File #: 13-0618    Name: Greenfield Memorandum of Agreement
Type: General Agenda Item Status: Passed
File created: 6/4/2013 In control: Board of Supervisors
On agenda: 6/11/2013 Final action: 6/11/2013
Title: Consider adoption of a Resolution to: a. Consider the Greenfield General Plan Environmental Impact Report and the South End Environmental Impact Report and City General Plan EIR Addendum; b. Adopt the Greater Greenfield Area Memorandum of Agreement; and c. Authorize the Chair of the Board of Supervisors to execute the Memorandum of Agreement. (Greenfield Memorandum of Agreement/PD060778)
Attachments: 1. Attachment A - Draft Resolution & MOA, 2. Attachment B - Changes adopted by City of Greenfield, 3. Attachment C - City of Greenfield Enviro Docs.Part 1, 4. Attachment C - City of Greenfield Enviro Docs.Part 2, 5. Attachment C - City of Greenfield Enviro Docs.Part 3, 6. Attachment D - Correspondence, 7. Completed Board Order/Resolution/Agreement
Title
Consider adoption of a Resolution to:
a. Consider the Greenfield General Plan Environmental Impact Report and the South End Environmental Impact Report and City General Plan EIR Addendum;
b. Adopt the Greater Greenfield Area Memorandum of Agreement; and
c. Authorize the Chair of the Board of Supervisors to execute the Memorandum of Agreement.
(Greenfield Memorandum of Agreement/PD060778)
 
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a resolution (Attachment A) to:
  1. Consider the Greenfield General Plan Environmental Impact Report and the South End Environmental Impact Report and City General Plan Addendum;
  2. Adopt the Greater Greenfield Area Memorandum of Agreement; and
c.       Authorize the Chair of the Board of Supervisors to execute the Memorandum of Agreement.
 
SUMMARY:
The Local Agency Formation Commission of Monterey County (LAFCO) approved a comprehensive amendment to Greenfield's Sphere of Influence, requiring that a Memorandum of Agreement (Agreement) be negotiated regarding the planned growth of the City. The Agreement became a three party agreement including the City, County, and LAFCO. A draft Agreement was considered at a hearing held before the City Council of Greenfield and the Board of Supervisors in 2007. After the hearing, staff was directed to revisit terms of the Agreement. The attached Agreement is the result of those discussions. The Agreement needs to be signed prior to annexation, unless LAFCO changes the requirements from 2007.
 
DISCUSSION:
On March 26, 2007, the Local Agency Formation Commission of Monterey County approved a comprehensive amendment to update the sphere of influence of the City of Greenfield. The enabling LAFCO resolution (No. 07-04) included the condition that, “prior to future annexations, the City of Greenfield and LAFCO shall negotiate and mutually agree to solutions to address the impacts of planned growth.” Considering the County of Monterey's interests and authority over unincorporated lands, the City of Greenfield invited the County of Monterey to be a party to the Memorandum of Agreement. LAFCO authorized the County's participation as signatory to the agreement. Representatives of the three agencies negotiated the terms of an agreement. A joint City/County hearing was held on October 16, 2007 on that agreement. In response to concerns raised at the hearing, the City and County directed staff to revisit terms of the agreement.
 
A Memorandum of Agreement has been prepared that would allow annexation of land to occur to the City within the sphere of influence as approved by the March 26, 2007 LAFCO action. The City of Greenfield approved the Agreement with two changes at a hearing on May 21, 2013.  This Agreement, with the City's changes, is attached for consideration by the Board of Supervisors. (See Exhibit 1 to Attachment A) LAFCO will consider the Agreement, with the City's changes, on June 24, 2013.
 
ENVIRONMENTAL REVIEW:
The environmental impacts of this action are addressed in the City of Greenfield's General Plan EIR, certified on May 31, 2005, and the City of Greenfield's South End Sphere of Influence EIR and Addendum to the City's General Plan EIR, certified on August 8, 2006.  The Agreement accommodates much less area and growth than was identified in the City of Greenfield General Plan and its EIR, together with growth identified in the South End EIR and City's General Plan Addendum. The Agreement restricts growth to a greater extent than those documents, with more stringent provisions on the allowable growth areas, agricultural buffers, and mitigation for the conversion of agricultural land. None of the circumstances identified in CEQA Guidelines section 15162 that would cause the preparation of a subsequent or supplemental environmental document were identified.
 
OTHER AGENCY INVOLVEMENT:
The Agreement has been negotiated by the Greenfield City Manager and City Attorney, County of Monterey Resource Management Agency Planning Director, and LAFCO staff. The County of Monterey Resource Management Agency Director has also been involved.
 
The Greenfield City Council held a meeting on the Agreement, with their Planning Commission, on May 21, 2013. The Council acted to approve the Agreement as to its terms with two changes. The Council added a new fifth bullet to Section 1 to exclude the area west of 12th and between Cypress and Walnut from the long term area of growth. This new language would preclude growth west of that line for the life of this Agreement. The City Council also adopted a motion amending Exhibit E to clarify that roads may be included in Agricultural Buffers (Attachment B). The Agreement attached for the Board of Supervisors' consideration includes the City's proposed changes.
 
FINANCING:
Funding for staff time associated with this agreement is included in the FY12-13 Adopted Budget for RMA-Planning, and County Counsel Office.
 
Prepared by: Mike Novo, Director, RMA-Planning, ext. 5192
Approved by: Benny Young, Director, Resource Management Agency
 
 
cc:
Front Counter Copy; Board of Supervisors; County Counsel; City of Greenfield; LAFCO of Monterey County; Environmental Health Bureau; RMA-Public Works; Monterey County Water Resources Agency; Benny Young; Mike Novo; Agricultural Commissioner; Project File
 
The following attachments are on file with the Clerk of the Board:
 
Attachment A      Draft Resolution
      Exhibit 1      Memorandum of Agreement and its Exhibits:
      Exhibit A       Boundary Diagram
      Exhibit B       Greenfield Growth Area
      Exhibit C       Greenfield General Plan Land Use Map
      Exhibit D       Referral Area
      Exhibit E       Interim Agricultural Buffer Policies
      Exhibit F       Greenfield Truck Routes
Attachment B      Greenfield adopted changes
Attachment C      City of Greenfield Environmental Documents
Attachment D      Correspondence