Regular Meeting Minutes of October 02, 2024.

Finance Director Mike Howard was present in the meeting via Zoom and clarified details regarding the cost for the position, which is included in the FY 24/25 budget.

Motion: Councilmember Cabrera made motion to approve Resolution No. 6163. Motion was seconded by Councilmember Banuelos and carried by the following vote:

Action
Ayes: Cabrera, Banuelos, Corralejo, Velazquez
Noes: None
Abstain: None

Absent: Ansaldo-Sanchez
MAYOR’S ANNOUNCEMENTS AND REPORTS

1. She attended the Coalition of Homeless Service Providers special meeting.

2. On 09/21 She participated in a tour of the City’s facilities.

3. She attended a press conference with Assemblymember Addis regarding AB 3233.

4. On 09/17 she attended the Community & Economic Development open house.

COUNCILMEMBERS’ ACKNOWLEDGEMENTS AND REPORTS
Mayor Pro Tem Corralejo had 4 items to report:

1. On 09/26 she attended a meeting with Claudia Enriquez from El Pajaro CDC Regional Women’s Business Center.

2. On 09/28 she attended the grand opening of Taquitos Hernandez on Front Street.

3. She has continued to work with the Spookfest Committee.

4. On 09/17 she attended the Community & Economic Development open house.

Councilmember Bañuelos had 9 items to report:

1. On 09/17 she attended the Community & Economic Development open house.

2. On 09/19 she attended the SVSWA meeting in Gonzales.

3. On 09/21 she toured the City’s facilities.

4. On 09/24 she attended Word Works, which is an outreach program for women.

5. On 09/25 she attended the Salinas Veterans Day Committee.

6. On 09/27 – 09/29 she attended a Women’s Retreat with Liberty Chapel Church.

7. On 09/30 she attended a tour of Wonder Wood Ranch in Salinas with Executive Director/President Marlo Schalesky, and City of Soledad Parks and Recreation Director Jessica Potts, and Recreation Supervisor Priscilia Rodriguez.

8. On 10/01 she participated in a phone briefing with City Manager Hunter to review the current agenda.

9. On 10/01 she attended Coffee with a Cop.

Councilmember Cabrera had 3 items to report:

1. He attended a tour of the City’s facilities.

2. 09/25 he attended the TAMC meeting.

3. On 10/01 he participated in a phone briefing with City Manager Hunter to review the current agenda. 27 City of Soledad City Council/Successor Agency Regular Meeting Minutes of October 02, 2024.

CITY MANAGERS’ REPORT
City Manager Hunter reported 6 items:

1. She thanked the council for supporting her education and allowing her to attend the ICMA Conference.

2. The City has applied for a grant for the Reconnecting Communities Pilot Program.

3. The General Plan Workshop will be taking place on 10/03.

4. On 10/05 the Superhero’s event at Orchard Lane Park.

5. The cooling facility will be open Saturday and Sunday. Staff will continue to monitor the weather.

6. The murals have started to be painted at Cesar Chavez Park.

FUTURE AGENDA ITEMS
Councilmember Cabrera did not request any future agenda items.

Mayor Pro Tem Corralejo requested 1 future agenda item:

1. She is concerned about the Emergency Response System. Residents have contacted her regarding the system being confusing; she would like to know if anything can be done to simplify the process of calling 911 and the non-emergency response operator.

Councilmember Banuelos did not request any future agenda items.

Mayor Velazquez requested 4 future agenda items and 2 announcements:

1. She would like an update on the City’s mini grant program.

2. She has recently learned that PG&E is not accepting all the energy generated through the wind turbine; she would like a presentation from PG&E regarding why this is, and what is a solution.

3. She would like staff to give report on what trainings and conferences they attend, and what discussion items were included in the trainings/workshops. She would like these reports to be added to the Department Activity Reports section.

4. She would like an update regarding the Encampment Resolution Funding Program.

5. She announced that a meeting will be held in Soledad on 10/10 with Senator John Laird. The meeting will be at City Hall in Council Chambers.

6. She thanked Community Engagement Manager Jesus Valenzuela for arranging the visit for Leadership Monterey County on Friday, 09/27. She also thanked all the Directors and staff members who provided updates to the group.

ADJOURNMENT
Meeting adjourned at 9:26 p.m.

Minutes Approved: October 23, 2024
_______________________________________
ANNA M. VELAZQUEZ, Mayor/Chair
________________________________________
MEGAN HUNTER, City Manager
28 SUBJECT: Warrants
TO: Honorable Mayor Velazquez and City Council
FROM: Mike Howard, Finance Director

COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager

MEETING
DATE: October 23, 2024
AGENDA ITEM NO. 2.
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
SUBJECT: Accept by Minute Motion an Update on the Emergency Declaration Regarding the City's Water System From the July 31, 2024, Soledad City Council Meeting
TO: Honorable Mayor Velazquez and City Council
FROM: Donald Wilcox, Public Works Director
MEETING DATE: October 23, 2024

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 3.

Recommendation
It is recommended that the City Council receive an update on the Emergency Declaration regarding the City's Water System from the July 31, 2024 Soledad City Council Meeting.

Executive Summary
On Tuesday, July 30, 2024, Well No. 11, one of Soledad’s highest-producing and the only submersible potable water well, was found to be out of service, and the main components, the pump and motor, needed to be replaced. Time was of the essence due to this being our highest water usage season, and another well was also down, so Soledad City Council held a Special Meeting on Wednesday, July 31, 2024, and issued a declaration of an emergency to relieve the City of formal bidding requirements to enable expeditious repairs to Well No. 11, and authorized the City Manager to spend an amount not to exceed $120,000 for equipment and services to get Well No. 11 back in service. A new pump and motor totaling $88,470 were ordered on August 27, 2024, and the motor has arrived, but the new pump has not yet been received. The estimated arrival date for the pump is between November and 19- December 3, as pumps are custom-made to fit the good depth, aquifer, motor, system pressure, etc., which takes time.

Background
On Tuesday, July 30, 2024, Well No. 11, Soledad’s highest producing well, was found to be out of service. This happened while Well No. 10 was down for scheduled maintenance and Well No. 6 was down due to vibration. This created a situation where the water reservoirs could not be kept full as necessary for adequate water storage as needed in case of emergency. Soledad City Council held a special meeting on July 31, 2024, in order to declare an emergency so that repairs to Well No. 11 could be performed without delay.

Since then, Well No. 10 was placed back in full service and Well No. 6 was placed back in limited 47 service, which enables Operators to keep all four of the City’s 1 MG reservoirs full of water. The old pump/motor was shipped to a company in Texas that can evaluate it towards being rebuilt to be used as a spare, but we have not yet received an estimated cost or schedule.

Review & Analysis
A new pump and motor totaling $88,470 were ordered on August 27, 2024. The new motor has arrived but the estimated arrival date for the pump is between November 19th to December 3rd as pumps are custom made to fit the well depth, aquifer, motor, system pressure, etc., which takes time.

Well, No.11 remains out of service. However, our other four wells are keeping the reservoirs full, and we are approaching the end of the peak water system demands. Out of an abundance of caution, staff is recommending that we maintain emergency status through November 6th in case we encounter additional or renewed well problems or water demands prior to the end of the peak demand season.

Financial Considerations
On July 31, 2024, Soledad City Council authorized repairs to Well No. 11 as necessary and up to $120,000, to be funded by the Water Operations Fund #309 – Reserves. A new pump and motor totaling $88,470 were ordered on August 27, 2024, and the motor has arrived, but the new pump has not yet been received.

Alternatives
Alternative 1 – Proceed as recommended
Provide Staff with alternate direction
Planning/CEQA
The proposed repair work does not require analysis under the California Environmental Quality Act (CEQA), based on 14 California Code of Regulations Section 15301, which provides that repair and maintenance of existing public facilities and mechanical equipment that does not entail expansion of a former use is exempt from CEQA.

Public Notice Requirements
None required.
48 SUBJECT: Approve by Minute Motion an Increase to the Jarvis Fay LLP Litigation Rates
TO: Honorable Mayor Velazquez and City Council
FROM: Megan Hunter, City Manager
MEETING DATE: October 23, 2024

CITY OF SOLEDAD

STAFF REPORT
THROUGH:

AGENDA ITEM NO. 4.

Recommendation
It is recommended that City Council approve by minute motion an increase to the Jarvis Fay LLP litigation rates from $200 to $245 effective immediately.

Executive Summary
Jarvis Fay LLP (“Jarvis Fay”) is seeking an increase to the hourly rate for litigation services from $200 to $245. This is the first increase to the litigation rate since 2011. The requested increase is necessary in order to keep pace with compensation provided to attorneys providing specialized litigation services.

No other changes to the Jarvis Fay rates are being proposed at this time. The Council may approve the proposed rate increase by minute motion.

Background
Jarvis Fay has been the City’s legal services provider since 2011, with Mike Rodriquez designated as the City Attorney. Prior to this time, the City contracted for legal services with Meyers Nave with Rodriquez serving in the same role. Jarvis Fay currently charges in accordance with a fee schedule with varying rates:

General Counsel Services $180 per hour
Special Legal Services $190 per hour
Litigation $200 per hour
Cost Recovery $265 per hour (charged primarily to developers) The litigation rate has remained the same since 2011, although a change to the general counsel rate was approved in 2015 (from $165 to $180).

Review & Analysis
A recent need for legal services under the Jarvis Fay contract raised the issue that the hourly rate for 49 litigation services is significantly below the standard Jarvis Fay litigation rate used for other public entities. As such, Jarvis Fay is requesting a new litigation rate of $245 per hour. This rate remains competitive with rates being charged in some neighboring cities. For example, King City’s contract attorneys charge a litigation rate of $266 per hour. The $245 rate is also significantly less than the hourly rate the City pays to outside counsel for complex litigation matters, set at $310 per hour. Even a conservative 3% CPI annual increase to the rate, which is often built into the contracts of other City consultants, would have resulted in a higher litigation rate than the requested $245 rate.

As a practical matter, the City has not had to use Jarvis Fay’s litigation services very often over the last 13 years, with most litigation matters being covered by attorneys assigned from MBASIA. The majority of the legal work provided to the City falls under the general counsel service rate of $180.

Because this request is coming out of the regular budget cycle, the litigation rate is currently the only rate that is being proposed for an increase. If the Council determines that the proposed rate is acceptable it my be approved by minute motion.

Financial Considerations
It is anticipated that the proposed litigation rate increase will have little to no impact on the legal services budget. In FY 2023/2024, the budget for legal services was set at $185,000 and came in below budget at $163,000.

Alternatives
Approve the requested fee increase.

Do not approve the requested fee increase and provide direction.

Planning/CEQA
Action on the proposed rate increase for litigation services is exempt from the California Environmental Quality Act, based on 14 California Code of Regulations Section 150601(b)(3), since it can be seen with certainty that rate setting for consultant services will not result in any significant effect on the environment.

Public Notice Requirements
Not required.
50 SUBJECT: Public Hearing for Resolution No. 6166, A Resolution of the City Council of the City of Soledad Approving the Submittal of the Community Development Block Grant (CDBG) Application under the 2024 Funding Cycle
Receive the Staff Report
Open the Public Hearing
Close the Public Hearing
Council Action
TO: Honorable Mayor Velazquez and City Council
FROM: Kao Nou, Community and Economic Development Director; Tencia Vargas, Economic Development Coordinator; Beatriz Trujillo, Housing Analyst
MEETING DATE: October 23, 2024

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 1.

Recommendation
It is recommended that the City Council of the City of Soledad hold a Public Hearing to gather community input and provide direction to staff on the submittal of grant applications for Community Development Block Grant (CDBG) funding under the 2024 Notice of Funding Availability (NOFA) for up to $3.6 million.

Executive Summary
The City of Soledad is seeking financial support from the California Department of Housing and Community Development (HCD) via a noncompetitive grant under the 2024 CDBG NOFA, which opens on October 29, 2024. The City has prepared two applications for funding: 1) Public Facility Upgrades for the Community Center; and 2) New Homebuyer Assistance Program.

Background
The City held a public hearing on August 11, 2024, to announce the anticipated opportunity to apply for funding under the State 2024 CDBG program Notices of Funding Availability (NOFA’s) are expected to be released August 30, 2024. At that time, staff proposed submitting applications for a new Homebuyer Assistance Program, and public facility improvements to the Community Center for the maximum amounts available per activity as identified in the NOFA. 51 The City Council and the public were informed of the eligible activities under the 2024 CDBG NOFA, which include infrastructure support for new housing projects, housing acquisition and rehabilitation programs, community facilities, public services, and planning studies. All eligible activities under the State CDBG must fulfill one of three National Objectives:

Benefit low- and moderate-income households or persons (LMI), Aid in the elimination of slums and blight, or
Address an urgent community development need arising from a State or Federally declared disaster.

A follow-up public hearing was held on October 2, 2024, to discuss updates to the guidelines for the newly established Homebuyer Assistance Program. The Council adopted these guidelines, which will be incorporated into the final application. This upcoming Public Hearing is intended to provide residents with an opportunity to share their views on the proposed grant applications before they are submitted on October 29, 2024.

Review & Analysis
Fiscal Year 2024-2025
Staff has prepared the 2024 CDBG funding applications and requests approval to submit such applications in response to the NOFA released on August 30, 2024, upon the opening of the application portal on October 29, 2024. Prepared applications will include:

1. Public Facilities application: Requesting $1.6 million for upgrades to the Community Center, including HVAC system improvements, backup generator installation, restroom remodel for ADA compliance, trash enclosure, stormwater management, landscaping, site lighting improvements, and EV charging stations. These upgrades will ensure access to the community's cooling/warming center while promoting a clean and safe environment, aligned with the city’s commitment to low water use and low-emission vehicles. The city is eligible for these funds as 63% of the community qualifies as low-moderate income.

2. Homebuyer Assistance Program application: Seeking $1.5 million to provide zero-interest deferred payment loans to eligible low-income households qualifying for a primary mortgage and contributing a minimum of $1,000 toward their down payment. This funding will cover down payment, closing costs, and gap financing, ensuring affordable monthly payments (28- 32% of net household income). The City’s loan cannot exceed 49% of the property value, with no purchase price limit under the CDBG Program. City staff will also provide financial fitness and homebuyer education as part of the program.

Financial Considerations
Securing CDBG grant funds will have no impact in the City’s general funds. If awarded, the grant will include provisions for both program administration and implementation, with no matching funds required. In addition, grant writing expenses are covered under existing contracts with Susan Long of Dragonfly Business Consulting funded by the CDBG Program Income Fund.

Alternatives
Accept staff recommendations to approve and submit the applications for funding under the 2024 CDBG NOFA.

Decline the approval and submittal of applications for further community or staff revisions. 52 Resolution No. 6166
Public Hearing Notice
Proof of Publication
Planning/CEQA
Pursuant to Section 21065 of the CEQA guidelines, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. The proposed consideration is to submit applications in response to the 2024 CDBG NOFA. This action will not cause a direct physical change to the environment. Any development project resulting from the application and approval of the Homebuyer Assistance, the Community Center improvements as well as the Business Assistance Programs, may be subject to subsequent CEQA review and analysis. All federally funded activities are also subject to the National Environmental Protection Act (NEPA). NEPA reviews have been completed for all activities and are included in the application as follows:

General administrative activities associated with the expenditure of funds are exempt.

The Homebuyer Assistance Program activities are categorically excluded, not subject to Section

58.5, therefore not requiring publication of a Notice of Intent/Request for Release for Funds.

Community Center improvements are also categorically excluded, subject 58.5 (1) (2) (3) (iii.) (A.) & (B.).

Public Notice Requirements
A public notice was published in the Salinas Valley Tribune on October 9, 2024 (see Attachment B) and was posted outside of the Soledad City Hall Offices.

Attachment(s):
53 RESOLUTION NO. 6166

A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE

EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS
THERETO FROM THE 2024 FUNDING YEAR OF THE STATE CDBG

PROGRAM
BE IT RESOLVED by the City Council of the City of Soledad as follows:

SECTION 1:

The City Council has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount, not to exceed, of $3,600,000 for the following CDBG activities, pursuant to the and 2024 CDBG NOFA:

List of activities and amounts:

Activity (e.g. Public Services, Infrastructure,
etc.)
Dollar Amount Being Requested for the
Activity
Public Facility Improvements – HVAC, Bathroom,
lighting, landscape upgrades, Emergency generator
& EV Charging
$ 2,100,000
Homebuyer Assistance Program – Single Family
Residential
$ 1,500,000
SECTION 2:

The City Council acknowledges compliance with all state and federal public participation requirements in the development of its application(s).

SECTION 3:

The City Council hereby authorizes and directs the City Manager or designee*, to execute and deliver all applications and act on the City’s behalf in all matters pertaining to all such applications.

SECTION 4:

If an application is approved, the City Manager or designee*, is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement), any recordable or nonrecordable contract documents, and any and all subsequent amendments thereto with the State of California for the purposes of the grant.

SECTION 5:

If an application is approved, the City Manager or designee*, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Soledad held on 10/23/2024 by the following vote:
54 AYES: ____________________
NOES: ____________________
ABSENT: _____________________
ABSTAIN: ______________________
Anna Velazquez, Mayor, City Council

STATE OF CALIFORNIA
City of Soledad
I, Darlene Noriega, Deputy City Clerk of the City of Soledad, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 23rd day of October, 2024 and that said resolution has not been amended, modified, repealed, or rescinded since its date of adoption and is in full force and effect as of the date hereof.

Darlene Noriega, Deputy City Clerk of the City of Soledad, State of California
______________________________________
By: Darlene Noriega, Deputy City Clerk
55 1
City of Soledad

NOTICE OF PUBLIC MEETING

FOR SUBMITTAL AND ACCEPTANCE OF STATE CDBG APPLICATIONS NOTICE IS HEREBY GIVEN that the City of Soledad will conduct a public meeting on October 23, 2024, at 6:00 pm, at City of Soledad city hall located at 248 Main Street, Soledad, CA 93960 to discuss the submittal and acceptance of applications in response to the Notice of Funding Availability released on August 30, 2024 for approximately $34 million in federal Community Development Block Grant (CDBG) Program by the California Department of Housing and Community Development Department..

The City of Soledad plans to apply for $3.6 million under the 2024 CDBG Program Notice of Funding Availability (NOFA) to conduct improvements to the City’s Community Center and to fund a Homebuyer Assistance Program. The City of Soledad also plans to apply for the use of the City’s current CDBG Program Income to support the City’s Economic Development Business Loan Program.

The purpose of this hearing is to review the activities proposed in the application, collect residents’ views on the proposed activities and obtain City Council approval for the submittal of the applications.

The following information related to the application is available at City Hall, 248 Main Street, Soledad, CA 93960 between the hours of 8:00 AM to 5:00 PM on Monday –Friday or by emailing the contact listed below:

A. Amount of funds being applied for per activities.

B. Information on the proposed project and program(s).

C. Estimated amounts of funds proposed to be used for activities benefiting persons of low- and moderate-income.

D. Program Guidelines for activities proposed, outlining eligibility requirements and loan terms.

E. Environmental Review documents.

If you are unable to attend the public hearing, you may direct written comments to the City of Soledad, at the address above, or you may contact Beatriz Trujillo by telephone or email at (813) 223-5056 or [email protected] no later than 5:00 PM on October 23, 2024 to ensure placement in the official record of the hearing.

The City of Soledad does not discriminate on the basis of race, color, national origin, sex, sexual orientation, gender identify, age, religion, or disability. If you require specific accommodations to participate in the public hearing, please contact Beatriz Trujillo at least 24 hours prior to the scheduled hearing.

Publish in: Salinas Valley Tribune
Publish Date: October 9, 2024
56 2
Cuidad de Soledad
AVISO DE REUNIÓN PÚBLICA
PARA PRESENTACIÓN Y ACEPTACIÓN DE SOLICITUD DE CDBG ESTATAL SE NOTIFICA POR LA PRESENTE que la Cuidad de Soledad celebrará una reunión pública el 23 de octubre de 2024 a las 6:00 PM, en el ayuntamiento de la Cuidad de Soledad ubicado en 248 Main Street, Soledad, CA 93960 para discutir la presentación y aceptación de solicitudes en respuesta al Aviso de Disponibilidad de Financiamiento emitido el 30 de agosto de 2024 para aproximadamente $34 millones en el Programa de Subvención en Bloque para el Desarrollo Comunitario (CDBG) por el Departamento de Vivienda y Desarrollo Comunitario de California..

La Ciudad de Soledad planea solicitar $3.6 millones bajo el Aviso de Disponibilidad de Financiamiento (NOFA) del Programa CDBG 2024 para realizar mejoras en el centro comunitario de la ciudad y para financiar un Programa de Asistencia para Compradores de Viviendas. Además, la Ciudad de Soledad también planea solicitar el uso de los Ingresos del Programa CDBG actuales y futuros para apoyar el Programa de Préstamos para Desarrollo Económico de la Ciudad.

El propósito de esta audiencia es revisar las actividades propuestas en la solicitud, recopilar las opiniones de los residentes sobre las actividades propuestas y obtener la aprobación del Concejo Municipal para la presentación de las solicitudes.

La siguiente información relacionada con el proyecto está disponible en 248 Main Street, Soledad, CA 93960 entre las horas de 8:00 AM – 5:00 PM los días de lunes a viernes o enviando un correo electrónico al contacto indicado a continuación:

A. Cantidad de fondos solicitados por actividad.

B. Información sobre el proyecto y programas propuestos.

C. Cantidades estimadas de fondos propuestos para actividades que beneficien a personas de ingresos bajos y moderados.

D. Pautas del programa para las actividades propuestas, que describen los requisitos de elegibilidad y los términos del préstamo.

E. Documentos de Revisión Ambiental.

Si no puede asistir a la audiencia pública, puede dirigir sus comentarios por escrito a Cuidad de Soledad, a la dirección que figura arriba, o puede ponerse en contacto con Beatriz Trujillo por teléfono o correo electrónico a (831) 223-5056 y [email protected] a más tardar las 5:00 PM del 23 de octubre de 2024 para garantizar que se incluyan en el acta oficial de la audiencia.

La Cuidad de Soledad no discrimina por motivos de raza, color, origen nacional, sexo, orientación sexual, identidad de género, edad, religión, o discapacidad. Si necesita adaptaciones específicas para participar en la audiencia pública, póngase en contacto con Beatriz Trujillo al menos 24 horas antes de la audiencia programada.

Publish in: Salinas Valley Tribune
Publish Date: October 9, 2024
57 58
59 SUBJECT: Resolution No. 6165, A Resolution of the City Council of the City of Soledad Approving and Authorizing the City Manager to Execute an Affordable Housing Agreement Between the City of Soledad and Soledad Unified School District for the Workforce Housing Project Located at 500 Monterey Street
TO: Honorable Mayor Velazquez and City Council
FROM: Beatriz Trujillo, Housing Analyst
MEETING DATE: October 23, 2024

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 1.

Recommendation
It is recommended that the City Council of the City of Soledad consider and approve Resolution No. 6165, "Approving and Authorizing the City Manager to Execute an Affordable Housing Agreement Between the City of Soledad and Soledad Unified School District for the Workforce Housing Project Located at 500 Monterey Street".

Executive Summary
In response to California's ongoing housing crisis, the Soledad Unified School District (SUSD) is proposing a 20-unit apartment complex (“the Project”) at 500 Monterey Street, specifically designed to provide housing for its employees. The complex will feature amenities such as a lounge area, conference room/library, and a bike storage facility, all aimed at improving employee retention by offering convenient and accessible living arrangements. To move forward, the District seeks approval of an Affordable Housing Agreement in accordance with state density bonus laws. Staff recommends that the City Council review and consider the Affordable Housing Agreement, which has received unanimous endorsement from the Affordable Housing Ad-Hoc Committee.

Background
On November 4, 2020, Measure N was approved by voters, authorizing the issuance of $13.75 million in bonds for SUSD's improvement projects. A portion of these funds will be used for developing the proposed 20-unit apartment complex for SUSD employees. The project site, situated at the intersection of Monterey Street and Soledad Street, currently comprises three lots owned by the City of Soledad and the Soledad Successor Agency. The City, the Successor Agency, and the School District are finalizing the purchase and transfer of these sites. Once escrow closes and the lots are merged, a new Assessor Parcel Number (APN) will be assigned and incorporated into the Affordable Housing Agreement. 60 The site is designated as Downtown Commercial in the General Plan and lies within the 2012 Downtown Specific Plan (DSP) area, which permits a base density of up to 16 units per acre. With a conditional use permit (CUP), this can be increased to 22 units per acre. The District obtained CUP 2022-03, which raised the site’s base density from 11 to 15 units per acre. The District now seeks a density bonus to bring the total number of units to 20.

Review & Analysis
CUP 2022-03: Increase in Density
The General Plan and DSP allow a base density of 16 units per acre for the .69-acre site, equating to 11 units by right. However, with CUP 2022-03, the allowed density increases to 15 units (22 units per acre). The Project proposes to take advantage of the maximum base density permitted with the CUP and has also submitted a density bonus application under Government Code section 65915 to reach 20 units. As of September 8, 2022, the CUP was granted, and state law (SB 2 Zoning Amendments) now permits such density increases "by right" in an R-3 Zoning District.

Af ordability and Density Bonus: 5Additional Units
Section 65915 of the Government Code sets forth the state’s density bonus law (“DBL”). DBL governs the issuance of density bonuses to applicants who agree to set aside a certain portion of a residential project as affordable for moderate, low, and very low-income renters or buyers. Applicants are entitled to density bonuses of up to 50% depending on the type of residential project and the number of units set aside.

Again, the Project was granted a CUP as described above. Therefore, the Project was allowed to contain a maximum of 15 units. Per Soledad Inclusionary Ordinance, 20% of the base units must meet the inclusionary standards outlined in the municipal code chapter 17.42- Inclusionary Housing. These standards would require the District to provide 1 very-low, 1 low and 1 moderate income unit. In conformance with the DBL, the District proposed to set aside 2 rental units to very- low-income households and 1 unit for moderate-income households, representing 13% and 7% of the 15-unit “base” Project, respectively, such that 20% of the Project is affordable. Government Code sections 65915(b)(1)(B)1 and 65915(f)(2) states that rental projects that set aside 13% of the units for very-low income households are entitled to a density bonus of up to 42.5%. Since the District proposes to set aside 13% of its units for very-low income households, it is entitled to a 42.5% density bonus, up to 7 additional units (or 22 units total). The Project proposes an additional 5 units, or 20 units, which is within the density bonus guaranteed by state law.

Af ordable Housing Agreement
City Staff and SUSD have prepared the Affordable Housing Agreement that includes the approved density bonus as guaranteed by state law. The proposed Affordable Housing Agreement includes one (1) affordable unit for moderate income eligible households from 80% to 120% median income; and two (2) affordable units will be made available to very-low-income level that does not exceed 50% median income.

On August 12, 2024, the Affordable Housing Ad-Hoc Committee reviewed and authorized submission of the Affordable Housing Agreement to the City Council for consideration. The consideration and approval of the Affordable Housing Agreement will facilitate the project’s progression and help address the local housing needs.
61 Resolution No. 6165
Exhibit A
Financial Considerations
The City is selling three properties to the School District to facilitate this transaction. In addition to the sales proceeds estimated to be $97,384, the School District is providing an additional $28,800 to support the City's affordable housing efforts. The approval of this agreement will also support the City's affordable housing Regional Housing Needs Allocation (RHNA) goals, but otherwise does not constitute an additional financial impact to the City.

Alternatives
Accept staff recommendations to approve the Affordable Housing Agreement.

Decline the approval and of the Affordable Housing Agreement and provide direction to staff.

Planning/CEQA
Pursuant to California Environmental Quality Act (“CEQA”) Class 32, Section 15332, this project was determined to be categorically exempt. Section 15332 states that a project is exempt from environmental review if it meets the following criteria:
a. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. b. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
c. The project site has no value as habitat for endangered, rare or threatened species. d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
e. The site can be adequately served by all required utilities and public services.

The project is consistent with the General Plan and zoning designation of Downtown Commercial within the Downtown Specific Plan. The Project site is only .69 acres and is located within the City limits and surrounded by other urban uses. The Project site has no value as a habitat for endangered, rare, or threatened species. Given the consistency with the underlying general plan and zoning designations, this Project will not result in any significant effects related to traffic, noise, air quality, or water quality. The Project is a residential use in a zone that permits residential uses. Finally, the general plan planned for the buildout allowed on this site, and the Project can be adequately served by all required utilities and public services.

Public Notice Requirements
Not required.

Attachment(s):
62 RESOLUTION NO. 6165

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY OF SOLEDAD AND

SOLEDAD UNIFIED SCHOOL DISTRICT FOR THE WORKFORCE HOUSING PROJECT LOCATED AT LOCATED AT 500 MONTEREY STREET
WHEREAS, on September 8, 2022, the Planning Commission reviewed and approved a Conditional Use Permit application initiated by the Soledad Unified School District (“District”) for the Project, wherein the application submission allowed the construction of a 20-unit two-story multi-family residential development project on a 0.69-acre vacant site through Resolution No. 2022-10; and
WHEREAS, pursuant to the relevant conditions of approval for the Project, the District is required to make a percentage of the total Project units available to very low- or moderate-income households; and
WHEREAS, after discussion and recommendations with the Ad-Hoc Affordable Housing Subcommittee, the District has agreed to include a total of three (3) “Affordable Units” for the development Project; wherein, one (1) Affordable Unit will be made available to moderate income eligible households from 80% to 120% median income; and two (2) Affordable Units will be made available to very-low income level that does not exceed 50% median income; and WHEREAS, the Affordable Housing Agreement is to be completed, recorded and in full force and effect against the property prior to the issuance of building permits; and WHEREAS, an Affordable Housing Agreement has now been prepared and is ready for City Council consideration and approval; and
WHEREAS, the District will be responsible for managing the Affordable Units, income qualifying tenants, conducting annual recertification’s and property inspections for Affordable Units, and submit all documentation regarding the Affordable Units to the City on an annual basis; and
WHEREAS, the City has determined that this project is categorically exempt pursuant to the California Environmental Quality Act (“CEQA”) Class 32, Section 15332 – Infill Development Projects, because the site is only .69 acres; is consistent with the General Plan and zoning designation; can be adequately served by all required utilities; has no value as a habitat for endangered, rare, or threatened species; and will not result in any significant effects related to traffic, noise, air quality, or water quality.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Soledad that the Affordable Housing Agreement between the City and the Soledad Unified School District, a copy of which is attached hereto as Exhibit “A” and by this reference incorporated herein, in substantial form and content is hereby approved. Upon completion of minor revisions to 63 the satisfaction of the City Manager and City Attorney, the City Manager is authorized and directed to execute the same on behalf of the City.

PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 23rd day of October 2024, by the following vote:

AYES, and in favor thereof, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

ABSTAIN, COUNCILMEMBERS:
________________________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
________________________________
MEGAN HUNTER, City Clerk
64

Exempt from Recording Fees under Govt. Code Section 27383

AFFORDABLE HOUSING AGREEMENT
THIS AFFORDABLE HOUSING AGREEMENT (“Agreement”) is made as of ______________, 20__, by and between the CITY OF SOLEDAD (the “City”) and, SOLEDAD UNIFIED SCHOOL DISTRICT (“OWNER”), with respect to certain real property consisting of approximately 0.69 acres, located at APN __________________ located at 500 Monterey Street, on the corner of Monterey Street and Soledad Street, in the City of Soledad, County of Monterey, California, known as the Soledad Unified School District Workforce Housing Development Project (“Project”), as more fully described in Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”).

WHEREAS, on September 8, 2022, the Planning Commission reviewed and approved a Conditional Use Permit application initiated by the OWNER for the Project, wherein the application submission allowed the construction of a 20-unit two-story multi-family residential development project on a 0.69 acre vacant site through Resolution No. 2022-10; and WHEREAS, the City Council has previously reviewed the proposed Project for compliance with California Environmental Quality Act (CEQA) and has determined the Project is categorically exempt in accordance with the provisions of CEQA Guidelines Section; therefore, no further environmental analysis or documentation is required under CEQA; and WHEREAS, pursuant to the relevant conditions of approval for the Project, OWNER is required to make a percentage of the total Project units available to very low- or moderate-income households; and
WHEREAS, after discussion and recommendations with the Ad-Hoc Affordable Housing Subcommittee, OWNER has agreed to include a total of three (3) “Affordable Units” for the development Project; wherein, one (1) Affordable Unit will be made available to moderate income eligible households from 80% to 120% median income; and two (2) Affordable Units will be made available to very-low income level that does not exceed 50% median income; and WHEREAS, Owner will establish a housing lottery preference program for applicants that are employees of Owner applicable to a percentage of the Affordable Units; RECORDING REQUESTED BY:

Escrow Order No.:

When Recorded Mail to:

City of Soledad
Attn: Community and Economic Development
Director
P.O. Box 156
Soledad, CA 93960
(Space Above Provided For Recorder)

EXHIBIT A
65

WHEREAS, Owner will be responsible for managing the Affordable Units, income qualifying tenants, conducting annual recertification’s and property inspections for Affordable Units, and submit all documentation regarding the Affordable Units to the City on an annual basis.

NOW, THEREFORE, to ensure compliance with the requirements set forth above and other applicable statutory and regulatory requirements, OWNER and the CITY agree as follows:

Article I
Recitals; Capitalized Terms and Definitions
Section 1.01. Recitals.

The recitals set forth above are true and correct and incorporated herein by this reference.

Section 1.02. Capitalized Terms and Definitions.

All capitalized terms not otherwise defined herein shall have the same meaning ascribed to them in Soledad Municipal Code Chapter 17, unless the context clearly indicates a different meaning. For purposes of this Agreement, the following terms shall have the meaning set forth below:

Affordable Housing Cost - shall have the meaning set forth in Section 50053 of the California Health and Safety Code, namely, the Total Housing Costs paid by an Eligible Household, which does not exceed a specified fraction of the gross monthly income, adjusted for Household Size Appropriate for the Unit, as follows and referenced in Exhibit B – “City of Soledad Maximum Allowable Household Income Year 2022 and Inclusionary Housing Ordinance Rents Chart” which will be subject to change on annual basis:
o For Very Low-Income Household: the product of thirty percent (30%) times fifty percent (50%) of the area Monterey County median income adjusted for family size appropriate for the unit.
o For Moderate Income Households: not greater than the product of thirty percent (30%) times one hundred ten percent (110%) ofthe Monterey County median income adjusted for family size appropriate for the unit.

Affordable Unit Rental Price – means a rental price for an Affordable Unit such that the total Housing Costs paid by an Eligible Household do not exceed the Affordable Housing Cost limits.

Gross Income – shall have the meaning set forth in Section 4.01 below.

Moderate Income – shall mean and include those persons and families whose incomes 66

exceed eighty percent (80%) but are less than or equal to one hundred twenty percent (120%) of the median income within Monterey County
Low or Lower Income – shall have the meaning set forth in California Health and Safety Code Section 50079.5; provided the income of such persons and families shall not exceed eighty percent (80%) of median income.

Very-low Income – shall have the meaning set forth in California Health and Safety Code, Section 50105; provided that such income level shall not exceed fifty percent (50%) of the median income within the county.

Principal Residence – shall mean an Affordable Unit occupied by a Qualified Renter as hisor her primary residence, that is not leased or rented to others for any period of time.

Qualified Renters – shall have the meaning set forth in Section 4.01 below.

Rental Restriction Agreement – shall have the meaning set forth in Section 4.04 Article II
Number and Location of Affordable Units
Section 2.01. Number of Affordable Units.

OWNER, as a condition to the satisfaction of OWNER’s affordable housing obligations as set forth in the Project Approvals for _____________ Development Project, shall construct, or cause to be constructed, three (3) Affordable Units available at an affordable rate to very low and moderate income households, totaling three (3) “Affordable Units” in the Project.

The income level break downs will be the following: one (1) Affordable Unit will be made available to moderate income eligible households from eighty percent (80%) to one hundred twenty percent (120%) median income; two (2) Affordable Units will be made available to verylow income level that does not exceed fifty percent (50%) of median income.

Section 2.02. Location of Affordable Units.

Pursuant to Soledad Municipal Code Chapter 17.41, Section 17.41.140, the Affordable Units shall be evenly dispersed throughout the Project. Affordable Units shall be developed and constructed as follows: Affordable Units will be developed and constructed at the same time as market rate units. The Affordable Units required for the Project will be initially located in the following unit numbers 103, 105 and 208. The location of said units shall not be changed without providing supporting documentation for Qualified Renters in replacement units to the City, if the units are required to be relocated. Affordable Units shall have equal access and enjoyment to all common facilities of the Project.
67

Section 2.03. Quality, Size and Amenities of Affordable Units.

The Affordable Units will be one (1) bedroom and one (1) bath and approximately 727 square feet or two (2) bedrooms and two (2) baths and approximately 1,065 square feet in size as more fully described in Exhibit C. Design for all units will be identical. Bathrooms in each unit will have: full baths, toilet, sink and shower above bathtub. All tenants will be responsible for: water, gas, and electricity with a pro-rated charge for garbage and sewer. Any proposed variations in quality, size and/or amenities must be reviewed and approved by the City prior to the issuance of Building Permits and/or Certificates of Occupancy.

Article III
City Incentives
Section 3.01. Project has previously been provided with a density bonus up to forty two point five percent (42.5%) as part of the approval of the Project.

Article IV
Affordability Covenants
Section 4.01. Affordability-Rental Units.

OWNER agrees that the rental for Very Low and Moderate-Income Affordable Units shall be rented to and occupied by persons and families of those income levels as described in Section

2.01 (“Qualified Renters”), as defined in the most current version of the Monterey County Housing Affordability Tables. A Qualified Renter’s income shall be calculated on the basis of “Gross Income”, as defined under Title 25, Section 6914, of the California Code of Regulations, as amended from time to time. These restrictions shall be in place for a term of fifty-five (55) years, subject to covenants and restriction to be set forth in the “Rental Restriction Agreement” to be prepared by the parties no later than the issuance of building permits for the Affordable Units and thereafter executed and recorded in accordance with Section 4.04.

In order to ensure compliance with this Agreement in connection with the rental of each Affordable Unit, OWNER and its successors shall obtain a copy of each prospective renter’s federal income tax return for the taxable year immediately preceding the proposed rental of an Affordable Unit and current income information such as wage statements or, if the prospective renter certifies and declares under penalty of perjury that he or she did not file a federal tax return, other evidence of Gross Income for such year, acceptable to the City in its sole discretion, and current income such as wage statements, to substantiate that the prospective renter meets the eligibility requirements of Qualified Renters. In the event the City is unable to make a determination that a prospective renter is a Qualified Renter based upon the information provided, the prospective renter shall be determined not to meet the requirements of Qualified Renters and shall be disqualified from the proposed rental.
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Section 4.02 Determining Maximum Affordable Unit Rental Price.

For ease of application, the parties agree that for determining the affordability limits/maximum rental prices and maximum household income limits for the affordable income levels, OWNER may rely on the most current edition of the “Monterey County Housing Affordability Tables”.

In the event Monterey County should cease the promulgation of such Tables, or refrain from updating the same on an annual basis, the parties will agree to the use of another reliable source for determining rental rates and household income limits. OWNER shall be solely responsible for ensuring that the Affordable Units are rented to Qualified Renters at the appropriate rate for the restriction referenced in Section 4.01.

Section 4.03 Housing Lottery-Rentals

OWNER shall make all three (3) Affordable Units first available to Owner employees and provide an initial screening for applicants via a Housing Lottery Program (the “Program”), to be developed, prepared, and submitted by OWNER to City for review and approval prior to occupancy. Once approved, OWNER shall be responsible for the implementation of the Program.

At a minimum, said Program should contain a marketing, application, and renter selection plan.

The marketing plan shall provide for the widest possible outreach to inform the OWNER’s employees of the availability of the Affordable Units. The notice should provide a brief description of the Affordable Units, state the applicable income requirements, indicate where applications are available, state when OWNER shall also conduct a workshop, in English and Spanish, for all prospective renters selected through the OWNER’s lottery process, explaining the rental terms and conditions for an Affordable Unit. The Program shall establish a reasonable time for rental of the Affordable Units to remain open exclusively to employees of OWNER in no event less than six (6) weeks, until all units are rented. In the event the units are not rented to employees of OWNER during the identified rental period, and OWNER provides CITY with proof of a good faith effort to rent said units, the Affordable Units may thereafter be marketed to public at large at the affordable rates referenced in Section 4.01.

As vacant Affordable Units become available after the initial screening, the OWNER will be responsible for marketing the vacant units to employees of OWNER that are eligible applicants as described in Section 2.01. In the event the units are not rented to employees of OWNER during the open application period, the OWNER will provide the City proof of a good faith effort to rent said units. The Affordable Units may thereafter be marketed to the public at large at the affordable rates referenced in Section 4.01.

Section 4.04 Rental Restriction Agreement
Each affordable rental unit shall be subject to the covenants and restrictions set forth in a “Rental Restriction Agreement” to be prepared by the parties and incorporated herein by this Reference by no later than the issuance of building permits. The term of the Rental Restriction Agreement shall be for the time referenced in Section 4.01. During the restricted term, OWNER may only rent a unit to a Qualified Renter in the manner generally described in Sections 4.01-

4.02. The Rental Restriction Agreement will be prepared subject to the approval of both the City 69

and the OWNER. OWNER shall execute and record the Rental Restriction Agreement against its rental properties prior to the issuance of occupancy permits.

Section 4.05 Prohibited Rental of Affordable Units
Any rental of the Affordable Units by OWNER in violation of the terms and conditions of this Agreement and the above-referenced Rental Restriction Agreement, is expressly and strictly prohibited, shall be null and void, and shall constitute a default of OWNER under this Agreement, entitling the City to exercise all remedies available at law or in equity, including without limitation, seeking injunctive relief to prevent or enjoin the prohibited rental and/or damage as provided in this Agreement.

Section 4.06 Occupancy Standards.

During the period established in Section 4.01, each Affordable Unit shall be occupied as the Principal Residence of a Qualified Renter and for no other purpose. The maximum occupancy of the Affordable Units shall not exceed the maximum occupancy allowed pursuant to the general requirements of the United States Department of Housing and Urban Development, which as of the date of this Agreement, is two (2) persons per bedroom, plus one (1) person.

Section 4.07 Income-Ineligible Tenants
During the period established in Section 4.01, all tenants residing in the Affordable Units referenced in Section 2.02 must meet the income levels as reference in Section 2.01. Should the tenant no longer meet the income eligibility criteria to reside in the Affordable Unit due to changes in income, the OWNER may move forward with the appropriate termination of tenancy process or OWNER may identify a replacement rental unit to restore the affordability mix required by this Agreement.

Should OWNER and income-ineligible tenants of Affordable Units be going through an eviction process in court at any time, the OWNER will not be penalized or found out-ofcompliance by the City with regards to this Agreement.

Further, OWNER will be responsible for writing and enforcing their lease contracts and managing landlord-tenant issues with tenants residing in the Affordable Units. Affordable Units shall be managed and operated by the OWNER, or the OWNER’s agent, for the term described in Section 4.01.

Section 4.08 Release of Property from Agreement.

Except as otherwise provided in this Section, the covenants and conditions contained in this Agreement shall apply to and bind, during their respective periods of fee ownership, OWNER and its heirs, executors, administrators, successors, transferees, and assignees having or acquiring any right, title or interest in or to any part of the Affordable Units within the Property and shall run with and burden such portions of the Property until terminated. Until portions of the Property are released from the burdens of this Agreement, the owners of fee title to the Propertyshall 70

expressly make the conditions and covenants contained in this Agreement a part of any deed or other instrument conveying any interest in such property.

Article V
General Provisions
Section 5.01. Maintenance of Property.

During such time as the Affordability Covenants set forth in this Agreement are in effect, all improvements developed upon the Property, including without limitation, the Affordable Units,hardscaping and landscaping, shall at all times be maintained in a neat and orderly condition, good order and repair, consistent with good ownership practices, and in accordance with all applicable Federal, State and local laws.

Section 5.02. Events of Default; Enforcement.

In the event of a default in the performance or observance of any covenant, agreement or obligation as set forth in this Agreement and, if such default remains uncured for a period of thirty (30) days after notice thereof shall have been given by the City, or such longer period as may be approved by the City in writing in its sole discretion, then the City may declare that an Event of Default has occurred hereunder and, in addition to other default remedies provided under this Agreement, may exercise any one or more of the following, at its option:
(a) By mandamus or other suit, action or proceeding at law or in equity, require OWNER or its successors in interest to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder; (b) Take whatever other action at law or in equity may appear necessary or desirable to enforce the obligations, covenants and agreements hereunder.

No delay by the City in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times.

Section 5.03 Prohibition Against Discrimination.

OWNER shall not discriminate against any potential Qualified Renter on the basis of sex, color, race, religion, ancestry, national origin, age, pregnancy, marital status, family composition, sexual orientation, or the potential or actual occupancy of minor children. OWNER further agrees to ensure that no such person is discriminated against for any of the above-mentioned reasons.

Section 5.04 Indemnification
OWNER shall defend, indemnify and hold harmless the City and its officers, agents and 71

employees (collectively, “Indemnitees”) from and against any loss, liability, claim or judgment relating in any manner to the residential development of the Project or this Agreement, including but not limited to the OWNER’s administration of the housing rental program referenced in Section 4.03. OWNER shall not be required to indemnify and hold harmless Indemnitees for liability attributable to the negligence or willful misconduct of Indemnitees, provided such negligence is determined by agreement between the parties or by a finding of a court of competent jurisdiction.

Section 5.05. Attorneys’ Fees.

In any legal proceeding to enforce the terms of or restrain a violation of this Agreement, the losing party or parties must pay the attorneys’ fees of the winning party or parties in the amount fixed by the court in the proceeding.

Section 5.06. Amendments.

This Agreement may only be amended in writing by an instrument signed by the authorized representative of the City or its successor in interest and the then- record owner or owners of the Property.

Section 5.07. Severability.

If any provision of this Agreement shall be held invalid, inoperative or unenforceable as applied in any particular case, in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other provision or provisions hereof or any Constitution or Statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provisions in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatsoever. The invalidity of any one or more phrases, sentences, clauses or sections contained in this Agreement shall not affect the remaining portions of this Agreement.

Section 5.08. Headings.

The section headings are not part of this Agreement and will not affect the interpretation of any provisions hereof.

Section 5.09. Time of the Essence; Effectiveness of Agreement.

In each provision of this Agreement which states a specific amount of time within which the requirements thereof are to be satisfied or are to persist, time shall be deemed to be of the essence. This Agreement shall not be effective as to OWNER until it is ratified or approved by OWNER’s governing board.
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Section 5.10. Notices.

Any notice required to be given hereunder shall be given by personal delivery or by registered or certified mail at the addresses specified below or at such other addresses as may be specified in writing by the parties hereto:

To OWNER: Soledad Unified School District
1261 Metz Road
Soledad, CA 93960
Attention: Superintendent
To CITY: City of Soledad
248 Main Street
Soledad, CA 93960
Attention:

City Manager
With a copy to: Michael F. Rodriquez, City Attorney
Jarvis Fay LLP
555 12th Street, Suite 1630
Oakland, CA 94607
Notice shall be deemed given three (3) business days after the date of mailing, or, if personally delivered, when received. A party’s address for notice may be changed by giving notice to the other party in the manner set forth above and indicating the new address for notice.

Section 5.11. Governing Law; Venue.

This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Monterey, State of California, in an appropriate municipal court in that county or in the Federal District Court in the District of California in which Monterey County is located.

Section 5.12. Legal Advice.

OWNER represents and warrants the following: OWNER has carefully read this Agreement, and in signing this Agreement and/or agreeing to be bound by the same, OWNER does so with full knowledge of any rights which OWNER may have; OWNER has received independent legal advice from legal counsel as to the matters set forth in this Agreement, or has knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and OWNER has freely signed this Agreement and/or agreed to be bound by it without any reliance upon any agreement, promise, statement or representation by or on behalf of the City, or its respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. This Agreement shall be interpreted as though prepared jointly by both OWNER and the City.
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IN WITNESS WHEREOF, OWNER and City have executed this Agreement as of, althoughnot necessarily on, the date first written above.

OWNER:

SOLEDAD UNIFIED SCHOOL DISTRICT
By:

Its: ____________________________________
Date: ___________________________________
CITY:

By:

Its: ____________________________________
Date: ___________________________________
74 SUBJECT: Presentation on the Fire Aerial Apparatus Bay Project TO: Honorable Mayor Velazquez and City Council
FROM: Alex Ramos, Assistant Engineer
MEETING DATE: October 23, 2024

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 2.

Recommendation
It is recommended that the City Council of the City of Soledad receive a presentation regarding the Fire Aerial Apparatus Bay Project.

Executive Summary
The Fire Aerial Apparatus Bay Project Phases 1 and 2 are currently underway in the submittal and approval process for the metal building. As part of Phase 2, necessary site improvements will be constructed to enable the safe ingress/egress of the Fire Ladder Truck and the Police Department. As a result, there is a need to remove street parking and trees to ensure adequate sight distance of police vehicles when exiting onto Main Street, during distress calls/emergencies. The City is also evaluating whether the mature oak tree in Ramus Park can be retained. This presentation is to inform the City Council of the necessary actions as part of this project.

Background
The City received funding from the State of California for $2 million to purchase a new fire engine with a ladder attachment. Subsequently, on January 11, 2023, Soledad City Council authorized the purchase of a 2023 Sparta/Smeal 105-foot Quint Aerial Apparatus (Ladder Truck). With the purchase of a new Ladder Truck, Soledad will also need a place to house the new fire truck to keep it ready and protected.

Design of the Soledad Fire Department Aerial Apparatus Bay Project was completed in two phases:

Phase 1 – the building and foundation; and Phase 2 - site improvements necessary to locate the new building and provide access and utility connections to the new building.

On May 15, 2024, Council approved a contract for construction services with MPE in the amount of $359,000 plus 5% Contingency for a total amount not to exceed $376,950 for Phase 1 of this project.

On August 21, 2024, Council approved a contract for construction services with MPE in the Amount of $858,343 plus 10% Contingency for a total not to exceed the amount of $944,177.30 for the Soledad 75 Fire Department (CAL Fire) Aerial Apparatus Bay Project Phase 2.

Review & Analysis
The Fire Station Aerial Apparatus Bay (App Bay) Project, Phase I, is to be constructed in the alley between Bill Ramus Park and the existing Soledad Fire Station Bay/Old Jail Cell. This location was ultimately selected by Staff as the best location to minimize the impact to the adjacent park, the Windy Acres Daycare located at 237 Soledad St, and the Old Jail. Given the sheer size of the newly purchased Ladder Truck, challenges have been identified with having it enter the building off of Monterey like the smaller fire engines. This is the result of the large turning radius the Ladder Truck requires to be reversed into the Apparatus Bay (App Bay). To accommodate the safe ingress of the Ladder Truck, it will need to enter the App Bay off of Soledad Street, through the existing Police Department (PD) compound. As a result, PD will be losing a portion of its parking lot to allow for the large turning movement of the ladder truck and the ability to exit the compound through Monterey Street.

Phase 2 of this project shall involve the required site improvements to make this new building and ladder truck work within the existing conditions and enable PD to continue operating with minimal impact. These improvements shall include new fencing and gate to secure the compound, new structural sections for the ladder truck, new asphalt, and the redesign of the exit onto Main Street.

In order to provide PD with a secondary means of egress, the Main Street exit will need to be redesigned to accommodate emergency-responding vehicles. Currently, to safely exit onto Main Street, the driver must ease their way onto the street to see around the parked vehicles and trees. In the event that PD needs to respond to a distress call/emergency where every second matters, they need the ability to rush out of the compound in a safe manner. To achieve this, Staff had the City’s On-Call Traffic Engineer perform a stopping sight distance analysis. The result of the analysis has identified the need to remove 3 large trees on Main Street and the loss of 10 parking stalls to provide the recommended stopping sight distance. There are more than enough parking stalls remaining along Main Street for City Employees and residential parking. Additionally, there is a large dip as you exit onto Main Street that will damage vehicles if they were to speed out of there that will need to be redone under Phase 2 of this project.

The City is also evaluating whether the project will impact the mature Oak Tree in Ramus Park. The pad for the building must extend five feet beyond the footprint for the building. To construct the pad, the contractor will have to dig several feed down, which could cut into the oak tree's root system, creating a toppling hazard. City Staff has explored various options to save the tree including moving the building three feet closer to the Old City Jail. MPE will conduct a hydro jet test to reveal the root system and determine whether the tree can be saved if the building is moved close to the jail or if the City will ultimately have to be remove the tree. Because of City Council's desire to save the Old City Jail, it may not be possible to save the oak tree too.

Financial Considerations
The Fire Station Aerial Apparatus Bay Project Phase 1 is funded through the American Rescue Plan Act (ARPA) funds that were approved by the Council on April 3, 2024. Phase 2 is funded through the Fire Impact Fees (Legacy Funds) and ARPA.

Alternatives
Deemed informative presentation as received with no further action required; or Deemed the informative presentation received and request additional information. 76 Fire App Bay Presentation
Planning/CEQA
The Soledad Fire Department Aerial Apparatus Bay Project, which involves the installation of a metal prefabricated building next to an existing fire station, is Categorically Exempt pursuant to the California Environmental Quality Act (CEQA) under Guidelines Section 15332 – Infill (Class 32).

This Project is exempt because it meets the following conditions: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as a habitat for endangered, rare, or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air, or water quality. (e) All required utilities and public services can adequately serve the site.

Public Notice Requirements
None required.

Attachment(s):
77 Fire Aerial Apparatus Bay Project:

Phase I and 2
City of Soledad
Public Works Department
78 Overview:
• Background
• Phase I – Building and Foundation
• Phase 2 – Site Improvements
• Design Challenges – Turning Radius
• Design Challenges – Oak Tree
• Next Steps – Main Street Exit
Redesign
79 Background
• Received $2 million
earmark from Senator
Caballero to purchase new
ladder truck
• In January 2023, City
Council authorized the
purchase of a 2023
Sparta/Smeal 105-foot
Quint Aerial Apparatus
(Ladder Truck)
80 Phase 1: Building and
Foundation
• Scope of Work: • New Pre-Engineered Metal
Building • Frame, Walls, Roof,
Insulation, Doors/Frames
• Stubout/Sleeves for future
utilities
• Concrete Slab and Foundation • Trench Drain/Connections 81 Phase 2: Site Improvements Scope of Work
• New Concrete
• New Asphalt
• Improved Structural
Section
• New Parking Lot Stripping
• New Fencing & Gate
• Main Street Exit Redesign
• Improved Stopping
Sight Distance
• Easier transition onto
Main Street by
reducing the existing
dip.
82 Design
Challenges -
Turning Radius
• 2023 Sparta/Smeal 105-
Foot Quint Aerial Apparatus
(Ladder Truck)
• Truck Turning Template
• Safe Ingress/Egress
83 Design Challenges –
Oak Tree • Foundation Footprint • Over Excavation • Arborist Recommendations • HydroVaccing
• Oak Tree Removal vs.

Trimming
• Moving the Building?
84 85
Main Street
Exit Redesign
• Secondary Means of Egress
for Police Department
• Improved Sight Distance
Analysis • Displacing Parking • Removal of Trees
• Reduction of the Dip Upon
Exiting
86 SUBJECT: Resolution No. 6167, A Resolution of the City Council of the City of Soledad Approving and Authorizing the City Manager to Execute a Memorandum of Understanding with the Soledad Unified School District for the Sale, Purchase and Delivery of Recycled Water TO: Honorable Mayor Velazquez and City Council
FROM: Donald Wilcox, Public Works Director
MEETING DATE: October 23, 2024

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 3.

Recommendation
Staff recommends that the City Council consider and adopt Resolution No. 6167, “Approving and Authorizing the City Manager to Execute a Memorandum of Understanding with the Soledad Unified School District for the Sale, Purchase and Delivery of Recycled Water.” Executive Summary
City staff and Soledad Unified School District (“SUSD”) staff have been collaborating in discussions regarding the Soledad Recycled Water Conveyance Project and the availability of recycled water for irrigation of turf on SUSD properties. For grant funding and project design and construction purposes, the City needs an expression of commitment from the SUSD for the purchase of recycled water. The final agreement language remains to be drafted; however, staff recommends the proposed Memorandum of Understanding (“MOU”) for the sale, purchase, and delivery of recycled water with SUSD be approved in substantial form and content by Council as it is necessary to continue with the project which is on a very tight grant funding timeline.

Background
The City of Soledad (“City”) applied for an Urban Community Drought Relief (UCDR) Grant through the CA Department of Water Resources and was awarded $16,663,021 in January 2023 for the Soledad Recycled Water Conveyance Project (RWCP). The RWCP consists of a new city-wide recycled water distribution pipe system bringing tertiary treated water from the City’s Water Reclamation Facility (WRF) to City parks and SUSD properties. As part of the RWCP, with the goal of reducing groundwater consumption, the City plans on converting the existing potable water irrigation systems at all City Parks as well as turf areas at Soledad Unified School District (SUSD) properties over to recycled water irrigation. Design for this project was awarded to Carollo Engineering by Council on November 15, 2023, and the design is currently 60% completed. 87 Review & Analysis
The objective of Soledad’s Recycled Water Conveyance Project is to replace up to 165 acre-feet (54 million gallons) per year of groundwater pumping with recycled water to offset the use of potable water to irrigate turf as a commonsense way to reduce groundwater use. This includes the delivery of recycled water to the SUSD properties.

SUSD has supported the City’s RWCP during the grant application process and during a presentation of the RWCD project and grant funding announcement to the SUSD Board at their May 2024 meeting.

Staff has also met with SUSD representatives to discuss purchasing recycled water long-term. The SUSD has expressed its intent to purchase recycled water from the City of Soledad; however, the construction of the pipeline will not be completed until late in 2026. Moreover, at this point recycled water rates have not been established. Before moving forward with construction, staff recommends that the City memorialize the intent of the City to sell and supply and for the SUSD to purchase and utilize recycled water. It is anticipated that recycled water rates, once established, will be less than potable water rates, so there will be a cost savings to all parties using recycled water for irrigation purposes.

The UCDR grant the City received will cover all costs for connections and infrastructure required to deliver recycled water to City parks as well as SUSD sites, so there will be no costs associated with construction for the City or SUSD. The SUSD will be responsible for paying for recycled water usage and understands that the cost shall be established by the City via a Proposition 218 compliant rate study and adjusted annually similar to potable water rates for inflation and as necessary to recover the costs of recycled water production, distribution and system maintenance and repair.

Recycled water will be supplied on a continuous basis except in extraordinary circumstances. If the supply of recycled water should be interrupted because the plant falls below the recycled water quality requirements set by the WRF Operating Permits, service will be maintained by substituting potable water until the recycled water production system is returned to normal operation. The cost of the water delivered through the recycled water system will be at the prevailing price of recycled water regardless of the source of the water in the system.

Staff recommends that the City Council approve the proposed MOU for the sale, purchase and delivery of recycled water in substantial form and content. Without an expression of this intent, the City may not meet the grant requirements, and it may not be prudent to move forward with the full construction of the RWCP.

Financial Considerations
The City will not incur any costs for entering into the proposed MOU.

Alternatives
Approve the MOU in substantial form.

Disapprove the MOU and direct Staff to continue to negotiate the terms and conditions of an MOU or similar agreement.

Planning/CEQA
The proposed agreement is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). Because the matter does not cause a direct or foreseeable 88 Resolution No. 6167
Exhibit A
indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

Public Notice Requirements
None required.

Attachment(s):
89 RESOLUTION NO. 6167

A RESOLUTION OF THE CITY OF SOLEDAD APPROVING AND AUTHORIZING

THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING

WITH THE SOLEDAD UNIFIED SCHOOL DISTRICT FOR THE SALE, PURCHASE

AND DELIVERY OF RECYCLED WATER DELIVERY
WHEREAS, the City applied for an Urban Community Drought Relief (UCDR) Grant through the CA Department of Water Resources and was awarded $16,663,021 in January 2023 for the Soledad Recycled Water Conveyance Project (RWCP); and WHEREAS, as part of the RWCP, with the goal of reducing groundwater consumption, the City plans on converting the existing potable water irrigation systems at all City Parks and turf areas at Soledad Unified School District (SUSD) properties over to recycled water irrigation; and WHEREAS, SUSD has supported the City’s RWCP during the grant application process and during a presentation of the RWCD project and grant funding announcement to the SUSD Board at their May 15, 2024, meeting. Staff has also met with SUSD representatives to discuss purchasing recycled water long-term; and
WHEREAS, SUSD has expressed its intent to purchase recycled water from the City of Soledad; however, before moving forward with construction, staff recommends that the City memorialize the intent of both the City and SUSD through a Memorandum of Understanding for the sale, purchase and delivery of recycled water; and
WHEREAS, the UCDR grant the City received will cover all costs for connections and infrastructure required to deliver recycled water to City parks as well as SUSD sites; and WHEREAS, SUSD will be responsible for paying for recycled water usage and understands that the cost shall be established by the City via a Proposition 218 compliant rate study, and adjusted annually similar to potable water rates for inflation and as necessary to recover the costs of recycled water production, distribution and system maintenance and repair, which is expected to be less than the rate charged for potable water; and WHEREAS, the proposed engineering services agreement is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Soledad that the “Memorandum of Understanding” between the City and SUSD for the sale, purchase and delivery of recycled water a copy of which is attached hereto as Exhibit A and incorporated herein by reference, is hereby approved as to substantial form and content, subject to final review by the City Manager and City Attorney, and the City Manager is authorized and directed to execute the same when completed on behalf of the City. 90 PASSED AND ADOPTED by the City Council of the City of Soledad at a special meeting duly held on the 23rd day of October 2024 by the following vote:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

ANNA M. VELAZAQUEZ, Mayor
ATTEST:
________________________________
MEGAN HUNTER, City Clerk
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MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF SOLEDAD AND THE

SOLEDAD UNIFIED SCHOOL DISTRICT FOR THE

SALE, PURCHASE AND DELIVERY OF RECYCLED WATER
This Memorandum of Understanding Regarding the Sale, Purchase and Delivery of Recycled Water is made and entered into as of this _______ day of _______, 2024 by and between the City of Soledad, a municipal corporation of the State California (“City”) and the Soledad Unified School District, a California public school district (“SUSD”). City and SUSD may be collectively referred herein as “Parties” and individually as “Party.”

RECITALS
WHEREAS, City applied for an Urban Community Drought Relief (UCDR) Grant through the CA Department of Water Resources and was awarded $16,663,021 in January 2023 for the Soledad Recycled Water Conveyance Project (RWCP); and WHEREAS, the RWCP consists of a new recycled water distribution pipe system bringing tertiary treated water from the City’s Water Reclamation Facility (WRF) to various locations in the City, with construction completion currently scheduled in March 2026; and WHEREAS, as part of the RWCP, with the goal of reducing groundwater consumption, the City plans on converting the existing potable water irrigation systems at all City Parks as well as turf areas at SUSD properties to recycled water irrigation, resulting in a reduction of groundwater use by 165 Acre-Feet/Year (54 million gallons/year); and WHEREAS, SUSD is the owner of certain real property located at the following areas in the City: (1) Soledad High School, located at 425 Gabilan Drive; (2) Main Street Middle School located at 441 Main Street; (3) Frank Ledesma Elementary School located at 573 Vista de Soledad; (4) Gabilan Elementary School located at 330 North Walker Drive; (5) Jack Franciosi Elementary School located at 779 Orchard Lane; (6) Rose Ferrero Elementary located at 400 Entrada Drive; and (7) San Vicente Elementary School located at 1300 Walker Drive (the “SUSD Sites”), all of which could benefit from the provision of recycled water for irrigation purposes; and WHEREAS, SUSD has previously supported the City’s RWCP during the grant application process and during a presentation of the RWCP and grant funding announcement to the SUSD Board at their May 2024 meeting; and
WHEREAS, City staff has also met with SUSD representatives to discuss purchasing recycled water on a long-term basis; and
WHEREAS, Counsel for SUSD has prepared a draft “Access Agreement for Right of Entry and Temporary Construction Access” that will facilitate City’s access to the SUSD Sites for installation of necessary infrastructure for irrigation purposes; and Exhibit A
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WHEREAS, City’s Council and SUSD’s Board of Trustees have each found and determined that entry into an MOU concerning the RWCP will serve various public purposes, including but not limited to supporting the State-wide mandate to reduce groundwater use.

MEMORANDUM OF AGREEMENT
NOW THEREFORE, without prejudicing their right to subsequently negotiate and enter into a more formal agreement governing City’s sale and delivery and SUSD’s purchase of recycled water, the Parties confirm their mutual understandings in this MOU.

1. Recitals. The foregoing Recitals are true and correct and are incorporated by reference into this MOU.

2. Purpose and Intent. The purpose of this MOU is to memorialize and confirm the Parties’ mutual understanding regarding City’s offer to produce, convey and sell recycled water to SUSD for irrigation purposes at the SUSD Sites, and the anticipated obligations and responsibilities of each party should an agreement concerning said seller/purchaser relationship come to fruition. The Parties intend to subsequently enter into a formal agreement governing the sale and purchase of recycled water at or before the time City is able to commence and SUSD is able to receive recycled water service.

3. Term. This MOU is effective as of the date on which both Parties have executed this MOU and shall remain in effect until terminated by the Parties hereto, subject to written modification by both Parties. This MOU may be terminated by either Party, with or without cause, upon thirty (30) days written notice to the other Party.

4. Anticipated Obligations.

A. City shall be responsible for:
i. Conducting all studies and complying with all applicable legal procedures necessary to establish the purchase rate for recycled water produced by the RWCP.
ii. Upon execution of the Access Agreement for Right of Entry and Temporary Construction Access, a copy of which is attached hereto as Exhibit A, abiding by all terms and conditions necessary for the installation of all connections and infrastructure necessary to convey recycled water to the SUSD Sites at City cost.
iii. Taking all reasonable efforts to provide recycled water to the SUSD Sites on a continuous basis. If the supply of recycled water should be interrupted because the WRF fails to meet recycled water quality requirements, as established by WRF Operating permits, service will be maintained by substituting potable water until the recycled water production system is returned to normal operation. Under such circumstances, the price of the 93 3
water would be at the established price of recycled water regardless of the source of the water in the system.
iv. Compliance with all applicable federal, state, and/or local laws, ordinances, and regulations relating to the production of recycled water at the WRF.

B. SUSD shall be responsible for:
i. Abiding by all terms and conditions of that “Access Agreement for Right of Entry and Temporary Construction Access,” attached hereto as Exhibit A, which will facilitate City plans to convert existing potable water irrigation systems located at SUSD Sites to a recycled water irrigation pipe system at no cost to SUSD.
ii. Upon completion of the installation work referenced in Section B.a, accept the improvements and assume responsibility for all maintenance and repair necessary to keep said connections and infrastructure operable. iii. Purchasing recycled water from City on an ongoing basis in an amount sufficient for irrigation of the SUSD Sites. Said purchase will be conditioned on the purchase rate for recycled water being established and kept at an amount at least 10% below the purchase rate for potable water.

5. Amendments. Either Party may request changes to this MOU. Any changes, modifications, revisions, or amendments to this MOU which are mutually agreed upon by and between the Parties shall be incorporated into a written instrument, and effective when executed and signed by all Parties to this MOU.

6. Governing Law. The construction, interpretation and enforcement of this MOU shall be governed by the laws of the State of California. The Superior Court of the State of California, County of Monterey shall have original jurisdiction over any action arising out of this MOU and over the Parties, and the venue for any such actions shall be the Superior Court of the State of California, County of Monterey.

7. Integration. This MOU represents the entire, integrated understandings between the Parties regarding the subject matter hereof and supersedes all prior negotiations, representations and agreements, whether written or oral.

8. Construction. All section headings are intended for reference and convenience purposes only, and in no way define, limit, or describe the scope or intent of any provisions herein.

9. Severability. Should any portion of this MOU be judicially determined to be illegal or invalid, the remainder of the MOU shall continue in full force and effect, and either Party may renegotiate the terms affected by the severance
94 4

10. Indemnification. Pursuant to Government Code section 895.4, each Party agrees to fully indemnify, defend, and hold the other Party (including its appointed and elected officials, officers, employees, and agents) harmless and free from any damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its appointed or elected officials, officers, employees, or agents, under or in connection with any activities undertaken in connection with this MOU. No Party, nor any appointed or elected official, officer, employee, or agent thereof, shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of any other Party, its appointed or elected officials, officers, employees, or agents, under or in connection, with any activities undertaken in connection with this MOU.

11. Notices. Any notice, demand or request required or permitted to be given or made under this MOU (“Notice”) shall be in writing and will be deemed given or made when delivered in person, or when sent by United States registered or certified mail, postage prepaid, to a Party at its address specified below, with email copy as follows:

If to City:

Megan Hunter, City Manager
City of Soledad
248 Main Street
Soledad, CA 95366
Email: [email protected]
With copy to:

Mike Rodriquez, City Attorney
Jarvis Fay LLP
555 12th Street, Suite 1630
Oakland, CA 94607
Email: [email protected]
If to SUSD:

Randy Bangs, Superintendent
Soledad Unified School District
1261 Metz Road
Soledad, CA 93960
With copy to:

XX
XX
XX
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The Parties may modify the recipients and/or change the addresses for Notice by notifying the other Party in the manner provided in this section.

12. Signatures. The parties to this MOU through their duly authorized representatives have executed this MOU on the dates set forth below, and certify that they have read, understood, and agreed to the terms and conditions of this MOU as set forth herein. This MOU may be executed by a Party’s signature transmitted by facsimile or electronically, and copies of this MOU executed and delivered by such means shall have the same force and effect as copies hereof executed and delivered with original signatures. This MOU may be executed in counterparts, all of which will constitute one MOU. A copy or original of this document with all signature pages appended together will be deemed a fully executed, original MOU.

13. No Presumption Against the Drafter. This MOU shall be interpreted and construed only by the contents hereof, and there shall be no presumption or standard of construction in favor of or against either Party.

In witness of and in agreement with the terms and conditions of this MOU, the Parties, by their duly authorized representatives, affix their respective signatures.

CITY OF SOLEDAD, a California
municipal entity,
By:

Megan Hunter, City Manager
Dated:

SOLEDAD UNIFIED SCHOOL
DISTRICT, a California school district
By:

Randy Bangs, Superintendent
Dated:

Approved as to form:

By:

Mike Rodriquez, City Attorney
Approved as to form:

By:
____________, District Counsel
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