Agenda Packet — Salinas City Council, January 11, 2022

Tuesday, January 11, 2022
4:00 PM
City of Salinas
200 Lincoln Ave., Salinas, CA 93901
www.cityofsalinas.org

SALINAS ROTUNDA
City Council
Mayor Kimbley Craig
Councilmembers:

Carla Viviana González, District 1 - Tony Barrera, District 2 Steve McShane, District 3 - Orlando Osornio, District 4 Christie Cromeenes, District 5 - Anthony Rocha, District 6 Steven S. Carrigan, City Manager
Christopher A. Callihan, City Attorney
City Clerk’s Office: (831) 758-7381
Meeting Agenda - Final

January 11, 2022City Council Meeting Agenda - Final

MASKS ARE REQUIRED FOR ALL INDIVIDUALS REGARDLESS OF VACCINATION STATUS.

PUBLIC NOTICE
This meeting is being conducted consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The public may view the meeting on television and/or online and may participate in-person in the Council Chamber.

PLEDGE OF ALLEGIANCE

ROLL CALL

PUBLIC COMMENT PROCEDURES
If you wish to make a general public comment or comment on a specific agenda item, you are encouraged to attended the City Council meeting in person. Public comment may also be submitted via email at [email protected] and will be entered into the record.

PUBLIC COMMENT TIME RESTRICTIONS
Public comments generally are limited to two minutes per speaker; the Mayor may further limit the time for public comments depending on the agenda schedule.

GENERAL PUBLIC COMMENTS
Receive public communications on items that are not on the agenda and that are in the City of Salinas’ subject matter jurisdiction. Comments on Consent, Consideration, and Closed session items should be held until the items are reached. The public may request that the legislative body consider adding an item for consideration on a future agenda. The public may comment on scheduled agenda items, including closed session items, as they are considered.

PUBLIC HEARINGS
ID#22-010 Redistricting Salinas 2021 - Public Hearing #2 Recommendation: Consider the 2020 Census population deviations, review Plan 1 and Plan 2, receive public input and provide direction to staff.

ID#22-004 2021 Weed Abatement Program
Recommendation: Approve a Resolution approving the 2021 Weed Abatement charges and collection of the unpaid charges from the property owners.

ADMINISTRATIVE REPORTS
ID#22-020 Fiscal Year 2021 Spendable Fund Balance
Recommendation: No action is required. This report is presented for informational purposes only.

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January 11, 2022City Council Meeting Agenda - Final
ID#22-028 Implementation of the Salinas Plan
Recommendation: No action is required. This report is presented for informational purposes only.

CONSENT AGENDA
All matters listed under Consent Agenda may be enacted by one motion unless a member of the Council or the public requests discussion or a separate vote.

ID#22-001 Engineering Services for Assessment Districts Recommendation: Approve a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Harris & Associates, Inc. to Provide Engineering Services for Assessment Districts Throughout the City Including: a One-Time Audit Of Existing Data, Annual Administration Services for Existing Assessment Districts, and On-Call Services Related to Formations and Annexations.

ID#22-002 Sale of City-Owned Property to City of Gonzales Recommendation: Approve a Resolution approving a Purchase and Sale Agreement to sell 0.3168 acres of City-owned property to the City of Gonzales.

ID#22-003 Parking Regulations at Monterey County Government Center Recommendation: Approve the removal of two (2) parking stalls of yellow loading zones on Church Street, a total of 15 stalls of Wednesday 8:00 a.m. to 1:00 p.m. parking restrictions at the Monterey County Government Center's Church Street frontage, a total of 33 on-street permit parking stalls for 7AM-7PM Mon-Fri on Church Street (4 stalls), Capitol Street (9 stalls), and Gabilan Street (20 stalls); and a total of 52 off-street stalls in the former Salinas Police Department lot to be permit parking stalls for 7AM-7PM Monday-Friday.

ID#22-008 Amendment No. 1 to Agreement for Professional Services with CSG Consultants, Inc.

Recommendation: Approve a Resolution authorizing the Mayor to execute Amendment No. 1 to the Agreement for Professional Services with CSG Consultants, Inc. to increase the total not to exceed compensation amount to $950,000.

ID#22-009 Emergency Connectivity Fund Grant Reimbursement Award Recommendation: Authorize the acceptance of the Emergency Connectivity Fund grant reimbursement award in the amount of $24,000 and the establishment of the Emergency Connectivity Fund appropriation of $24,000 and corresponding revenue budget for the purchase of laptop devices for a Public Lending Program at Salinas Public Libraries with no matching funds required.

ID#22-014 Pedestrian Crossing Enhancements; CIP 9188, HSIPL-5045(035) Recommendation: A motion to approve a Resolution:
1) Awarding a contract to Precision Grade, Inc. for the Pedestrian Crossing Enhancements Project; CIP 9188, HSIPL-5045(035), in the amount of $1,058,098.00; and,
2) Authorizing an increase of $365,00.00 to CIP 9188 appropriation and use of Measure X fund balance for construction.

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January 11, 2022City Council Meeting Agenda - Final
COUNCILMEMBERS’ REPORTS, APPOINTMENTS AND FUTURE AGENDA ITEMS Receive communication from Councilmembers on reports, appointments and future agenda items. Councilmember comments are generally limited to three minutes.

CLOSED SESSION
Receive public communications from the audience on Closed session items.

The City Council will recess to closed session pursuant to:

ID#22-013 a. Performance Evaluation and Labor - California Government Code §54957 and §54957.6, public employee performance evaluation and labor relations with unrepresented employee (City Manager)
b. Performance Evaluation and Labor - California Government Code §54957 and §54957.6, public employee performance evaluation and labor relations with unrepresented employee (City Attorney)

ADJOURNMENT
_____________________________
Elizabeth Soto, Assistant City Clerk

AGENDA MATERIAL / ADDENDUM
Any addendums will be posted within 72 hours of regular meetings or 24 hours of special meetings and in accordance with Californian Government Code Section 54954.2, unless otherwise allowed under the Brown Act. City Council agenda item reports may be viewed at the Salinas City Clerk’s Office, 200 Lincoln Avenue, Salinas, and are posted on the City’s website at www.cityofsalinas.org via the hyperlinks provided on the agenda. The City Council may take action that is different than the proposed action reflected on the agenda.

Disability-related modification or accommodation, including auxiliary aids or services, may be requested by any person with a disability who requires a modification or accommodation in order to participate in the meeting. Requests should be referred to the City Clerk’s Office At 200 Lincoln Avenue, Salinas, 758-7381, as soon as possible but by no later than 5 p.m. of the last business day prior to the meeting. Hearing impaired or TTY/TDD text telephone users may contact the city by dialing 711 for the California Relay Service (CRS) or by telephoning any other service providers’ CRS telephone number.

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January 11, 2022City Council Meeting Agenda - Final

PUBLIC NOTIFICATION
This agenda was posted on Wednesday, January 5, 2022 at the City Clerk’s Office, in the Council Rotunda, and the City's website.

Meetings are streamed live at https://salinas.legistar.com/Calendar.aspx and televised live on Channel 25 at 4 p.m. on the date of the regularly scheduled meeting and will be broadcast throughout the day on the Wednesday, Friday, Saturday and Monday following the meeting. For the most up-to-the-minute Broadcast Schedule for The Salinas Channel on Comcast 25, please visit or subscribe to our Google Calendar located at http://tinyurl.com/salinas25. Recent City Council meetings may also be viewed on the Salinas Channel on YouTube at http://www.youtube.com/thesalinaschannel.

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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-010, Version: 1
Redistricting Salinas 2021 - Public Hearing #2
Consider the 2020 Census population deviations, review Plan 1 and Plan 2, receive public input and provide direction to staff.

City of Salinas Printed on 1/5/2022Page 1 of 1
powered by Legistar™

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: JANUARY 11, 2022
DEPARTMENT: ADMINISTRATION
FROM: Patricia M. Barajas, City Clerk
Christopher A. Callihan, City Attorney
Lapkoff & Gobalet Demographers
TITLE: REDISTRICTING SALINAS PUBLIC HEARING #2

RECOMMENDED MOTION:

No recommended motion. Consider the 2020 Census population deviations , proposed draft map plans and provide direction to staff.

RECOMMENDATION:

Consider the 2020 Census population deviations, proposed draft map plans and provide direction to staff.

EXECUTIVE SUMMARY:

Every ten years upon the release of the decennial census data, the City of Salinas shall adjust the boundaries of any or all its six (6) City Council Districts based on the new census data and criteria set forth in state law and the City Charter. Pursuant to Salinas Charter Article 2, Section 2.4, the City Council must adjust the boundaries so that each district shall be nearly equal in population according to the lat est federal decennial census. A new state law (the FAIR MAPS act) requires that the city hold at least four public hearings , even if the Council retains the current election districts.

Our demographers have determined that the official (California Statewide Database) counts show that our Council districts are still sufficiently equal in total population that they can be used until after the 2030 U.S. Census. Election district population s do not need to be exactly equal. Some leeway is permitted: a deviation of up to 10 percent from the ideal district population is permitted between the most and least populated council districts. In our case, the current plan’s deviation is

7.3 percent. Thus, there is no imperative to change council districts in order to balance the council district populations.

BACKGROUND:

Every 10 years, cities must redistrict (adjust Council District boundaries to equalize total populations) using the new Census counts and cities must adopt new boundaries before April 17, Page | 2
2022. Any new council districts will be used until Census 2030 data are released and incumbents will complete their terms of office even if they no longer live in the district they were elected to represent.

The City Council held its first public hearing on October 12, 2021, f ollowing receipt of updated population data from the 2020 Census . Council received information regarding the red istricting process, state law requirements and population data deviations. Council Districts’ 2020 populations need to be nearly equal and deal district population must be 1/6 of the city’s 2020 Census population. The City of Salinas = 164,232 total population; 1/6 of the total is 27,372, for an ideal district population. Plan deviation is the difference between the least and most populous districts, divided by the ideal district size, 10% deviation is permitted = 2,737 persons (27,372 x 10%). The City of Salinas has a 7.3 percent population deviation.

At its October 12, 2021 the City Council requested a reduction in District 5’s population and a more identifiable districts southern boundary.

Lapkoff & Gobalet Demographers, Inc has developed Plan 1 and Plan 2 for City Council and public review and input.

Plan 1
Most of the southern boundary of District 5 is along Larkin Street with the railroad tracks boundary between District 3 and District 4 with a Plan deviation of 6.6%.

Plan 2
Requires more change to make boundaries easily recognizable and to keep neighborhoods/communities of interest intact to the extent possible. Additional differences include changes along East Alvin Drive from District 6 to District 4; District 1 to District 6 boundary along Boronda Road; District 4 to District 1 along N. Sanborn Road; and a population balance between District 2 and District 1 along Garner Avenue, Towt Street and Del Monte Avenue. Plan deviation of 6.0%. See attachment.

The City Council must conduct two more public hearing which are scheduled for February 1, 2022, and March 8, 2022, at which time the Council may adopt a plan.

CEQA CONSIDERATION:

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

The redistricting process supports the City’s goals by continuing to address the quality of life of all residents and long-term community investment.

DEPARTMENTAL COORDINATION:

The City Clerk’s Office will work in coordination with City Attorney’s office, the GIS Administrator and with direction from the demographers to ensure compliance with all local, state Page | 3
and federal requirements. Additionally, staff will work with the various city department to support public engagement and participation efforts.

FISCAL AND SUSTAINABILITY IMPACT:

In February 2021 the City Council approved a professional services agreement with Lapkopff & Gobalet Demographers and appropriated $100,000 to cover the cost of a Redistricting Consultant and expenses thereof. No additional fiscal impacts have been identified at this time.

ATTACHMENTS:

Plan 1
Plan 2
PowerPoint
Redistricting Public Hearing #2City of SalinasJANUARY 11, 2022 S h e l l e y L a p k o f f, P h . D . & J e a n n e G o b a l e t , P h . D .L A P K O F F & G O B A L E T D E M O G R A P H I C R E S E A R C H , I N C .www.demographers.comOakland and Saratoga, California

LGDR’s agenda for this presentationWhat is redistricting? Current Council DistrictsReview of legal requirementsDraft Plan1 Draft Plan 2TimelineDirections for demographer2 What is Redistricting?Every 10 years, cities must redistrict (adjust Council District boundaries to equalize total populations) using the new Census countsFederal and state laws applyCities must adopt new boundaries before April 17, 2022The new council districts will be used until Census 2030 data are releasedIncumbents will complete their terms of office even if they no longer live in the district they were elected to represent 3 Current City Council Districts
4 Legal guidelines that demographers follow:
5 Federal Law & Supreme Court Decisions: •Population equality•Voting Rights Act•No Racial GerrymanderingCalifornia Fair Maps Act (AB 849, 2019), as amended byAB 1276 (2020):•Redistricting criteria•Public outreach #1 Redistricting Priority: Population EqualityCouncil Districts’ 2020 populations need to be nearly equal (some leeway is permitted)Ideal district population = 1/6 of the city’s 2020 Census populationCity of Salinas = 164,232 total population; 1/6 of the total is 27,372, the ideal district populationPlan deviation = Difference between the least and most populous districts, divided by the ideal trustee size10% deviation is permitted = 2,737persons (27,372 x 10%) 7 Current Council District Populations(Official 2020 Redistricting Data)2011 District2020 PopulationDeviation% Deviation1 26,840-532 -1.9%2 27,079-293 -1.1%3 27,177-195 -0.7%4 26,955-417 -1.5%5 28,834 1,462 5.3%6 27,347-25 -0.1%Total 164,232 1,994 7.3%Ideal Population27,372Using official redistricting data from California Statewide Database City of Salinas 2012 Plan - Population Balance

1.Encourage residents to participate in the redistricting process by Maintaining a redistricting website for 10 yearsProviding translation services upon requestOffering multiple ways for the public to provide testimony and feedback (in writing and electronically)Provide public access to demographic/mapping data and software California’s FAIR MAPS Act (AB 849, 2019) applies to cities and counties. It requires that cities:
8 2. Hold at least 4 public hearings, with specific protocols:a. Hold at least one meeting before demographers begin to draft mapsb. Hold at least one meeting after 6 pm or on a weekendc. Redistricting Meetings have definite start times (time certain)d. 5-day notice for public hearings; adopted plan must be published and available 7 days prior to adoption California’s FAIR MAPS Act (AB 849, 2019) - continued The law requires that cities:
9 1.Federal Law (population equality, Voting Rights Act)2.Geographical contiguity3.Geographic integrity of communities of interest (especially do not split communities of protected groups)4.Easily identifiable and understood boundaries5.Geographic compactness6.No political party considerations FAIR MAPS Act criteria, in order of priority, that should/should not be used during plan drawing 10 Plan 1 – Minimum ChangeAt the first public hearing (Oct. 12), Council members asked that we reduce District 5’s population and make that district’s southern boundary more identifiableSouthern boundary of D5 is different:Most of this boundary is Larkin StreetThe railroad tracks are the boundary between D3 and D4Plan deviation is 6.6%11 12 Plan 1 –the current Council district boundaries are adjusted in two places:•Larkin Street is most of D5’s southern boundary•The railroad tracks are the boundary between D3 and D4 13 DistrictTotal PopulationLatino/ Hispanic White Black Asian OtherTotal DistrictTotal PopulationLatino/ Hispanic White Black Asian Other 26,84091%3%1%4%1%100%18,67781%n/an/a5%n/a27,07993%3%0%2%1%100%28,15985%n/an/a3%n/a27,00258%30%2%7%3%100%314,75341%n/an/a5%n/a28,64484%8%2%5%2%100%410,28970%n/an/a5%n/a27,32080%11%2%5%2%100%59,97664%n/an/a5%n/a27,34772%12%2%13%2%100%613,70163%n/an/a8%n/aTotal164,23280%11%1%6%2%100%Total65,55565%n/an/a5%n/a 17,89989%4%1%5%1%100%15,81479%n/an/a6%n/a18,51092%3%0%3%1%100%25,21584%n/an/a3%n/a20,54452%35%2%7%3%100%311,81538%n/an/a5%n/a20,18680%10%2%5%2%100%47,06067%n/an/a5%n/a19,15075%14%2%6%2%100%56,96560%n/an/a5%n/a20,31568%14%2%14%2%100%610,37562%n/an/a8%n/aTotal116,60476%14%2%7%2%100%Total47,24461%n/an/a6%n/aDistrictTotal Pop Deviation % Deviation7,49977%9%2%9%4%100%126,840-532-1.9%6,17085%9%1%2%3%100%227,079-293-1.1%16,14941%46%2%7%5%100%327,002-370-1.4%10,28166%19%3%7%5%100%428,6441,2724.6%12,79656%27%4%8%5%100%527,320-52-0.2%15,27559%19%3%14%4%100%627,347-25-0.1%Total68,17060%25%3%8%4%100%Total164,232Ideal27,3721,8046.6% Total Population PercentagesAge 18+ (Voting Age) Population PercentagesCitizens of Voting Age (CVAP) Percentages City of Salinas Plan 1Non-HispanicRegistered VotersActual VotersNon-HispanicCity of Salinas Plan 1 Plan 2•More changes to make boundaries more easily recognizable and to keep neighborhoods/communities of interest intact to the extent possible•Plan deviation 6.0%•Four additional differences (from Plan 1)oD6 to D4 – East Alvin DriveoD1 to D6 boundary – Boronda Ave (Creekbridge kept intact)oD4 to D1 – Uses N. Sanborn RdoD2 to D1 – for population balance, Garner-Towt-Del Monte14 15 Plan 2Based on Plan 1, with four additional changes:Boundary between D6 to D4 is East Alvin DriveD1/D6 boundary is Boronda Rd. (keeping Creekbridge intact)D4/D2 boundary is N. Sanborn RdD2/D1 boundary is Garner-Towt-Del Monte (for population balance) 16 DistrictTotal PopulationLatino/ Hispanic White Black Asian OtherTotal DistrictTotal PopulationLatino/ Hispanic White Black Asian Other 126,82293%3%1%3%1%100%17,94283%n/an/a4%n/a228,47394%3%0%2%1%100%28,90585%n/an/a3%n/a327,00258%30%2%7%3%100%314,75341%n/an/a5%n/a427,51982%9%2%5%2%100%410,13969%n/an/a5%n/a527,32080%11%2%5%2%100%59,97664%n/an/a5%n/a6 27,096 71% 12% 2% 13% 2% 100% 6 13,840 62% n/a n/a 9% n/aTotal164,23280%11%1%6%2%100%Total65,55565%n/an/a5%n/a 117,76791%3%1%4%1%100%15,20381%n/an/a5%n/a219,49193%3%0%3%1%100%25,75284%n/an/a3%n/a320,54452%35%2%7%3%100%311,81538%n/an/a5%n/a419,48279%11%2%6%2%100%47,00667%n/an/a5%n/a519,15075%14%2%6%2%100%56,96560%n/an/a5%n/a620,17067%14%2%15%2%100%610,50361%n/an/a9%n/aTotal116,60476%14%2%7%2%100%Total47,24461%n/an/a6%n/a DistrictTotal Pop Deviation % Deviation17,02379%8%2%8%3%100%126,822-550-2.0%26,69985%9%1%2%4%100%228,4731,1014.0%316,14941%46%2%7%5%100%327,002-370-1.4%410,34365%20%3%7%5%100%427,5191470.5%512,79656%27%4%8%5%100%527,320-52-0.2%6 15,160 59% 19% 4% 14% 4% 100% 6 27,096 -276 -1.0%Total68,17060%25%3%8%4%100%Total164,232Ideal27,3721,6516.0% Total Population PercentagesAge 18+ (Voting Age) Population PercentagesCitizens of Voting Age (CVAP) Percentages City of Salinas Plan 2Non-HispanicRegistered VotersActual VotersNon-HispanicCity of Salinas Plan 2 Timeline3rdpublic hearing scheduled for February 1 4thpublic hearing scheduled for March 8 Council may adopt a plan at this meeting17 Discussion/QuestionsDirections for Demographer
Union Pacific RR
3 -1.4%
1 -1.9%
6 -0.1%
4 4.6%
2 -1.1%
5 -0.2%
101
101
68 101

OLD STAGE RD

WILLIAMS RD

ALISAL RD

E BORONDA RD

HARKINS RD

SAN JUAN GRADE RD

NATIVIDAD RD

CONSTITUTION BLVD

E ALISAL ST

SHERWOOD DR

RUSSELL RD

N DAVIS RD

W BLANCO RD
N M
AIN ST

E LAUREL DR

N SANBORN RD

HARRIS RD

ROY DIAZ ST

E MARKET ST

HANSEN ST

BARDIN RD

BORONDA RD

AIRPORT BLVD
ABBO
TT ST
183

JOHN ST

DAVIS RD

FREEDOM PKY

FRONT ST

W ALISAL ST

E BERNAL DR

SALINAS ST
S SA

NBORN RD

W LAUREL DR
M

ONTEREY ST

E ROSSI ST

TRAFFIC CIRJAMES ST

ESPINOSA RD
Lapkoff & Gobalet Demographic Research, Inc. 12/28/21
www.Demographers.com
City of Salinas
Plan Adopted Feb 7, 2012 (color-shaded)
Plan 1 (black line)

W ROSSI ST

LARKIN ST

E ALVIN ST

NANTUCK

ET BLVD
DEL M

ONTE AVE

SCONBERG PKWY
TOW
T ST

RICO ST

CASENTINI

RAINIER DR

LINWOOD DR
Legend
US Street
Railroad
Plan 1
Feb 7, 2012
Trustee Area 1
Trustee Area 2
Trustee Area 3
Trustee Area 4
Trustee Area 5
Trustee Area 6
Plan Adopted
©2021 CALIPER; ©2020 HERE
District
Total
Population
Latino/
Hispanic White Black Asian Other Total District
Total
Population
Latino/
Hispanic White Black Asian Other

1 26,840 91% 3% 1% 4% 1% 100% 1 8,677 81% n/a n/a 5% n/a 2 27,079 93% 3% 0% 2% 1% 100% 2 8,159 85% n/a n/a 3% n/a 3 27,002 58% 30% 2% 7% 3% 100% 3 14,753 41% n/a n/a 5% n/a 4 28,644 84% 8% 2% 5% 2% 100% 4 10,289 70% n/a n/a 5% n/a 5 27,320 80% 11% 2% 5% 2% 100% 5 9,976 64% n/a n/a 5% n/a 6 27,347 72% 12% 2% 13% 2% 100% 6 13,701 63% n/a n/a 8% n/a Total 164,232 80% 11% 1% 6% 2% 100% Total 65,555 65% n/a n/a 5% n/a

1 17,899 89% 4% 1% 5% 1% 100% 1 5,814 79% n/a n/a 6% n/a 2 18,510 92% 3% 0% 3% 1% 100% 2 5,215 84% n/a n/a 3% n/a 3 20,544 52% 35% 2% 7% 3% 100% 3 11,815 38% n/a n/a 5% n/a 4 20,186 80% 10% 2% 5% 2% 100% 4 7,060 67% n/a n/a 5% n/a 5 19,150 75% 14% 2% 6% 2% 100% 5 6,965 60% n/a n/a 5% n/a 6 20,315 68% 14% 2% 14% 2% 100% 6 10,375 62% n/a n/a 8% n/a Total 116,604 76% 14% 2% 7% 2% 100% Total 47,244 61% n/a n/a 6% n/a District Total Pop Deviation % Deviation
1 7,499 77% 9% 2% 9% 4% 100% 1 26,840 ‐532 ‐1.9%
2 6,170 85% 9% 1% 2% 3% 100% 2 27,079 ‐293 ‐1.1%
3 16,149 41% 46% 2% 7% 5% 100% 3 27,002 ‐370 ‐1.4%
4 10,281 66% 19% 3% 7% 5% 100% 4 28,644 1,272 4.6%
5 12,796 56% 27% 4% 8% 5% 100% 5 27,320 ‐52 ‐0.2%
6 15,275 59% 19% 3% 14% 4% 100% 6 27,347 ‐25 ‐0.1%
Total 68,170 60% 25% 3% 8% 4% 100% Total 164,232
Ideal 27,372 1,804 6.6%
Total Population Percentages
Age 18+ (Voting Age) Population Percentages
Citizens of Voting Age (CVAP) Percentages
City of Salinas Plan 1
Non‐Hispanic
Registered Voters
Actual Voters
Non‐Hispanic
City of Salinas Plan 1
Union Pacific RR
3 -1.4%
1 -2.0%
6 -1.0%
4 0.5%
2 4.0%
5 -0.2%
101
101
68 101

OLD STAGE RD

WILLIAMS RD

ALISAL RD

E BORONDA RD

HARKINS RD

SAN JUAN GRADE RD

NATIVIDAD RD

CONSTITUTION BLVD

E ALISAL ST

SHERWOOD DR

RUSSELL RD

N DAVIS RD

W BLANCO RD
N M
AIN ST

E LAUREL DR

N SANBORN RD

HARRIS RD

ROY DIAZ ST

E MARKET ST

HANSEN ST

BARDIN RD

BORONDA RD

AIRPORT BLVD
ABBO
TT ST
183

JOHN ST

DAVIS RD

FREEDOM PKY

FRONT ST

W ALISAL ST

E BERNAL DR

SALINAS ST

W LAUREL DR
M

ONTEREY ST

E ROSSI ST

FAIRVIEW AVE

JAMES ST

ESPINOSA RD
Lapkoff & Gobalet Demographic Research, Inc. 12/30/21
www.Demographers.com
City of Salinas
Plan Adopted Feb 7, 2012 (color-shaded)
Plan 2 (black line)

W ROSSI ST

LARKIN ST

E ALVIN ST

NANTUCK

ET BLVD

SCONBERG PKWY

TOWT ST

RICO ST

CASENTINI

RAINIER DR

LINWOOD DR
DEL M

ONTE AVE

GARNER AVE
Legend
US Street
Railroad
Plan 2
Feb 7, 2012
Trustee Area 1
Trustee Area 2
Trustee Area 3
Trustee Area 4
Trustee Area 5
Trustee Area 6
Plan Adopted
©2021 CALIPER; ©2020 HERE
District
Total
Population
Latino/
Hispanic White Black Asian Other Total District
Total
Population
Latino/
Hispanic White Black Asian Other

1 26,822 93% 3% 1% 3% 1% 100% 1 7,942 83% n/a n/a 4% n/a 2 28,473 94% 3% 0% 2% 1% 100% 2 8,905 85% n/a n/a 3% n/a 3 27,002 58% 30% 2% 7% 3% 100% 3 14,753 41% n/a n/a 5% n/a 4 27,519 82% 9% 2% 5% 2% 100% 4 10,139 69% n/a n/a 5% n/a 5 27,320 80% 11% 2% 5% 2% 100% 5 9,976 64% n/a n/a 5% n/a 6 27,096 71% 12% 2% 13% 2% 100% 6 13,840 62% n/a n/a 9% n/a Total 164,232 80% 11% 1% 6% 2% 100% Total 65,555 65% n/a n/a 5% n/a

1 17,767 91% 3% 1% 4% 1% 100% 1 5,203 81% n/a n/a 5% n/a 2 19,491 93% 3% 0% 3% 1% 100% 2 5,752 84% n/a n/a 3% n/a 3 20,544 52% 35% 2% 7% 3% 100% 3 11,815 38% n/a n/a 5% n/a 4 19,482 79% 11% 2% 6% 2% 100% 4 7,006 67% n/a n/a 5% n/a 5 19,150 75% 14% 2% 6% 2% 100% 5 6,965 60% n/a n/a 5% n/a 6 20,170 67% 14% 2% 15% 2% 100% 6 10,503 61% n/a n/a 9% n/a Total 116,604 76% 14% 2% 7% 2% 100% Total 47,244 61% n/a n/a 6% n/a District Total Pop Deviation % Deviation
1 7,023 79% 8% 2% 8% 3% 100% 1 26,822 ‐550 ‐2.0%
2 6,699 85% 9% 1% 2% 4% 100% 2 28,473 1,101 4.0%
3 16,149 41% 46% 2% 7% 5% 100% 3 27,002 ‐370 ‐1.4%
4 10,343 65% 20% 3% 7% 5% 100% 4 27,519 147 0.5%
5 12,796 56% 27% 4% 8% 5% 100% 5 27,320 ‐52 ‐0.2%
6 15,160 59% 19% 4% 14% 4% 100% 6 27,096 ‐276 ‐1.0%
Total 68,170 60% 25% 3% 8% 4% 100% Total 164,232
Ideal 27,372 1,651 6.0%
City of Salinas Plan 2
Non‐Hispanic
Registered Voters
Actual Voters
Non‐Hispanic
City of Salinas Plan 2
Total Population Percentages
Age 18+ (Voting Age) Population Percentages
Citizens of Voting Age (CVAP) Percentages
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-004, Version: 1
2021 Weed Abatement Program
Approve a Resolution approving the 2021 Weed Abatement charges and collection of the unpaid charges from the property owners.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: JANUARY 11, 2022
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: MEGAN HUNTER, COMMUNITY DEVELOPMENT DIRECTOR
BY: ALEXIS MEJIA, ADMINISTRATIVE AIDE
THROUGH: LORENZO SANCHEZ, CODE ENFORCEMENT MANAGER
TITLE: 2021 WEED ABATEMENT PROGRAM

RECOMMENDED MOTION:

A motion to approve the attached resolution approving the 2021 Weed Abatement charges and collect the unpaid charges from the property owners.

RECOMMENDATION:

Staff recommends that Council approve the proposed resolution approving charge s for the abatement of weeds on four properties within the City of Salinas, as listed in Exhibit A, and direct the Finance Director to collect the charges from the property owners.

BACKGROUND:

Section 14-28 of the City Code requires a public hearing to review the Weed Abatement Program and the work performed. The Weed Abatement program provides a vital community service that eliminates dangerous conditions, enhances public safety, and eliminates visual blight in neighborhoods at a very reasonable cost to the City, as well as to property owners. The hearing allows Council to consider all protests and objections from property owners whose properties were cleared of weeds by the City.

DISCUSSION

At the commencement of the weed abatement season, 170 previously identified properties to be in violation were sent a warning notice advising to clear potential fire hazards from the property. Of those 170, 86 properties were ordered to clear fire hazards that were present at the time of inspection. All but four property owners complied with the City's requests. The City abated weeds on the four (4) parcels listed in the attached Exhibit A, and abatement costs in the amount of $3,600.00 have been paid from the General Fund . The property owners have not paid and have been notified of their total charges, which include a 25% administrative fee as outlined in Exhibit Page | 2
A and summarized in the table below. Property owners were also notified 10 days in advance of this public hearing.

Charges Paid Outstanding
Abatement Amount $ 3,600.00 $ - $ 3,600.00 25% Admin. Fee $ 900.00 $ - $ 900.00 Citations Issued $ 300.00 $ - $ 300.00 Total $ 4,800.00 $ - $ 4,800.00

CEQA CONSIDERATION:

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

DEPARTMENTAL COORDINATION:

Implementation of this program and assessment of the charges is a collaborative effort among the Community Development Department (Code Enforcement Division), Fire Department, Finance Department, and City Attorney’s Office.

STRATEGIC PLAN INITIATIVE:

The Weed Abatement Program promotes the City Council’s initiative of promoting “Operational Efficiencies” and “Public Safety” by conducting pro-active outreach to reduce community blight, and by elimination of hazardous fire conditions.

FISCAL AND SUSTAINABILITY IMPACT:

Upon approval of this report, the Finance Director will provide notice to the tax collector that the special assessment of the unpaid balance should be imposed against each of the properties with outstanding fines at the same time and in the same manner as ordinary municipal taxes. Adoption of the Resolution directs the Finance Director to assess the subject properties in July of each fiscal year, and reimbursement will close these cases in their entirety.

ATTACHMENTS:

Resolution
Exhibit A – Weed Abatement Charges for 2021
Public Hearing Notice to Property Owners

1 RESOLUTION NO. ________________ (N.C.S.)

A RESOLUTION CONFIRMING 2021 WEED ABATEMENT WORK AND CHARGES

AND ESTABLISHING LIENS ON PROPERTY FOR UNPAID CHARGES

WHEREAS, the Director of the Community Development Department, acting on behalf of Code Enforcement, has filed with the Salinas City Council her report on weed abatement work for the calendar year 20 21 performed in the City of Salinas, together with the charges of doin g said work, attached hereto and designated as Exhibit “A”, in accordance with the provisions of Chapter 14, Article II, of the Salinas City Code; and

WHEREAS, the public hearing was set for Tuesday, the 11th day of January 2022, at the hour of 4:00 p.m. of said day, at the City of Salinas Rotunda located at 200 Lincoln Ave., Salinas, California, as the time and place for a public hearing upon the matter of said report and work done thereunder and the charges contained therein; and

WHEREAS, notice of the time and place of said hearing has been given as required by the provisions of Chapter 14, Article II, of the Salinas City Code; and

WHEREAS, the Council hereby finds and determines that all protests and objections to said report and work done thereunder should be rejected and denied.

NOW, THEREFORE, BE IT RESOLVED by the Salinas City Council:

1. That all protests and objections presented at said hearing are hereby rejected and denied and the “Weed Abatement Report” attached hereto as Exhibit A is hereby confirmed in full.

2. That, pursuant to Salinas Municipal Code Section 14-30, the amount of all charges and costs that remain unpaid, shall be entered upon the assessment roll, to be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure for sale and in case of delinquency as provided for in ordinary municipal taxes.

PASSED AND APPROVED this 11th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

________________________
Kimbley Craig, Mayor
ATTEST:

_________________________
Patricia M. Barajas, City Clerk

EXHIBIT A
(PAGE 1 OF 1)
WEED ABATEMENT CHARGES FOR 2021
Parcel Number Owner of Record Amount
002-643-009-000 ADVANTAGE RENTAL HOLDINGS LLC Abatement Amount: 1,600.00$ 225 SAN JUAN DR 225 SAN JUAN DR 25% Admin. Fee: 400.00$ (District 3)
Total Paid: -$
Total Due: 2,000.00$
Total outstanding: 2,000.00$
Parcel Number Owner of Record Amount
261-373-026-000 VANESSA A BAUTISTA Abatement Amount: 850.00$ 384 MENDOCINO DR 384 MENDOCINO DR 25% Admin. Fee: 212.50$ (District 6)
Total Paid: -$
Total Due: 1,062.50$
Total outstanding: 1,062.50$
Parcel Number Owner of Record Amount
016-022-003-000 OBED STRATEGIC INVESTMENTS LLC Abatement Amount: 750.00$ 787 CENTRAL AVE 8950 CYPRESS WATERS BLVD 25% Admin. Fee: 187.50$ (District 3) COPPELL, TX 75019 Cite Issued 6/2/21 100.00$ Cite Issued 6/15/21 200.00$
Total Paid: -$
Total Due: 1,237.50$
Total outstanding: 1,237.50$
207-153-008-000 EMILY M PAZ Abatement Amount: 400.00$
1219 PASATIEMPO WY 1219 PASATIEMPO WY 25% Admin. Fee: 100.00$ (District 3)
Total Paid: -$
Total Due: 500.00$
Total outstanding: 500.00$

COMMUNITY DEVELOPMENT DEPARTMENT - CODE ENFORCEMENT
65 W. Alisal Street, 1st Floor • Salinas, California 93901 (831) 758-7157 • (831) 758-7938 • www.cityofsalinas.org December 17, 2021

ADVANTAGE RENTAL HOLDINGS LLC
225 SAN JUAN DR
SALINAS, CA 93901

Re: Notice of Public Hearing for Weed Abatement Charges Site Address: 225 SAN JUAN DR, SALINAS, CA 93901
Site APN: 002-643-009-000
Dear Property Owner:

As indicated in prior notices, the City of Salinas removed materials or growths from your property, which constituted a fire menace. The City incurred certain costs to perform that work and is now proceeding to recover those costs from you.

This letter is to serve as notice pursuant to Salinas City Code Section 14-28, that the Salinas City Council will hold a public hearing on January 11, 2022, in the Council Chambers located at 200 Lincoln Avenue, Salinas, California, to review the 2021 Weed Abatement Program. At this hearing, the City Council will be asked to review and to approve the costs incurred by the City to remove hazardous materials or growths, in the amount of $ 2,000.00, for the removal and the collection of hazardous material s or growths from your property. Please understand that additional charges may be assessed against you for administrative expenses incurred in connection with the removal of materials or growths from your property and the collection thereof. Should the Council approve the abatement charges, you will have 30 days to remit this amount to the City or additional action will be taken by the City against you to recover these costs.

You may file a written protest or objection to the proposed abatement charges with the City Council. Such written protest must be submitted to the City Clerk, located at 200 Lincoln Avenue in Salinas, no later than January 11, 2022. Late protests or objections will not be considered. You may also appear at the January 11, 2022 public hearing and voice your protest or objection directly to the City Council.

Should you have questions regarding the proposed charges, please call Alexis Mejia at (831) 758-7467.

Sincerely,

Megan Hunter
Director of Community Development

cc: City Manager
Finance Director
City Attorney

COMMUNITY DEVELOPMENT DEPARTMENT - CODE ENFORCEMENT
65 W. Alisal Street, 1st Floor • Salinas, California 93901 (831) 758-7157 • (831) 758-7938 • www.cityofsalinas.org 17 de diciembre, 2021

ADVANTAGE RENTAL HOLDINGS LLC
225 SAN JUAN DR
SALINAS, CA 93901

Re: Aviso de audiencia pública para cargos por reducción de malezas Dirección del sitio: 225 SAN JUAN DR, SALINAS, CA 93901 Site APN: 002-643-009-000

Estimado propietario:

Como se indicó en avisos anteriores, la Ciudad de Salinas retiró materiales o crecimientos de su propiedad, lo que constituía una amenaza de incendio. La Ciudad incurrió ciertos costos para realizar ese trabajo y ahora está procediendo a recuperar esos costos de usted.

Esta carta sirve como aviso de conformidad c on la Sección 14-28 del Código de la Ciudad de Salinas, y el Concejo de la Ciudad de Salinas llevará a cabo una audiencia pública el 11 de enero del 2022, en las Cámaras del Concejo ubicadas en 200 Lincoln Avenue, Salinas, California, para revisar el programa de reducción de malezas 2021. En esta audiencia, se le pedirá al Concejo Municipal que revise y apruebe los costos incurridos por la Ciudad para remover materiales o crecimientos peligrosos, por un monto de $ 2,000.00, por la remoción y recolección de materiales o crecimientos peligrosos de su propiedad. Por favor, comprenda que se pueden imponer cargos adicionales en su contra por los gastos administrativos incurridos en relación con la remoción de materiales o crecimiento s de su propiedad y la recolección de los mismos. Si el Concejo aprueba los cargos de reducción, usted tendrá 30 días para remitir esta cantidad a la Ciudad o la Ciudad tomará medidas adicionales en su contra para recuperar estos costos.

Puede presentar una protesta o objeción por escrito a los cargos de reducción propuestos ante el Concejo Municipal. Dicha protesta por escrito debe presentarse a la secretaria de la Ciudad, ubicado en 200 Lincoln Avenue en Salinas, a más tardar el 11 de enero del 2022. No se considerarán protestas o objeciones tardías.

También puede presentarse en la audiencia pública del 11 de enero de1 2022 y expresar su protesta o objeción directamente al Concejo Municipal.

Si tiene preguntas sobre los cargos propuestos, llame a Alexis Mejia al (831) 758-7467.

Atentamente,

Megan Hunter
Director of Community Development

cc: City Manager
Finance Director
City Attorney

COMMUNITY DEVELOPMENT DEPARTMENT - CODE ENFORCEMENT
65 W. Alisal Street, 1st Floor • Salinas, California 93901 (831) 758-7157 • (831) 758-7938 • www.cityofsalinas.org December 17, 2021

VANESSA A BAUTISTA & SANTOS BAUTISTA
384 MENDOCINO DR
SALINAS, CA 93906

Re: Notice of Public Hearing for Weed Abatement Charges Site Address: 384 MENDOCINO DR, SALINAS, CA 93906
Site APN: 261-373-026-000
Dear Property Owner:

This letter is to serve as notice pursuant to Salinas City Code Section 14-28, that the Salinas City Council will hold a public hearing on January 11, 2022, in the Council Chambers located at 200 Lincoln Avenue, Salinas, California, to review the 2021 Weed Abatement Program. At this hearing, the City Council will be asked to review and to approve the costs incurred by the City to remove hazardous materials or growths, in the amount of $ 1,062.50, for the removal and the collection of hazardous material s or growths from your property. Please understand that additional charges may be assessed against you for administrative expenses incurred in connection with the removal of materials or growths from your property and the collection thereof. Should the Council approve the abatement charges, you will have 30 days to remit this amount to the City or additional action will be taken by the City against you to recover these costs.

Should you have questions regarding the proposed charges, please call Alexis Mejia at (831) 758-7467.

Sincerely,

Megan Hunter
Director of Community Development

cc: City Manager
Finance Director
City Attorney

COMMUNITY DEVELOPMENT DEPARTMENT - CODE ENFORCEMENT
65 W. Alisal Street, 1st Floor • Salinas, California 93901 (831) 758-7157 • (831) 758-7938 • www.cityofsalinas.org 17 de diciembre, 2021

VANESSA A BAUTISTA & SANTOS BAUTISTA
384 MENDOCINO DR
SALINAS, CA 93906

Re: Aviso de audiencia pública para cargos por reducción de malezas Dirección del sitio: 384 MENDOCINO DR, SALINAS, CA 93906 Site APN: 261-373-026-000

Estimado propietario:

Esta carta sirve como aviso de conformidad c on la Sección 14-28 del Código de la Ciudad de Salinas, y el Concejo de la Ciudad de Salinas llevará a cabo una audiencia pública el 11 de enero del 2022, en las Cámaras del Concejo ubicadas en 200 Lincoln Avenue, Salinas, California, para revisar el programa de reducción de malezas 2021. En esta audiencia, se le pedirá al Concejo Municipal que revise y apruebe los costos incurridos por la Ciudad para remover materiales o crecimientos peligrosos, por un monto de $ 1,062.50, por la remoción y recolección de materiales o crecimientos peligrosos de su propiedad. Por favor, comprenda que se pueden imponer cargos adicionales en su contra por los gastos administrativos incurridos en relación con la remoción de materiales o crecimiento s de su propiedad y la recolección de los mismos. Si el Concejo aprueba los cargos de reducción, usted tendrá 30 días para remitir esta cantidad a la Ciudad o la Ciudad tomará medidas adicionales en su contra para recuperar estos costos.

También puede presentarse en la audiencia pública del 11 de enero de1 2022 y expresar su protesta o objeción directamente al Concejo Municipal.

Si tiene preguntas sobre los cargos propuestos, llame a Alexis Mejia al (831) 758-7467.

Atentamente,

Megan Hunter
Director of Community Development

cc: City Manager
Finance Director
City Attorney

COMMUNITY DEVELOPMENT DEPARTMENT - CODE ENFORCEMENT
65 W. Alisal Street, 1st Floor • Salinas, California 93901 (831) 758-7157 • (831) 758-7938 • www.cityofsalinas.org December 17, 2021

OBED STRATEGIC INVESTMENTS LLC
8950 CYPRESS WATERS BLVD
COPPELL, TX 75019

Re: Notice of Public Hearing for Weed Abatement Charges Site Address: 787 CENTRAL AVE, SALINAS, CA 93901
Site APN: 016-022-003-000
Dear Property Owner:

This letter is to serve as notice pursuant to Salinas City Code Section 14-28, that the Salinas City Council will hold a public hearing on January 11, 2022, in the Council Chambers located at 200 Lincoln Avenue, Salinas, California, to review the 2021 Weed Abatement Program. At this hearing, the City Council will be asked to review and to approve the costs incurred by the City to remove hazardous materials or growths, in the amount of $ 1,237.50, for the removal and the collection of hazardous material s or growths from your property. Please understand that additional charges may be assessed against you for administrative expenses incurred in connection with the removal of materials or growths from your property and the collection thereof. Should the Council approve the abatement charges, you will have 30 days to remit this amount to the City or additional action will be taken by the City against you to recover these costs.

Should you have questions regarding the proposed charges, please call Alexis Mejia at (831) 758-7467.

Sincerely,

Megan Hunter
Director of Community Development

cc: City Manager
Finance Director
City Attorney

COMMUNITY DEVELOPMENT DEPARTMENT - CODE ENFORCEMENT
65 W. Alisal Street, 1st Floor • Salinas, California 93901 (831) 758-7157 • (831) 758-7938 • www.cityofsalinas.org 17 de diciembre, 2021

OBED STRATEGIC INVESTMENTS LLC
8950 CYPRESS WATERS BLVD
COPPELL, TX 75019

Re: Aviso de audiencia pública para cargos por reducción de malezas Dirección del sitio: 787 CENTRAL AVE, SALINAS, CA 93901 Site APN: 016-022-003-000

Estimado propietario:

Esta carta sirve como aviso de conformidad c on la Sección 14-28 del Código de la Ciudad de Salinas, y el Concejo de la Ciudad de Salinas llevará a cabo una audiencia pública el 11 de enero del 2022, en las Cámaras del Concejo ubicadas en 200 Lincoln Avenue, Salinas, California, para revisar el programa de reducción de malezas 2021. En esta audiencia, se le pedirá al Concejo Municipal que revise y apruebe los costos incurridos por la Ciudad para remover materiales o crecimientos peligrosos, por un monto de $ 1,237.50, por la remoción y recolección de materiales o crecimientos peligrosos de su propiedad. Por favor, comprenda que se pueden imponer cargos adicionales en su contra por los gastos administrativos incurridos en relación con la remoción de materiales o crecimiento s de su propiedad y la recolección de los mismos. Si el Concejo aprueba los cargos de reducción, usted tendrá 30 días para remitir esta cantidad a la Ciudad o la Ciudad tomará medidas adicionales en su contra para recuperar estos costos.

También puede presentarse en la audiencia pública del 11 de enero de1 2022 y expresar su protesta o objeción directamente al Concejo Municipal.

Si tiene preguntas sobre los cargos propuestos, llame a Alexis Mejia al (831) 758-7467.

Atentamente,

Megan Hunter
Director of Community Development

cc: City Manager
Finance Director
City Attorney

COMMUNITY DEVELOPMENT DEPARTMENT - CODE ENFORCEMENT
65 W. Alisal Street, 1st Floor • Salinas, California 93901 (831) 758-7157 • (831) 758-7938 • www.cityofsalinas.org December 17, 2021

EMILY M PAZ
1219 PASATIEMPO WY
SALINAS, CA 93901

Re: Notice of Public Hearing for Weed Abatement Charges Site Address: 1219 PASATIEMPO WY, SALINAS, CA 93901
Site APN: 207-153-008-000
Dear Property Owner:

This letter is to serve as notice pursuant to Salinas City Code Section 14-28, that the Salinas City Council will hold a public hearing on January 11, 2022, in the Council Chambers located at 200 Lincoln Avenue, Salinas, California, to review the 2021 Weed Abatement Program. At this hearing, the City Council will be asked to review and to approve the costs incurred by the City to remove hazardous materials or growths, in the amount of $ 500.00, for the removal and the collection of hazardous materials or growths from your property. Please understand that additional charges may be assessed against you for administrative expenses incurred in connection with the removal of materials or growths from your property and the collection thereof. Should the Council approve the abatement charges, you will have 30 days to remit this amount to the City or additional action will be taken by the City against you to recover these costs.

Should you have questions regarding the proposed charges, please call Alexis Mejia at (831) 758-7467.

Sincerely,

Megan Hunter
Director of Community Development

cc: City Manager
Finance Director
City Attorney

COMMUNITY DEVELOPMENT DEPARTMENT - CODE ENFORCEMENT
65 W. Alisal Street, 1st Floor • Salinas, California 93901 (831) 758-7157 • (831) 758-7938 • www.cityofsalinas.org 17 de diciembre, 2021

EMILY M PAZ
1219 PASATIEMPO WY
SALINAS, CA 93901

Re: Aviso de audiencia pública para cargos por reducción de malezas Dirección del sitio: 1219 PASATIEMPO WY, SALINAS, CA 93901 Site APN: 207-153-008-000

Estimado propietario:

Esta carta sirve como aviso de conformidad c on la Sección 14-28 del Código de la Ciudad de Salinas, y el Concejo de la Ciudad de Salinas llevará a cabo una audiencia pública el 11 de enero del 2022, en las Cámaras del Concejo ubicadas en 200 Lincoln Avenue, Salinas, California, para revisar el programa de reducción de malezas 2021. En esta audiencia, se le pedirá al Concejo Municipal que revise y apruebe los costos incurridos por la Ciudad para remover materiales o crecimientos peligrosos, por un monto de $ 500.00, por la remoción y recolección de materiales o crecimientos peligrosos de su propiedad. Por favor, comprenda que se pueden imponer cargos adicionales en su contra por los gastos administrativos incurridos en relación con la remoción de materiales o crecimiento s de su propiedad y la recolección de los mismos. Si el Concejo aprueba los cargos de reducción, usted tendrá 30 días para remitir esta cantidad a la Ciudad o la Ciudad tomará medidas adicionales en su contra para recuperar estos costos.

También puede presentarse en la audiencia pública del 11 de enero de1 2022 y expresar su protesta o objeción directamente al Concejo Municipal.

Si tiene preguntas sobre los cargos propuestos, llame a Alexis Mejia al (831) 758-7467.

Atentamente,

Megan Hunter
Director of Community Development

cc: City Manager
Finance Director
City Attorney

2021 Weed Abatement Program
Code Enforcement Division
Recommended Motion:

A motion to approve the attached resolution approving
charges and establishing liens for unpaid charges as part of the 2021 Weed Abatement Program.

Lorenzo Sanchez, Code Enforcement Manager
Community Development Department
January 11, 2022
Background
 Section 14-28 of the City Code requires a public hearing to review the Weed Abatement Program and the work performed.
 The Weed Abatement program:
 eliminates dangerous conditions
 enhances public safety
 eliminates visual blight in neighborhoods
 The hearing allows Council to consider all protests and objections from property owners whose properties were abated by the City.

Due Process
 Inspections of properties that were previously put on notice for unsafe, overgrown weeds
 Notice of Violation & 10-day Abatement Notice with Administrative Citation
 If non-compliant, contact City contractor
 Notice of Pendency recorded
 Contractor completes abatement work (+25% City Administrative Fee)  Repeat violators issued Administrative Citation ($100, $200, $500) Discussion
2019 2020 2021
Weeds Cases 151 117 86
Voluntary Compliance 148 116 82
Properties Abated 3 1 4
District Total Cases Abatements
District 1 7 0
District 2 7 0
District 3 26 3
District 4 23 0
District 5 14 0
District 6 9 1
Charges Paid Outstanding
Abatement Amount $ 3,600.00 $ - $ 3,600.00 25% Admin. Fee $ 900.00 $ - $ 900.00 Citations Issued $ 300.00 $ - $ 300.00 Total $ 4,800.00 $ - $ 4,800.00 Before & After

Before & After

Recommendation
 Adopt a resolution approving $4,800.00 in charges for the abatement of weeds on a property within the City of Salinas, including administrative fees and outstanding administrative citations, and direct the Finance Director to collect those charges from the property owners.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-020, Version: 1
Fiscal Year 2021 Spendable Fund Balance
No action is required. This report is presented for informational purposes only.

City of Salinas Printed on 1/5/2022Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT
* Previously referred to as “carryover balance” internally.

DATE: JANUARY 11, 2022
DEPARTMENT: FINANCE
FROM: MARK ROBERTS, DIRECTOR OF FINANCE
TITLE: FISCAL YEAR 2021 SPENDABLE FUND BALANCE

BACKGROUND:

Each year Department of Finance staff estimates the spendable fund balance * available in the City’s General Fund, Measure E Fund, and Measure G Fund (collectively, “general funds” ) to allocate to the City’s reserves in accordance with Section II.J of the City’s “Financial Policies” document and to address other critical needs. Spendable fund balance is the unreserved cash balance resulting from prior fiscal years’ operations ( essentially, revenues minus expenditures) offset by appropriations carried forward from the prior year to the current year. Appropriations carried forward from the prior year (“carryforwards”) are subtracted from the carryover balance because those amounts, while unspent, are obligated for s pecific purposes and are not free to be allocated for others and, therefore, should not be included.

Previously, the spendable fund balance was calculated by adding:
▪ beginning unreserved cash balance for the prior fiscal year; ▪ revenues received (positive amount) and expen ses paid (negative amount) during the previous July 1st through June 30th period; and
▪ accounts payable balance (negative) as of June 30th;
then deducting:
▪ encumbrances (i.e., outstanding purchase order balances) as of June 30th and ▪ Capital Improvement Program (“CIP”) appropriations carried forward from the prior fiscal year to the current fiscal year.

Because only r evenues received during the prior fiscal year, July 1 st through June 30 th, were included, accrued revenues – revenues received after June 30 th but attributable to the prior fiscal year – were excluded from previous spendable fund balance calculations. Therefore, the totals did not include the accrued revenues for the fiscal year immediately preceding the then-current fiscal year. Instead, they included the accrued revenues for the fiscal year two years prior (to the then- current fiscal year) , essentially a one -year delay. Conversely, accrued expenditures (i.e., those attributable to the immediately prior fiscal year) were included.

Since all expenditures attributable to the prior fiscal year were previously included but all revenues were not, the previous method used to calculate spendable fund balance could be considered to Page | 2
have been inconsistent. For this reason, the calculation has been changed to include accrued revenues for the prior fiscal year.

Because the previous (i.e., Fiscal Year 2021) calculation did not include accrued revenues for the then-prior fiscal year (Fiscal Year 2020), those revenues have been included in the current fiscal year’s total. And since accrued revenues for the immediately prior fiscal year (Fiscal Year 2020) will also be included, the spendable fund balance presented for the current fiscal year is significantly higher than the total presented in previous years. It is important to note the difference is not “new” money. Instead, the apparent “spike” is a one -time occurrence resulting from the inclusion of two years’ accrued revenues. Spendable fund balance reported for the next upcoming fiscal year will normalize, returning to an amount similar to those previously repo rted, when, again, only one year’s ( i.e., the most recent year’s) accrued revenues will be included. The net effect of the change in methodology on future calculations of spendable fund balance is not expected to be significant since expenditures rarely change significantly from year to year (typically deviating by less than 5%).

DISCUSSION:

The general funds’ combined spendable fund balance for Fiscal Year 2022 is approximately $38.9M. Of the current year’s total, $20.3M represents the now-included accrued revenues from the immediately previous fiscal year, Fiscal Year 2021. And due to the exclusion of the accrued revenues for the corresponding previous fiscal year from previous balances reported, the total also includes Fiscal Year 2020 accrued revenues.

The table below compares the calculation of the spendable fund balance available for Fiscal Year 2022 including and excluding the most recent fiscal year’s (i.e., Fiscal Year 2021 ’s) accrued revenues, to illustrate the impact of the inclusion of those revenues in the calculation of the current year’s total. The table does not include the operating reserve balance, a combined $9.75M, or other reserve balances.

Estimated Spendable (Unreserved) Fund Balance

New
Calculation
Previous
Calculation Difference
Cash Balance, June 30, 2021 $42,581,000 $42,581,000 $ - Plus: Revenue Accruals 20,320,000 - 20,320,000
Less: Accounts Payable (Payments Due)
Operating (4,903,000) (4,903,000) -
CIP (429,200) (429,200) -
Less: Encumbrances
Operating (1,055,000) (1,055,000) -
CIP (1,289,000) (1,289,000) -
Less: CIP Appropriations Carried Forward (16,280,000) (16,280,000) - Spendable Fund Balance, as of June 30, 2021 $38,944,800 $18,624,800 $20,320,000 Page | 3
Although the inclusion of the most recent fiscal year’s accrued revenues has more than doubled the calculated spendable fund balance for the current fiscal year, the calculated balance would have been significantly higher than in previous years using the previous methodology. Fiscal Year 2021 revenues, especially sales -related taxes, significantly outperformed expectations, and substantial cost savings were realized in numerous expenditure accounts, particularly those in the “Salaries & Benefits” category. As shown in the table above, the Fiscal Year 2022 spendable find balance, if calculated without accrued revenues, would have been approximately reported as $18.6M, compared to $7.9M for Fiscal Year 2021.

CEQA CONSIDERATION:

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

FISCAL AND SUSTAINABILITY IMPACT:

Other than changing eliminating the one -year delay of the recognition of accrued revenues, t he change in the method used to calculate spendable fund balance has no fiscal impact. As explained above, the difference resulting from the change in the method used to calculat e spendable fund balance is not “new” money. It is the result of the inclusion of accrued revenues for the previous two fiscal years as part of the transition to a new, more consistent fo rmula which accounts for accrued revenues for the fiscal year immediately succeeding the fiscal year to which they are attributable, rather than for the following fiscal year. And spendable fund balance reported will normalize for future years.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-028, Version: 1
Implementation of the Salinas Plan
No action is required. This report is presented for informational purposes only.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: JANUARY 11, 2022
DEPARTMENT: OFFICE OF THE CITY MANAGER
FROM: STEVEN CARRIGAN, CITY MANAGER
BY: ANDREW MYRICK, SR ECONOMIC DEVELOPMENT MGR
TITLE: IMPLEMENTATION OF THE SALINAS PLAN

RECOMMENDED MOTION:

No action is required.

RECOMMENDATION:

No recommendation is provided since this Report is presented for informational purposes only.

BACKGROUND:

On December 4, 2018, the National Resource Network (NRN) presented the Salinas Plan to the City Council. The Salinas Plan is a comprehensive review of City finances and operations that utilizes a ten-year budget model to identify the fiscal challenges facing the City; specifically, the model found that the City has an on going structural budget deficit , meaning that expenditures are increasing faster than revenues (see chart below).

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Absent corrective action, the City would see increasing deficits, eventually exceeding $10 million per year by FY27 and $60 million tota l over the next ten years. Under this projection, the City would exhaust its reserves by FY23. Further, this projection assumes no additional investment by the City to help address the housing affordability crisis the City is now facing. On its current path, the City faces the steady erosion of existing services, with no additional resources available to address the housing crisis or other challenges that may arise.

To prevent this outcome, the Salinas Plan includes a list of 32 recommended initiatives that, taken together, would enable the City to maintain its fiscal solvency, core services , and strategic priorities as well as identify additional resources to address the housing crisis. These initiatives achieve this through a variety of methods, inclu ding reducing or eliminating non -core services; identifying new revenues to fund key strategic priorities; and finding efficiencies in operations to enable the City to continue to deliver key services at a lower cost. The recommendations span nearly all C ity Departments and entail sacrifices by employees, residents, and businesses – however, if completely implemented, the Salinas Plan projects that the City should be able to maintain core services, increase efficiencies, implement new and expanded initiati ves to address the housing crisis, and do so over the long-term by implementing fiscally sustainable practices.

DISCUSSION:

The Finance Department has completed processing all transactions related to the FY21 (ie July 2020 – June 2021). The Salinas Plan projected that at this point the City would have saved a total of approximately $5 million ($756,084 in FY20 and approximately $4.27 million in FY21) through implementation of Plan initiatives; in fact, the City s aved over $800,000 in FY19, nearly $1.6 million during FY20, and over $2.4 million in FY21, bringing the cumulative total to almost $4.85 million. The table below includes a list of those Salinas Plan initiatives which realized actual savings and/or were projected to accrue savings during FY21:

Projected Savings Actual Savings Projected Savings Actual Savings PS01 Staffing and Overtime Reduction $0 $731,036 $0 $2,012,271 PS03 Improve Police Department Technology $149,824 $128,446 $221,857 $238,603 SS01
Recover Full Cost of Service from
Monterey County Regional Fire District $133,419 $0 $253,084 $0 SS02 Consolidate Animal Services $72,000 $47,684 $125,000 $376,582 MC01
Eliminate Downtown Parking Fund
Deficits $243,168 $198,124 $473,001 $557,249
MC02
Eliminate General Fund Subsidy of Golf
Course Debt Service $250,000 $0 $250,000 $0
MC03 Eliminate Sherwood Hall Deficits $58,000 $0 $112,000 $0 OE01
Move Facility and Park Maintenance to
Library and Community Services $195,655 $166,340 $385,358 $166,340 OE02 Citywide Fleet Strategy $26,000 $0 $26,000 $0
WF01 Healthcare Cost Containment $642,839 $450,871 $642,839 $661,225 WF03 Eliminate Management and Flex Leave $2,100,000 $706,267 $2,100,000 $836,993 WF04
Continue to Address Workers'
Compensation Costs, Moving Towards
Sound Actuarial Funding $111,930 $0 $218,530 $0
IN02 Establish a Productivity Bank ($500,000) $0 ($1,000,000) $0 NR05 Rental Registry and Inspection Fees $791,200 $0 $1,222,450 $0 Totals $4,274,035 $2,428,768 $5,030,119 $4,849,264
Code Initiative
FY21 Cumulative
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Some items of note with regards to the table above:

- The savings from Item PS01 are primarily derived from the savings obtained by reducing the minimum staffing levels for ladder trucks within the Fire Departme nt from 4 to 3.

Beginning in February 2021, the Salinas Police Department instituted modifications to its scheduling; it is believed that these changes will, on the whole, decrease the amount of Police Department overtime. A more complete understanding of the impacts of this change are expected following an analysis of next year’s overtime data. - Although no savings are shown for Item SS01, the City of Salinas and Monterey County Regional Fire District (MCRFD) entered into a new contract that will gradually increase the amount of the annual payments received by the City for covering portions of MCRFD’s territory. The new contract was effective July 1, 2021, and savings from this action will be applied starting in FY22.
- Due to the method of accounting for Management and Flex Leave, the total savings shown in WF03 represents only a partial year of savings, as funding was allocated to cover costs associated with employee benefits provided to employees in January 2020 and pa id out through the first half of FY21. This amount is expected to increase significantly in FY22. - Although several recommendations for the Worker’s Compensation Fund have been implemented, and it is believed that the City has saved money by doing so, staf f has not yet developed a method for quantifying those savings. Once a method has been established, these actual numbers may be updated to reflect actual savings. - The Salinas Plan recommends that the City reinvest some of the savings from implementation of the Salinas Plan to fund the Productivity Bank. However, a method of funding the Productivity Bank was identified that did not require the use of General Fund revenues – as such the additional expenditure was not necessary.

In addition to the above, the implementation of the Salinas Plan has led to additional cost savings that were not specifically contemplated in the Report. For example, by enacting these and other measures to put the City on a sustainable fiscal path, the City was able to refinance s ome of its outstanding debt at lower interest rates, thus saving additional funds.

The Salinas Plan was originally presented in December of 2018. Since then, there have been major changes to the City’s financial outlook, and the world in general, over the last few years due to the COVID-19 pandemic. The City has experienced significant swings in revenues, state and federal assistance, and its expenditures, and other macroeconomic factors such as inflation, labor shortages, and supply chain disruptions cloud the long-term outlook. There is no certainty that the City’s fiscal picture will return to what it was before the pandemic – it is more likely that some sort of “new normal” will be established. It is therefore unlikely that the financial forecasts u sed to create the Salinas Plan will continue to be a useful gauge of the City’s actual structural budget deficit as the City gets further from the original presentation date.

Although the City currently faces a significant short-term budget surplus, it is improbable that the City’s long-term structural deficit has disappeared; in fact while the short -term outlook is clearly positive, this situation could change very rapidly in the future. It is essential that the City continue to find ways to address its structural budget deficit. Accordingly, staff will explore the possibility Page | 4
of performing an update to the Salinas Plan, which would look at how the pandemic has altered the City’s long -term liabilities and revisit many of the unaccomplished recommendation s to determine whether they are in fact feasible and/or desirable. Staff will return at a later date with more information on the potential scope and costs of such an update.

CEQA CONSIDERATION:

The provision of this information to the City Council is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

The Salinas Plan furthers all Council Goals (Investment Stra tegies/Risk Management; New Revenue; Operational Efficiencies; Public Safety).

DEPARTMENTAL COORDINATION:

This information was compiled with the assistance of the Finance Department and other affected City Departments.

FISCAL AND SUSTAINABILITY IMPACT:

The fiscal impacts of implementation of the Salinas Plan are described throughout this Report.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-001, Version: 1
Engineering Services for Assessment Districts
Approve a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Harris & Associates, Inc. to Provide Engineering Services for Assessment Districts Throughout the City Including: a One-Time Audit Of Existing Data, Annual Administration Services for Existing Assessment Districts, and On- Call Services Related to Formations and Annexations.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: JANUARY 11, 2022
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
THRU: HILDA GARCIA, PW ADMIN SUPERVISOR
TITLE: ENGINEERING SERVICES FOR ASSESSMENT DISTRICTS

RECOMMENDED MOTION:

A motion to approve a resolution authorizing the City Manager to execute a professional service agreement with Harris & Associates, Inc. to provide engineering services for assessment districts and approve an appropriation of $4,150 in the Airport Business Park Maintenance District Fund Other Professional Services account (2104.50.5562-63.5900).

RECOMMENDATION:

It is recommended that City Council approve a resolution 1) authorizing the City Manager to execute a professional service agreement w ith Harris & Associates , Inc. to provide engineering services for assessment districts throughout the City, including: a one-time audit of existing data, annual administration services for existing assessment districts, and on -call services related to formations and annexations; and 2) approving an appropriation of $4,150 in the Airport Business Park Maintenance District Fund Other Professional Services account (2104.50.5562-63.5900). The total not to exceed compensation amount of the agreement is $116,800 for a term of three years, with an option to extend the term for two successive periods of one year each.

EXECUTIVE SUMMARY:

There are six landscape maintenance assessment districts (“District”) within the City of Salinas that generate funds for installing , maintaining and servicing public lighting, landscaping, an d improvements in its neighborhood, via an assessment to property owners within its boundaries.

Prior to levy of assessments , an Engineer’s L evy Report is prepared annually for review an d approval. This year staff identified the need for an extensive one -time audit of each district , including its boundaries and Right of Way (“ROW”) facilities and the potential need for support services r elated to future district annexations an d formations. In October 2021 a Request for Qualifications for on-call engineering services for assessment district was published. In November 2021, two firms submitted statements of qualifications for evaluation. An evaluation committee identified the most qualified firm as Harris & A ssociates. The funds to cover the cost of the Districts’ engineering services are available, except for the Airport Business Park Maintenance District will require a transfer from its fund balance.

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BACKGROUND:

There are six landscape maintenance assessment districts within the City of Salinas that were created under the Landscaping and Lighting Act of 1972 (the “Act”), and adopted locally in Article II, Chapter 21C of the Salinas Municipal Code . The Act allows property owners to assess themselves within a specified area, or “District” to generate funds for installing, maintaining, and servicing public lighting, landscaping, and improvements in their neighborhood. The Act requires that prior to levy of assessments, an Engineer’s Annual Levy Report (“Engineer’s Reports”) be prepared for public review and Council approval. In past years, consultants have been hired by staff to compile and prepare the Engineer’s Reports required for Assessment Districts and provide related support services.

This year, staff identified the need for an extensive one -time audit of each District including boundaries and ROW facilities and potential need for support services related to District annexations and formations. Therefore, due to the additional duties being sought, staff published a Request for Qualifications (RFQ) seeking services from professional consultants.

On October 11, 2021 a n RFQ for on-call assessment district engineering services was published via the City’s online bidding portal. Services sought included: Providing on -call comprehensive engineering services, preparation of annual Engineer’s Reports and the ability to perform an extensive audit of each District’s boundaries and ROW facilities. On November 5, 2021, two firms submitted Statements of Qualifications for evaluation.

An evaluation committee comprised of three City staff members, conducted a thorough evaluation and scoring of the SOQ’s based on the criteria set forth in the RFQ. Proposals’ prices were then evaluated using the Ratio Method and a final score assigned to each respondent per facility group.

With the Ratio Method, the proposal with the lowest cost receives t he maximum points allowed.

All other proposals receive a percentage of the points available based on their cost relationship to the lowest. This method is one of three methods suggested by the State Procurement Bureau for scoring the cost portion of an RFP response. For a summary of evaluations, refer to Exhibit A.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. 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.

STRATEGIC PLAN INITIATIVE:

This item relates to the City’s Strategic Goal of improving Operational Efficiencies. An accurate assessment of the funds needed to properly maintain a District will ensure the proper amount of funds are being collected for the District to operate efficiently. The Strategic Plan can be viewed here [link].

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DEPARTMENTAL COORDINATION:

The City’s Maintenance Division oversees the maintenance contracts to ensure adequate services are being provided to the District residents. The selected firm will work with Engineering Administration to prepare the annual reports, which will establish the District’s operating budget.

During the budget preparation process Engineering and Maintenance Divisions work collaboratively to ensure the District maintains an adequate operating budget.

FISCAL AND SUSTAINABILITY IMPACT:

The cost associated with the preparation of the annual Engineer’s Reports and the one-time audit will be borne by the respective Assessment Districts. Currently, there is sufficient funds in all but the Airport Business Park Maintenance District’s operating budget to cover the cost of preparing the annual Engineer’s Report and conducting the one-time audit.

Costs associated with services related to formations, annexations and additional tasks will be borne by the requesting department.

Below is a table summarizing the proposed cost:

Airport
Business
Park
Maintenance
District
Harden
Ranch
Maintenance
District
Mira Monte
Maintenance
District
Monte Bella
Maintenance
District
North East
Area
Maintenance
District
Vista Nueva
Maintenance
District
Total
2104.50.
5562
2106.50.
5564
2108.50.
5566
2109.50.
5567
2105.50.
5563
2107.50.
5565

Annual
Administration
Services
$3,950 $4,450 $4,450 $7,450 $5,450 $3,950 $29,700
One-Time
Audit Service $1,500 $3,000 $2,000 $2,500 $4,500 $1,500 $15,000 Total Fixed
Cost for FY
21/22
$5,450 $7,450 $6,450 $9,950 $9,950 $5,450 $44,700
Available
Budget $1,300 $7,450 $6,450 $9,950 $9,950 $5,450
Shortfall <$4,150> -0- -0- -0- -0- -0-

This agreement will require the transfer of $4,150 of Airport Business Park Maintenance District Fund Balance to the District’s operating budget (2104.50.5562-63.5900) to fund the engineering services planned through the end of Fiscal Year 21/22. Sufficient fund balance exists in the Airport Business Park Maintenance District Fund to accommodate the transfer.

ATTACHMENTS:

Resolution
Attachment 1: Evaluation Summary
Attachment 2: Agreement for Professional Services
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RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICE AGREEMENT WITH HARRIS & ASSOCIATES, INC. TO

PROVIDE ENGINEERING SERVICES FOR ASSESSMENT DISTRICTS
THROUGHOUT THE CITY, INCLUDING: A ONE-TIME AUDIT OF EXISTING

DATA, ANNUAL ADMINISTRATION SERVICES FOR EXISTING ASSESSMENT

DISTRICTS, AND ON-CALL SERVICES RELATED TO FORMATIONS AND

ANNEXATIONS

WHEREAS, there are six landscape maintenance assessment districts (“Districts”) within the City of Salinas that were created under the Landscaping and Lighting Act of 1972 (the “Act”), and adopted locally in Article II, Chapter 21C of the Salinas Municipal Code; and

WHEREAS, the Act requires that prior to levy of assessments, an Engineer’s Annual Levy Report (“Engineer’s Report”) be prepared for public review and Council approval; and

WHEREAS, staff identified the need for an extensive one -time audit of each District including boundaries and ROW facilities and potential need for support services related to District annexations and formations; and

WHEREAS, on October 11, 2021 a Request for Qualifications (“RFQ”) was published via the City’s online bidding portal , seeking Statements of Qualifications ( “SOQ”) from qualified firms; and

WHEREAS, a total of two vendors submitted SOQ’s for evaluations; and

WHEREAS, an evaluation committee, comprised of three City staff members conducted a thorough evaluation and scoring of the SOQ's based on the criteria set forth in the RFQ; and

WHEREAS, an appropriation of $4,150 from the Airport Business Park Maintenance District Fund Balance to the Airport Business Park Maintenance District’s operating budget is needed in order to fund the engineering services planned through the end of Fiscal Year 21/22.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council , pursuant to Salinas Municipal Code Section 12-27, in reference to the engineering services for assessment districts contract, that all said submittals are rejected except the SOQ of Harris & Associates, Inc. (“Harris”), being the most qualified which is hereby accepted. The subject contract agreement is hereby awarded to Harris for the sum of $116,800 (for a period of three years, with two one -year annual renewal options), and more s pecifically at the unit and extra work prices particularly set forth and contained in Harris’ SOQ for engineering services for assessment districts, included as Exhibit B in the contract agreement; and

BE IT FURTHER RESOLVED that the City Manager is authorized to enter into the two one-year annual renewal options on behalf of the City; and

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BE IT FURTHER RESOLVED that Salinas City Council hereby approves an appropriation of $4,150 in the Airport Business Park Maintenance District Fund Other Professional Services account (2104.50.5562-63.5900).

PASSED AND APPROVED this 11th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

_______________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
RFQ ENGINEER REPORTS FOR ASSESSMENT DISTRICTS
Rank from 0‐100 (with 0 being the lowest and 100 the highest) Criteria Harris & Associates DTA Weight
Approach: Response to scope of services and
project understanding and approach 65.67 67.67 30%
Qualifications: Experience and capabilities of firm
and key project team members 63.67 64.67 25%
References: Customer satisfaction and firm
reputation from previous clients 62.67 65.00 20%
Ability to Meet City's schedule 65.00 63.00 10%
Fee Schedule: Engineering Consultant Fee 95.00 100.00 15% Score 68.90 70.77
Local Firm? Add 10% of total points 6.89
TOTAL FINAL SCORE 75.79 70.77
Annual 29,700$                    17,500$
One time audit 15,000$                    25,000$
Total 44,700.00$              42,500.00$
Director/Engineer Hrly Rate 260.00$                    300.00$ Project Manager Hrly Rate 200.00$                    195.00$ Senior Analyst 165.00$                    185.00$
Analyst 135.00$                    150.00$
44,700$                    42,500$

AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF SALINAS AND
HARRIS & ASSOCIATES, INC.

Form: Professional Services Agreement v. January 2021 Page 2 of 19 Harris & Associates, Inc.

January 2022

Contents
RECITALS ..................................................................................................................................... 4 TERMS ........................................................................................................................................... 4

1. Scope of Service. ................................................................................................................. 4

2. Term; Completion Schedule. ............................................................................................... 4

3. Compensation. ..................................................................................................................... 4

4. Billing. ................................................................................................................................. 4

5. Meet & Confer. .................................................................................................................... 5

6. Additional Copies................................................................................................................. 5

7. Responsibility of Consultant. ............................................................................................... 5

8. Responsibility of City. ......................................................................................................... 5

9. Acceptance of Work Not a Release. .................................................................................... 6

10. Indemnification and Hold Harmless. ................................................................................... 6

11. Insurance. ............................................................................................................................. 6

12. Access to Records. ............................................................................................................... 7

13. Non-Assignability. ............................................................................................................... 7

14. Changes to Scope of Work. ................................................................................................. 7

15. Ownership of Documents. ................................................................................................... 7

16. Termination. ......................................................................................................................... 7

17. Compliance with Laws, Rules, and Regulations. ................................................................ 8

18. Exhibits Incorporated. .......................................................................................................... 8

19. Independent Contractor. ....................................................................................................... 8

20. Integration and Entire Agreement. ....................................................................................... 9

21. Jurisdiction and Venue. ........................................................................................................ 9

22. Severability .......................................................................................................................... 9

23. Notices. ................................................................................................................................ 9

24. Nondiscrimination.............................................................................................................. 10

25. Conflict of Interest. ............................................................................................................ 10

26. Headings. ........................................................................................................................... 10

27. Attorneys’ Fees .................................................................................................................. 10

28. Non-Exclusive Agreement. ................................................................................................ 10

29. Rights and Obligations Under Agreement. ........................................................................ 10

30. Licenses.............................................................................................................................. 10

31. Counterparts. ...................................................................................................................... 11

Form: Professional Services Agreement v. January 2021 Page 3 of 19 Harris & Associates, Inc.

January 2022

32. Legal Representation. ........................................................................................................ 11

33. Joint Representation. .......................................................................................................... 11

34. Warranty of Authority........................................................................................................ 11

35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements .............................................................................................. 13 Exhibit B- Scope of Service .......................................................................................................... 16

Form: Professional Services Agreement v. January 2021 Page 4 of 19 Harris & Associates, Inc.

January 2022

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND HARRIS & ASSOCIATES, INC.

This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 11th day of January 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Harris & Associates, Inc., a California corporation (hereinafter “Consultant”).

RECITALS

WHEREAS, Consultant represents that he, she, or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and

WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.

NOW, THEREFORE, City and Consultant agree as follows:

TERMS

1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibit B, attached hereto and incorporated herein by reference.

2. Term; Completion Schedule. This Agreement shall commence on January 11, 2022, and shall terminate on December 31, 2024, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties and may be terminated only pursuant to the terms of this Agreement.

City and Consultant have the right and option (“Renewal Option”) to renew the Term of this agreement for two (2) successive periods of one (1) year each (each, a “Renewal Term”).

3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed: One Hundred Sixteen Thousand, Eight Hundred ($116,800) Dollars, as per Exhibit B.

4. Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice.

Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:

Form: Professional Services Agreement v. January 2021 Page 5 of 19 Harris & Associates, Inc.

January 2022

(A) A brief description of services performed;
(B) The date the services were performed;
(C) The number of hours spent and by whom;
(D) A brief description of any costs incurred; and
(E) The Consultant’s signature.

Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.

City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately. All payments by the City will be made by Electronic Funds Transfer (EFT). Consultant will provide the City with its bank ABA number, account number and designation of the account to which such EFT shall be made.

Consultant will be responsible for notifying the City when the Consultant’s EFT information changes.

5. Meet & Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City for timely and adequate performance of the Agreement.

6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.

7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.

8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:

(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the

Form: Professional Services Agreement v. January 2021 Page 6 of 19 Harris & Associates, Inc.

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projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City.

(B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.

(C) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.

(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.

9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.

10. Indemnification and Hold Harmless.

Consultant shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) to the extent arising out of or pertaining to Consultant’s negligent performance of work hereunder, including the negligent performance of work of any of Consultant’s subcontractors or agents, or Consultant’s negligent failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the negligence or willful misconduct of the City. To the extent that the Consultant’s services are subject to the California Civil Code Section 2782.8, the above indemnity, including the cost to defend shall be limited to the extent required by Civil Code Section 2782.8.

Consultant agrees to indemnify, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any passive negligence of the City unless caused at least in part by the Consultant (aka Design Professional).

11. Insurance. Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.

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12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours.

Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.

13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.

14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes.

Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.

15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.

16. Termination.

(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Consultant, as follows:

(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or

(2) For any reason whatsoever.

(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination

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based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:

(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense.

(C) In the event that this Agreement is terminated by City for any reason, Consultant shall:
(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and

(2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.

(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.

(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.

17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.

18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.

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expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.

20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.

21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.

Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.

22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

23. Notices.

(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:

City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901

With a copy to:

City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901

(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:

Alison Bouley, PE
Principal-in-Charge / Assessment Engineer
450 Lincoln Avenue, Suite 103
Salinas, CA 93901

(C) The execution of any such notices by the City Manager shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice.

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(D) All such notices shall either be delivered personally to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.

24. Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.

25. Conflict of Interest. Consultant acknowledges and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further acknowledges its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.

26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.

27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.

28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.

29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.

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31. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement. By executing this Agreement, City and Consultant consent and agree that any electronic signature, as defined by Civil Code § 1633.2(h), affixed thereon shall have the full force and effect as a wet or manual signature.

32. Legal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.

33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.

34. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.

35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.

Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.

CITY OF SALINAS

____________________________
Steve Carrigan
City Manager

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APPROVED AS TO FORM:

_________________________
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney

HARRIS & ASSOCIATES, INC.

___________________________________

By: Alison Bouley, PE.

Its: Principal in Charge / Assessment Engineer

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Exhibit A- Insurance Requirements

Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A) Commercial General Liability (“CGL”): Insuranc e Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consult ant has no owned autos, hired and non -owned, with limit s no less than $1,000,000 per accident for bodily injury and property damage.
(C) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D) Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed , with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administrations, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Dat e prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

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Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.

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Exhibit B- Scope of Service

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Summary of Costs

Annual
Administration
Services
One-Time Audit
Services
Formations,
Annexations and
Additional Tasks
Services
Total
Jan – Dec 2022 $29,700 $15,000 $10,000 $54,700
Jan – Dec 2023 $30,591 $30,591
Jan – Dec 2024 $31,509 $31,509
$91,800 $15,000 $10,000 $116,800

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-002, Version: 1
Sale of City-Owned Property to City of Gonzales
Approve a Resolution approving a Purchase and Sale Agreement to sell 0.3168 acres of City-owned property to the City of Gonzales.

City of Salinas Printed on 1/5/2022Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: JANUARY 11, 2022
DEPARTMENT: OFFICE OF THE CITY MANAGER
FROM: ANDREW MYRICK, SR ECONOMIC DEVELOPMENT MGR
TITLE: SALE OF CITY-OWNED PROPERTY TO CITY OF GONZALES

RECOMMENDED MOTION:

A motion to approve the attached Resolution approving a Purchase and Sale Agreement to sell

0.3168 acres of City-owned property to the City of Gonzales for $18,946.00.

RECOMMENDATION:

Staff recommends that the Council accept the recommended motion.

BACKGROUND:

The City is the owner of the real property identified as Monterey County Assessor’s Parcel Number (APN) 223-061-002-000 (the “Property”). The Property, which does not have a known address, consists of 0.3168 acres of vacant land located in the City of Gonzales. The attached Property Location Maps show the location of the Property in relation to the Region, the City of Gonzales, and the City of Gonzales’s Municipal Wastewater Treatment Facility. The Property was purchased by the City of Salinas in 1973 and until recently served as the Salinas Airport’s “Outer Marker,” whereby the site housed equipment to assist aircraft navigation. However, the growing use of satellite and other technologies for navigation has rendered the need for the Property obsolete, and all equipment has been removed from the site.

The Property is located adjacent to the City of Gonzales’ Municipal Wastewater Treatment Facility (the “Facility”). The City of Gonzales desires to obtain ownership o f the Property so that it may be included in a proposed expansion of the Facility.

Based upon other transactions nearby, City staff has estimated the market value for the Property of $18,946.00. The City of Gonzales has agreed to pay this purchase price. In addition, the City of Gonzales has agreed to cover costs incurred by the City to update its Airport Layout Plan (this update has been completed), as well as pay all closing costs. The City would also abandon two easements located on and near the Property (for roadway, public utility, and aerial navigation purposes) which are no longer necessary for City purposes by filing Quitclaim Deeds in favor of the owners of the underlying properties.

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City staff believes that the terms of the proposed transaction are reasonable and fair. The parcel is completely surrounded by property owned by the City of Gonzales and would be difficult to sell or lease to any other party, limiting the City’s options. At the same time, ownership of this parcel is critical to the City of Gonzales to enable it to design and operate its Facility in the most efficient manner possible. As required by the Federal Aviation Administration (FAA), proceeds from the sale will be deposited into the City’s Airport Enterprise Fund.

The City Council previously declared the property to be Exempt Surplus Land via Resolution No. 22109 (attached) on May 11, 2021. No further action under the Surplus Lands Act is necessary.

CEQA CONSIDERATION:

Categorical Exemptions. The City of Salinas has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15312, Class 12) because the project proposes the sale of surplus government property and is not located in an area of statewide, regional, or areawide concern identified in CEQA Guidelines Section 15206(b)(4).

STRATEGIC PLAN INITIATIVE:

This item involves the sale of real property no longer needed by the City, which would support the Council’s Strategic Goal of Operational Efficiencies.

DEPARTMENTAL COORDINATION:

The Public Works Department’s Airport Division has assisted with this item.

FISCAL AND SUSTAINABILITY IMPACT:

The proposal would result in a positive financial benefit to the City’s Airport Enterprise Fund.

ATTACHMENTS:

Property Location Maps
Proposed RESOLUTION, including the following Exhibits:

Exhibit “A” – Purchase and Sale Agreement, including the following Exhibits:

Exhibit “A” – Property Legal Description
Exhibit “B” – Easement Legal Descriptions
Exhibit “C” – Grant Deed
Exhibit “D-1,” “D-2,” and “D-3” – Quitclaim Deeds
Resolution No. 22109

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Property Location Maps
Region
City of Gonzales
Wastewater Treatment Facility
1 RESOLUTION NO. (N.C.S.)

A RESOLUTION APPROVING A PURCHASE AND SALE AGREEMENT TO SELL

0.3168 ACRES OF CITY-OWNED PROPERTY TO THE CITY OF GONZALES

WHEREAS, the City of Salinas is the owner of that 0.3168 acres of real property known as Monterey County Assessor’s Parcel Number (APN) 223 -061-002-000 (no known address) , located within the City of Gonzales, and hereafter referred to as the “Property”; and

WHEREAS, the City also has rights for access and avigation purposes on and near the Property through two easements, hereafter referred to as the “Easements”; and

WHEREAS, the City of Salinas has determined that the Property and Easements are no longer needed for municipal purposes; and

WHEREAS, the City of Gonzales desires to purchase the Property in order to include it in a planned expansion of its Municipal Wastewater Treatment System; and

WHEREAS, the City of Gonzales agrees to purchase the Property from the City for the purchase price of $18,946.00; and

WHEREAS, on May 11, 2021, the City Council approved Resolution No. 22109 declaring the Property to be Exempt Surplus Land as defined in Government Code Section 54221(b)(1); and

WHEREAS, Section 12-16 of the Salinas Municipal Code provides that the sale of City- owned land to other government agenci es is exempt from the City’s normal requirements for public auction and purchasing if the City Council finds adopts a resolution finding the public convenience, necessity, or welfare requires such sale.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby approves the attached Purchase and Sale Agreement, attached as Exhibit “A,” for sale of the property to the City of Gonzalez for the purchase price of $18,946.00 and authorizes and directs the Mayor to execute said Agreement.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute and submit for recordation the Deeds included as Exhibits to the Purchase and Sale Agreement and is further hereby authorized to make any nonsubstantial modif ications to those documents as may be necessary for acceptance by the Monterey County Recorder’s Office.

BE IT FURTHER RESOLVED that the Salinas City Council hereby finds that the sale of the Property to another governmental agency is required by public convenience, necessity, or welfare, as the property is no longer necessary for municipal purposes, the sale will provide revenue to the Salinas Municipal Airport, and the property will assist in the construction of a facility serving the public in the City of Gonzales.

BE IT FURTHER RESOLVED that the Salinas City Council finds the project to be 2 Categorically Exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15312 (Class 12) because the project proposes the sale of surplus government property and is not located in an area of statewide, regional, or ar eawide concern identified in CEQA Guidelines Section 15206(b)(4).

PASSED AND APPROVED this 11th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

Attach:

Exhibit “A” – Purchase and Sale Agreement, including the following Exhibits:

Exhibit “A” – Property Legal Description
Exhibit “B” – Easement Legal Descriptions
Exhibit “C” – Grant Deed
Exhibit “D-1,” “D-2,” and “D-3” – Quitclaim Deeds

EXHIBIT “A”

PURCHASE AND SALE AGREEMENT
This PURCHASE AND SALE AGREEMENT (“Agreement”) is dated as of January 11, 2022 (“Effective Date”) and is being entered into by and between the CITY OF SALINAS, a California municipal corporation and charter city (“ Seller”), and CITY OF GONZALES , a California municipal corporation (“Buyer”), for the acquisition by Buyer of certain real property described below.

RECITALS
A. Seller is the owner in fee of that certain real property consisting of approximately

0.3168 acres of land area in the City of Gonzales, County of Monterey, State of California, and which is otherwise known as Monterey County Assessor’s Parcel Number 223-061-002-000, as such is more precisely defined in Exhibit “A” (“Property”). The Property was historically used for equipment to provide navigation al assistance to aircraft, but technological advancements have rendered such equipment unnecessary and the equipment has been removed.

B. Seller is the owner of certain rights conveyed by an easement for roadway and public utility purposes and an easement for aerial navigation purposes, both of which are located on or near the Property, as such are more precisely defined in Exhibit “B” (“Easements”). These Easements are not, nor are expected to be, necessary for the Seller’s municipal purposes now or in the future.

C. Buyer operates a municipal wastewater treatment facility adjacent to the Property.

Buyer intends to expand the existing faci lity and desires to purchase the Property to use in the development of that project.

D. The Seller has authority to convey the Property to the Buyer pursuant to Art. XI, Sec. 5 of the California Constitution, the City’s Charter , Sections 37350 and 37351 of the Government Code, and Chapter 12 of the Salinas Municipal Code. The City Council, in approving this Agreement, finds and determines, among other things, that the sale of the Property pursuant to the terms of this Agreement will serve the public convenience, necessity, or welfare.

NOW, THEREFORE, Seller and Buyer hereby agree as follows:

1. Agreement to Sell and Purchase. Seller agrees to sell the Property to Buyer and Buyer agrees to purchase the Property from Seller upon the terms and for the consideration set forth in this Agreement.

2. Purchase Price. The purchase price of the Property (“ Purchase Price”) is Eighteen Thousand Nine Hundred Forty -Six dollars ($18,946.00). Further, Buyer agrees to reimburse Seller $2,000 for its costs to update the Airport Layout Plan (“ALP”).

3. Conveyance of Title and Possession. Seller agrees to convey by Deed (defined below) to Buyer all of Seller’s title and interest in and to the Property . Seller makes no representations, guarantees, or warranties regarding Buyer’s ability to develop the Property as desired. Buyer, at its own expense, shall be responsible for the preparation of materials (such as maps and legal descriptions) as well as the submit tal of any applications or other documents necessary to effectuate the transfer of the land and/or subdivide the land pursuant to the Subdivision Map Act.

4. Title Insurance Policy. Escrow Holder shall, following recording of the Deed, provide Buyer with a s tandard owner’s CLTA (or extended coverage ALTA, at the request of Buyer) policy of title insurance in the amount of the Purchase Price, issued by the Title Company, together with any endorsements and additional coverage reasonably requested by Buyer, show ing fee simple title to the Property vested in Buyer, subject only to the printed exceptions and stipulations in the policy. Title charges shall be paid by Buyer.

5. Escrow. Buyer and Seller shall open an escrow (“ Escrow”) in accordance with this Agreement with Chicago Title Company (“ Escrow Holder ”). This Agreement, together with the escrow instructions prepared by Escrow Holder and executed by Buyer and Seller, constitute the joint escrow instructions of Buyer and Seller, and the Escrow Holder to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this Escrow on or before the Closing Date (defined below); provided, however, neither Buyer nor Seller shall be obl igated to waive any rights, conditions or contingencies under this Agreement in order to close the Escrow.

6. Delivery of Deed and Purchase Price. Seller shall execute and deliver into the Escrow a Grant Deed (“ Deed”) to Buyer, in substantially the form attached hereto as Exhibit “C” and incorporated herein. Buyer agrees to deposit the Purchase Price upon demand of Escrow Holder, not fewer than one (1) business day prior to the date set for the Closing. Buyer and Seller agree to deposit with Escrow Holder any additional instruments as may be necessary to complete this transaction.

7. Insurance. Insurance policies are not to be transferred, and Seller may cancel its own policies, if any, after close of escrow.

8. Taxes. Escrow is not to be concerned with proration of Seller’s taxes for the current fiscal year. Seller is a public agency and therefore exempt from the payment of property taxes.

9. Escrow Account. All funds received in the Escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other escrow trust account in any state or national bank doing business in the State of California. All disbursements shall be made by check from such account.

10. Escrow Holder Authorization. Escrow Holder is authorized to, and shall:
a. Fees, Charges and Costs. Pay and charge Buyer for Escrow fees, charges, and costs payable under Section 14.
b. Disbursement. Disburse funds, record the Deed, and deliver the title policy to Buyer, when conditions of the Escrow have been fulfilled by Buyer and Seller.

11. Close of Escrow. The terms “Close of Escrow,” “Close,” and “Closing,” if and where written in these instructions, shall mean the date the Deed and other necessary instruments of conveyance are recorded in the Official Records of the Monterey County Recorder (“Official Records”). Recordation of instruments delivered through this Escrow is authorized, if necessary or proper for t he issuance of the policy of title insurance pursuant to Section 4 hereof.

12. Time Limits. All time limits within which any matter specified is to be performed may be extended by mutual agreement of the parties. Any amendment of, or supplement to, any instructions must be in writing.

13. Time of the Essence. Provided that the conditions set forth in this Agreement have been satisfied, the Closing shall occur on or before the date 45 days subsequent to the Effective Date (“Closing Date”). In the event the Closing does not occur on or before the Closing Date, either party that is not in default hereunder shall be entitled to cancel Escrow, terminate this Agreement, and the Escrow Holder shall return to the depositor thereof all documents, instruments, and mo nies which were deposited hereunder; provided, however, that if both parties have satisfied all requirements specified under this Agreement, including Section 17, by the Closing Date, then neither party shall have this right to terminate the Agreement pursuant to this Section.

The foregoing shall not constitute an election of remedies for a non-defaulting party if the other party wrongfully fails to close Escrow.

14. Escrow Fees, Charges and Costs. Buyer shall be responsible for and shall pay all transaction costs, including the applicable transfer taxes, if any, the cost of recording the Deed or any curative instruments, escrow fees, the costs associated with Buyer’s financing, if any, the cost of any title endorsements, and the cost of a CLTA standard coverage owner’s (or extended or ALTA, if desired by Buyer) title policy as described in Section 4. Each party shall pay its own legal fees.

15. Tax Requirements. Escrow Holder shall prepare and file with all appropriate governmental or taxing authorities a uniform settlement statement, closing statement, tax withholding forms including an IRS 1099 -S form, and be responsible for withholding taxes, if any such forms are provided for or required by law.

16. Closing Statement. Seller instructs Escrow Agent to release a copy of Seller’s closing statement to Buyer, and Buyer instructs Escrow Agent to release a copy of Buyer’s closing statement to Seller.

17. Conditions Precedent to Close of Escrow.
a. Buyer’s Conditions Prior to Closing. Buyer’s obligation to complete the purchase of the Property is subject to the satisfaction or Buyer’s waiver in its sole and absolute discretion of each of the following conditions:
i) Seller shall have delivered through Escrow an executed and recordable Deed sufficient to convey fee title to Buyer a s set forth in Section 6 in full compliance with the Subdivision Map Act. ii) Seller shall have delivered through Escrow executed and recordable Quitclaim Deeds (substantially in the form attached hereto as Exhibits “D-1,” “D-2,” and “D -3” and incorporated herein) sufficient to relinquish Seller’s interest in the Easements. iii) Seller shall have delivered through Escrow such other documents as are necessary to comply with Seller’s obligations under this Agreement.
iv) Buyer shall have approved the condition of title to the Property and the Title Company shall have committed to deliver to Buyer a title insurance policy as required by Section 4 hereof at or immediately after the Closing.
v) Buyer shall not have terminated this Agreement as otherwise specifically permitted by the provisions of this Agreement. vi) Seller shall not be in default of any of its obligations under the terms of this Agreement, and all representations of Seller herein shall be true and correct.
b. Seller’s Conditions Precedent to Closing. Seller’s obligation to complete the sale of the Property is subject to the satisfaction or Seller’s waiver in its sole and absolute discretion of each of the following conditions:
i) Buyer shall have deposited with Escrow Holder immediately available funds in an amount equal to the Purchase Price and any other applicable charges as defined in Section 14.

ii) Buyer shall have deposited $2,000 with Escrow Holder to reimburse City for the estimated costs of updating its Airport Layout Plan (ALP).
iii) Buyer shall not b e in default of any of its obligations under the terms of this Agreement, and all representations of Buyer herein shall be true and correct.
iv) The Seller shall not have terminated this Agreement as otherwise specifically permitted by the provisions of this Agreement.

18. Permission to Enter on Premises. Seller agrees to grant to Buyer, or its authorized agents, permission to enter upon the Property at all reasonable times prior to Close of Escrow for the purpose of making necessary or appropriate inspections, tests, surveys, assessments and reports of the Property, at Buyer’s expense (“ Tests”). Buyer shall indemnity, defend, and hold harmless Seller and its officers, directors, shareholders, partners, employees, agents, and representatives from and against all claims, liabilities or damages, and including expert witness fees and reasonable attorney’s fees and costs, caused by Buyer’s activities with respect to or arising out of such testing, inspection, or investigatory activity on the Property. If, prior to the Close of Escrow, Buyer disapproves of the condition of the Property after conducting its Tests, then Buyer may terminate this Agreement.

19. Warranties, Representations, and Covenants of Seller. Seller hereby warrants, represents, and/or covenants to Buyer that:
a. Pending Claims. To Seller’s Actual Knowledge, there are no actions, suits, claims, legal proceedings, or any other proceedings affectin g the Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign.
b. Seller’s Title. Until the Close of Escrow, Seller shall not do anything which would impair Seller’s title to the Property or Buyer’s right of possession, development, or use of the Property after the Close of Escrow consistent with this Agreement, the Use Covenant and the Custodial Agreement. c. Conflict with Other Obligation. To Seller’s actual knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, covenants, conditions and restrictions, or other agreement or instrument to which Seller or the Property may be bound. d. Authority. Seller has the full right, power, and authority to sell, convey, and transfer the Property to Buyer as provided herein and to carry out Seller’s obligations hereunder.

e. Bankruptcy. Seller is not the subject of a bankruptcy proceeding, and permission of a bankruptcy court is not necessary for Seller to be able to transfer the Property as provided herein.
f. Governmental Compliance. Seller has not received any notice from any governmental agency or authority alleging that the Property is currently in violation of any law, ordinance, rule, regulation or requirement applicable to its use and operation. If any such notice or notices are received by Seller following the date this Agreement is signed by Buyer, Seller shall, within ten (10) days of receipt of such notice notify Buyer; Seller then, at its option, may either elect to perform the work or take the necessary corrective action prior to the close of Escrow or refuse to do so, in which case Seller shall notify Buyer of such refusal and Buyer shall be entitled to either close Escrow with knowledge of such notice(s) or terminate this Agreement. g. Right to Possession. No person, firm, partnership or cor poration has or will have the right to possess the Property or any portion of it as of the Effective Date or the Close of Escrow.
h. Change of Situation. Until the Close of Escrow, Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in the section not to be true as of the Close of Escrow, immediately give written notice of such fact or condition to Buyer.

20. Warranties, Representations, and Covenants of Buyer. Buyer hereby warrants, represents, and/or covenants to Seller that:
a. Authority. Buyer is a California Limited Liability Corporation duly organized, validly existing and in good standing under the laws of the State of California; this Agreement and all documents executed by Buyer are and at the ti me of Close of Escrow will be duly authorized, executed and delivered by Buyer, are and at the time of Close of Escrow will be legal, valid and binding obligations of Buyer enforceable against Buyer in accordance with its respective terms. b. Bankruptcy. Buyer is not the subject of a bankruptcy proceeding. c. Change of Situation. Until the Close of Escrow, Buyer shall, upon learning of any fact or condition which would cause any of the warranties and representations in the section not to be true as of the Clos e of Escrow, immediately give written notice of such fact or condition to Seller.

21. Condition of the Property.
a. Hazardous Materials . As used in this Agreement, the term “ Hazardous Materials” shall mean any substance, material, or waste which is or becomes,

regulated by any local governmental authority, the County of Monterey, the State of California, any regional governmental authority, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazard ous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) methyl tertiary butyl ether, (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §§6901, et seq. (42 U.S.C. §6903) or (xi) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§9601, et seq.
b. Compliance with Environmental Laws. To the Seller’s actual knowledge, there are no Hazardous Materials on, under, or at the Property that would make the Property not otherwise in compliance with any applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environmental Quality Act, and the rules, regulations, and ordinances of the Seller of Salinas, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.
c. As Is Sale. Except as otherwise provided herein, the physical condition, possession and title of the Property is and shall be delivered from Seller to Buyer in an “as is” condition, with no warranty expressed or implied by Seller, including without limitation, the presence of Hazardous Materials or the condition of the soil, its geology, the presence of known or unknown seismic

faults, or the suitability of the Property for the development purposes intended hereunder.

Except to the extent of the warranty and representation contained herein, Buyer hereby waives, releases and discharges forever Seller and its respective elected officials, employees, volunteers, direc tors, officers, agents and representatives, from all present and future claims, demands, suits, legal and administrative proceedings and from all liability for damages, losses, costs, liabilities, fees and expenses, present and future, arising out of or in any way connected with the condition of the Property, any Hazardous Materials on or under the Property, or the existence of Hazardous Materials contamination due to the generation of Hazardous Materials from the Property, however they came to be placed th ere, except that arising out of the gross negligence or willful misconduct of Seller or its respective elected officials, employees, volunteers, directors, officers, agents or representatives.

Buyer acknowledges that it is aware of and familiar with the pr ovisions of Section 1542 of the California Civil Code which provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by h im or her must have materially affected his or her settlement with the debtor.”
Buyer hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code.

22. Brokers. Buyer and Seller each represent to the other that no brokerage commission, finder’s fee or other compensation of any kind is due or owing to any person or entity in connection with this Agreement. Each party agrees to and does hereby indemnify and hold the other free and harmless from and against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in connection with this Agreement.

23. Waiver, Consent and Remedies. Each provision of this Agreement to be performed by Buyer and Seller shall be deemed both a covenant and a condition and shall be a material consideration for Seller’s and Buyer’s performance her eunder, as appropriate, and any breach thereof by Buyer or Seller shall be deemed a material default hereunder by such breaching party. Either party may specifically and expressly waive in writing any portion of this Agreement or any breach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter require further compliance by the other party with any breach or

provision so waived. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No waiver or consent sh all be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement. All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements contained in this Agreement shall be cumulative a nd no one of them shall be exclusive of any other.

Except as otherwise specified herein, either party hereto, after expiration of the Cure Period specified in Section 16 below without cure thereof, may pursue any one or more of its rights, options or reme dies hereunder or may seek damages or specific performance in the event of the other party’s breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in this Agreement.

24. Attorney’s Fees. In the event any declaratory or oth er legal or equitable action is instituted between Seller, Buyer and/or Escrow Holder in connection with this Agreement then, as between Buyer and Seller, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses , including court costs, reasonable attorneys’ fees, expert witness fees, and all fees, costs and expenses incurred on any appeal or in collection of any judgment.

25. Notices. Any notice, request, demand, consent, approval or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other party, or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid, or delivered through another reasonably acceptable method, and addressed to the party for whom intended, as follows:

If to Seller: City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attention: Steven S. Carrigan, City Manager
With a copy to: City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attention: Chris Callihan, City Attorney
With a copy to: City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attention: Andrew Myrick, Economic Development Manager

If to Buyer: City of Gonzales
PO Box 647
Gonzales, CA 93926
147 Fourth Street
Attention: Rene Mendez, City Manager
Any party may from time to time, by written notice to the other, designate a different address which shall be substituted for that specified above. If any notice or other document is sent by mail as aforesaid, the same shall be deemed fully delivered and received forty-eight (48) hours after mailing as provided above.

26. Breaches and Defaults. Subject to Enforced Delay, failure or delay by either party to perform any material term or provision of this Agreement (a “ Breach”) following written notice and failure to cure as described hereafter constitutes a “Default” under this Agreement.

The nondefaulting party shall give written notice of any Breach to the party in Breach, specifying the Breach complained of by the nondefaulting party (“ Notice of Default”). Delay in giving such Notice of Default shall not constitute a waiver of any Breach nor shall it change the time of Breach . Upon receipt of the Notice of Default, the party in Breach shall promptly commence to cure the identified Breach at the earliest reasonable time after receipt of the Notice of Default and shall complete the cure of such Breach not later than thirty (30) days after receipt of the Notice of Default, or if such Breach cannot reasonably be cured within such thirty (30) day period, then as soon thereafter as reasonably possible, provided that the party in Breach shall diligently pursue such cure to completion (“Cure Period”). Failure of the party in Breach to cure the Breach within the Cure Period set forth above shall constitute a “Default” hereunder.

Any failure or delay by either party in asserting any of its rights and remedies as to any Breach or Default shall not operate as a waiver of any Breach or Default or of any such rights or remedies. Delays by either party in asserting any of its rights and remedies shall not deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

27. Gender and Number. In this Agreement (unless the context requires otherwise), the masculine, feminine and neuter genders and the singular and the plural shall be deemed to include one another, as appropriate.

28. Entire Agreement. This Agreement and its exhibits constitute th e entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior

agreements, representations, negotiations and understanding of the parti es hereto, oral or written, express or implied, are hereby superseded and merged herein.

29. Captions. The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof.

30. Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California.

31. Counterparts. This Agreement may be executed in counterparts, each of which when executed shall, regardless of the date of its execution and delivery, be deemed an original, and all counterparts together shall constitute one and the same instrument.

32. Invalidity of Provision. If any provision of this Agreement as applied to any party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of th is Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.

33. Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing by Buyer and Seller.

34. Time of Essence. Time is of the essence of each provision of this Agreement.

35. Binding Upon Successors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereof.

[Remainder of Page Intentionally Left Blank]

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.

SELLER:

CITY OF SALINAS , a California municipal
corporation and charter city
By:

Kimbley Craig, Mayor
ATTEST:

Patricia M. Barajas, City Clerk
APPROVED AS TO FORM:

Christopher A. Callihan, City Attorney
BUYER:

CITY OF GONZALES, a California municipal
corporation
By:

Rene Mendez, City Manager

A-1
EXHIBIT “A”

A-2

EXHIBIT “B”

EXHIBIT “C”

RECORDING REQUESTED BY

City of Gonzales
PO Box 647
Gonzales, CA 93926
147 Fourth Street
Attention: Rene Mendez, City Manager

WHEN RECORDED MAIL TO
AND MAIL TAX STATEMENTS TO:

City of Gonzales
PO Box 647
Gonzales, CA 93926
147 Fourth Street
Attention: Rene Mendez, City Manager

(ABOVE SPACE FOR RECORDER’S USE ONLY)
No Recording Fee pursuant to Government Code Section 27383

GRANT DEED
For valuable consideration, CITY OF SALINAS, a California municipal corporation and charter city (“Grantor”), does hereby GRANT to CITY OF GONZALES all of the right, title and interest of Grantor in and to that certain real property situated in the City of Gonzales, County of Monterey, State of California, more particularly described on Attachment No. 1 attached hereto and incorporated herein by this reference.

Dated this ____ day of _______, 2022.

CITY:

CITY OF SALINAS, a California municipal corporation and charter city By: _________________________________
Steven S. Carrigan, City Manager
ATTEST:

Patricia M. Barajas, City Clerk

ATTACHMENT NO. 1 TO GRANT DEED

EXHIBIT “D-1”

RECORDING REQUESTED BY AND WHEN
RECORDED RETURN TO:

City of Salinas
200 Lincoln Avenue
Salinas, CA 93901
Attention: Andrew Myrick

(ABOVE SPACE FOR RECORDER’S USE ONLY)
No Recording Fee pursuant to Government Code Section 27383

QUITCLAIM DEED
For valuable consideration, CITY OF SALINAS, a California municipal corporation and charter city (“Grantor”), does hereby REMISE, RELEASE , AND FOREVER QUITCLAIM to CITY OF GONZALES all of the right, title and interest of Grantor in and to that certain real property situated in the City of Gonzales, County of Monterey, State of California, also known as Parcel “G -1” and more particularly described on Attachment No. 1 attached hereto and incorporated herein by this reference.

Dated this ___ day of _____________, 2022.

CITY:

CITY OF SALINAS, a California municipal corporation and charter city By: _________________________________
Steven S. Carrigan, City Manager
ATTEST:

Patricia M. Barajas, City Clerk

ATTACHMENT NO. 1 TO QUITCLAIM DEED

EXHIBIT “D-2”

RECORDING REQUESTED BY AND WHEN
RECORDED RETURN TO:

City of Salinas
200 Lincoln Avenue
Salinas, CA 93901
Attention: Andrew Myrick

(ABOVE SPACE FOR RECORDER’S USE ONLY)
No Recording Fee pursuant to Government Code Section 27383

QUITCLAIM DEED
For valuable consideration, CITY OF SALINAS, a California municipal corporation and charter city (“Grantor”), does hereby REMISE, RELEASE , AND FOREVER QUITCLAIM to CITY OF GONZALES all of the right, title and interest of Grantor in and to that certain real property situated in the City of Gonzales, County of Monterey, State of California, more particularly des cribed on Attachment No. 1 attached hereto and incorporated herein by this reference.

Dated this ___ day of _____________, 2022.

CITY:

CITY OF SALINAS, a California municipal corporation and charter city By: _________________________________
Steven S. Carrigan, City Manager
ATTEST:

Patricia M. Barajas, City Clerk

ATTACHMENT NO. 1 TO QUITCLAIM DEED

EXHIBIT “D-3”

RECORDING REQUESTED BY AND WHEN
RECORDED RETURN TO:

City of Salinas
200 Lincoln Avenue
Salinas, CA 93901
Attention: Andrew Myrick

(ABOVE SPACE FOR RECORDER’S USE ONLY)
No Recording Fee pursuant to Government Code Section 27383

QUITCLAIM DEED
For valuable consideration, CITY OF SALINAS, a California municipal corporation and charter city (“Grantor”), does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to D’ARRIGO BROS CO all of the right, title and interest of Grantor in and to that certain real property situated in the County of Monterey, State of California, more particularly described on Attachment No. 1 attached hereto and incorporated herein by this reference.

Dated this ___ day of _____________, 2022.

CITY:

CITY OF SALINAS, a California municipal corporation and charter city By: _________________________________
Steven S. Carrigan, City Manager
ATTEST:

Patricia M. Barajas, City Clerk

ATTACHMENT NO. 1 TO QUITCLAIM DEED

Page | 1

RESOLUTION NO. 22109 (N.C.S.)

A RESOLUTION DECLARING THE CITY-OWNED PROPERTY KNOWN AS MONTEREY COUNTY ASSESSOR’S PARCEL NUMBER 223-061-002-000 AS

EXEMPT SURPLUS LAND PURSUANT TO THE SURPLUS LANDS ACT

WHEREAS, the City of Salinas has determined that the Property is no longer needed for municipal purposes; and

WHEREAS, the City of Gonzales desires to purchase the Property in order to include it in a planned expansion of its Municipal Wastewater Treatment System; and

WHEREAS, pursuant to California Government Code Section 54221(b)(1), the City must declare the Property to be Surplus Land or Exempt Surplus Land prior to any disposal of the Property; and

WHEREAS, Government Code Section 54221(f)(1)(D) indicates that land transferred to another local agency for that agency’s use may be declared to be Exempt Surplus Land.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council finds and declares the Property to be Exempt Surpl us Land pursuant to Government Code Section 54221(f)(1)(D).

PASSED AND APPROVED this 11th day of May 2021 by the following vote:

AYES: Councilmembers: Barrera, Cromeenes, González, Osornio, Rocha, McShane and Mayor Craig

NOES: None

ABSENT: None

ABSTAIN: None

APPROVED:

___________________
Kimbley Craig, Mayor

DocuSign Envelope ID: B4607088-937C-4055-95CC-1C834966A2F4

Page | 2

ATTEST:

__________________________
Patricia M. Barajas, City Clerk

DocuSign Envelope ID: B4607088-937C-4055-95CC-1C834966A2F4

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-003, Version: 1
Parking Regulations at Monterey County Government Center Approve the removal of two (2) parking stalls of yellow loading zones on Church Street, a total of 15 stalls of Wednesday 8:00 a.m. to 1:00 p.m. parking restrictions at the Monterey County Government Center’s Church Street frontage, a total of 33 on-street permit parking stalls for 7AM-7PM Mon-Fri on Church Street (4 stalls), Capitol Street (9 stalls), and Gabilan Street (20 stalls); and a total of 52 off-street stalls in the former Salinas Police Department lot to be permit parking stalls for 7AM-7PM Monday-Friday.

City of Salinas Printed on 1/5/2022Page 1 of 1
powered by Legistar™

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: JANUARY 11, 2022
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: ANDREW EASTERLING, TRAFFIC ENGINEER
TITLE: PARKING REGULATIONS AT MONTEREY COUNTY

GOVERNMENT CENTER

RECOMMENDED MOTION:

A motion to approve following modifications related to parking around the Monterey County Government Center:

 Removal of two (2) parking stalls of yellow loading zones on Church Street;  Establishment of fifteen ( 15) stalls of Wednesday 8:00 a.m. to 1:00 p.m. parking restrictions at the Monterey County Government Center’s Church Street frontage;  Establishment of thirty-three (33) on-street permit parking stalls for 7AM -7PM Mon-Fri on Church Street (4 stalls), Capitol Street (9 stalls), and Gabilan Street (20 stalls); and  Establishment of fifty-two (52) off-street stalls in the former Salinas Police Department lot to be permit parking stalls for 7AM-7PM Monday-Friday.

RECOMMENDATION:

Staff recommends approval the following proposed parking modifications:

 Removal of two (2) parking stalls of yellow loading zones on Church Street;  Establishment of fifteen (15) stalls of Wednesday 8:00 a.m. to 1:00 p.m. parking restrictions at the Monterey County Government Center’s Church Street frontage;  Establishment of thirty -three (33) on-street permit parking stalls for 7AM -7PM Mon-Fri on Church Street (4 stalls), Capitol Street (9 stalls), and Gabilan Street (20 stalls); and  Establishment of fifty-two (52) off-street stalls in the former Salinas Police Department lot to be permit parking stalls for 7AM-7PM Monday-Friday.

EXECUTIVE SUMMARY:

The City and County of Monterey entered into an agreement on June 22, 2021, where the City would grant to the County an exclusive, temporary, and revocable license to use the fifty-two (52) parking spaces in the City Hall Parking Lot (parking lot located behind the former Salinas Police Department Building adjacent to City Hall) and thirty-three (33) on -street parking spaces. City Page | 2
staff received a special curb marking application from the County Courts which was processed and was reviewed by City Council. On September 28, 2021 City Council approved a resolution approving two (2) parking stalls and forty (40) feet of yellow loading zones, 345 feet of Wednesday 8:00 a.m. to 1:00 p.m. parking restrictions at the Monterey County Government Center’s Church Street frontage, and 125 feet of “No Stopping” red zones along Monterey County Governm ent Center’s West Alisal Street frontage. This action will implement the conditions of the agreement and modify the previous Council action. The City has coordinated with both the County and the Courts to ensure both parties are in agreement.

BACKGROUND:

The City and County of Monterey entered into an agreement on June 22, 2021, where the City would grant to the County an exclusive, temporary, and revocable license to use the fifty-two (52) parking spaces in the City Hall Parking Lot and thirty-three (33) on-street parking spaces. The on- street spaces were originally planned for Lincoln Avenue, however following discussion with County staff the City and County have both agreed to instead use Church Street, Capitol Street, and Gabilan Street to provide the required on-street parking stalls.

Steven Fisher, Facilities and Security Manager for County of Monterey, submitted a special curb marking allocation for Church Street the Courts. City staff reviewed the special curb marking application from the County Courts and processed the staff reports. On September 28, 2021 City Council approved a resolution approving two (2) parking stalls and forty (40) feet of yellow loading zones, 345 feet of Wednesday 8:00 a.m. to 1:00 p.m. parking restrictions at the Monterey County Government Center’s Church Street frontage, and 125 feet of “No Stopping” red zones along Monterey County Government Center’s West Alisal Street frontage.

City staff facilitated a phone call discussion on October 14, 2021 between th e County and the County Courts to ensure consistency between the two parallel efforts. The City, County and the County Courts confirmed that the Courts require a total of 15 stalls of Wednesday 8:00 a.m. to 1:00 p.m. parking restrictions at the Monterey C ounty Government Center’s Church Street frontage. The City is committed to grant the County 33 on -street parking stalls and sufficient parking is available on Church Street, Gabilan Street, and Capitol Street. The City will designate total of thirty-three (33) on-street permit parking stalls for 7AM-7PM Monday-Friday on Church Street (4 stalls), Capitol Street (9 stalls), and Gabilan Street (20 stalls); and a total of fifty-two (52) off-street stalls in the former Salinas Police Department lot to be permi t parking stalls for 7AM - 7PM Monday-Friday

On September 28, 2021 City Council approved a resolution approving two (2) parking stalls and forty (40) feet of yellow loading zones, 345 feet of Wednesday 8:00 a.m. to 1:00 p.m. parking restrictions at the Monterey County Government Center’s Church Street frontage, and 125 feet of “No Stopping” red zones along Monterey County Government Center’s West Alisal Street frontage.

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TRAFFIC AND TRANSPORTATION COMMISSION

At its December 9, 2021 meeting the Traffic and Transportation Commission voted unanimously (4-0) to recommend to City Council to approve a resolution approving the removal of two (2) parking stalls of yellow loading zones on Church Street, a total of 15 s talls of Wednesday 8:00 a.m. to 1:00 p.m. parking restrictions at the Monterey County Government Center’s Church Street frontage, a total of thirty-three ( 33) on-street permit parking stalls for 7AM -7PM Mon -Fri on Church Street (4 stalls), Capitol Street(9 stalls), and Gabilan Street(20 stalls); and a total of fifty- two (52) off-street stalls in the former Salinas Police Department lot to be permit parking stalls for 7AM-7PM Monday-Friday.

CEQA CONSIDERATION:

Designation of parking restrictions on City streets is exempt under CEQA 15301, Class 1(c) since the actions consists of operation and minor alteration of an existing City street.

STRATEGIC PLAN INITIATIVE:

This action supports the City Council’s goal of “investment strategies and risk management”.

DEPARTMENTAL COORDINATION:

Parking Enforcement is provided in coordination with Parking Enforcement Staff and the Police Department. Special curb markings, such as yellow loading zones and red zones are maintained by Public Works Staff.

FISCAL AND SUSTAINABILITY IMPACT:

The estimated cost for the installation of the parking restrictions is $17,000. Public works has sufficient funding for the modifications to the Parking Regulations at Monterey County Government Center.

ATTACHMENTS:

Resolution
Attachment 1: Parking Regulation Exhibit

1 RESOLUTION NO. (N.C.S.)

A RESOLUTION OF THE SALINAS CITY COUNCIL TO APPROVE THE REMOVAL OF TWO (2) PARKING STALLS OF YELLOW LOADING ZONES ON CHURCH STREET, A TOTAL OF 15 STALLS OF WEDNESDAY 8:00 A.M. TO 1:00 P.M.

PARKING RESTRICTIONS AT THE MONTEREY COUNTY GOVERNMENT
CENTER’S CHURCH STREET FRONTAGE, A TOTAL OF THIRTY-THREE (33) ON- STREET PERMIT PARKING STALLS FOR 7AM-7PM MON-FRI ON CHURCH STREET (4 STALLS), CAPITOL STREET(9 STALLS), AND GABILAN STREET(20 STALLS); AND A TOTAL OF FIFTY-TWO (52) OFF-STREET STALLS IN THE

FORMER SALINAS POLICE DEPARTMENT LOT TO BE PERMIT PARKING STALLS FOR 7AM-7PM MONDAY-FRIDAY.

WHEREAS, the City and County of Monterey entered into an agreement on June 22, 2021, where the City would grant to the County an exclusive, temporary, and revocable license to use the fifty -two (52) parking spaces in the City Hall Parking Lot and thirty -three (33) on -street parking spaces; and

WHEREAS, City staff received a special curb marking application from the County Courts which was processed and was reviewed by City Council; and

WHEREAS, in coordination with Monterey County Staff, additional modifications to include modifying Church Street into a one-way street with front-in angled parking to help increase parking capacity, the removal of two marked crosswalks at Church and Howard Street a nd the installation of 125 feet of “No Stopping” red zones along the Government Center’s West Alisal Street frontage (see Attachment 1); and

WHEREAS, On September 28, 2021 City Council approved a resolution approving two (2) parking stalls and forty (40) feet of yellow loading zones, 345 feet of Wednesday 8:00 a.m. to 1:00 p.m. parking restrictions at the Monterey County Government Center’s Church Street frontage, and 125 feet of “No Stopping” red zones along Monterey County Government Center’s West Alisal Street frontage; and

WHEREAS, this action will implement the conditions of the agreement and modify the previous Council action.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby approves the removal of two (2) parking stalls of yellow loading zones on Church Street, the establishment of fifteen (15) stalls of Wednesday 8:00 a.m. to 1:00 p.m. parking restrictions at the Monterey County Government Center’s Church Street frontage, the establishment of thirty-three (33) on-street permit parking stalls for 7AM -7PM Mon-Fri on Church Street ( 4 stalls), Capitol Street(9 stalls), and Gabilan Street(20 stalls); and the establishment of fifty-two (52) off-street stalls in the former Salinas Police Dep artment lot to be permit parking stalls for 7AM -7PM Monday-Friday.

PASSED AND APPROVED this 11th day of January 2022, by the following vote:
2 AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

TRAFFICANDREW EASTERLINGSTATE OF CALIFORNIA
REGISTERED PROFESSIONAL ENGINEERNO. 2824

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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-008, Version: 1
Amendment No. 1 to Agreement for Professional Services with CSG Consultants, Inc.

Approve a Resolution authorizing the Mayor to execute Amendment No. 1 to the Agreement for Professional Services with CSG Consultants, Inc. to increase the total not to exceed compensation amount to $950,000.

City of Salinas Printed on 1/5/2022Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: JANUARY 11, 2022
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: MEGAN HUNTER, DIRECTOR
BY: TERESA KISTLER, REVENUE OFFICER

ANGELINE SICKLER, SENIOR PLAN CHECK ENGINEER

THROUGH: LISA BRINTON, PLANNING MANAGER

TITLE: AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL
SERVICES WITH CSG CONSULTANTS, INC.

RECOMMENDED MOTION:

A motion to approve a resolution 1) authorizing the Mayor to execute Amendment No. 1 to the Agreement for Professional Services (Agreement) with CSG Consultants, Inc. to increase the total not to exceed compensation amount to $950,000 and 2) authorize an increase of $600,000 to the Permit Services Fund and corresponding revenue budget.

RECOMMENDATION:

It is recommended that the City Council approve the attached resolution 1) authorizing the Mayor to execute Amendment No. 1 to the Agreement with CSG Consultants, Inc. to increase the total not to exceed compensation amount for plan review, permitting and inspection services from $350,000 to $950,000 and 2) authorize an increase of $600,000 to the Permit Services Fund and corresponding revenue budget.

EXECUTIVE SUMMARY:

The Permit Services Division relies on outside technical professionals to assist with plan review, permitting and inspection services. Contracting for these services allows for the scaling up of experienced technical staffing to be able to respond in a timely manner to increases in the number of development applications due to economic growth, particularly for major, more complicated development projects. Since 2020, the City has contracted with CSG Consultants, Inc. to provide plan review, permitting and inspection services. The current Agreement with CSG for FY 2021 - 2021 sets the total not to exceed compensation amount at $350,000. Subsequently, multiple large and complex development project applications have been received. Due to limited staffing resources and position vacancies, additional outside professional services are needed to review and process these applications in a timely manner. The proposed Amendment No. 1 to the Agreement with CSG increases the not to exceed compensation amount of $35 0,000 to $950,000 for Fiscal Page | 2
Year 2021-2022, an increase of $600,000 . Funding for Amendment No. 1 will be fully covered with the collection of fees through the Permit Services Enterprise Fund. It is recommended that the Council approve a resolution authorizing the Mayor to execute Amendment No. 1 to the Agreement with CSG Consultants, Inc.

BACKGROUND:

Since 2020, the Permit Services Division has contracted with CSG Consultants, Inc. to augment the plan review, permitting and inspection capacity of the Permit Center . CSG has extensive knowledge and experience in providing technical services to building departments in multiple jurisdictions in California. The firm provides services and staff specifically tailored to manage the development process an d all levels of plan review, permitting, and inspection services . All contract staff hold the required certifications to conduct the assigned duties. At this time, there are no other vendors within the City of Salinas or County of Monterey that can perfo rm this level of work. The FY 2021-2022 Agreement with CSG for technical staffing and services sets a total not to exceed compensation amount of $350,000.

DISCUSSION:

Since entering into the 2021-2022 Agreement with CSG, multiple large and complex development applications have been submitted. Scalable resources are necessary for the Permit Center to respond to these new applications in a timely manner and are the driver for the proposed amendment. The proposed Amendment No.1 increases the total not to exceed compensation amount to $950,000, which is paid on a time and materials basis, according to the rates of compensation set in Exhibit B to the Agreement and provided as Attachment 4 to this report.

Amendment No. 1 will allow the Permit Center the flexibility to use CSG technical staff and services to address Permit Center staffing shortfalls and the current increase in workload. The Permit Services Division has been able to fill a second Senior Plan Check Engineer position; however, the Building Inspector and Building Official position s remain vacant . Large and complex projects pose the greatest issue of balancing staff time between focusing on those more complex tasks, while still providing the required customer service for the smaller, routine projects.

Permit Services is proposing to amend the Agreement with CSG because of their expertise and demonstrated ability to provide a full complement of cost effective and efficient services. Because they have been providing permitting services in Salinas for years, their contract staff ha s knowledge of the City and our customer base and therefore, are able to provide more efficie nt building official, plan review and inspection, and enhanced customer service. The Permit Center has utilized CSG for projects such as the Love’s Travel Center, the Parkside Phase 1 affordable housing project , North Salinas Valley Mosquito Abatement District Facility, Chick -Fil-A at Northridge Mall, and a new storage facility on Westridge Parkway. Contracting with new companies would require additional staff training and would be more expensive. While staff is always searching for local preferred pr oviders, there are currently no vendors within the City of Salinas or the County of Monterey that can perform this level of work.

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CEQA CONSIDERATION:

The proposed action of amending the Agreemen t is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

OPERATIONAL EFFICIENCIES:

The use of contract technical staff and services supports City Council’s goal s of Operational Efficiencies and New Revenue by augmenting Permit Center operations to facilitate the plan review, permitting and inspection of multiple large projects, which if constructed, would result in new revenue to the City.

DEPARTMENTAL COORDINATION:

This report and Amendment No. 1 was prepared by the Community Development Department Permit Services Division in collaboration with the City Attorney’s Office, and Finance Department.

FISCAL AND SUSTAINABILITY IMPACT:

There is no direct or indirect cost to the General Fund. The additional cost of $600,000 for increased CSG staff and services will be fully recovered with the collection of fees through the Permit Center Enterprise Fund which was established in July 2017.

ATTACHMENTS:

1. Resolution authorizing Mayor to execute Amendment No. 1

2. Amendment No. 1 to CSG Agreement for Professional Services

3. June 2021 CSG Agreement for Professional Services

4. FY 2021-2022 CSG Contract Rates
RESOLUTION NO. ________________ (N.C.S.)

A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1

TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SALINAS AND CSG CONSULTANTS, INC.

WHEREAS, the Permit Services Division relies upon outside technical professionals to assist with plan review , permitting and inspection services , particularly for more complicated development projects; and

WHEREAS, contracting for these services allow s for the scaling up of experienced technical staffing resources to be able to respon d in a timely manner to increases in the number of development applications due to economic growth , while maintaining the C ity’s workforce when there is an economic downturn; and

WHEREAS, CSG Consultants, Inc. (CSG) has extensive knowledge and experience in providing technical services to building departments for multiple jurisdictions in California and employ staff that have the requisite certification, training, and experience to perform the technical work required to meet t he City’s needs and has a demonstrated record of quality performance in a timely and cost-effective manner; and

WHEREAS, there are no other vendors within th e City of Salinas or the County of Monterey at this time that can perform this level of work; and

WHEREAS, since 2020 the City has contrac ted with CSG to provide plan review, permitting and inspection services; and

WHEREAS, in June 2021, the City entered into an Agreement for Professional Services with CSG to continue providing plan review, permitting and inspection services for fiscal year 2021-2022 for an amount not to exceed Three Hundred and Fifty Thousand Dollars ($350,000); and

WHEREAS, subsequently, multiple large and complex development project applications have been received. Due to limited staffing resources and position vacancies, additional outside professional services are needed to review and process these applications in a timely manner; and

WHEREAS, the increased cost of Six Hundred Thousand Dollars ( $600,000) associated with Amendment No. 1 will be fully recovered with collected permit fees from the Permit Services Enterprise Fund; and

WHEREAS, the City of Salinas has determined that the proposed action is not a project as defined by the Californi a Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378); and

NOW, THE REFORE, BE IT RE SOLVED the Sa linas City Counc il authorizes the Mayor to execute Amendment No. 1 to the Agreement for P rofessional Services with CSG Consultants, Inc. to incr ease the total compensation amount from Three Hundred and Fif ty Thousand Dollars ($350,000) to Nine Hundred and Fifty Thousand Dollars ($950,000).

BE IT FURTHER RESOLVE D, the Sa linas City Counc il authorizes an increase of $600,000 to the Permit Services Fund appropriation and corresponding revenue budget.

BE IT FURTHER RESOLVE D, that t he Mayor, and her designee, are authorized to take whatever additional action may be necessary to effectuate the intent of this resolution.

PASSED AND APPROVED this 11th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

Page 1 of 2 ends

Version: January 2021

AMENDMENT NO. 1 TO

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND CSG CONSULTANTS, INC.

This Amendment to the Agreement for Professional Services (the “Amendment”) is entered into this 11TH day of January 2022, by and between the City of Salinas (the “City”) and CSG Consultants, Inc. (the “Consultant”). City and Consultant may be individually referred to herein as a “Party” and collectively the City and Consultant may be referred to as the “Parties.”

RECITALS

WHEREAS, the City and Consultant first entered into an Agreement for Professional Services on June 22nd, 2021, pursuant to which Consultant agreed to provide certain services to the City in exchange for compensation (the “Agreement”); and

WHEREAS, the City and Consultant desire to amend the Agreement to increase the City’s capacity to complete plan review, permitting, and inspections for multiple large development projects in a timely manner.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree to amend the Agreement as follows:

TERMS

1. The Agreement, Section 3. Compensation of the Agreement is amended as follows.

2. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed $950,000.

3. All other covenants, terms, and conditions set forth in the Original Agreement and not amended by this Amendment No. 1 shall remain in full force and effect as if fully set forth herein.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Consultant have entered into this Amendment No. 1 as of the date first written above.

CITY OF SALINAS

_________________________________________
Kimbley Craig, Mayor

APPROVED AS TO FORM:

___________________________________

Page 2 of 2 ends

Version: January 2021

Christopher A. Callihan, City Attorney

CSG CONSULTANTS, INC.

____________________________________
By: Cyrus Kianpour, P.E., P.L.S.

Its: President

____________________________________
By: Nourdin Khayata, P.E.

Its: Secretary

AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF SALINAS AND
CSG CONSULTANTS, INC.

DocuSign Envelope ID: A390DDD1-0C00-422D-B926-8CC25C9E8922

Professional Services Agreement Page 2 of 17 CSG Consultants, Inc.

June 22, 2021