Agenda Packet — Salinas City Council, May 24, 2022 (part 2 of 3)

RESOLUTION NO. (N.C.S.)

RESOLUTION ACCEPTING AND APPROVING THE SALINAS CITY CENTER IMPROVEMENT ASSOCIATION 2021 ANNUAL REPORT FOR THE

DOWNTOWN SALINAS COMMUNITY BENEFIT DISTRICT AREA
WHEREAS, on December 16, 2014, the CityCouncil adopted Ordinance No. 2556, theCity of Salinas’ Community Benefit District Ordinance, authorizing the City to establish a Community Benefit District (“CBD”) for up to 20 years to enhance the security, safety, appearance, and economic viability within such districts; and
WHEREAS, the Ordinance authorizes the City to levy and collect assessments on real property within such districts for the purpose of providing improvements and promoting activities that specially benefit real property within such districts; and WHEREAS, the Ordinance authorizestheCityto use the proceduresset forth in the Property and Business Improvement District Law of 1994 (Streets & Highways Code sections 36600 et seq., the “PBID Law”) as modified by the Ordinance for purposes of forming an assessment district; and WHEREAS, Articles XIIC and XIID of theCaliforniaConstitution and Section 53753 of the California Government Code (Proposition 218 Omnibus Implementation Act) also impose certain procedural and substantive requirements relating to the notice, protests and hearing requirements pertaining to new or increased assessments; and
WHEREAS, On May 26, 2015, the City Council adopted a Resolution of Intention (Resolution No. 577) to form the Salinas Downtown CommunityBenefit District (the “District” or “CBD”). This action included adoption of a District Management Plan and Engineer’s Assessment Report and direction to the City Clerk to mail ballot packets and notice of the public hearing to be held on July 21, 2015, to the proposed district property owners; and WHEREAS, on July 21, 2015, theCityCouncil adopted Resolution No. 20808 certifying the positive results of a duly held election process confirming that the majority of property owners within the District agreed to its formation; and
WHEREAS, on July 11, 2017, the City Council adopted Resolution No. 21226 N.C.S. amending 2015 Engineer’s Report to add two properties to the District; and WHEREAS, the boundaries of the Downtown Salinas CBD are as shown on the map attached, which is incorporated herein by this reference. No boundary changes of the CBD Area are proposed; and
WHEREAS, the 2015 Engineers Report and District Management Plan include the formula and methodology for calculating annual assessment amounts. The assessment amount is based upon a benefit calculation by linear frontage on all sides of the parcels that receive benefit; lot or parcel square footage; and building square footage; and

Page 2 of 2 ends

WHEREAS, as permitted in the District’s Engineer’s Report, the SCCIA Board has approved an annual inflationary assessment rate increase of five percent (5%) to the method of assessment for FY 2022-2023; and
WHEREAS, on May 24, 2022, the Salinas City Council of the City of Salinas considered 2021-2022 Annual Report submitted by Salinas City Center Improvement Association on April 29, 2022, in accordance with the Management and Disbursement Agreement with the City.

NOW, THEREFORE, BE IT RESOLVED BY THE SALINAS CITY COUNCIL:

SECTION 1. That the 2021 SCCIA Annual Report for the Salinas Downtown CommunityBenefit District and 2021-2022 OperatingBudget is confirmed as originallyfiled.

SECTION 2. The SCCIA Board has approved an annual inflationary assessment rate increase of five percent (5%) to the method of assessment for FY 2022-2023. Assessment calculations provided in the 2021 Annual Report shall constitute the levy of assessments for the Salinas Downtown Community Benefit District for FY 2022-2023.

SECTION 3. The revenue received by levy of an assessment within the Salinas Downtown CBD in FY 2022-2023 shall be used only for purposes specifically permitted by the PBID Law and for no other purposes.

SECTION 4. The name of the business improvement area is “Salinas Downtown Community Benefit District” and its boundaries are as shown on the map attached, which is incorporated herein by this reference.

PASSED AND APPROVED this 24th day of May 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT: APPROVED:

Kimbley Craig, Mayor
ATTEST:

Patricia M. Barajas, City Clerk

SAUNAS CITY CENTER IMPROVEMENT ASSOCIATION

STATEMENTS OF REVENUES, EXPENSES, AND OTHER CHANGES IN NET ASSETS - CASH BASIS For the Years Ended November 30, 2021 and 2020
(See accompanying accountants' compilation report)
2021 2020

REVENUES
Assessments $ 473,611 $ 455,973
Total Revenues 473,611 455,973

EXPENSES
SO8O 240,530 202,988
01S1 124,655 113,163
Administration 68,859 63,110
Contingency/Reserves
Tota1Expenses 434,044 379,261
INCREASE IN NET ASSETS 39,567 76,712
NET ASSETS, BEGINN1NG OF YEAR 227,325 150,613
NET ASSETS, END OF YEAR $ 266,892 $ 227,325
Page3

Benefit
APN legalOWner Site# Site Street Zone

SAUNAS PROPERTY DATABASE
2022 - 2023 TAX YEAR
CPI INCREASE S.00'¼
002 253 029 000 County Of Monterey 168 W AlisalSt 2
002 253 030 000 County Of Monterey 230 Church St 2
002 253 032 000 County Of Monterey "'no Site Address"' 2 002 253 033 000 County Of Monterey •no Site Address• 2
002 253 034 000 County Of Monterey *no Site Address• 2
002 322 016 000 JRG Leasing II llC 318 Cayuga St 2
002 322 018 000 County Of Monterey 142 WAlisalSt 2
002 331 002 000 Maldonado Albert 324 Lincoln Ave 2
002 331010 000 City Of Salinas 101 WAlisafSt 2
002 335 oos 000 Ml18 123 WAlisalSt 2
002 341 001 000 Taylor Fresh Foods 1nc 300 Main St 1
002 341 002 000 Ariel Theatrical Inc 320 Main St l
002 34� 004 000 8urksCleoV 330 Main St 1
002 341 005 000 serra Apartments Inc 338 Main St 1
002 341006 000 Taylor Fresh Foods Inc 344 Main St 1
002 341007 000 Kattner Robert 350 Main St 1
002 341009000 Boerlln Family Trust 362 Main St 1
002 341010 000 Haney Gayton L 364 Main St 1
002 341 011 000 Haney Gavlon L 366 Main St 1
002 341012 000 Gattis James L 376 MainSt#A 1
002 341014 000 City Of Salinas 345 Salinas St 2
002 341015 000 City Of Salinas Salinas St 2
002 341016 000 City Of Salinas Salinas St 2
002 341018 000 Gold Valley Properties LLC 333 Salinas St 2 002 341019 000 Salinas Civic Ctr Bldg LLC 21 W AlisalSt 2 002 341020 000 Hitchcock Richard Leslie 356 Main St 1
002 341025 000 KawahiraAkira &Lillian 385 Salinas St 2
002 342 009 000 400Main 415 Salinas St 2
002 342 011 000 400Main 406 Main St 1
002 345 016 000 Parco Family Investments LP 344 Salinas St 2 002 345 018 000 City Of Salinas 65 W AlisalSt 2
002 345 019 000 City Of .Salinas 320 Salinas St 2
002 346 001 000 3some Par-Tners LLC 32 8 MalnSt#A 1
002 346 002 000 3some Par-Tners LLC 328 MainSt#A 1
002 346 003 000 3some Par•lners LLC 328 MainSt#B 2
002 351008 000 Pl Properties No 140 LLC 405 MonterevSt 1 002 351009 000 Northern Calif Savings & loan 425 Ma,nst 1 002 351010 000 Berryessa LLC 27 EJohn St 2
002 355 008 000 VF & BLLC 401 Monterey St 2
�Is
4/1 9/2022
Annual
Bldg SF B1d1Asmnt lot SF LotSFAsmnt Frontage LFAsmnt Assessment AsmntFees Bldg.SF LotSF lF
Zonel 0.088749 0.070S08 S.250000
Zonez 0.088749 0.070508 3.664SOO
0 $ - S5,843 $ 3,937,35 193 $ 707.25 $ 4,644.60
0 $ - 45,781 $ 3,227.90 183 $ 670.60 $ 3,898.51
0 $ - 61,115 $ 4;309.04 505.49 s 1,852.37 $ 6,161. 41
0 $ - 22,608 $ 1,594.01 118.S $ 434.24 $ 2,028.25
0 $ - 26,659 $ 1,879,64 330.76 $ 1,212.07 $ 3,091.71
21,161 $ 1,878.02 15,630 $ 1,102.03 120 $ 439.74 $ 3,419.79 0 $ - 46,609 $ 3,286.28 628 $ 2,301.31 $ 5,587.59
4,200 $ 372.75 7,984 $ 562.93 60 $ 219.87 $ 1,155.55
0 $ - 148,648 $ 10;480.80 1649 $ 6,042.76 $ 16,523.56
34,188 $ 3,034.16 37,026 $ 2,610.61 80S $ 2,949.92 $ 8,594.69 2S,681 $ 2,279.17 18,614 $ 1,312.43 274 $ 1,438.SO $ S,030.09 6,192 $ 549.53 6,200 $ 437.1S so $ 262.S0 $ 1,249.18
3,042 $ 269.97 3,100 $ 218.57 29 $ 152.25 $ 640.80
13,089 $ 1,161.64 12,628 $ 890.37 102 $ 53S.SO $ 2,587.51 11,472 $ 1,018.13 6,323 $ 445.82 50 $ 262.50 $ 1,726.45 7,222 $ 640.95 6,250 $ 440.67 50 $ 262.50 $ 1,344.12
2,437 $ 216.28 2,480 $ 174.86 20 $ 105.00 $ 496.14
940 $ 83.42 1,612 $ 113.66 13 $ 68.25 $ 26S.33
2,064 $ 183.18 2,180 $ 153.71 17 $ 89.25 $ 426.13
7,500 $ 665. 62 6,200 $ 437.15 125 $ 656.25 $ 1,759.02
0 $ - 6,410 $ 451.95 so $ 183.23 $ 635.18
0 $ - 6,552 $ 461.97 so $ 183.23 $ 645.19
0 $ - 13,336 $ 940.29 100 $ 366.45 $ 1,306.74
13,176 $ 1,169.36 19,000 $ 1,339. 64 150 $ 549.68 $ 3,058.68 18,000 $ 1,597.48 18,982 $ 1,338.37 280 $ 1,026,06 $ 3,961.92 4,250 $ 377.18 6,200 $ 437.15 50 $ 262.50 $ 1,076.83
8,S00 $ 754.37 13,000 $ 916.60 230 $ 842.84 $ 2,513.80
2,007 $ 178.12 10,032 $ 707.33 282 $ 1,033.39 $ 1,918.84 12,985 $ 1,152.41 31,799 $ 2,242.07 558 $ 2,929.50 $ 6,323.98 27,660 $ 2,454.80 12,362 $ 871.61 597 $ 2,187.71 $ 5,514.12 0 $ - 23,719 $ 1,672.37 440 $ 1,612.38 $ 3,284.75
0 $ - 51,383 $ 3,622.89 350 $ 1,282.58 $ 4,905.46
0 $ - 0 $ 0 $ - $
.
2,677 $ 237.58 3,099 $ 218.SO 2S $ 131.25 $ 587.33
1,567 $ 139.07 0 $ . 0 $ $ 139.07
20,828 $ 1,848.47 45,506 $ 3, 208.51 593 $ 3,113.25 $ 8,170.23 8,90S $ 790.31 39,400 $ 2,778.00 480 $ 2,520.00 $ 6,088.31 756 $ 67.09 16,568 $ 1,168.17 298 $ 1,092.02 $ 2,327:28 8,090 $ 717.98 18,656 $ 1,31 5.39 267.23 $ 979.26 $ 3,012.63 1,32:3,2611 s11M38.291 3,111,9321 s 219,414.s4 I 35,640 I s 142,413.31 I s 479,266.13 I Sof S

Salinas Ci {, er ove
Sidewalk Operations, Beautification, and Order
(SOBO) Committee
Introduction
The Sidewalk Operations, Beautification, and Order Committee (SOBO) is charged with making private
the Salinas City Center District (District) a safer, more family-friendly place by overseeing security and coordinating security needs with the City of Salinas Police Department. In addition, the SOBO Committee works on beautification efforts to keep the District well maintained and landscaped for the public, merchants, and property owners' enjoyment.

Committee Background
The SOBO Committee was established in 2016. Over the past five years, SOBO has been run by a volunteer group that addresses security and sidewalk maintenance. While our committee attempts to meet monthly, COVID-19 and other factors have moved our meetings to an asneeded basis to address specific and/or pending issues.

SOBO's services also adapted over the past two years due to the challenges presented by COVID, including switching security vendors to Allied Security, and expanding Smith & Enright' s sidewalk maintenance to our entire District after losing Hope Services.

FY 2020/21 Committee Accomplishments
• Continued to contract with Allied Security for security services throughout our District.

To improve security, Allied provides foot patrol six days a week; interacts with the local homeless population; responds to calls :from local merchants, businesses and property owners; and coordinates with the police department.
• Continued to contract with Smith & Enright for landscaping and sidewalk maintenance services to the entire District. Smith & Enright' s services cover the entire District and include trimming, weeding, sweeping, blowing, and picking up debris twice a week. • Provided additional cleaning and debris removal during the Main Street Project. • Assumed responsibility of the new sidewalks and planted areas upon completion of the Main Street Project.
• Expanded Smith & Enright' s contract to include maintenance of the new planted areas of the Main Street Project.
• Undertook and completed two landscaping projects, including adding planted pots to Melody Lane and to the west side of the 400 block of Main Street. The Melody Lane project provides color and makes the alley more pedestrian friendly. The 400 Block project was made possible by a donation from Taylor Farms and improves the appearance of the southern entrance as the public enters into our District. • Hired our first employee, Kevin Hayes to help management the streetscape. While his primary focus is Main Street, Kevin provides valuable maintenance throughout the District as needed, with positive feedback from the business community. • Purchased an electric utility vehicle to help our employee be more efficient in managing our District. With the cooperation of DISI, the vehicle will be wrapped and branded shortly.
• Explored several options and vendors for keeping the new Main Street sidewalks in a clean condition, and arrived at pressure washing and sealing solution to implement in the subsequent fiscal year.

Committee Goals
• Continue to provide maintenance, beautification and security to our District in a manner that is in line with our budget.
• Seal the new sidewalks along Main Street to prevent staining. • Add semi-annual pressure washing to the new sidewalks. • Advocate to SCCIA to hire a paid administrative person to oversee t)le day-to-day operations of SOBO. As volunteers, we are unable to provide the level of servfoe needed to operate effectively. This includes supervising maintenance staff, overseeing payroll, communicating with SCCIA constituents, purchasing supplies, negotiating and approving contracts, etc. The SCCIA Board should consider that the organization is growing in terms of its daily operations and needs to adapt accordingly. 2020/21 Budget
We assume that the SOBO budget will remain stable for the 2020/21 Fiscal Year with an allocation of$273,583. These fees will be allocated as follows:

Streetscape Maintenance:

Smith & Enright:

Allied Security:

Pressure Washing:

Total:

Security
$50,000
$90,000 ($7,500 x 12 months} for Zones 1 & 2
$120,000 ($10,000 x 12 months)
$15,000
$275,000
We anticipate continuing with Allied Security at a cost of$119,808 a year ($2,304.00/week).

This contract provides· security coverage from Monday through Saturday. We have not had any communication regarding potential cost increases for the upcoming year.

Current Landscaping and Maintenance - Zones 1 & 2
We anticipate continuing with Smith and Enright for Zone 1 maintenance of $90,000 annually ($7,455/monthly) for Zone 1 at $3,550/monthly, Zone 2 at $3,510/monthly, and 395/monthly for maintenance of the newly installed tree wells. This includes a cost-of-living adjustment for 2021.

Periodic maintenance "add-ons" do come-up throughout the year, some expected and some unexpected. Carry-over funding was utilized to paint and replant pots in the 200 and 300 blocks of Melody Lane ($6,240) and pot relocation, re-planting and installation of the donated materials to the 400 Block of Main Street ($2,525). The recent windstorm required repairing certain tree stake supports ($150).

SALINAS
C
SCCIA DISJ Committee Accomplishments and Goals
2020/2021 Accomplishments:
• Worked closely with City of Satinas on finishing details for the Streetscape Improvement Project: hanging flowerpots, moveable furniture, and banner program. • Partnered with the Salinas Valley Chamber of Commerce for the ribbon cutting at the arch.
• Partnered with S080 to add downtown team member, provided branded uniforms, and wrapped vehicle.
• Submitted a grant with the City of Salinas for Alley Activation project. Blue Zones and the Downtown Rotary will also be stakeholders.
• Developed a downtown 1-mile walking loop with Bluezones, including map and sidewalk arrows.
• Lit up all trees in 100, 200, 300 blocks of downtown. • Ran advertisements on KSBW promoting the downtown during construction, COVID, and the holidays
• Partnered with Salinas Valley Chamber of Commerce to host a block party/business expo.
• Continued:
2021/2022 Goals:
o Coordinating and hosting Tree of Peace lighting event, Salinas officia1 holiday tree.
o Running advertisements on KSBW promoting downtown during COVIO, Rodeo, and the holidays.
o SCCIA Business Association to enhance communications with downtown merchants.
• t mplement downtown banner program for local business, nonprofits, and events. • Support SCCIABA on a merchant inspired project.
• Produce "Welcome to Salinas City Center" bags to new merchants including swag and relevant information.
• Add speakers for streaming music on light poles throughout downtown. • Light up downtown architecture.
• Rethink First Fridays/ Artwalk.
• Complete Alley Activation projects on both alleys flanking the arch. Achieve this through grant money and relationships with Bluezones and the Downtown Rotary. • Continue:
o Social media postings, print adds with the Weekley and KSBW commercials. o Support of downtown events.
o Holiday decor and festivities including tree fighting. o Partnerships with major downtown stakeholders: CSUMB @SCC, Downtown Rotary, Bluezones, Taylor Farms, etc.

Salinas City Center Improvement Association
Land Use Committee (LUC)
Goals and Achievements 2021/2022
Committee Chair: Catherine Kobrinsky Evans
Committee Members: Steve Ish, Peter Kasavan, Larry Bussard, Greg Findley, Frank Saunders, Jason Retterer,Jay DeSerpa, Staff: Kevin Dayton
Agency Liaison:

City: Lisa Brinton, Meghan Hunter
County: Melanie Beretti
TAMC: Christina Watson, Laurie Williamson
Function & Duties:

Downtown Vibrancy Plan, Planning, Zoning, Permit Center, Parking, Transportation, Mobility, ITC (including Commuter Rail), Review and track Agency MOU's, GPU, New Developments, Renovations, Alcohol Permits, Outdoor Dining Encroachments, Barriers to Investment, Vacant &: Blighted Properties, new business models like Food Trucks 2022GOALS
I. MAYOR/CM Meetings: provide SCCIA reps with LUC data

2. PLANNING, ZONING, GPU
• Review drafts and submit comment, guide decision making that conforms with Downtown Vibrancy Plan (DVP) outcomes
• Complete Historic Sign Ordinance

3. PERMIT CENTER
• Implement Over--The--Counter (OTC) permits for simple retail Tl's and signs. • Identify logjams and address
• Continue to support adoption and implementation of "Community's Plan for Permit Center Improvements" ( Chamber coalition).

4. PARKING
• Advocate for increased lumens in Parking Lots &: Alleys SCCIA LUC 2021 2022 ACHIEVEMENTS "O GOALS approved
by committee 2021-10-28
• Track and support structure development (County/City lot located at Gabilan &:

Church Streets + new projects)
• Track and support expanded zoning for surface lots
• Why is the City's Monterey Street garage so dangerous? Fix!

5. BARRIERS TO INVESTMENT
• Fees: make case that excessive fees like TIF's perpetuate vacancy &: blight, discourage investment. Align with Alisal Vibrancy to create a "shopping districts" as TIF --free zones. Urban commercial core development has no new traffic impact.

6. HOUSING
• Status of Inclusionary Housing Exemption?
• Participate in plans for Market Street Corridor at ITC (City---owned for transit-- oriented development)
• Track projects

7. ITC
• Track TAMC project, status of commuter rail
• Participate in mixed use planning process
• Consider support for designation of ITC and Bataan Park as part of an Historic District

8. COUNTY
• MOU
• Facilities Needs Assessment: encourage return of high---traffic departments

9. TRAFFIC &t MOBILITY
• Church Street: pedestrian or 1---way between Alisal --- Gabilan? • Market Street signal coordination (City/CalTrans)
• Calm speed zones on Salinas St. and Monterey St.

10. FOOD TRUCK/MOBILE VENDOR ORDINANCE
• Collect data and report to City at 6---month review

11. LINCOLN AVENUE OPPORTUNITY ZONE
• Track and provide input on City effort (Andy Myrick)
• Track vacant surface lot at 111 West Alisal (between Church/Lincoln)

12. TAYLOR FARMS INVESTMENT
• Receive updates, track and support
SCCIA LUC 2021 2022 ACHIEVEMENTS "0 GOALS approved
by committee 2021-10-28

13. VACANT� BLIGHTED PROPERTIES
• Maintain list, determine causes, provide regular updates to Mayor and CM

14. NEW PROJECTS
• Contact developer, provide ombudsman aid (if wanted), tract progress {Greg Findley,James Kendall)
2021 ACHIEVEMENTS
Assessment based on 2021 goals

1. Government Partnership

2. • Monthly engagement, discussion, and reports with our Agency Liaisons:
• County/City MOU: how to collaborate approach to Parking, Land Use and Housing
• City of Salinas: MOU, Implementation of Downtown Vibrancy Plan, General Plan Update, Lincoln Corridor Surplus Land Parcels
• County of Monterey: MOU, Facilities Needs Assessment
• TAMC: Intermodal Transportation Center Pkg 1 complete, Pkg 2 in process, upgrades, and ADA improvements to platform
• SCCIA has supported and observed an improved working relationship between County and City electeds, executives, and staff Main Street Streetscape Project Completed
• Engaged in communication and collaboration with Mayor, City Manager and Public Works personnel to minimize harm to business/ shopping. • Salinas Rotary Arch was fabricated locally and installed over the center of the 200 block of Main Street. Completion of the brick finishes to the support columns is expected in early 2022.

3. Develop Lincoln Ave. Masterplan:
• The City of Salinas changed their approach. In November 2020, they designated 17 parcels of land on 12 sites along or near Lincoln Avenue as "Surplus Land" pursuant to California Surplus Lands Act. All are located within a Federal Opportunity Zone. The City sought and received Proposals from Developers that would align with implementing the Downtown Vibrancy Plan: housing, SCCIA LUC 2021 2022 ACHIEVEMENTS "0 GOALS approved
by committee 2021-10-28

4. mixed use, parking garage
• Historic Salinas Women's Club building exterior was refurbished.

Increasing Future Parking:
• City/County MOU nearing completion regarding joint use structure on the County Campus at Church &: Gabilan Streets.
• 219 Salinas Street (Lot 1): proposal by Taylor Farms to construct multi--level garage on this land combined with the old Greyhound lot adjacent. In pre- planning, soils analysis and design.

5. Residential Development Downtown:
• SCCIA supported zoning changes to City--owned surface parking lots • Developers of affordable housing expressed interest in the City Surplus land parcels, TBD.
• Bruhn bldg.: residential units complete 2022
• Rabo bldg.: residential units complete 2022

6. Salinas Permitting Process

7. 8.
• SCCIA was unsuccessful in our goal of service improvements at the Permit Center. Key to our efforts is Over--The--Counter ( OTC) permits for simple retail Tl's and simple signage.

Downtown Salinas Safety &: Cleanliness Perception
• SCCIA engaged in advocacy for increased lumens, especially in parking lots and alleyways. This effort is ongoing.
• SCCIA sub--committee formed to explore linked monitored security cameras to public rights of way in the district, and to encourage their use by property owners to create a grid.
• Vagrancy continues to be a challenge. Alarming behavior from unstable dangerous individuals a deterrent to Vibrancy.

SCCIA Representatives Continue Bi..-Monthly (once every 2 months)Meeting SCCIA LUC 2021 2022 ACHIEVEMENTS "0 GOALS approved
by committee 2021-10-28

PAJARO ST

CAYUGA ST

S M IN ST
N
MAIN
ST

GABILAN ST

MARKET ST

SAN LUIS ST

CENTRAL AVE

CLAY ST

ALISAL ST

WINHAM ST

CHURCH ST

JOHN ST

HOWARD ST

AUBURN ST

PALMETTO ST

CAPITOL ST

MONTEREY ST

LINCOLN AVE

SALINAS ST

PAJARO ST

MAIN ST

STONE ST
M:\GIS_Projects\Public_Works\DonReynolds\MXD\CommunityBenefitDistLetterSize.mxd Downtown Salinas
Community Benefit District
2017 A
A
dditions
Benefit Zone 1
Benefit Zone 2
0 250 500 Feet
5/26/2017
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-279, Version: 1
Acquisition of Asset Management Software
Approve a Resolution to approving two professional service agreements to install and license CityWorks software.

City of Salinas Page 1 of 1 Printed on 5/18/2022
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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: MAY 24, 2022
DEPARTMENT: OFFICE OF THE CITY MANAGER

LIBRARY AND COMMUNITY SERVICES

PUBLIC WORKS
FROM: ANDREW MYRICK, SR ECONOMIC DEVELOPMENT MGR

KRISTAN LUNDQUIST, LCS DIRECTOR

RONALD PATTERSON, FLEET AND FACILITIES MANAGER
TITLE: ACQUISITION OF ASSET MANAGEMENT SOFTWARE
RECOMMENDED MOTION:

A motion to approve the attached Resolution to approve two professional service agreements to install and license CityWorks software.

RECOMMENDATION:

Staff Recommends that the City Council approve the attached Resolution.

BACKGROUND:

The City of Salinas presently owns 283 parcels of land, upon which are located 179 buildings and an unknown number of other improvements, such as landscaping, pathways, recreational equipment, utility connections, artwork, and other features and characteristics. There are 82 active leases and licenses which provide third parties the right to temporarily possess or use portions of these properties. In addition, the City leases or subleases several properties from outside entities for its own use.

Responsibility for different aspects of different properties fall under the purview of different departments. This results in a dizzying array of complexity with regards to property operation and maintenance. For example, vegetation management on City-owned properties is handled by at least six different City Divisions utilizing multiple contracts. Facilities maintenance is handled either through Library and Community Services or through Public Works. Utility bills are received and paid directly by Finance. Property Tax payments and lease monitoring are currently handled through Administration, while insurance is handled by the Legal Department. Many properties are maintained by Departments that exclusively use the facility (such as pump stations).

Maintenance of properties that are leased are sometimes the responsibility of the Tenant, and sometimes not, depending on the terms of the lease.

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The result of this system is that the City does not have a good understanding of the present condition of many of its facilities. This includes the condition of buildings as well as equipment such as air conditioners and elevators, where historical records are poor or nonexistent. Records that do exist are generally stored on paper, in pdf documents, or in Excel spreadsheets, in the files of the Departments that generated them (which do not necessarily have responsibility for those areas currently). This creates an environment that makes it challenging to budget for anticipated repairs and maintenance during any given year.

Efforts have been made in recent years to improve the management of City-owned properties. A complete list of all City-owned properties was assembled in 2020, and property taxes consolidated to ensure payment was made for all properties. A complete list of all leases has been created and terms reviewed and tracked to ensure that tenants are meeting their responsibilities under the leases. Public Works has begun conducting inspections/assessments of City-owned buildings and parking garages to identify deferred maintenance items that will need to be addressed in the future (such as roof and equipment replacement timelines).

As staff has begun to collect this information, it has become clear that the tools presently available are inadequate to allow staff to efficiently manage the City’s real assets. As an example – a building may have multiple heating/cooling units. Each of these units could be of a different model or year, will have different maintenance timelines, warranty information, parts, and will be connected to different thermostats and service different parts of the building. When this complexity is spread across the entire City, even a spreadsheet program like Excel is not a viable option. It is vital that the City obtain the software tools necessary to effectively track its properties and the work done and needed upon them if the City is to effectively manage its assets.

To resolve this, the City issued a Request for Proposals in May 2021 to identify software that would assist it in managing its real estate assets. Specifically, the software would be required to do the following:
1) Create a database of all City-owned properties. This would include vital information related to the specific properties owned by the City, including location, size, insured value, use, buildings, equipment, other physical improvements, any tenants/leases, historic information (such as Deeds, easements, use restrictions, title reports, appraisals), and information to allow monitoring of key tasks (ie payment of property taxes). It would also include the ability to attach pdf documents and photos to the files. 2) Create a Workflow System to Track the Completion of Tasks. This will enable staff to track information related to individual equipment or fixed property (such as characteristics, parts, date acquired, expected useful life, past work performed, manufacturer and warranty information, and installation and operation manuals). It will also allow for the assigning and tracking of the workflow for work being performed, such as assigning repair/maintenance requests, identifying specific steps that need to be taken, and allowing for users to update the status of work being performed. This system also needs to be mobile-device compatible to allow staff to make updates in the field.

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After an extensive review, a City Selection Committee made up of representatives from the Administration, Library and Community Services, Public Works, and Finance (Information Technology) Departments selected the CityWorks software program. CityWorks is a program that has a long track record of use in public agencies and would be able to fulfill all the criteria specified in the RFP. It utilizes Geographic Information System (GIS) data to not only create a database but to allow for mapping as well.

Once fully implemented, this software would provide many benefits to the City:
- Easily Access and Create Records. This will save significant staff time, as staff will be able to easily retrieve historical information regarding property characteristics, lease terms, and work performed on the properties, and will not need to spend time searching for records or repeating previously-conducted studies because documents cannot be located.
- More Efficient Tracking and Reporting of Work Performed. It will streamline workflow by allowing staff to look up documentation and past work and then document work performed “in the field” immediately using mobile devices. - Eliminate Departmental “Silos.” As noted above, a number of different Departments are responsible for different tasks. Notifying all parties of everything being performed is not practical. However, by establishing a single database, such notifications become unnecessary, as all records are available to other users as soon as they are input into the system. It is also possible for the software to “share” a database with other software programs used in specialized areas (such as stormwater standards compliance), enabling updates to records made in one program to also automatically occur in the records of the other.
- Document Existing Facilities. By creating a centralized database, information such as the location of irrigation or utility lines can be mapped. This will help with future repairs, or in diagnosing utility-related issues by enabling staff to document, for example, what areas are served by a particular meter, or where shut-offs are located. - Improve Reporting. The software has robust report-generating capabilities, enabling staff to access and report requested information much more easily, including the ability to generate charts and graphs when appropriate.

The Resolution would approve two proposed contracts. The first is with a company called Centricity (a partner of CityWorks) and represents a one-time contract with a value of $129,500 to install and implement the CityWorks program. The second is a contract with Azteca Systems LLC (the company which owns CityWorks), which represents an annual License Agreement for the use the CityWorks software, which would be $56,100 for the first year.

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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).

In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not 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 software will support the Council goal of Effective Government by supporting more efficient City operations.

DEPARTMENTAL COORDINATION:

In addition to the Administration (Economic Development), Library and Community Services, and Public Works (Facilities) Departments, this effort involved a high degree of cooperation and coordination between the Finance (Information Technology) and Public Works (GIS) Departments, as well as consultation with other City Departments and Divisions that would be affected by the adoption of the new software.

FISCAL AND SUSTAINABILITY IMPACT:

These contracts would result in $129,500 in one-time costs and approximately $56,100 per year in ongoing costs. Sufficient funds have already been budgeted for the one-time costs. Funds for the ongoing costs will be included in the FY23 budget requests if the Council approves these agreements. This software will also save money by providing a tool that will enable City staff to perform their job duties more efficiently in the future, thought the exact amount would be difficult to quantify.

ATTACHMENTS:

Proposed RESOLUTION, including the following Exhibits:

Exhibit A: Proposed General Services Agreement with Centricity Exhibit B: Proposed License Agreement with Azteca Systems LLC Page | 1
RESOLUTION NO. (N.C.S.)

A RESOLUTION TO APPROVE TWO PROFESSIONAL SERVICE AGREEMENTS TO

INSTALL AND LICENSE CITYWORKS SOFTWARE
WHEREAS, the City of Salinas owns 283 parcels of land, most of which include improvements including buildings, mechanical equipment, recreational equipment, utility infrastructure, and artwork; and
WHEREAS, the City does not presently have the tools necessary to track the characteristics of these properties or any maintenance or improvement work done upon them; and WHEREAS, the City released a Request for Proposals (RFP) to identify software solutions that could assist the City in tracking both vital characteristics of properties as well as workflow for maintenance work; and
WHEREAS, after reviewing the responses to the RFP, City staff recommends that the City license CityWorks software for its property and asset management needs.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby approves the attached General Service Agreement with Centricity GIS LLC to install CityWorks software, as well as the attached License Agreement with Azteca Systems LLC, and hereby authorizes and directs the City Manager to execute the same on behalf of the City of Salinas.

PASSED AND APPROVED this 24th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:

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_________________________
Patricia M. Barajas, City Clerk
Attachments:

Exhibit A: Proposed General Service Agreement with Centricity GIS LLC Exhibit B: Proposed License Agreement with Azteca Systems LLC

GENERAL SERVICE AGREEMENT
THIS GENERAL SERVICE AGREEMENT (the "Agreement") is dated this 24th day of May, 2022.

Client
City of Salinas, a California municipal corporation and charter city, (the "Client")
Contractor
Centricity GIS, LLC 10659 N Sahalee St, Cedar Hills, UT 84062 (the "Contractor")

BACKGROUND

1. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.

2. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

Services Provided

1. The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):
o Cityworks Implementation, as more particularly described in Exhibit A.

2. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.

Term of Agreement

3. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties.

4. In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide 30 days' written notice to the other Party.

Performance

5. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

Currency

6. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).

Compensation

7. The Contractor will charge the Client a flat fee of $129,500 for the Services (the "Compensation").

8. A deposit of $50,000 (the "Deposit") is payable by the Client upon execution of this Agreement.

9. For the remaining amount, the Client will be invoiced as follows:
o Upon Completion of each Line Item once the entirety of the deposit has been applied.

10. Invoices submitted by the Contractor to the Client are due within 30 days of receipt.

11. The Contractor will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement.

Penalties for Late Payment

12. Any late payments will trigger a fee of 10.00% per month on the amount still owing.

Confidentiality

13. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

14. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.

15. All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.

Ownership of Intellectual Property

16. All intellectual property and related material (the "Intellectual Property") that is developed or produced under this Agreement, will be the property of the Contractor. The Client is granted a non-exclusive limited-use license of this Intellectual Property.

17. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor.

Return of Property

18. Upon the expiration or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.

19. In the event that this Agreement is terminated by the Client prior to completion of the Services the Contractor will be entitled to recovery from the site or premises where the Services were carried out, of any materials or equipment which is the property of the Contractor or, where agreed between the Parties, to compensation in lieu of recovery.

Capacity/Independent Contractor

20. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this Agreement.

Right of Substitution

21. Except as otherwise provided in this Agreement, the Contractor may, at the Contractor's absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.

22. In the event that the Contractor hires a sub-contractor:
o the Contractor will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the Contractor.
o for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.

Autonomy

23. Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.

Equipment

24. Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Agreement.

No Exclusivity

25. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.

Notice

26. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:

1. City of Salinas
200 Lincoln Avenue, Salinas, CA 93901

2. Centricity GIS, LLC
10659 N Sahalee St, Cedar Hills, UT 84062
or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier.

Indemnification

27. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

Modification of Agreement

28. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

Time of the Essence

29. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

Assignment

30. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

Entire Agreement

31. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

Enurement

32. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

Titles/Headings

33. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender

34. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

35. This Agreement will be governed by and construed in accordance with the laws of the State of California law, with jurisdiction over disputes in Monterey County or the appropriate federal court with jurisdiction over the matter.

Severability

36. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

37. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

Termination

38. The City may terminate the Agreement without cause at any time by giving the Consultant 30 days’ written notice of such termination. If any portion of the authorized work covered by this Agreement and begun by the Consultant is abandoned, unreasonably delayed or indefinitely postponed by the City, the Consultant may also terminate this Agreement by giving 30 days written notice.

The City may terminate the Agreement immediately at any time if the Consultant is in violation of any of the provisions of the Agreement.

In the event of termination of this Agreement by either party, the Consultant shall be paid for all services rendered by the Consultant up to the date of termination, in accordance with the payment provisions of this Agreement. If the Consultant has any property in its possession belonging to the City, the Consultant will account for the same, and dispose of it in the manner directed by the City.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this 24th day of May, 2022.

City of Salinas
Per:
(Seal)
Officer's Name: __________________________
Centricity GIS, LLC
Per:
(Seal)
Officer's Name: __________________________

EXHIBIT A
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-281, Version: 1
Short-Term Pond 3 Industrial Wastewater Effluent Utilization Agreement Approve a Resolution approving a Short-Term Pond 3 Industrial Wastewater Effluent Utilization Agreement with Monterey One Water and the Monterey County Water Resources Agency.

City of Salinas Page 1 of 1 Printed on 5/18/2022
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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: MAY 24, 2022
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, DIRECTOR
BY: BRIAN FRUS, SENIOR ENGINEER
TITLE: SHORT-TERM POND 3 INDUSTRIAL WASTEWATER

EFFLUENT UTILIZATION AGREEMENT WITH MONTEREY

ONE WATER AND THE MONTEREY COUNTY WATER

RESOURCES AGENCY
RECOMMENDED MOTION:

A motion to approve a Resolution approving a Short-Term Pond 3 Industrial Wastewater Effluent Utilization Agreement with Monterey One Water and the Monterey County Water Resources Agency.

RECOMMENDATION:

It is recommended that the City Council approve a resolution approving a Short-Term Pond 3 Industrial Wastewater Effluent Utilization Agreement with Monterey One Water and the Monterey County Water Resources Agency.

BACKGROUND:

The City owns and operates an Industrial Wastewater Collection and Conveyance System (IWCCS) that processes industrial wastewater (IWW), or “ag wash water,” from agriculturalrelated businesses operating in the City. The City treats the IWW by aeration and disposes of the effluent into ponds (including Pond 3) for evaporation and percolation, at the Industrial Wastewater Treatment Facility (IWTF).

Monterey One Water owns and operates the Regional Treatment Plant (RTP) and can divert IWW to the RTP directly via a shunt located at Treatment Plant 1 (TP1) or by way of the Pond 3 pump station located at the IWTF.

M1W, in partnership with Monterey County Water Resources Agency (MCWRA), has also maintained and operated the Monterey County Water Recycling Projects, which include the Salinas Valley Reclamation Plant (SVRP), owned by M1W, and the Castroville Seawater Page | 2
Intrusion Project (CSIP) and the Salinas River Diversion Facility (SRDF) owned by MCWRA.

These facilities provide recycled water for approximately 12,000 acres of agricultural land in Northern Monterey County, providing over 100 billion gallons of recycled water since 1998 by using wastewater from throughout northern Monterey County. MCWRA and M1W’s partnership is memorialized in the November 3, 2015 Amended and Restated Water Recycling Agreement between the two entities (2015 ARWRA) as amended in June 2021.

The Monterey County Water Resources Agency owns and operates the Nacimiento and San Antonio reservoirs which are tributary to the Salinas River. The Conservation Program recharges the groundwater basin and delivers water from the reservoirs to the SRDF for use in the CSIP system while also providing flows for environmental uses.

In early 2020, the Pure Water Monterey Groundwater Replenishment Project (PWM) including its Advanced Water Purification Facility (AWPF) began to operate, in partnership with the Monterey Peninsula Water Management District and Marina Coast Water District. The PWM Project’s Final Environmental Impact Report was certified by M1W on October 8, 2015 and includes diverting new source water to augment RTP influent wastewater volumes as needed, including Salinas IWW and stormwater.

Due to an extended drought period, resulting in diminished water supplies available in reservoir storage, MCWRA curtailed water deliveries to the SRDF, and M1W stopped utilizing SRDF water as of August 1, 2021. There will be no supplemental river water during the 2022 season.

Hence, additional water is needed to meet CSIP’s current peak irrigation demand for water (upwards of 2,000 acre-feet) between now and October of 2022.

Currently, there is no agreement between the three agencies that specifically addresses the usage of Pond 3 water nor defines the terms of such usage by another agency. However, in 2021, M1W, MCWRA and the City drafted a Short-Term Utilization Agreement which was approved by all three entities to address the same conditions. Presented with this report is that agreement with some minor modifications. These include updated dates, costs figures, ability to adjust certain costs if supported by a rate study and a statement acknowledging an existing agreement which allows the use of stormwater from the facility related to the State grant-funded capture and reuse project.

This Short-Term Utilization Agreement enables the City to supply additional industrial wastewater effluent from Pond 3 to MCWRA and M1W for use in CSIP to curtail groundwater pumping which would likely become necessary to offset the supply shortfall. Any curtailment of groundwater pumping will help slow seawater intrusion.

City staff determined an incremental cost of treatment and delivery of the City’s industrial wastewater during the term of this Short-term Utilization Agreement to be $426/acre-foot. This cost is based on forecasted capital improvement projects that would directly benefit the delivery Page | 3
of recycled IWW distributed across the total flow to the facility over a five-year period. This amount may be reduced if supported by a rate study currently in process.

In addition to City costs, M1W will charge their actual costs for treatment, operations, maintenance, and capital reserve for the Pond 3 pump station which include fixed costs of $203,352 and variable costs of $136 per acre-foot.

Hence for CSIP, MCWRA shall pay all incremental treatment and delivery costs associated with the City, plus M1W’s actual costs for treatment, operations, maintenance, and capital reserve for the Pond 3 pump station through payment terms previously established in Section VII of the 2015 ARWRA.

The City has been actively negotiating a long-term agreement for the future use of industrial wastewater effluent from Pond 3 by MCWRA and M1W in parallel to this Short-term Utilization Agreement.

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 proposed project and agreement relate to the following City Council’s Strategic Plan Initiatives:

1. Investment Strategies/Risk Management: Invests in existing facilities by enabling Industrial Wastewater to be monetized and used towards costs of future infrastructure.

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DEPARTMENTAL COORDINATION:

This project will rely on coordination between the Wastewater and the Water, Waste and Energy (WWE) divisions in Public Works. WWE will provide engineering support while the Wastewater Division will need to coordinate on-site activities with M1W and the continued operation of the facility. In addition, this project is dependent on a cooperative working relationship with both M1W and the MCWRA.

FISCAL AND SUSTAINABILITY IMPACT:

Revenues from the City’s incremental cost of $426 per acre-foot will benefit the Industrial Waste Enterprise Fund. Based on the projected range of flows from 800 to 2,000 AF, revenues could total $340,800 to $852,000. Moreover, this project will not involve the expenditure of any funds nor impact the General Fund.

ATTACHMENTS:

Resolution
Short-Term Pond 3 Industrial Wastewater Effluent Utilization Agreement

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RESOLUTION NO. _______(N.C.S.)
A RESOLUTION APPROVING A SHORT-TERM POND 3 INDUSTRIAL

WASTEWATER EFFLUENT UTILIZATION AGREEMENT WITH MONTEREY ONE

WATER AND THE MONTEREY COUNTY WATER RESOURCES AGENCY
WHEREAS, the City of Salinas owns and operates an Industrial Wastewater Collection and Conveyance System that processes industrial wastewater from agricultural-related businesses; WHEREAS, Monterey One Water (M1W) owns and operates the Regional Treatment Plant (RTP) and infrastructure capable of diverting industrial wastewater to the RTP; WHEREAS, M1W, in partnership with Monterey County Water Resources Agency (MCWRA), has also maintained and operated the Monterey County Water Recycling Projects, which include the Salinas Valley Reclamation Plant, the Castroville Seawater Intrusion Project (CSIP) and the Salinas River Diversion Facility;
WHEREAS, due to an extended drought period, additional water is needed to meet CSIP’s current peak irrigation demand for water between now through October of 2022; WHEREAS, staff from M1W, MCWRA and the City have drafted a Short-Term Utilization Agreement such that the City can supply additional industrial wastewater from Pond 3 to MCWRA and M1W for use in CSIP to offset the supply shortfall; WHEREAS, City staff has determined the cost of the industrial wastewater during the term of this Short-term Utilization Agreement to be $426/acre-foot based on forecasted capital improvement projects that would directly benefit the treatment and delivery of recycled industrial wastewater.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALINAS, consistent with the authority granted to the City Council, the Agreement by and among

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the City of Salinas, Monterey One Water and the Monterey County Water Resources for ShortTerm Pond 3 Industrial Wastewater Effluent Utilization is hereby approved; and BE IT FURTHER RESOLVED that the Mayor of Salinas is hereby authorized and directed, for and on behalf of the City of Salinas, and as its act and deed, to execute the attached Agreement to enter and construct between the City of Salinas, a Charter City, Monterey One Water, a Joint Powers Authority and Monterey County Water Resources Agency.

BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute extensions and/or non-substantive modifications to the Agreement, as necessary.

PASSED AND APPROVED this 24th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

____________________________
Kimbley Craig, Mayor
ATTEST:
____________________________
Patricia M. Barajas, City Clerk

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SHORT-TERM POND 3 INDUSTRIAL WASTEWATER EFFLUENT UTILIZATION

AGREEMENT
This SHORT-TERM POND 3 INDUSTRIAL WASTEWATER EFLUENT
UTILIZATION AGREEMENT (hereinafter referred to as “Short-term Utilization Agreement”) is made this 24th day of May 2022, by and among Monterey One Water (hereinafter referred to as “M1W”), a California Joint Powers Authority; the Monterey County Water Resources Agency (hereinafter referred to as “MCWRA”), a special district formed per California Water Code App. § 52-1, et seq; and the City of Salinas (hereinafter referred to as “City”), a California charter city and municipal corporation, sometimes collectively referred to herein as “the Parties.”

RECITALS
WHEREAS, the City owns and operates an industrial wastewater collection and conveyance system (“IWCCS”) that receives and conveys industrial wastewater (“IWW”) from approximately 25 processing and related businesses operating in the southeast area of the City.

The City transports the IWW to its Industrial Wastewater Treatment Facility (“IWTF”) located at South Davis Road south of the City and immediately north of the Salinas River, where the City treats it by aeration and disposes of the effluent by evaporation and percolation in ponds, including in Pond 3. M1W also collects stormwater for conveyance to the IWTF; WHEREAS, M1W owns and operates the Regional Treatment Plant (“RTP”) at which M1W expects to treat approximately 17 and as much as 20 million gallons per day of wastewater at the RTP. For over 20 years, M1W, in partnership with MCWRA, has also maintained and operated the Monterey County Water Recycling Projects, which include the Salinas Valley Reclamation Plant (“SVRP”), owned by M1W, and the Castroville Seawater Intrusion Project (“CSIP”) and the Salinas River Diversion Facility (“SRDF”), owned by MCWRA. These facilities provide recycled water for approximately 12,000 acres of agricultural land in Northern Monterey County, providing over 100 billion gallons of recycled water since 1998 by using wastewater from throughout northern Monterey County. MCWRA and M1W’s partnership is memorialized in the November 3, 2015 Amended and Restated Water Recycling Agreement between the two entities as amended in June 2021 (“2015 ARWRA”); WHEREAS, M1W can divert IWW to the M1W municipal wastewater collection system (“M1W system”) directly via a shunt located at Treatment Plant 1 (“TP1”) and divert treated IWW effluent to the M1W system via the Pond 3 pump station located at the northwest portion of the IWTF;
WHEREAS, MCWRA owns and operates the Nacimiento and San Antonio reservoirs which are tributary to the Salinas River. The Conservation Program recharges the groundwater basin and delivers water from the reservoirs to the SRDF for use in the CSIP system; WHEREAS, in early 2020, the Pure Water Monterey Groundwater Replenishment Project (“PWM”) including its Advanced Water Purification Facility (“AWPF”) began to

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operate, in partnership with the Monterey Peninsula Water Management District and Marina Coast Water District. The PWM Project’s Final Environmental Impact Report was certified by M1W on October 8, 2015, which includes diverting new source water to augment RTP influent wastewater volumes as needed, including Salinas IWW. M1W’s ability to recycle wastewater for beneficial reuse is achieved by using its SVRP and AWPF, and associated conveyance facilities;
WHEREAS, as water supplies in Monterey County become less reliable, including impacts from climate change, drought and unsustainable groundwater use resulting in seawater intrusion into coastal aquifers, the Parties are committed to providing cooperative water solutions for their citizens, businesses and ecosystems;
WHEREAS, due to these water resource challenges, the Parties are continuing to seek new water sources for recycling for augmenting agricultural irrigation supply for CSIP through the production of additional tertiary-treated recycled water from the SVRP to reduce use of groundwater in the region and for replacing and augmenting potable water supplies in northern MontereyCounty;
WHEREAS, due to an extended drought period, resulting in diminished water supplies available in reservoir storage, MCWRA curtailed water deliveries to the SRDF; WHEREAS, additional water is needed to meet CSIP’s current peak irrigation demand for water from April 1 to October 31 2022;
WHEREAS, the City’s IWCCS conveys approximately 3,000 acre-feet/year of industrial wastewater to its TP1 site and, when not diverted to the RTP, to its IWTF, where after treatment, the effluent is discharged into ponds; WHEREAS, the Parties desire to enter into this Short-Term Utilization Agreement for the City to supply additional industrial wastewater from Pond 3 (“Pond 3”) to MCWRA and M1W for use in CSIP to curtail groundwater pumping and help slow seawater intrusion; WHEREAS, the Parties understand the grant performance metrics for stormwater capture and reuse as identified in the Right of Entry Agreement Salinas Industrial Wastewater Treatment Facility and Salinas Pump Station between M1W and the City of Salinas; WHEREAS, the Parties have agreed that the incremental cost of treatment and delivery of the City’s industrial wastewater during the term of this Short-term Utilization Agreement will be $426/acre-foot. This amount may be reduced if supported by a rate study currently in progress;
WHEREAS, in 2022, M1W’s costs to divert and treat industrial wastewater at TP-1 include a fixed cost of $22,315, plus a variable cost (referred to as “Interruptible Rate”) of $403 per acre-foot and to divert and treat Pond 3 treated industrial wastewater effluent include a fixed cost of $203,352 and a variable cost of $136 per acre-foot;

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WHEREAS, the Parties understand and acknowledge the need to work cooperatively and collaboratively among themselves and with other regional stakeholders and interested parties to develop a long-term comprehensive strategy and agreement that makes the best use of all the water resources in Monterey County to address the multiple water needs of Monterey County; and
WHEREAS, the City is willing to negotiate the future use of industrial wastewater effluent in Pond 3, by MCWRA and M1W beyond the term of this Short-term Utilization Agreement, with the understanding that the Parties will work to accomplish the goals set forth in the above recitals in a new and long-term agreement to potentially include the utilization of future IWW flows for CSIP and the PWM projects.

NOW, THEREFORE and in consideration of the foregoing recitals, the Parties hereby agree as follows:

1. TERM. The effective date of this Short-term Utilization Agreement shall be the date first written hereinabove (“Effective Date”). This Agreement shall terminate at 12:00 a.m. on November 1, 2022.

2. CONDITIONS. The following conditions are applicable to the diversion of IWTF effluent in Pond 3 to the RTP during the term of this Short-term Utilization Agreement:
a. Throughout the term of this Short-term Utilization Agreement, the City shall continue to allow M1W to operate its Pond 3 Pump Station to divert the treated industrial wastewater effluent in Pond 3 at the IWTF to M1W’s RTP for treatment and recycling using its RTP and SVRP to supplement existing influent to the RTP.
b. Point of transfer shall be the M1W’s Pond 3 pump station that collects and conveys effluent from the City’s IWTF.
c. Real-time flows and water quality will be monitored by M1W SCADA and reviewed by M1W Operations Department. Flow reports will be submitted to MCWRA on a daily basis.
d. Contract source control monitoring of the processing facilities will continue as contracted by City.
e. For CSIP, MCWRA shall pay all incremental treatment and delivery costs associated with the City, plus M1W’s variable diversion and treatment costs captured in the Interruptible Rates and the full annual fixed costs for the Pond 3 pump station and direct diversion facilities at TP1. Prior to diverting Pond 3 for CSIP, MCWRA will provide written authorization to M1W to divert Pond 3 water based on recommendations from M1W.

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3. The City shall notify M1W immediately should the City become aware of any noncompliant wastewater discharge from any of the industrial facilities. M1W retains the authority to cease diverting effluent from Pond 3 IWTF based on water quality of other conditions found by M1W to constitute a potential adverse health, safety, or environmental condition to the RTP, SVRP, and AWPF. M1W will then notify the City and MCWRA within 24 hours of a diversion cessation.

4. Miscellaneous:
a. In entering into this Short-term Utilization Agreement, the City, MCWRA, and M1W each represent that it has read all of the terms of this Short-term Utilization Agreement and the terms of this Short-term Utilization Agreement are fully understood and voluntarily accepted by each.
b. The Parties acknowledge that each Party has reviewed this Short-term Utilization Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Short-term Utilization Agreement. c. This Short-term Utilization Agreement sets forth the entire understanding of the Parties in connection with the subject matter herein. None of the Parties have made any statement or inducement for the other to enter into this Agreement except as is expressly set forth in this Short-term Utilization Agreement. It is expressly understood and agreed that this Short-term Utilization Agreement may not be altered, amended, modified or otherwise changed in any respect whatsoever except by writing duly executed by authorized representatives of the Parties hereto. The Parties agree that they will make no claim at any time or place that this Short-term Utilization Agreement has been orally altered or modified or otherwise changed by oral communication or any kind or character. d. This Short-term Utilization Agreement shall be governed by the laws or the State of California. Venue shall be in the County of Monterey. e. In the event any portion or this Short-term Utilization Agreement is deemed to not be enforceable, or is in conflict with applicable law, the remainder or this Shortterm Utilization Agreement shall be enforced and shall remain in full force and effect unless the portion unenforceable is a material consideration to a Party of this Short-term Utilization Agreement.
f. All Parties agree to cooperate fully and to execute any and all documents, and to take all additional actions that may be necessary or reasonably appropriate to give full force and effect to the basic terms and intent of this Short-term Utilization Agreement, and which are not inconsistent with its terms. g. The individuals whose signatures appear here in below represent, warrant and guarantee that they have the authority to execute this Short-term Utilization

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Agreement on behalf of those entities on whose behalf they purport to execute this document.

5. Indemnification and Hold Harmless. Each Party to this Short-term Utilization Agreement hereby agrees that it shall indemnify, defend, and hold harmless the other parties (including the other parties, respective officers, agents, and employees) from and against any and all claims, liabilities, and losses whatsoever occurring or resulting to any person, firm, corporation or entity for foreseeable consequential damage, property damage, injury, or death arising out of or connected with that party’s negligence or nonperformance of its obligations under this Short-term Utilization Agreement. The provisions of this Section 5 shall survive the expiration of the term or termination of this Short-term Utilization Agreement.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of MCWRA, the City and M1W have entered into this Agreement as of the date first entered above.

CITY OF SALINAS
____________________________
Kimbley Craig, Mayor
APPROVED AS TO FORM:
___________________________
Christopher A. Callihan, City Attorney
ATTEST:
_____________________________
Patricia M. Barajas, City Clerk

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MONTEREY ONE WATER
_____________________________
Mary Ann Carbone, Board Chair
APPROVED AS TO FORM:
______________________________
James Gilpin, Legal Counsel
ATTEST:
_____________________________
Chayito Ibarra, Board Clerk

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MONTEREY COUNTY WATER RESOURCES AGENCY
_____________________________
Brent Buche, General Manager
APPROVED AS TO FORM:
______________________________
Kelly L. Donlon, Legal Counsel
ATTEST:
_____________________________
NAME, Board Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-284, Version: 1
Service Agreement with McLaughlin Painting and Waterproofing Corporation Approve a Resolution authorizing a Services Agreement in the amount of $58,461 between the City of Salinas and McLaughlin Painting and Waterproofing Corporation for the painting of three (3) Recreation Centers.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: MAY 24, 2022
DEPARTMENT: LIBRARY AND COMMUNITY SERVICES
FROM: KRISTAN LUNDQUIST, DIRECTOR
BY: ANA AMBRIZ, MANAGEMENT ANALYST
TITLE: SERVICE AGREEMENT BETWEEN THE CITY AND

MCLAUGHLIN PAINTING AND WATERPROOFING
CORPORATION FOR THE PAINTING OF THREE (3)

RECREATION CENTERS
RECOMMENDED MOTION:

A motion to approve a Resolution authorizing a Services Agreement in the amount of $58,461 between the City of Salinas and McLaughlin Painting and Waterproofing Corporation for the painting of three (3) Recreation Centers.

RECOMMENDATION:

It is recommended that the City Council approve a Resolution authorizing a Services Agreement in an amount of $58,461 between the City of Salinas and McLaughlin Painting and Waterproofing Corporation for the painting of three (3) Recreation Centers.

BACKGROUND:

In FY 2021-22 the City Council appropriated approximately $3 million dollars in Capital Improvement Project (CIP) funds for immediate and short-term implementation activities of the Alisal Vibrancy Plan (AVP). The AVP Implementation Plan, developed in collaboration with the AVP Implementation Committee, prioritizes short-term activities to improve the cleanliness, appearance, infrastructure, and parks and open space in the Alisal. As a result, $550,000 dollars were allocated for Parks and Open Space. One of the projects under the parks and open space allocation is to paint and prep the Breadbox and Closter Recreation Centers for mural beautification. The third location to be prepped and painted to receive a mural is the El Dorado Park Recreation Center. El Dorado Park is not part of the AVP, and the cost will be absorbed by the departments Measure G allocation.

In March 2020, the Facilities Division requested pricing for the preparation and painting of the El Dorado Park, Breadbox and Closter Park Community Centers for mural beautification from Speed Boy Paint, Huerrmo Paint and McLaughlin. Mclaughlin was the only company that responded to the request for pricing. Based on the response from McLaughlin, the Facilities Division Page | 2
recommended proceeding with their proposal and enter into a Services Agreement in the amount of $58,461.

CEQA CONSIDERATION:

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

STRATEGIC PLAN INITIATIVE:

Approval of this Service Agreement will support the City Council goals of Economic Development, Infrastructure and Environmental Sustainability.

DEPARTMENTAL COORDINATION:

The Library and Community Services Department has coordinated with Public Works and Community Development to determine scope of work, request pricing and allocate funding for this project. The Legal Department has also contributed by reviewing the proposed Service Agreement.

FISCAL AND SUSTAINABILITY IMPACT:

As noted above, funds for the painting and prep for murals at the Breadbox, Closter Park and El Dorado Park Recreation Centers are appropriated and available in the AVP’s Capital Improvement Project (CIP) Fund #9246 (5800.30.9246-63.6010) and Parks and Recreation Measure G (1200.55.6234-63.6010).

ATTACHMENTS:

Resolution
Agreement for Services
Page | 1
RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING A SERVICE AGREEMENT BETWEEN THE CITY

AND MCLAUGHLIN PAINTING AND WATERPROOFING CORPORATION FOR THE PAINTING OF THREE (3) RECREATION CENTERS
WHEREAS, the City Council appropriated approximately $3 million dollars in Capital Improvement Project (CIP) Budget for immediate and short-term implementation activities of the Alisal Vibrancy Plan (AVP); and
WHEREAS, the AVP Implementation Plan, developed in collaboration with the AVP Implementation Committee, prioritizes short-term activities to improve the cleanliness, appearance, infrastructure, and parks and open space in the Alisal; and WHEREAS, one of the projects under the parks and open space allocation is to prep and paint the Breadbox and Closter Park Recreation Centers for mural beautification; and WHEREAS, on March 2020 Public Works requested pricing from three vendors for the prep and painting of the Recreation Centers to receive the murals; and WHEREAS, one response was received from McLaughlin Painting and Waterproofing Corporation and it was determined that McLaughlin’s experience and ability to perform the service made them the qualified bidder; and
WHEREAS, 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).

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council approves a Services Agreement in an amount of $58,461 between the City of Salinas and McLaughlin Painting and Waterproofing Corporation for the painting of three (3) Recreation Centers and authorizes the City Manager to enter into such agreement on behalf of the City.

PASSED AND APPROVED this 24th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Page | 2
APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
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McLaughlin Painting & Waterproofing
May 2022

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF SALINAS AND MCLAUGHLIN PAINTING AND WATERPROOFING

EXTERIOR PAINTING OF RECREATION FACILITIES
THIS AGREEMENT is executed this __ day of ___ 2022, (“Agreement” or “Contract”) between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and McLaughlin Painting and Waterproofing Corporation, (Hereinafter “Contractor”).

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, the following services: Painting of recreation facilities and minor repairs at El Dorado Park, Closter Park and Breadbox, as outlined in Attachment B, attached hereto and incorporated herein by reference.

2. Timeliness. Contractor shall perform all tasks in a timely fashion, as set forth more specifically in Section 3 below. Failure to so perform is hereby deemed a material breach of this Agreement, and City may terminate this Agreement with no further liability hereunder, or the city may agree in writing with Contractor to an extension of time.

3. Term. The work under this Agreement shall commence upon issuance of notice to proceed and shall be completed withing 90 working days, unless City grants a written extension of time as set forth in Section 2 above.

4. Payment. City agrees to pay, and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, fifty-eight thousand, four hundred sixty-one dollars ($58,461). Contractor has no right of reimbursement for expenses under this Agreement.

Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

5. Meet & Confer. Contractor 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 City to insure timely and adequate performance of this Agreement.

6. Insurance. Contractor shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Attachment A hereto.

7. Indemnification. Contractor shall hold harmless, defend at its own expense, and indemnify City and its officers, officials, employees, agents, and volunteers from and against all Agreement for Services v. January 2021 Page 2 of 12
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liability, claims, damages, losses, and/or expenses including reasonable City attorney fees arising from all acts or omissions of Contractor or its officers, agents, or employees arising out of the performance of the work under this Contract, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of the City.

8. Licensing. Contractor warrants that it is properly licensed to perform the work specified under this Agreement, including but not limited to possession of a current City business license.

9. Termination. City may terminate this Agreement upon ten days’ written notice. The amount of damages, if any, as a result of such termination may be decided by negotiations between the parties or before a court of competent jurisdiction.

10. Agency. In performing the services specified under this Agreement, Contractor is hereby deemed to be an independent contractor and not an agent or employee of City.

11. Non-Assignability. The rights and obligations of Contractor hereunder are not assignable and cannot be delegated without written consent of City.

12. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto and supersedes any and all prior agreements, whether oral or written, relating to the subject matter thereof. Any modification of the Agreement will be effective only if it is in writing signed by both parties hereto.

13. Validity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.

14. Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.

15. Laws. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations. 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.

IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto on the day and year first written above.

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CITY OF SALINAS
__________________________________
Steve Carrigan, City Manager
APPROVED AS TO FORM:
__________________________________
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney

CONTRACTOR
By (Printed Name):_________________
Its (Title):___________________________
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Attachment A
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her/its officers, agents, representatives, employees, and/or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form 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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.

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

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, 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.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, 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 Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf Agreement for Services v. January 2021 Page 5 of 12
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of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’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).

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO 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 Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

4. A copy of the claims reporting requirements must be submitted by Contractor to the City.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractor’s Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

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

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including an additional insured endorsement and all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’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
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Agreement for Services v. January 2021 Page 6 of 12
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Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor may carry, at its own expense, such additional insurance as it deems necessary.

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.

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Attachment B
Scope of Work for Painting and Repairs
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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-286, Version: 1
Sublease of 801 Abbott Place
Approve a Resolution authorizing a Sublease Agreement between the City of Salinas and Simplot for the property located at 801 Abbott Place.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: MAY 17, 2022
DEPARTMENT: FIRE DEPARTMENT
FROM: SAMUEL KLEMEK, ACTING FIRE CHIEF
TITLE: SUBLEASE OF ABBOTT PLACE TRAINING FACILITIES
RECOMMENDED MOTION:

It is recommended that the City Council approve a resolution approving the sublease of 801 Abbott Place from Simplot AB Retail, Inc. for use by the fire department for a term of (3) years in the amount not to exceed $180,000.

RECOMMENDATION:

Staff recommends Council approve the sublease agreement from Simplot AB Retail, Inc. to provide training and storage facilities for the Salinas Fire Department.

EXECUTIVE SUMMARY:

The Fire Department is in dire need of a location to conduct classroom training for existing staff and recruit academies. In addition, the fire department lacks adequate storage facilities for reserve equipment, supply stock, protective clothing inventories and miscellaneous equipment. The department seeks to centralize training and drill facilities to maximize efficiency of resource movement and availability on a daily basis.

BACKGROUND:

Both the Fire and Police Departments occupied this facility for a number of years under a lease agreement until its’ expiration in 2019. With the construction of the new police services facility, the lease agreement was terminated leaving the fire department without a venue to conduct fire academies or regular mandated training of fire suppression staff. In addition, the fire department was forced to transfer all of its’ backup equipment and supply inventories to the metal garages behind the former police department building that lack temperature and moisture control and are subject to constant rodent and insect infestations.

As the master tenant, Simplot AB Retail, Inc. has received permission to sublease the premises to the Fire Department for the remaining term of their lease. This provides much needed relief to the Fire Department to fulfill its’ needs in this area, while moving toward the goal of improving existing facilities through the Capital Improvement Plan.

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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:

This purchase fits within the current concepts of the strategic plan:
 Effective and Culturally Responsive Government
 Public Safety
 Infrastructure and Environmental Sustainability
FISCAL AND SUSTAINABILITY IMPACT:

The Fire Department seeks to utilize $60,000 in its’ existing General Funds approved at the midyear 21/22 budget adoption in account 1000.45.4540-63.3200. The balance of funding ($120,000) has been included in the Fire Department’s FY 22/23 budget.

ATTACHMENTS:

Resolution
Sublease Agreement
1 RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING THE SUBLEASE OF THE PREMISES LOCATED AT 801 ABBOTT PL IN THE CITY OF SALINAS FOR TEMPORARY USE AS FIRE

DEPARTMENT TRAINING AND STORAGE FACILITIES
WHEREAS, the Salinas Fire Department lacks adequate training classroom and storage facilities for conducting fire academies and mandated regular classroom training for fire suppression staff); and
WHEREAS, the department has negotiated a mutually agreeable Sublease Agreement with Simplot AB Retail, Inc. for a term of (3) years in the amount of $5,000 per month inclusive of utilities, maintenance, and repairs; and
WHEREAS, said Sublease Agreement will allow the fire department time to develop more permanent centralized training facilities; and
WHEREAS, the fire department is mandated to provide ongoing training in both classroom and manipulative environment to its’ staff where proficiency in skills is critical to public and firefighter safety; and
WHEREAS, funding for this Sublease Agreement is available in the 2021-2022 fiscal year CIP and budgets; and
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the Mayor to enter into the Sublease Agreement on behalf of the City, and to sign all other necessary contracts related to this Sublease, upon review and approval of the City Attorney.

PASSED AND APPROVED this 17th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
________________________
Kimbley Craig, Mayor
2 ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Sublease Agreement 1 of 11

SUBLEASE AGREEMENT
THIS SUBLEASE AGREEMENT (“Sublease”), is effective as of the date of the last signature below (“Effective Date”), and is by and between SIMPLOT AB RETAIL, INC., a Delaware Corporation with its principal address at 1099 West Front Street, Boise, ID 83702 (“Landlord”), and The City of Salinas, a California charter city and municipal corporation with its principal address at 200 Lincoln Ave., Salinas, CA 93901(“Tenant”). Tenant and Landlord are collectively referred to herein as “Parties” and individually as “Party.” For the rent, the use and occupancy of the premises described, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. PREMISES. The premises consist of a portion of certain real property, including any improvements located thereon, located at 801 Abbott Street, Salinas, CA 93908, as specifically described and depicted in more detail on Exhibit A attached hereto and incorporated herein by reference (collectively the “Premises”).

2. MASTER LEASE. Landlord is the tenant of real property, including the Premises, pursuant to a Lease Agreement, dated May 10, 2021 (the “Master Lease”), between Landlord as tenant and Barone Living Trust dated December 6, 2000 as the owner and landlord which is attached hereto and incorporated herein as Exhibit B. This Sublease is and shall be at all times subject and subordinate to the Master Lease. As it relates to the Premises hereunder, Tenant agrees that, except to the extent that the provisions of the Master Lease are directly contradicted by this Sublease it shall perform and observe all of the terms, conditions, covenants and obligations, and be bound by all the limitations imposed on Landlord by the Master Lease as if Tenant were the “tenant” named in the Master Lease. Tenant shall not do or permit to be done any act or thing, or omit to do anything, which may constitute a breach or violation of any term, covenant, or condition of the Master Lease, notwithstanding if such act, thing, or omission is permitted under the terms of this Sublease.

3. USE. The Premises are hereby leased to Tenant for use solely by Tenant and its employees in the normal course of Tenant’s lawful business activities which are limited only to offices, a training classroom and a “fire museum”, which museum may include on old fire engine (“Permitted Use”).

The Premises will not be open or accessible to the public. No equipment containing oil, fuel, or other liquids capable of potential leaking shall be stored inside. Any other use will require Landlord’s prior written consent. Any use inconsistent with this Sublease will be considered a default and breach of this Sublease.

4. TERM. The initial term of this Sublease will commence on May 1, 2022 and shall continue for three (3) years. The Term of this Sublease may be extended upon mutual written agreement of the Parties. As used in this Sublease, “Term” shall mean the initial term and any extensions thereof. If for any reason the Master Lease is terminated or expires prior to this Sublease, this Sublease shall automatically terminate and Landlord shall not be liable to Tenant for such termination.

5. RENT. Tenant shall pay $5,000 monthly in rent (“Rent”) for the Term of this Sublease. Tenant shall pay Rent to Landlord in advance on or before the fifth (5th) day of each calendar month, by wire transfer, direct deposit or other means acceptable to Landlord at Landlord’s address set forth above, or such other address as Landlord may from time to time designate in writing. All rent due hereunder shall be paid to Landlord without offset or prior notice or demand, in lawful money of the United States.

Sublease Agreement 2 of 11

6. SECURITY DEPOSIT. None Required.

7. UTILITIES. Landlord will be responsible for the payment of the following utilities: electricity, natural gas (if available), sewer, water, and garbage service. Unless otherwise agreed upon, Tenant shall pay all monthly service costs for telephone and internet service at the Premises.

8. CONDITION OF PREMISES. Landlord has made no representation or warranty, expressed or implied, with respect to the condition of the Premises or the fitness of the Premises for any particular use. Tenant acknowledges that it has been given the opportunity to fully investigate the Premises and is familiar with the size, dimensions, physical condition, and zoning of the Premises.

By occupying the Premises, Tenant will be deemed to have accepted the Premises “asis” and “where is” and with all faults, and without any warranty and specifically without warranty of merchantability, habitability, and fitnessfor a particular purpose. Landlord shall not be obligated to make any alteration or improvement to the Premises. Tenant hereby waives the provisions of California Civil Code Section 1932(1) due to an interruption, failure or inability to provide any services.

Pursuant to Section 1938 of the California Civil Code, the Premises has not undergone inspection by a Certified Access Specialist or CASp, which means any person who has been certified pursuant to Section 4459.5 of the California Government Code. California Civil Code Section 1938 provides that although state law does not require a CASp inspection of the Premises, Landlord may not prohibit Tenant from obtaining a CASp inspection of the Premises for the occupancy or potential occupancy of the Tenant, if requested by Tenant. Landlord and Tenant hereby agree that Tenant shall pay for the fee for the CASp inspection and for all costs of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.

9. POSSESSION; QUIET ENJOYMENT. Tenant will be entitled to possession of the Premises from the first day of the Term and will yield possession of the Premises to the Landlord on the last day of the Term, unless otherwise agreed in writing by both Parties. If and so long as no Tenant event of default shall have occurred and be continuing, Tenant shall peaceably and quietly have, hold and enjoy the Premises for the Term of this Sublease. At the expiration or earlier termination of this Sublease, Tenant shall surrender possession of the Premises to Landlord in as good condition as existed upon the Effective Date, reasonable wear and tear excepted. All property of Tenant remaining in or on the Premises after the last day of the Term, shall be deemed abandoned and may be removed by Landlord.

10. MAINTENANCE AND OPERATION OF THE PREMISES.
a) By Landlord. Landlord shall be responsible for maintaining, in the same condition and repair as existed at the start of this Sublease, reasonable wear and tear excepted, all structural portions of all improvements including the foundation, outside walls, roof, and roof membrane; sewer, water pipes, and other matters relating to plumbing including interior fixtures; electrical wiring and other electrical systems; air conditioning and heating systems; and all life safety systems (such as sprinkler systems); exclusive of doors and windows. In the event the Premises should become in need of repairs to be made by Landlord hereunder, Tenant shall give prompt written notice thereof. Tenant hereby waives any and all rights under and benefits of Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect, and Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect.

Sublease Agreement 3 of 11
b) By Tenant. Tenant, at its expense, shall be responsible for all necessary routine maintenance and non-structural repairs, including doors and windows, to properly maintain the Premises, reasonable wear and tear excepted. Tenant shall keep and maintain adjoining areas, sidewalks and parking lots (if any) in a clean, safe and attractive condition and free from snow and ice. If Tenant refuses or neglects to perform such maintenance, or any part thereof, within a reasonable time after written notice from Landlord, Landlord may at its option perform such service on behalf of and for the account of Tenant and Tenant shall promptly pay as additional rent any sums so expended.

11. IMPROVEMENTS; SIGNAGE. All changes or additions to the Premises by Tenant, not including removable trade fixtures, shall require Landlord’s written consent and shall be solely at Tenant’s expense. All changes or additions made by Tenant to the Premises, other than Tenant’s trade fixtures and Tenant’s personal property, shall become the property of Landlord upon termination of this Sublease, unless Landlord requests that some or all of the same to be removed, in which event Tenant shall promptly remove such improvements made by Tenant and designated in the notice, and repair any structural damage caused thereby. Any improvements shall be properly installed and shall conform with all applicable laws, rules, ordinances, and regulations. Upon completion of any alterations which require Landlord’s prior approval, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of in which the Premises is located in accordance with Sections 8182, 8184, 9204 and 9208 of the Civil Code of the State of California or any successor statute. Tenant may, at its expense and in compliance with applicable law, rules, ordinances, and regulations, install new signs on the Premises as may be reasonable and which shall not damage or impair the attractiveness of the Premises. Such signs shall be approved by Landlord in advance, which approval shall not be unreasonably withheld, conditioned or delayed.

12. COMPLIANCE WITH LAWS. Tenant shall comply with all applicable federal, state, county, city and municipal laws, rules, regulations, ordinances and requirements applicable to Tenant, the Premises, or Tenant’s use or occupancy of the Premises, including, but not limited to, all zoning, fire, environmental (including those regarding Hazardous Materials or Hazardous Substances, as defined below) health or safety regulations. In the event of any change in applicable laws that require alteration to the Premises, Tenant will make the alterations at its cost and in compliance with all applicable laws, rules, ordinances and regulations.

13. HAZARDOUS MATERIALS. Tenant shall not accumulate, handle, use, or store on the Premises Hazardous Materials except in types and quantities reasonably used in household use. Tenant shall comply with any lawful order by an entity with authority to regulate the use, accumulation, storage or disposal of Hazardous Materials. Tenant hereby covenants and warrants that during the term of this Sublease, neither Tenant nor any other person or entity acting under Tenant’s control or authority shall discharge nor permit any discharge of any Hazardous Substances on, in or under the Premises. Tenant expressly assumes all liability for any such contamination, and Tenant shall indemnify, defend and hold harmless Landlord from and against all claims, damages, expenses or causes of action arising therefrom. As used herein, “Hazardous Material” or “Hazardous Substance” means and includes any of the substances, materials, elements or compounds that are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress or the EPA, or any substances, materials, elements or compounds affected by any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree now or at any time hereafter in effect regulating, relating to or imposing liability or standards of conduct concerning any hazardous, Sublease Agreement 4 of 11
toxic, dangerous, restricted or otherwise regulated waste, substance or material, as of now or at any time hereafter in effect.

14. PERSONAL PROPERTY TAXES. Tenant shall pay before delinquency all taxes and other public charges levied upon or measured by the value of its business operation, and upon the furniture, fixtures, equipment or other property of Tenant located on the Premises, whether or notsuch charges are now customary.

15. INSURANCE.
a) Commercial General Liability. During the Term of this Sublease, Tenant and Landlord shall each maintain commercial general liability insurance in respect of the Premises in the amount of One Million Dollars ($1,000,000.00) per occurrence for bodily injury and property damage.

Each shall cause the other to be named as additional insured thereunder. b) Property Damage and Casualty Insurance. During the Term of this Sublease, Landlord will maintain and carry all-risk property damage and casualty insurance insuring against fire and other risks covered by a standard casualty insurance policy with an endorsement for extended coverage for the Premises. The insurance shall be maintained in an amount equal to the full replacement cost of the Premises and improvements. Landlord is not responsible for insuring Tenant’s personal property located on the Premises.
c) Renter’s Insurance. During the Term of this Sublease, Tenant shall obtain and maintain appropriate “renter’s insurance” on its personal property. d) Self-Insurance. Landlord understands and acknowledges that the Tenant is self-insured for all forms of legal liability and that one or more policies of such self-insurance are sufficient to meet the requirements of this section."

16. DEFAULTS. Time is of the essence in the performance of each Party’s obligations under this Sublease. A Party (each a “Defaulting Party”) shall be in default under any of the following circumstances (each a “Default Event”):
a) failure to fulfill any obligation by which it is bound, provided, however, except where the default is failure by Tenant to pay Rent, the Non-Defaulting Party will provide the Defaulting Party with thirty (30) days written notice and an opportunity to cure. No such notice and opportunity to cure shall be applicable to a default by Tenant in payment of Rent; or b) becoming a party to a voluntary or involuntary bankruptcy case, receivership, or other creditor remedial action, or making an assignment for the benefit of creditors; or c) abandonment or vacation of the Premises or the taking of this Sublease by any writ of execution.

Any notice periods provided in this Sublease are in lieu of, and not in addition to, any notice periods provided by law, including, without limitation, under California Code of Civil Procedure Section 1161 or any similar or successor law.

17. REMEDIES. Upon the occurrence of a Default Event, the following remedies shall be nonexclusive and cumulative:

Sublease Agreement 5 of 11
a) Landlord’s Remedies. In the event Tenant is the Defaulting Party, then Landlord may:
i. Seek to collect past due rent and other past due obligations; ii. Terminate this Sublease by written notice to Tenant and thereafter seek to repossess the Premises, through the appropriate judicial process, and Landlord shall be entitled to damages in an amount as set forth California Civil Code Section 1951.2; iii. Elect to cure any Default Event and add the reasonable cost of such cure to the Tenant’s financial obligations under this Sublease;
iv. Maintain this Sublease in full force and effect, whether or not Tenant has abandoned the Premises, and recover all monetary sums due hereunder as they become due, in which event Landlord shall have the right to enter upon the Premises for the purpose of preserving and maintaining the same and to re-let the Premises upon terms acceptable to Landlord, including the right to remove property and persons from the Premises and to prepare the Premises for such re-letting, without being deemed to have terminated this Sublease. Any property of Tenant removed from the Premises may be stored at Tenant's cost, and if Tenant does not pay such storage, sold at public auction after not less than 10 days’ prior notice to Tenant, with the proceeds applied to sums due hereunder to Landlord. If such re-letting occurs, this Sublease shall automatically terminate upon the new tenant taking possession, but Tenant shall remain liable for damages, including but not limited to all monetary sums then due with interest, leasing commissions and alteration costs incurred by Landlord in securing the new Tenant, and the difference in rental rates between this Sublease and such re-letting if such re-letting is at a lesser rate; Tenant’s obligations hereunder shall be reduced by the difference in rental rates between this Sublease and such re-letting if such re-letting is at a higher rate; and/or v. Elect any other remedies available at law, in equity, or under this Sublease. b) Tenant’s Remedies. In the event Landlord is the Defaulting Party, then Tenant may:
i. Terminate this Sublease and seek all remedies, legal and equitable, available to it hereunder or at law; or
ii. Elect to cure any Default Event as provided above and obtain from Landlord the reasonable cost of such cure.
c) Waiver. The failure of either party to insist on strict performance of any covenant or condition hereof, or to exercise any option herein contained, shall not be construed as a waiver of such covenant, condition or option in any other instance.
d) Force Majeure. The term force majeure, as used herein, means an uncontrollable event including an Act of God, and also, including without limitation, labor stoppages and governmental action other than changes in applicable tax laws, beyond the reasonable control of, and without the fault or negligence of, the Party claiming force majeure. Neither Party is liable, and each shall be excused, for delay or breaches, other than for the payment of Rent, caused by any force majeure event. Each party shall retain all rights arising from any breaches prior to the force majeure event. Tenant waives any and all rights and defenses to which it may be entitled pursuant to Section 1511 of the California Civil Code, and expressly assumes the Sublease Agreement 6 of 11
risk of the impact of any pandemic, epidemic or other public health emergency in connection with the Sublease.

18. DESTRUCTION AND TAKING.
a) Destruction. Within thirty (30) days of any destruction of the Premises, whether by fire or other casualty, not attributable to Tenant, Landlord will provide Tenant written notification of whether Landlord, in its sole discretion, will (i) repair or restore the Premises to the condition immediately prior to such destruction or (ii) terminate this Sublease as of the date of such destruction. In the event Landlord decides to repair or restore the Premises, rent payable by Tenant shall be proportionally abated. In the event of termination, any unearned rent paid by Tenant will be pro-rated and refunded to Tenant. Notwithstanding anything to the contrary in this Section:
i. Landlord’s obligations to repair or restore the Premises shall be limited to the amount of insurance proceeds actually received under the policies of fire or extended coverage, provided, however, if the Premises are not fully restored to the condition immediately prior to such destruction, then Tenant may terminate this Sublease upon written notice; and
ii. Tenant shall bear all costs and expenses of repair and restoration as a result of damage caused by the intentional or negligent act or omission of Tenant, its employees, agents, guests, or invitees.

The provisions of this Sublease constitute an express agreement between Landlord and Tenant with respect to any and all damage to, or destruction of, all or any part of the Premises, and any statute or regulation of the State of California, including, without limitation, Sections 1932(2) and 1933(4) of the California Civil Code, with respect to any rights or obligations concerning damage or destruction in the absence of an express agreement between the parties, and any other statute or regulation, now or hereafter in effect, shall have no application to this Sublease or any damage or destruction to all or any part of the Premises.
b) Taking. If the Premises are acquired or damaged by the exercise of the right of eminent domain or if access to the Premises is materially damaged by the change of grade of adjacent street(s) or other activity by a public authority, whether or not such damage involves a physical taking of any portion of the Premises, this shall be considered a taking. If the Premises are taken in whole or in part, then this Sublease will terminate upon twenty (20) days written notice of such event by either Party. In any event, Landlord shall be entitled to receive the entire appropriation award or consideration paid by the condemning authority, and Tenant shall have no rights to or in such award. This section, not general principles of law or California Code of Civil Procedure Sections 1230.010 et seq., 1265.110 et seq., and 1265.130 et seq., shall govern the rights and obligations of Landlord and Tenant with respect to the condemnation of all or any portion of the Premises.

19. HOLDOVER. In the event Tenant maintains possession of the Premises after the end of the Term (“Holdover”), Tenant will continue to pay Rent to Landlord at a rate equal to one hundred and twenty percent (120%) of the most recent Rent amount preceding the Holdover. Such Holdover Sublease Agreement 7 of 11
shall be considered a month-to-month tenancy subject to the same terms and conditions as provided herein other than the Term.

20. INSPECTION. Landlord shall have the right at all reasonable times, with twenty-four (24) hours’ advance written or verbal notice to Tenant, to enter the Premises to inspect the same, to make repairs or replacements as may be required or permitted by this Sublease, or for showing the Premises to prospective purchaser or tenants; provided, however, that Landlord shall use reasonable effort not to disturb Tenant’s use and occupancy of the Premises. In the event of an emergency, Landlord may enter the Premises without advance notice to Tenant. During the final 90 days of the Sublease Term, and during any month-to-month tenancy, Landlord may exhibit the Premises for lease to prospective tenants and may post “for rent” signs.

21. INDEMNIFICATION.
a) Tenant’s Indemnification. Tenant shall defend, indemnify, and hold Landlord harmless from and against any and all claims, demands, liabilities, damages, costs, or expenses, including reasonable attorney fees (collectively “Losses”), arising from the possession, use or misuse of the Premises by Tenant or its employees or invitees, except to the extent any Losses arise from Landlord’s grossly negligent acts or omissions. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to its property or injury to persons in, upon or about the Premises from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except only those caused by Landlord's gross negligence. b) Landlord’s Indemnification. Landlord shall defend, indemnify, and hold Tenant harmless from and against any and all Losses arising from the gross negligence of Landlord in or about the Premises, except to the extent any Losses arise from Tenant’s negligent acts or omissions.

22. LIENS. Tenant shall prevent any lien or obligation from being imposed upon the Premises as the result of its obligations or actions under this Sublease. Tenant agrees to pay and cause to be discharged any and all such liens for services rendered or materials furnished immediately after any liens occur or any such charges become due and payable. If Tenant fails to timely obtain the release and discharge of such liens, Landlord may, in its discretion (but without obligation to do so), obtain the release and discharge of such liens in a manner selected by Landlord. All sums paid by Landlord for the release of any lien, and all expenses (including reasonable attorney fees) incurred by Landlord in obtaining the release of any lien, together with interest at the rate of twelve percent (12%) per annum (or the maximum amount allowed by law, whichever is less), shall be payable by Tenant to Landlord on demand. Landlord may post on the Premises any notices it deems proper for the protection of itself and the Premises from liens.

23. SUBLETTING AND ASSIGNMENT. Tenant shall not assign, mortgage or encumber the Premises or this Sublease, nor sublet any part thereof, without the prior written consent of Landlord.

24. NOTICES. Notices under this Sublease will be valid when in writing and delivered personally or by nationally recognized overnight courier and, unless otherwise designated in writing, addressed to:

If to Landlord: SIMPLOT AB RETAIL, INC.

ATTN: LWAR
1099 West Front Street
Boise, ID 83702
Sublease Agreement 8 of 11
If to Tenant: CITY OF SALINAS
ATTN: OFFICE OF THE CITY ATTORNEY
200 Lincoln Ave.

Salinas, CA 93901

25. CONFIDENTIALITY. Tenant understands and agrees that the terms of this Sublease are confidential in nature and that disclosure of these terms may jeopardize the Landlord’s business relationships with third parties. Therefore, Tenant agrees the terms of this Sublease shall remain strictly confidential and Tenant shall not use or disclose the terms herein, in whole or in part, to any third party without the prior written consent of Landlord. Tenant may disclose the terms of this Sublease (a) to its employees, accountants, tax advisors or attorneys who have a need to know and who have signed agreements with confidentiality obligations at least as restrictive as those provided herein, provided, however, Tenant shall be liable for any breach by said third parties, and (b) to the extent necessary to comply with applicable legal authorities.

26. MISCELLANEOUS.
a) Governing Law. This Sublease shall be interpreted and construed under the laws of the state in which the Premises is located.
b) Dispute Resolution. In the event a dispute arises under this Sublease, the Parties agree that the dispute shall first be resolved in an amicable, professional, and expeditious manner. If a resolution to a dispute cannot be resolved informally, the Parties agree to submit to litigation in a court of competent jurisdiction.
c) Waiver of Jury Trial. TO THE MAXIMUM EXTENT PERMITTED UNDER

APPLICABLE LAW, THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY,

INTENTIONALLY, AND WITH BENEFIT OF COUNSEL WAIVE ANY RIGHT TO

DEMAND OR OBTAIN A TRIAL BY JURY IN ANY ACTION, CASE, OR PROCEEDING ARISING FROM OR RELATED TO THIS SUBLEASE. THE SCOPE

OF THIS WAIVER IS INTENDED TO ENCOMPASS ANY AND ALL DISPUTES

THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT

MATTER OF THIS SUBLEASE, INCLUDING WITHOUT LIMITATION,

CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
d) Binding Effect. The provisions of this Sublease shall apply to, bind and inure to the benefit of Landlord and Tenant, and their respective successors, legal representatives and permitted assigns.
e) Modification. This Sublease may not be modified or altered unless in writing and signed by both Parties.
f) Survival. The representations, warranties, covenants, liability, indemnification, and other obligations of each Party, that, in order to give proper effect to its intent, should survive, shall survive expiration or termination.
g) Severability. If any provision of this Sublease is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Sublease remain legal and enforceable, the remainder of this Sublease shall remain operative and binding to the fullest extent permitted by law.

Sublease Agreement 9 of 11
h) Real Estate Brokers. Each Party represents and warrants to the other that no real estate brokers have been retained or consulted in this transaction, and that it will indemnify, defend and hold harmless the other Party from and against any claim for any finder's or brokerage fees or commissions or other compensation asserted by any person, firm or corporation, retained by the Party making this representation and warranty, in connection with this Sublease. i) Recording. A memorandum of this Sublease may be recorded only with Landlord’s prior written consent.
j) Counterparts. This Sublease may be executed in counterparts, each of which, whether an original or delivered by facsimile or electronically (including e-mail), shall be deemed an original, and all of which taken together, shall constitute one and the same. k) Entire Agreement. This Sublease sets forth all the covenants, promises, agreements, conditions and understandings between Landlord and Tenant concerning the Premises or matters relating thereto, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than as herein set forth. l) Attorney Fees. If Tenant or Landlord shall bring any action for any relief against the other, declaratory or otherwise, arising out of this Sublease, the losing party shall pay the prevailing party a reasonable sum for attorney'sfees as may be awarded by the court.

IN WITNESS WHEREOF, the Parties have executed this Sublease as evidenced by the signatures of their authorized representatives below.

LANDLORD: TENANT:

SIMPLOT AB RETAIL, INC. CITY OF SALINAS
By: ________________________________ ______________________________________ Name: ________________________________ Kimbley Craig, Mayor Title: ________________________________
Date: ________________________________ APPROVED AS TO FORM :
______________________________________
Christopher A. Callihan, City Attorney
ATTEST :
_______________________________________
Patricia M. Barajas, City Clerk
____________________
Date
Sublease Agreement 10 of 11
Exhibit A
Premises Description
801 Abbott Street, Salinas City, Monterey County, California Sublease Agreement 11 of 11
Exhibit B
Master Lease Agreement
(See Attached)
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-287, Version: 1
Economic Development Element Target Area K (Ferrasci Business Park Specific Plan) Agreements Approve a Resolution authorizing the Mayor to execute a Funding Agreement for the Ferrasci Business Center Specific Plan and also authorizing the establishment of a Capital Improvement Project and appropriation of funding related to the Specific Plan.

City of Salinas Page 1 of 1 Printed on 5/19/2022
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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: MAY 24, 2022
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: MEGAN HUNTER, DIRECTOR
BY: LISA BRINTON, ASSISTANT DIRECTOR

JILL MILLER, SENIOR PLANNER
TITLE: ECONOMIC DEVELOPMENT ELEMENT TARGET AREA K
(FERRASCI BUSINESS PARK SPECIFIC PLAN) AGREEMENTS
RECOMMENDED MOTION:

A motion to approve resolutions to:
1) Establish a new Capital Improvement Project (CIP) for the processing of the Ferrasci Business Center Specific Plan entitlements (Project), which will be fully funded through the Special Construction Assistance Fund (5203),
2) Authorize the Mayor to execute a Funding Agreement with Chris Steinbruner, an individual, and Michael Mueller, an individual (Developer) under which City will be reimbursed for all Project costs and expenses and administrative overhead incurred with the processing of Project entitlements,
3) Appropriate up to $500,000 to Fund 5203 for consultant planning and technical support ($486,128.50) and City staff time for project management and processing ($13,871.50), and directing initial deposit and corresponding reimbursement revenue of up to $500,000 from the Developer back into Fund 5203; and
4) Authorize the Mayor to execute an Agreement for Professional Services for an amount not to exceed $486,128.50 with EMC Planning Group for planning and technical project support for the preparation, packaging, and processing of planning entitlements and associated CEQA compliance for the proposed Project.

RECOMMENDATION:

It is recommended that the City Council approve resolutions to:

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1) Establish a new Capital Improvement Project (CIP) for the processing of the Ferrasci Business Center Specific Plan entitlements (Project), which will be fully funded through the Special Construction Assistance Fund (5203);
2) Authorize the Mayor to execute a Funding Agreement with the Chris Steinbruner, an individual, and Michael Mueller, an individual (Developer) under which City will be reimbursed for all Project costs and expenses and administrative overhead incurred with the processing of Project entitlements;
3) Appropriate up to $500,000 for consultant planning and technical support ($486,128.50) and city staff time for project management and processing ($13,871.50), and budgeting the initial deposit of $75,000 and corresponding reimbursement revenue of up to $500,000 from the Developer to Fund 5203; and
4) Authorize the Mayor to execute an Agreement for Professional Services for an amount not to exceed $486,128.50 with EMC Planning Group for planning and technical project support for the preparation, packaging, and processing of planning entitlements and associated CEQA compliance for the proposed Project.

EXECUTIVE SUMMARY:

The City received applications for the proposed Ferrasci Business Center Specific Plan and associated Sphere of Influence Amendment and Annexation (reorganzation), General Plan Amendment and Prezoning of Economic Development Element (EDE) Target Area K (Project).

The proposed Specific Plan implements the EDE and would entitle future employment center/business park and commercial retail uses that would attract small, large, and entrepreneurial businesses to Salinas and would result in increased revenue and employment opportunities.

Outside planning and technical project support is required for the preparation, packaging and processing of planning entitlements and associated Califonia Environmental Quality Act (CEQA) compliance for the proposed Project. Under the recommended Funding Agreement, the Developer agrees to be responsible for all costs and expenses associated with contract consultants’ work, City staff time to administer consultant agreement(s) and work, and city staff time for project management and administrative costs and expenses incurred with the processing of Project entitlements. It is further recommended that the City enter into an Agreement for Professional Services with EMC Planning Group for planning and environmental services required to process Project entitlements and CEQA compliance. The details (terms, conditions, and scope) of both Agreements are summarized in this staff report.

BACKGROUND:

In December 2017, the City adopted an Economic Development Element (EDE) to the 2002 Page | 3
Salinas General Plan. In the EDE, the City identifies an area outside the City’s current northern Sphere of Influence boundary as a future growth area for economic development. The lands which comprise EDE Economic Opportunity Area K (EOA K), or the “North Entrance” as it is referred to in the EDE, shown and marked on Attachment 3 to this staff report, is comprised of a Target Area, where near to mid-term development (three (3) to five (5) years) is projected by the City, and an Economic Development Reserve Area, also identified Attachment 3, which is to accommodate the City’s longer-term (ten (10) to twenty (20) years) economic development needs.

With the adoption of the EDE, the General Plan Land Use and Circulation Map was amended to reflect Business Park and Commercial Retail uses in Target Area K and projected development capacity impacts were evaluated in the EDE Program EIR which was certified by the City Council on December 5, 2017.

DISCUSSION:

The 2002 Salinas General Plan requires the preparation of a specific plan prior to development occurring in future growth areas. In June 2021, the primary property owner of Target Area K submitted applications for the Ferrasci Business Center Specific Plan (Specific Plan) and associated Sphere of Influence Amendment and Annexation (reorganzation), General Plan Amendment and Prezoning of Target Area K. The specific plan area consists of two planning areas (shown on Attachment 4).
 Area A is approximately 123 acres of undeveloped land, zoned Farmland 40 (Farmland, minimum building site of 40 acres) located within the County’s jurisdiction, but within the City’s Target Area K (Monterey County Assessor’s Parcel Numbers 113-151-002, 113-15- 011, and a portion of 113-161-018). Proposed uses are to be consistent with the City’s EDE policies and identified land uses of Business Park and Commercial Retail, with the addition of some residential uses.
 Area B consists of the remainder of Target Area K contemplated to implement retail and commercial land use capacity in accordance with the Economic Development Element Final Environmental Impact Report. Area B would be included as an overlay in the specific plan for cohesive, high-level, and long-range planning purposes.

Upon future Specific Plan entitlement, it is anticipated that the City will submit an application to the Monterey County Local Agency Formation Commission (“LAFCO”) for Sphere of Influence Amendment and Annexation (reorganzation) and Prezoning of all Target Area K and a proposed commercial retail development immediately to the north of Target Area K at Sala Road, should it be constructed. Attachment 5 to the staff report outlines the proposed Annexation Area. Should the City proceed with an annexation application, it will be the lead agency for the application and associated CEQA compliance. The proposed Annexation Area may be either modified or not pursued by the City.

Funding Agreement
Outside planning and technical project support is required for the preparation, packaging, and processing of planning entitlements, including General Plan Amendment, Pre-zoning, Sphere of Page | 4
Influence and Annexation applications, Specific Plan, and preparation of the required technical studies and analysis pursuant to CEQA (Project). It is anticipated that the environmental review of the Project can tier off of the EDE Program EIR (2017) which analyzed environmental impacts in Target Area K. The Developer has agreed to be responsible for all costs and expenses associated with contract consultants’ work and City staff time to administer consultant agreement(s) and work. In addition, given the City’s limited planning staff resources, the Developer has agreed to be responsible for staff project management and administrative costs and expenses incurred with the processing of the Project entitlements.

Following the process of past specific plan preparation and entitlement (West Area Specific Plan, the Central Area Specific Plan and Salinas Travel Center), the first step is to enter into a Funding Agreement with the Developer. Under the Funding Agreement, the Developer agrees to:
 Reimburse City for cost and expenses associated with Consultant’s work (planning and environmental) and City staff time (project management and processing),  Provide an initial deposit of $75,000,
 Maintain a fund balance of $75,000; and
the City agrees to:
 Invoice the Developer monthly,
 Provide quarterly accounting of expenditures,
 Issue a Stop Work Notice if insufficient funds are available to cover work; and  Refund any remaining fund balance within 60 days of the Project completion.

Agreement for Professional Services
On February 17, 2022, the City issued a Request for Proposals (Attachment 6) seeking a consultant team, or consultant teams, that have extensive experience in preparing General Plan Amendments, Pre-Zoning applications, Sphere of Influence and Annexation applications, Specific Plans, and associated CEQA documents. The requested scope of work has three components  CEQA Compliance – Environmental Impact Report and Technical Studies,  Technical Planning Support - Processing activities include reviewing applications, drafting review comments, consistency analysis, and other technical recommendations; and  Graphics and Final Document Packaging.

One proposal from EMC Planning Group was submitted by the March 25th deadline. Staff evaluated the EMC proposal and confirmed EMC has the qualifications and experience to perform the requested work. EMC will subcontract with Kimley-Horn, WJV Acoustics and Illingworth & Rodkin to prepare technical studies and provide analysis and recommendations in the areas of traffic and circulation, noise, and health risk assessment. EMC’s qualifications and experience comes from working on several projects in Salinas and supporting city staff on multiple projects by taking on tasks such as Page | 5
application/specific plan review, preparing applications to and coordinating with Monterey County Local Agency Formation Commission (LAFCO) and its staff, preparing and presenting project consideration packages to the Planning Commission and City Council, and preparing CEQA documentation for numerous development entitlement and public works projects. Key projects EMC has worked on in Salinas are listed below:
 EDE, and EDE Program Environmental Impact Report
 Salinas Travel Center Specific Plan and Environmental Impact Report  Salinas Ag Industrial Specific Plan and Environmental Impact Report Staff and the Developer team met with EMC to discuss their proposed scope of work and approach.

EMC’s revised scope and budget is attached to this report as Exhibit B to the City’s Standard Agreement for Professional Services. The not to exceed compensation amount is $486,128.50 with a term ending June 30, 2024.

Housing and Land Use Committee Comments
On May 2, 2022, both Agreements were presented to the Housing and Land Use Committee (HLUC). Comments received primarily focused on a desire to incorporate housing or have a commercial linkage fee/community benefit agreement tied with the proposed Project. Staff explained that it is anticipated that the environmental review of the Project can tier off of the EDE Program EIR (2017) which analyzed environmental impacts in Target Area K. The EDE EIR did not evaluate residential uses in Target Area K, only business park and commercial retail uses. The addition of residential uses to the Project description will require additional CEQA analysis. At the meeting the HLUC approved a motion recommending that the City Council approve the execution of both Agreements.

CEQA CONSIDERATION:

The City of Salinas has determined that the action of authorizing the execution of the proposed Agreements is not a project as defined by the California Environmental Quality Act (CEQA).

Section 15061 (b) (3) of CEQA Guidelines states that when it can be seen with certainty that there is no possibility that the activity in question, in this case the execution of the Agreements, may have a significant effect on the environment, the activity is not subject to CEQA. The execution of the Agreements does not constitute approval of the Ferrasci Business Center Specific Plan.

Execution of the Agreements allows the City to proceed to process the submitted applications and prepare the required CEQA compliance for the Project entitlements to be considered by the City Council with a recommendation from the Planning Commission.

STRATEGIC PLAN INITIATIVE:

Future implementation of these Agreements supports the City Council Strategic Goal and Initiative of Economic Development. The proposed Ferrasci Business Center Specific Plan implements the EDE and would entitle future employment center/business park and commercial retail uses that Page | 6
would attract small, large, and entrepreneurial businesses to Salinas that would result in increased revenue and employment opportunities for the City.

DEPARTMENTAL COORDINATION:

Community Development coordinated preparation of the two (2) Agreements and staff report and will work with the City Attorney’s Office and the City Manager to finalize and execute the attached Agreements.

FISCAL AND SUSTAINABILITY IMPACT:

There are no fiscal impacts associated with preparation of the Agreements, this report, or the authorization to execute these Agreements. Staff time for coordination, review and implementation of projects and issues is already allocated in the adopted budget. Through the Funding Agreement, the Developer agrees to reimburse the City for costs and expenses associated with Consultant’s (EMC’s) work (planning and environmental) and City staff time (project management and processing). In addition to approving the Funding Agreement, the following authorization is needed to
1) Establish a new Capital Improvement Project (CIP) for the processing of the Ferrasci Business Center Specific Plan entitlements (Project), which will be fully funded through the Special Construction Assistance Fund (5203),
2) Appropriate up to $500,000 to Fund 5203 for consultant planning and technical support ($486,128.50) and City staff time for project management and processing ($13,871.50), and directing initial deposit and corresponding reimbursement revenue of up to $500,000 from the Developer back into Fund 5203; and
3) Authorize the Mayor to execute an Agreement for Professional Services for an amount not to exceed $486,128.50 with EMC Planning Group for planning and technical project support for the preparation, packaging, and processing of planning entitlements and associated CEQA compliance for the proposed Project.

As stated in the Discussion above, the City will invoice the Developer monthly for costs and expenses incurred related to the processing of applications, the preparation of CEQA compliance, and staff time for project management. A Stop Work notice will be issued should the Deposit balance fall below $75,000 and be insufficient to cover Project costs.

ATTACHMENTS:
1) Resolution authorizing execution of Funding Agreement 2) Resolution authorizing execution of Professional Services Agreement 3) EDE Economic Opportunity Area K Figure
Page | 7
4) Proposed Specific Plan Area
5) Proposed Annexation Area (Target Area K & Sobel Retail Site Parcels) 6) Ferrasci Business Center Planning and CEQA Services RFP 7) PowerPoint Presentation
1 RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A FUNDING

AGREEMENT FOR THE FERRASCI BUSINESS CENTER SPECIFIC PLAN AND

ALSO AUTHORIZING THE ESTBALISHMENT OF A CAPITAL IMPROVEMENT

PROJECT AND APPROPRIATION OF FUNDING RELATED TO THE SPECIFIC PLAN
WHEREAS, the Economic Development Element (EDE, 2017) identifies an area outside the City’s current northern Sphere of Influence boundary as a future growth area for economic development. The lands which comprise EDE Economic Opportunity Area K (EOA K), include a Target Area, where near to mid-term development (three (3) to five (5) years) is projected by the City; and
WHEREAS, with the adoption of the EDE, the General Plan Land Use and Circulation Map was amended to reflect Business Park and Commercial Retail uses in Target Area K and projected development capacity impacts were evaluated in the EDE Program EIR, certified by the City Council on December 5, 2017; and
WHEREAS, the Salinas General Plan requires the approval of Specific Plans by the City prior to any development in the Future Growth Area; and WHEREAS, in June 2021, the City received applications for the proposed Ferrasci Business Center Specific Plan, Sphere of Influence Amendment and Annexation (reorganzation), General Plan Amendment and Prezoning of EDE Target Area K (Project); and WHEREAS, the City has determined that an Environmental Impact Report must be prepared to analyze the potential environmental impacts of the Ferrasci Business Center Specific Plan in accordance with the requirements of the California Environmental Quality Act (CEQA); and
WHEREAS, outside planning and technical project support is required for the preparation, packaging and processing of planning entitlements and associated Califonia Environmental Quality Act (CEQA) compliance for the proposed Project; and WHEREAS, on February 17, 2022, the City issued a Request for Proposals seeking a consultant team, or consultant teams, that have extensive experience in preparing General Plan Amendments, Pre-Zoning applications, Sphere of Influence Amendment and Annexation applications, Specific Plans, and associated California Environmental Quality Act (CEQA) documents for the Project; and
WHEREAS, one proposal from EMC Planning Group was submitted by the March 25th deadline. Staff evaluated EMC’s proposal and confirmed EMC has the qualifications and experience to perform the requested work; and
WHEREAS, the cost of the Environmental Impact Report is defined as $486,128.50; and 2 WHEREAS, pursuant to separate resolution, the City will enter into an Agreement for Professional Services EMC Planning Group to process the Environmental Impact Report and support planning services, as such provided in the May 24, 2022 City Council Staff Reportseparate resolution, the City; and
WHEREAS, one proposal from EMC Planning Group was submitted by the March 25th deadline. Staff evaluated EMC’s proposal and confirmed EMC has the qualifications and experience to perform the requested work; and
WHEREAS, the applicant agrees to be responsible for all costs and expenses associated with contract consultants’ work, city staff time to administer consultant agreement(s) and work, and city staff time for project management and administrative costs and expenses incurred with the processing of Project entitlements; and
WHEREAS, the City desires to enter into a Funding Agreement, incorporated herein and prepared to establish the terms and conditions for reimbursement; and WHEREAS, the action of authorizing the execution of the proposed Agreement is not a project as defined by the California Environmental Quality Act (CEQA) Section 15061 (b) (3) as there is no possibility that the activity in question, in this case the execution of the Funding Agreement, may have a significant effect on the environment. Execution of the Funding Agreement allows the City to proceed to process the submitted applications and prepare the required CEQA compliance for the Project.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes 1) The establishment of a new Capital Improvement Project (CIP) for the processing of the Ferrasci Business Center Specific Plan entitlements (Project), which will be fully funded through the Special Construction Assistance Fund (5203), 2) The Mayor to execute a Funding Agreement with the Chris Steinbruner, an individual and Michael Mueller, an individual (Developer) under which City will be reimbursed for all Project costs and expenses and administrative overhead incurred with the processing of Project entitlements; and
3) The appropriation of up to $500,000 to Fund 5203 for consultant planning and technical support ($486,128.50) and City staff time for project management and processing ($13,871.50), and directing initial deposit and corresponding reimbursement revenue of up to $500,000 from the Developer back into Fund 5203.

PASSED AND APPROVED this 24th day of May 2022, by the following vote:

AYES:
3 NOES:

ABSENT:

ABSTAIN:

APPROVED:
________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
1 Funding Agreement
CEQA and Planning Services
for Ferrasci Business Center Specific Plan
This Funding Agreement is entered into by and between the City of Salinas, a California charter city and municipal corporation, hereinafter referred to as "the City," and Christopher Steinbruner an individual, and Michael Mueller, an individual, hereinafter referred to as "the Developer" each of which may be individually referred to herein as a "Party" and which may collectively be referred to herein as "the Parties."

RECITALS
WHEREAS, in its Economic Development Element (the “EDE”), the City identified a Future Growth Area outside the City’s current northern boundary for economic development known as Economic Opportunity Area K (EOA K). The lands which comprise EOA K, the “North Entrance” as it is referred to in the EDE, are currently within the County’s jurisdiction and are designated as public/quasi-public, open space, farmlands, permanent grazing, and commercial in the County’s General Plan. EOA K, shown and marked on Figure 1, is comprised of a Target Area, where near to mid-term development is projected by the City, and an Economic Development Reserve Area, also identified on Figure 1, which is to accommodate the City’s longer-term economic development needs; and
WHEREAS, with the adoption of the EDE, the General Plan Land Use and Circulation Map was amended to reflect Business Park and Commercial Retail uses in Target Area K and projected development capacity impacts were evaluated in the EDE Program EIR; and WHEREAS, the Developer is owner of property within Target Area K located at 180 Harrison Road, Salinas, California (Assessor Parcel Numbers 113-151-002-000, 113-151-011-000 and a portion of 113-161-018-000, the “Property”) and identified on Figure 2; and WHEREAS, the Developer has submitted applications for the Ferrasci Business Center Specific Plan (Specific Plan) and associated Sphere of Influence Amendment, Annexation (reorganzation), General Plan Amendment and Prezoning of the Property (the “Project”). The Project is expected to include potential future development of approximately 123 acres of currently undeveloped Farmland 40 zoned land consistent with the City’s EDE policies and identified land uses; and
WHEREAS, the City and the Developer agree that a review and study of the environmental impacts associated with development of the Project is necessary and is required under California Environmental Quality Act (CEQA) prior to City’s approval of 2 Project entitlements a n d Developer's commencement of construction of any part of the Project; and
WHEREAS, the City has entered into an Agreement for Professional Services to complete the review and the study of the environmental impacts associated with development of the Project, tiering off of the EDE Final Program EIR, and to provide support for and prepare environmental documentation for other land use entitlements associated with the Project. Consistent with the Agreement, EMC Planning Group as prepared a scope of work which is attached hereto as Exhibit A; and WHEREAS, the Developer has agreed to be responsible for all costs and expenses associated with the Consultants' a u t h o r i z e d work and city staff time to administer the Consultant Agreement and work on the Project as set forth in Exhibit A; and WHEREAS, given the City’s limited planning staff resources, the Developer has agreed to be responsible for all authorized staffing and project management and administrative costs and expenses actually incurred with the processing of Project entitlements.

NOW, THEREFORE, in mutual consideration of the covenants, terms, and conditions contained herein, the Parties agree as follows:

TERMS

1. Purpose. The purpose of this Agreement is to define the City and the Developer's obligations with regard to the Consultants' completion of a review and study of the environmental impacts and the preparation of environmental documentation for the land use entitlements associated with the Project including General Plan Amendments, Pre-Zoning, Sphere of Influence, Annexation applications, and the Ferrasci Business Center Specific Plan.

2. Developer Funding Obligations - Consultants.
a. Developer shall be solely responsible for all costs and expenses actually incurred by EMC Planning Group Inc.’s authorized work on the project and shall reimburse the City for all additional costs and expenses actually incurred by City related to the authorized CEQA analysis rendered by EMC Planning Group Inc. in association with the Project and as further defined in Exhibit A. b. The total estimated amount of costs and expenses to be incurred by EMC Planning Group Inc. for services and work contemplated in Exhibit A is estimated to be 3 approximately four hundred eighty-six thousand one hundred and twenty-eight dollars and fifty cents ($486,128.50) (the “Consultant Costs”). City and Developer understand and acknowledge the total amount of costs and expenses for project management and CEQA compliance may differ from such estimates due to changes in the scope of work and to circumstances and events now unknown and which may arise during the course of City staff and Consultant’s work. City shall consult with Developer prior to authorizing any change in the scope of work as provided in Exhibit A.

3. Developer Funding Obligations – City Staff Costs and Expenses. The Developer shall be solely responsible for all a u t h o r i z e d costs and expenses a c t u a l l y incurred by city staff to administer and manage the Consultant’s agreement, application review, and entitlement processing. Staff costs will be calculated based on a fully burdened hourly rate.

4. Developer Funding Obligations – Outside Project Management Costs. The Developer shall be solely responsible for all costs and expenses incurred for outside project management costs should the City and the Developer determine that additional outside project management services are required to review and to administer and manage the Consultant’s agreement, review applications, and process Project entitlements in a timely manner. Any such additional outside management services must be authorized by the Developer prior to the initiation thereof.

5. Developer Funding Obligations – Administrative Overhead Fee. Developers shall pay the City an administrative fee of fifteen percent (15%) of the total Project Cost including consultant costs and expenses and city staff time for project management and processing of Project entitlements.

6. Deposit. W i t h i n s e v e n ( 7 ) d a y s o f the date this Funding Agreement is signed by its authorized representative, the Developer will deposit with the City the sum of S e v e n t y - f i v e thousand dollars ($75,000.00) to be held and applied by the City toward payment of services rendered by EMC Planning Group Inc., City staff, and any authorized outside project management (the “Deposited Funds”).

7. Other Application and Development Impact Fees. None of the sums paid by Developers pursuant Sections 2 to 6 shall operate as a credit toward Developer’s obligation to pay any City development impact fee, application fee, processing fee, or other fee established by the City Council other than the City’s standard application 4 fee for the preparation and processing of an environmental impact report or other environmental documentation.

8. Specific Plan Application and Processing Fees. Developer paid City Fortynine thousand, six hundred fifty-four dollars and two cents ($49,654.02) in planning application fees when General Plan Amendment, Pre-Zoning, Sphere of Influence, Annexation, and Specific Plan applications were submitted to the City for review.

City staff planning, project management and administrative costs and expenses will be charged against Application and Processing fees until exhausted prior to using Deposit (Section 6).

9. Billing. The City shall invoice Developer on a monthly basis. A copy of invoices reflecting expenses billed to the City by EMC Planning Group Inc., for city staff time, and any authorized outside project management cost shall be provided as verification of the amount billed. The City shall pay Consultant cost and outside project management costs and expenses out of the Deposited Funds paid to the City under Section 6.

10. Balance of Account. When, at any time, the balance of deposited funds held by the City is less than seventy-five thousand dollars ($75,000), the Developer shall, within seven (7) days after receipt of written notice from the City, make an additional deposit of an amount determined by the City to be sufficient to cover additional anticipated costs and expenses. The City shall keep a full and detailed accounting of all disbursements from the funds so deposited, which accounting shall be made available to the Developer upon request. The Developer understands and agrees that the City will not authorize the EMC Planning Group Inc. or city staff to perform additional services or to continue work on the Project until the Developer has deposited with the City sums sufficient to cover all additional estimated costs and expenses determined by the City to be necessary to fund continued work. Upon completion of P r o j e c t e n t i t l e m e n t s , t h e C i t y s h a l l return to Developer all deposited sums remaining after payment of all costs and expenses within sixty (60) days.

11. In the event the Developer fails to pay additional sums n e c e s s a r y to c o v e r additional reimbursable costs and expenses, the City shall have no obligation to continue processing any applications, permits or other approvals requested by the Developer or required for the Project and further the Developer acknowledges that EMC Planning Group Inc. shall have no obligation to 5 continue their work on the Project. Any costs or expenses incurred by the City, or EMC Planning Group Inc. related to the Project shall be considered a debt of the Developer recoverable by the City.

12. Indemnification and Hold Harmless. The Developer agrees to and shall at its own cost and expense defend, indemnify, and hold the City and all of its boards, commissions, officers and employees harmless from a n y and all claims, actions or proceedings to attack, set aside, challenge, void or annul the City’s approval of the environmental review completed byEMC Planning Group Inc.’s on the Project or any other approvals associated with the Project. The City agrees to and shall promptly notify the Developer of any such claim, action or proceeding.

Nothing contained in this section shall prohibit the City from participating in the defense of any claim, action or proceeding if the City bears its own attorney fees and costs and the City defends the action ingood faith.

The Developer shall reimburse the City for all costs and expenses including, but not limited to, reasonable attorney fees, in addition to any court costs, incurred by City in enforcing the provisions of this section.

13. Notices. Written notices shall be sent by first class mail, postage prepaid, to the Parties as follows:

If to City:

Community Development Director
City of Salinas
65 W. Alisal Street, 2nd Floor
Salinas, California 93901
With a Copy to:

City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
If toDeveloper:
6 Christopher Steinbruner
928 E. Blanco Road, Suite 200
Salinas, CA 93901
Michael Mueller
P.O. Box 7656
Spreckles, CA 93962
With a Copy to:

Horan Lloyd, APC
Attn: Michael Harrington
26385 Carmel Rancho Blvd
Suite 200
Carmel, CA 93923

14. Exhibits Incorporated. All exhibits referred to in this Funding Agreement and attached to it, whether at the time of execution or later, are hereby incorporated in it by this reference. In the event there is a conflict bet ween any of the terms of this Funding Agreement and any of the terms of any exhibit to this Funding Agreement, the terms of the Funding Agreement shall control the respective duties and liabilities of the Parties hereto.

15. Integration and Agreement. This Funding Agreement represents the entire understanding of City and Developer 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 Funding Agreement may not be modified or altered except by amendment in writing signed by both parties.

16. Jurisdiction. This Funding Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of any disputes arising from or under this Funding Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.

17. Severability. If any pa rt 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 Funding Agreement shall continue to be in full force and effect.
7 18. Attorney Fees. In case suit shall be brought to interpret or to enforce this Funding 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 attorney fees in addition to such costs as may be allowed by the Court.

The City's attorney fees, if awarded, shall be calculated at the market rate.

19. Successors and Assigns. This Funding Agreement and all of the provisions herein shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors, and assigns of the respective Parties hereto.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City of Salinas and of t h e Developer have executed this Funding Agreement.

CITY OF SALINAS
_____________________________________ ______________________________ Megan Hunter Date
Community Development Department Director
APPROVED AS TO FORM:
_____________________________________ ______________________________ Christopher A. Callihan, City Attorney Date

DEVELOPER
_____________________________________ ______________________________ Christopher Steinbruner Date
_____________________________________ ______________________________ Michael Mueller Date
8 Figure 1
9 Figure 2
1 RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT

WITH EMC PLANNING GROUP FOR PLANNING AND ENVIRONMENTAL

SERVICES FOR THEFERRASCI BUSINESS CENTER SPECIFIC PLAN
WHEREAS, the Economic Development Element (EDE, 2017) identifies an area outside the City’s current northern Sphere of Influence boundary as a future growth area for economic development. The lands which comprise EDE Economic Opportunity Area K (EOA K), include a Target Area, where near to mid-term development (three (3) to five (5) years) is projected by the City; and
WHEREAS, with the adoption of the EDE, the General Plan Land Use and Circulation Map was amended to reflect Business Park and Commercial Retail uses in Target Area K and projected development capacity impacts were evaluated in the EDE Program EIR, certified by the City Council on December 5, 2017; and
WHEREAS, the Salinas General Plan requires the approval of Specific Plans by the City prior to any development in the Future Growth Area; and WHEREAS, in June 2021, the City received applications for the proposed Ferrasci Business Center Specific Plan, Sphere of Influence Amendment and Annexation (reorganzation), General Plan Amendment and Prezoning of EDE Target Area K (Project); and WHEREAS, the City has determined that an Environmental Impact Report must be prepared to analyze the potential environmental impacts of the Ferrasci Business Center Specific Plan in accordance with the requirements of the California Environmental Quality Act (CEQA); and
WHEREAS, outside planning and technical project support is required for the preparation, packaging and processing of planning entitlements and associated Califonia Environmental Quality Act (CEQA) compliance for the proposed Project; and WHEREAS, on February 17, 2022, the City issued a Request for Proposals seeking a consultant team, or consultant teams, that have extensive experience in preparing General Plan Amendments, Pre-Zoning applications, Sphere of Influence Amendment and Annexation applications, Specific Plans, and associated California Environmental Quality Act (CEQA) documents for the Project; and
WHEREAS, one proposal from EMC Planning Group was submitted by the March 25th deadline. Staff evaluated EMC’s proposal and confirmed EMC has the qualifications and experience to perform the requested work; and
WHEREAS, the cost of the Environmental Impact Report is defined as $486,128.50; and WHEREAS, by Resolution XXX, the City Council approved the execution of a Funding Agreement with the applicant in which applicant agrees to be responsible for all costs and 2 expenses associated with EMC’s work, city staff time to administer consultant agreement(s) and work, and city staff time for project management and administrative costs and expenses incurred with the processing of Project entitlements; and
WHEREAS, the action of authorizing the execution of the proposed Agreement is not a project as defined by the California Environmental Quality Act (CEQA) Section 15061 (b) (3) as there is no possibility that the activity in question, in this case the execution of the Agreement for Professional Services with EMC, may have a significant effect on the environment. Execution of the Agreement allows the City to proceed to process the submitted applications and prepare the required CEQA compliance for the Project.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the Mayor to execute an Agreement for Professional Services for an amount not to exceed $486,128.50 with EMC Planning Group for planning and technical project support for the preparation, packaging, and processing of planning entitlements and associated CEQA compliance for the proposed Project.

PASSED AND APPROVED this 24th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND EMC PLANNING GROUP INC.

This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 24th day of May, 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and EMC Planning Group, 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 May 24, 2022, and shall terminate on June 30, 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.

3.Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement as set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed $486,128.50.

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:

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.

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 to ensure 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 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)Megan Hunter, Community Development Director, or her 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) of every nature arising out of or in connection with Consultant’s performance of work hereunder, including the performance of work of any of Consultant’s subcontractors or agents, or Consultant’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

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

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 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.

19.Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant 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:

Megan Hunter
City of Salinas
65 W. Alisal Street, Suite 201
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:

EMC Planning Group
Ron Sissem, Senior Principal
301 Lighthouse Avenue
Monterey, CA 93940
(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. (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 warrants 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 warrants 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.

31.Counterparts. 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.

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
____________________________
Kimbley Craig
Mayor
APPROVED AS TO FORM:
____________________________
Christopher A. Callihan
City Attorney
ATTEST:
_____________________________
Patricia Barajas
City Clerk

CONSULTANT
___________________________________
By (Printed Name): ___________________
Its (Title): ___________________________
Exhibit A
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”): Insurance 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 Consultant has no owned autos, hired and non-owned, with limits 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).

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 Date 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.

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.

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.

Proposal
Ferrasci Business Center
Planning and CEQA Services
May 9, 2022
Prepared by
EMC Planning Group
Exhibit B

This document was produced on recycled paper.

PROPOSAL

FERRASCI BUSINESS CENTER

PLANNING AND CEQA SERVICES

PREPARED FOR
City of Salinas Community Development Department
Jill Miller, Project Manager
65 West Alisal Street (Second Floor)
Salinas, CA 93901
Tel: 831.758.7206

PREPARED BY
EMC Planning Group Inc.
301 Lighthouse Avenue, Suite C
Monterey, CA 93940
Tel: 831.649.1799
Ron Sissem, Senior Principal
[email protected]
www.emcplanning.com
May 9, 2022

Table of Contents

1.0 EXECUTIVE SUMMARY .............................................................................................1-1

1.1 Why the EMC Planning Group Team?...............................................................................1-1

1.2 Proposal Highlights/Key Issues...........................................................................................1-2

2.0 LEAD PROJECT CONTACT........................................................................................2-1

3.0 PROJECT TEAM..........................................................................................................3-1

3.1 Team Members.......................................................................................................................3-1

3.2 Team Commitment................................................................................................................3-4

4.0 TEAM SERVICES AND QUALIFICATIONS.................................................................4-1

4.1 EMC Planning Group Services and Qualifications...........................................................4-1

4.2 Subconsultant Team Services and Qualifications..............................................................4-4

4.3 Work Product Examples.......................................................................................................4-5

5.0 SCOPE OF WORK.......................................................................................................5-1

5.1 CEQA Compliance and Technical Study Scopes of Work..............................................5-1

5.2 Technical Planning Support................................................................................................5-14

5.3 Graphics and Final Specific Plan Production...................................................................5-17

5.4 Optional Tasks......................................................................................................................5-18

6.0 BUDGET .....................................................................................................................6-1

6.1 Proposed Budget and Budget Variables..............................................................................6-1

6.2 Sample Billing Invoice ...........................................................................................................6-2

7.0 SCHEDULE .................................................................................................................7-1

8.0 GENERAL CONTRACT REQUIREMENTS..................................................................8-1 Appendices
Appendix A EMC Planning Group Resumes and Representative Projects Appendix B Kimley-Horn Resumes, Qualifications and Scope of Work Appendix C WJV Acoustics Resumes, Qualifications and Scope of Work Appendix D Illingworth & Rodkin Resumes, Qualifications and Scope of Work Appendix E Sample Billing Invoice
Appendix F Proof of Insurance

1.0 Executive Summary 1-1 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022

1.0 Executive Summary

1.1 Why the EMC Planning Group Team?
EMC Planning Group has been a partner to the City on a range of planning and development projects over time. Our goal has always been to collaborate with City staff and decision makers to achieve the City’s development vision, and through so doing, support the community’s socioeconomic well-being.

EMC Planning Group has unparalleled experience on which to draw for serving the City’s Ferrasci Project (“proposed project”) needs. That experience stems from our work on the City of Salinas Economic Development Element (EDE), the associated environmental impact report (EIR), and the Sobel project; supporting City staff on numerous projects over time by taking on tasks such as application/specific plan reviews, preparing applications to and coordinating with Monterey County Local Agency Formation Commission (LAFCO) and its staff, preparing and presenting project consideration packages to the Planning Commission and City Council; and preparing CEQA documentation for numerous development entitlement and public works projects. Our broader experience working on entitlement and CEQA projects that mirror the proposed project is deep.

For example, EMC Planning Group has prepared four specific plans in the past several years and a range of technical studies and/or CEQA documentation for them. We understand content needs and how specific plans can and should be crafted to provide clear, concise development direction.

We recognize that our role would be to work under the guidance of the Community Development Director and the City’s project manager as a collaborative partner to deliver the proposed project to the City Council and LAFCO. Though not expressly proposed in our scope of work, the collaborative planning process that we helped facilitate with City staff and the applicant for the Salinas-Ag Industrial project proved quite valuable and could be considered for the Ferrasci project.

EMC Planning Group’s experience working for public agencies and development applicants has cultivated a deep understanding of the priorities of both interests. This will help us support City staff by maximizing development review process efficiency, effectiveness, and quality – we know what questions to ask, how to anticipate the City’s needs, how to communicate with applicant teams to generate planning process inputs and resolve issues, and how to quickly identify and communicate solutions to problematic issues to keep the planning process moving smoothly.

1.0 Executive Summary 1-2 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022

1.2 Proposal Highlights/Key Issues
This proposal is structured consistent with the content items outlined in the Request for Proposals.

Project Team
Ron Sissem, Senior Principal, would be the project manager for EMC Planning Group. He will be supported by other senior EMC Planning Group staff (Teri Wissler Adam and Sally Rideout) acting in management support and technical roles, and by several more junior staff. Our team includes Kimley-Horn (transportation), WJV Acoustics (noise) and Illingworth & Rodkin (health risk assessment).

Entitlement and CEQA Process Efficiency
Delivering the project to the City Council and LAFCO for decision making in the most efficient manner possible is the “front-end” goal. However, setting up the specific plan and CEQA processes and documentation to make City staff’s job of implementing the specific plan as simple and streamlined as possible is the “back end” goal. Without this clarity, City staff will be more challenged than necessary with processing individual project applications. Consequently, it will be critical that we work with City staff and the applicant to ensure that the specific plan implementation framework is precise. Similarly, the EIR will identify the impacts of implementing a “program” of future individual projects. The EIR must be structured so that City staff and developers have clear direction for CEQA process streamlining opportunities and conditions/information that must be submitted to take advantage of those opportunities.

Importance of a Clear Project Description
The specific plan land use plan design and development capacity projections will be the key elements of the project description, particularly for the CEQA process. Specific plan applicants commonly want to build in as much land use, development capacity, and development location flexibility as possible to respond to evolving market conditions over time. However, that flexibility must be translated into a concrete project description that can be used for CEQA purposes. The applicant’s specific plan consultant also prepared the Salinas-Ag specific plan and predicably, built significant flexibility into that plan. EMC Planning Group worked with City staff and the applicant to distill that flexibility into a project description that considered the applicant’s needs, but also was precise enough to ensure that City staff could efficiently implement the specific plan by understanding land use and development capacity limits as individual projects were proposed over time. A similar process may be needed for the Ferrasci specific plan.

Sobel Project Timing
The schedule by which Monterey County approves the Sobel project and by which the project is actually constructed is important for the Ferrasci project scope of work and entitlement timing. The decision about whether or not to incorporate the Sobel project into the City’s sphere of influence

1.0 Executive Summary 1-3 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 and annexation application will affect a range of inputs into the project entitlement process, including but not limited to associated boundary maps, plan for providing services, and a fiscal analysis that are inputs to the LAFCO application. The scope of the EIR will also be affected – particularly the environmental setting (including evaluating project consistency with LAFCO sphere of influence and annexation policies) and the cumulative impacts analysis.

EMC Planning Group can support City decisionmaking about whether or not it will be feasible to include the Sobel project (and how this affects the scope of work). Our real-time understanding about the County’s approval process and the applicant’s subsequent effort to secure building permits and construct infrastructure and individual project components will be of significant value for informing this decision making.

Optional Tasks
The scope of work includes several optional tasks. These can be discussed with City staff as part of the scope of work refinement process.

1.0 Executive Summary 1-4 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 This side intentionally left blank.

2.0 Lead Project Contact 2-1 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022

2.0 Lead Project Contact
Ron Sissem, Senior Principal, will be the lead project contact for EMC Planning Group.

Ron’s contact information is as follows:

Email Address: [email protected]
Office Phone: 831-649-1799
Cell Phone: 831-521-5975

2.0 Lead Project Contact 2-2 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 This side intentionally left blank.

3.0 Project Team 3-1 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022

3.0 Project Team
EMC Planning Group will lead a team of professional planners and technical experts to provide the services requested by the City. This specific team was assembled for two key reasons. First, EMC Planning Group has the utmost confidence in the expertise of each team member given our experience working with each on many projects over the course of many years. Second, each team member understands the project context given their respective experience and/or has worked with EMC Planning Group on projects with the identical analysis requirements.

3.1 Team Members
The team consists of EMC Planning Group as the prime consultant, with subconsultants comprised of Kimley-Horn, WJV Acoustics, Illingworth & Rodkin, and Economic and Planning Systems. The backgrounds, qualifications, and representative projects for each firm are described in Section 5.0, Experience and Qualifications. The organizational chart on the following page shows the relationships between the team members, individual roles, and senior staff that would be involved to deliver the City’s requested services and products. Economic and Planning Systems’ qualifications are not included in Section 5.0, nor in the organizational chart, but the firm is known to the City through its numerous projects completed in the City and a scope of work and budget will be submitted to the City prior to contract approval.

EMC Planning Group Staff and Roles
EMC Planning Group staff that will be assigned to the project bring diverse skills and experience.

Each staff member, their years of experience with EMC Planning Group, and the roles they would fill for the project are shown in the EMC Planning Group staffing table below. Ron Sissem, Senior Principal, would serve as the overall project manager. Teri Wissler Adam would serve in a CEQA advisory role and provide product quality control. Sally Rideout would serve as an overall assistant project manager and lead the CEQA documentation process. Resumes for each EMC Planning Group staff member are included in Appendix A.

EMC PLANNING GROUP
Lead Consultant

CITY OF SALINAS

SUBCONSULTANTS
Illingworth & Rodkin
James Reyff
Principal
WJV Acoustics
Walter J. VanGroningen
President
Kimley-Horn
Fredrick Venter
Vice-President
Transportation Noise Health Risk
Assessment
Ron Sissem
Project Manager
Senior Principal

3.0 Project Team 3-2
Ferrasci Business Center Planning and CEQA Services Proposal EMC Planning Group
May 9, 2022

3.0 Project Team 3-3 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 EMC Planning Group Staff
Staff Years with
EMC Planning Group Project Role/Scope Tasks Assigned
Ron Sissem
Senior Principal
24 Principal-in-Charge/Project Manager/City Liaison
Staff Planning Support
Outreach Coordination/Implementation
CEQA Process Coordination
CEQA Documentation Preparation
Project Consideration Package Preparation
Public Hearings/Project Representation
Teri Wissler Adam
Senior Principal
30 CEQA Documentation Advisor
Product Editor/Quality Control
Sally Rideout
Principal
15 Assistant Project Manager
CEQA Documentation Manager
Staff Planning Support
CEQA Documentation Preparation
Stuart Poulter, AICP
Associate Planner
7 Staff Planning Support
CEQA Documentation Preparation
Project Consideration Package Preparation
Rachel Hawkins
Associate Planner
7 CEQA Documentation Preparation
Shoshana Wangerin
Associate Planner
5 Staff Planning Support
Outreach Implementation
CEQA Documentation Preparation
Janet Walther
Principal Biologist
19 CEQA Documentation Preparation
Patrick Furtado
Senior Biologist
2 CEQA Documentation Preparation
Kaitlin Ruppert, RPA
Archaeologist
2 CEQA Documentation Preparation
Matt Papurello
GIS/Graphics Technician
2 Graphics/ArcGIS Product Preparation
Kimley-Horn Team Staff and Roles
EMC Planning Group is teaming with Kimley-Horn because of the firm’s proven expertise, substantial experience working in Salinas, and its role as the City’s traffic consultant for the Salinas General Plan Update. Frederik Venter, Vice-President, would serve in the role of project manager and technical lead. Kimley-Horn lead staff resumes are included in Appendix B.

3.0 Project Team 3-4 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 WJV Acoustics
WJV Acoustics has prepared acoustical analyses for EMC Planning Group on many projects over time, including four specific plans in the past 3-4 years and the Sobel project. Walter Van Groningen, President, will manage the acoustical analysis for the proposed project. His resume is included in Appendix C.

Illingworth & Rodkin
Illingworth & Rodkin has prepared numerous technical analyses, including health risk assessments for EMC Planning Group, including for two recent specific plan projects. Illingworth & Rodkin also prepared technical analyses for the EDE EIR and the Salinas Travel Center projects. James Reyff, Principal, would lead the analysis work for the proposed project. His resume is included in Appendix D.

3.2 Team Commitment
There are no known constraints on the availability of each team member or their assigned staff members to complete the scope of work identified in this proposal. If during the course of implementing the project it becomes known that any team staff will no longer be available, EMC Planning Group will notify the City as soon as possible.

4.0 Team Services and Qualifications 4-1 EMC Planning Group Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022

4.0 Team Services and Qualifications

4.1 EMC Planning Group Services and Qualifications
Services
EMC Planning Group is a full-service interdisciplinary land use planning, environmental planning, and design firm. Since its inception in 1978, EMC Planning Group has been guided by exceptional commitment to its clients and their satisfaction and success. The firm’s reputation for being responsive, attuned to client needs, skilled in developing and implementing strategies to meet client goals, and producing quality products is well known. EMC Planning Group is a State of California certified small business, and a locally-certified green business.

Over the course of 44 years, EMC Planning Group has gained rich experience in a broad range of planning and development disciplines. Our firm translates that experience into concrete, focused results in a time- and cost-effective manner. EMC Planning Group’s receipt of numerous state planning awards and national recognition is one indicator that our clients and peers acknowledge our expertise.

The firm’s success and longevity are due in large part to the diversity, talent, and creativity of its team members. Our land use planners, environmental planners, biologists, archaeologists, and land use designers are skilled professionals with the ability to deliver practical solutions to land use planning, development design, environmental review, and regulatory compliance challenges.

The services presented below are representative of those EMC Planning Group delivers to its extensive public and private sector clients.
 CEQA and NEPA Compliance Services: initial studies, environmental assessments, environmental impact reports, environmental impact statements, noticing, and findings;  Contract Procedural Planning: development review process management, permit processing, policy and regulatory consistency analyses, application preparation and completeness review, zoning regulation preparation/review, project consideration package preparation (staff report, resolutions and ordinances, findings, etc.), public noticing, specialized technical documentation preparation, technical consultant coordination and management, project schedule and budget preparation and management, public outreach/participation, etc.;

4.0 Team Services and Qualifications 4-2 EMC Planning Group Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022  Land Use Planning: development site selection and evaluation, site planning and design, master planning, architectural and landscape design, permit processing, entitlement process coordination and management, local agency formation commission application preparation and processing, and project representation;
 Advanced/General Planning: general plans, specific plans, local coastal programs, zoning codes, housing elements, sphere of influence studies, area plans, and vibrancy plans;  Biological Resources: biological resources assessments, special-status species surveys, wetland delineations, habitat conservation plans, and compliance permitting;  Air Quality Analysis: criteria air pollutant emissions assessments using the California Emissions Estimator Model (CalEEMod), Emissions Factor Model (EMFAC), regulatory and legislative analysis, impact analysis, and emissions reduction/mitigation strategies;  Greenhouse Gas Analysis: greenhouse gas emissions modeling using CalEEMod and EMFAC, regulatory and legislative analysis, impact analysis, and emissions reduction/mitigation strategies and plans;
 Archaeology: archaeological surveys, testing, and monitoring; National Register eligibility assessments; cultural resources reports in compliance with CEQA, NEPA, and National Historic Preservation Act (NHPA) Section 106 NEPA compliance; and  Public Outreach: public outreach program design and implementation.

Representative Projects
A range of representative projects has been selected to demonstrate the firm’s experience implementing scope of work tasks requested by the City. These projects are listed in the representative projects table on the following page, with reference to the services performed for each that are relevant to the Ferrasci project. Detailed descriptions of each project can be found in Appendix A.

4.0 Team Services and Qualifications 4-3 EMC Planning Group Ferrasci Business Center Planning and CEQA Services Proposal March 24, 2022 EMC Planning Group Representative Projects
Project Name/Approvals
Applicable Services
Staff Planning
Support1
Public
Outreach
Specific
Plan
Initial
Study/EIR
LAFCO
Application/
Process
Project
Consideration
Package
Public
Hearing
Presentation
Salinas Economic Development Element
General Plan Element
√ √ √
Salinas Economic Development Element
Analysis Report
√
Salinas Travel Center
Specific Plan, Rezoning, Annexation
√ √ √ √
Salinas Ag Industrial Park
Specific Plan, Rezoning, Annexation
√ √ √ √ √
Mirarmonte
Specific Plan, Rezoning, Annexation
√ √ √ √ √ √
Vista Lucia and Puente del Monte
Specific Plans, Rezoning, Annexations
√ √
Ferrari Ranch
Master Plan, Rezoning, Annexation
√ √ √ √ √ √
Walnut Avenue
Specific Plan and Rezoning
√ √ √ √ √ √
North Merced
Annexation Feasibility Study
√ √ √ √
NewPark Place
Specific Plan
√ √ √ √
North Gilroy Neighborhood
Urban Service Area Amendment
√ √ √ √ √
NOTES:

1. Staff planning support includes application review and processing, specific plan review, general plan amendments packages, planning technical analyses, applicant technical information/report review, coordination and communication with City staff, applicant communications and coordination, liaising with agencies and stakeholders, etc., as well as the LAFCO, project consideration package, and public hearing tasks described in the Request for Proposals.

4.0 Team Services and Qualifications 4-4 EMC Planning Group Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 References
The table below includes references for several of the representative projects listed above and described in Appendix A. Contact information for additional references is included for each representative project included in Appendix A.

EMC Planning Group References
Name Project Phone Email Work
Description
Mark Hartunian
Assistant City Manager
City of Gonzales
Vista Lucia and
Puente Del Monte
831-675-5000 [email protected]
See
Representative
Projects List in
Appendix A
Brent Slama
City Manager
City of Soledad
Miramonte and
Walnut Avenue
831-223-5014 [email protected]
Scott McBride
Development Services Director
City of Merced
Ferrari Ranch 209-385-6818 [email protected]
Melissa Durkin
Planner II
City of Gilroy
North Gilroy
Neighborhood
408-846-0440 [email protected]

4.2 Subconsultant Team Services and Qualifications
Kimley-Horn Services and Qualifications
Kimley-Horn’s suite of services focuses on transportation engineering. The firm’s ability to deliver operational transportation analyses is based on years of experience providing this service to clients throughout the country. From the CEQA services perspective, Kimley-Horn’s experience with evaluating VMT impacts of plans and projects is difficult to match, and its work on the City general plan update process ensures its understanding of the Ferrasci project context. More information about Kimley-Horn’s services and qualifications can be found in Appendix B.

WJV Acoustics Services and Qualifications
WJV Acoustics, Inc., formerly Brown‐Buntin Associates, Inc., is a full‐service acoustical consulting firm specializing in the measuring, modeling and evaluating environmental and transportation noise and architectural acoustics. WJV Acoustics utilizes state‐of‐the‐art sound analysis equipment, coupled with computer modeling capabilities, to quantify noise from construction, aircraft, traffic, rail, industrial/commercial and other sources.

WJV Acoustics has prepared hundreds of acoustical analyses over the past 30 years, including for general plan noise elements for approximately 50 California jurisdictions. The firm prepares

4.0 Team Services and Qualifications 4-5 EMC Planning Group Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 environmental noise assessments for CEQA and NEPA documents, prepares noise exposure studies for airports of all sizes, and consults with architects concerning the acoustical design of schools, office buildings and performing arts facilities. WJV Acoustics has fostered a strong reputation within the environmental community as delivering sound and defensible work while maintaining a high level of client attentiveness.

More information about WJV Acoustic’s services and qualifications can be found in Appendix C.

Illingworth & Rodkin Services and Qualifications
Illingworth & Rodkin’s air quality services focus on evaluating air emissions and health risks of land use and stationary source projects for both private and public sector projects. Air quality studies for land use projects to support CEQA/NEPA documents and EIRs are most common. Air quality studies include air pollutant, toxic air contaminant, greenhouse gas emission, and health risk assessment analyses. Types of projects include specific plans for a variety of land use types, office centers, wastewater treatment facilities, waste management facilities, quarries, and other industrial facilities. The firm also assists local communities in developing air quality policies for incorporation into general plans.

More information about Illingworth & Rodkin’s services, qualifications and representative projects can be found in Appendix D.

Economic and Planning Systems
Economic and Planning Systems (EPS) is a multi-disciplinary economic consulting firm. Among other services, EPS helps governments and project proponents to consider the potential municipal net revenue benefits from land use plans and entitlements. Fiscal impact models are used estimate tax and other public revenues generated by new development, as well as the cost of public services required to serve the new development. These studies can be used to fine tune land use programs and to identify appropriate mitigations for negative fiscal impacts.

4.3 Work Product Examples
Representative planning services (e.g., application completeness review), specific plan, CEQA document, LAFCO application, and project consideration package work products for EMC Planning Group, and representative technical analysis products from each of the team subconsultants can be accessed at:
https://www.dropbox.com/sh/y1f4gok8spgwciq/AACHrWGHttm4UBR1q1R7JAuLa?dl=0

4.0 Team Services and Qualifications 4-6 EMC Planning Group Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 This side intentionally left blank.

5.0 Scope of Work 5-1 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022

5.0 Scope of Work

5.1 CEQA Compliance and Technical Study Scopes of Work
The Request for Proposals outlines the City’s assumptions about the CEQA documentation approach and scope for the proposed project. EMC Planning Group’s perspective is summarized below. Additional information regarding key environmental issues is then provided.

Determining the Appropriate CEQA Approach
Examine Opportunities for Streamlining the Project CEQA Process EMC Planning Group’s approach to CEQA compliance is to first examine all legally defensible options for streamlining the CEQA process. Because the EDE EIR evaluated impacts of developing Target Area K with retail and business park uses, the first consideration is to determine whether CEQA documentation for the proposed project can be streamlined under the provisions of CEQA Guidelines section 15183, Projects Consistent with a Community Plan or Zoning. Section 15183(a) reads:

CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies.

The Request for Proposals document statement that the specific plan would incorporate residential land uses, it is assumed that the specific plan will not be entirely consistent with the Retail and Business Park land uses identified for Target Area K in the EDE EIR. This assumption has been confirmed by City staff in its response to EMC Planning Group questions about the project.

Consequently, preparing an initial study for the proposed project to determine whether additional detailed CEQA review is necessary as described in CEQA Guidelines section 15183(b), would not appear to be an option. In addition, in EMC Planning Group’s experience, unless the particular project circumstances suggest that streamlining under these CEQA provisions would be straightforward and not involve the need for significant new technical analyses, the level of effort and cost to pursue this streamlining approach can be notable. Further, given the significant project size and public visibility, from a CEQA process defensibility perspective, it would be prudent to

5.0 Scope of Work 5-2 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 prepare CEQA documentation that clearly and publicly discloses the potential environmental impacts of the proposed project (an initial study prepared under the provisions of section 15183 would not require public review).

Identify a Prudent CEQA Documentation Pathway
City’s assumption that an initial study should be prepared is one CEQA process option. The rationale for doing so is identified in CEQA Guidelines section 15063(c), namely to determine whether an EIR or negative declaration is appropriate and to focus the scope of the subsequent documentation on effects found to be significant in the initial study. Where a prior EIR has been certified that addresses the subject project to be evaluated, as is the case here, the initial study would serve the function identified in CEQA Guidelines section 15162, Subsequent EIRs and Negative Declarations, to examine the potential for the proposed project to result in significant impacts that were not identified in the EDE EIR. Analyses of these potential effects would be the focus of the EIR. The initial study would also examine potential impacts associated with “new” environmental topics that were not addressed in the CEQA Guidelines at the time the EDE EIR was prepared.

These include vehicle miles traveled, tribal cultural resources, and wildfire.

Though preparing an initial study as described above is an option, the proposed scope of work assumes that an initial study will not be prepared. Rather, effects found not be significant will be addressed in an EIR, which the Request for Proposal assumes will be required. EMC Planning Group’s scope of work and budget reflects this assumption.

Tiering to Reduce CEQA Process Time and Cost
As noted in the Request for Proposals per CEQA Guidelines section 15152, Tiering, time and cost efficiencies will be realized by tiering the analyses in the EIR from the EDE EIR. This will be particularly useful for reporting on potential project impacts that are not directly or indirectly contingent on the type, intensity and/or development capacity for the site as proposed in the specific plan. Tiering will also enable reference to significant impacts identified in the EDE EIR that are applicable to the proposed project and which are reduced to less than significant through conformance with uniformly applied General Plan policies and development standards, and required conformance with applicable mitigation measures in the EDE EIR. Applicable mitigation measures would be identified in the EIR and included in the project mitigation monitoring and reporting program.

The West Area Specific Plan and the Central Area Specific Plan EIRs will also be of value for background, environmental setting, and technical information and will be utilized where possible for to reduce time and cost.

5.0 Scope of Work 5-3 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 Use of the Project EIR for Subsequent Individual Project Approvals It is in both the City’s and applicant’s interest that the project EIR be written to enable as much CEQA streamlining opportunity as possible for future individual projects proposed within the specific plan boundary. Sections 15162 and 15183 of the CEQA guidelines as discussed above afford such an opportunity. The extent to which this opportunity can be captured is in significant part contingent on whether individual future projects are consistent with the specific plan. Thus, it is important to consider how conservatively to define the use types and their associated development capacity enabled by the specific plan. The greater the development capacity, the more flexibility there may be in assuring that future individual projects will fall within that capacity, thereby enabling streamlining under section 15183. However, the development capacity decision must also be weighed against the mitigation obligations that arise from that development – the greater the development capacity, the greater the potential to “over-mitigate”. This issue would be discussed with City staff and the applicant as part of the specific plan review process and as part of formulating the EIR project description.

LAFCO CEQA Requirements Considerations
LAFCO will use the project EIR as the CEQA documentation for its consideration of the sphere of influence and annexation approval requests. As such, the EIR should evaluate the proposed project consistency with LAFCO’s policies regarding these actions. This evaluation would be included in the environmental setting of the EIR where consistency with applicable plans (including the City of Salinas General Plan) would be evaluated.

The timing of the City’s decision to include the Sobel project in the sphere of influence and annexation application is a notable influence on the EIR scope of work as previously noted. If it can be assumed that the Sobel project will be included in the proposed sphere of influence and annexation boundaries, related LAFCO policy consistency analysis, environmental setting, and cumulative impacts evaluations would be affected (the Sobel project would be considered a “background” project as part of the cumulative impact evaluation setting in the EIR).

Key Environmental Issues
Agricultural Resources
The EDE EIR evaluated impacts of implementing the EDE, including loss of Important Farmland resulting from future development within Target Area K. The City has already adopted a statement of overriding consideration for this impact. Consequently, there is no further need to evaluate this impact in detail in the EIR. Nevertheless, the impact should again be identified in the EIR.

It will be important to collaborate with the City to determine if the mitigation measure in the EDE EIR for converting Important Farmland remains valid or whether modifications to it should be made to reflect any changes in circumstances that may have occurred since that time. If no changes are needed, the mitigation would apply to the future development within the specific plan boundary.

5.0 Scope of Work 5-4 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 Biological Resources
The EDE EIR identified that a range of potentially significant biological resources would occur from implementing the EDE. The EDE EIR analysis was based on existing available information; a detailed reconnaissance-level field survey was not conducted at each of the subject target areas.

Further, the information in the EDE DEIR is now over five years old and may not reflect the existing biological resources conditions within each target area, including Target Area K. Site specific analysis will be necessary to identify potentially significant impacts of implementing the specific plan.

Greenhouse Gases
The City of Salinas has not yet adopted a climate action plan. Such a plan would be the basis for potentially streamlining the GHG analysis in the project. While the City is in the process of developing a climate action plan, City staff has indicated that it will not be adopted and available for reference in the Ferrasci project EIR. Consequently, a different analysis methodology will be used.

The EDE EIR found that GHG impacts of implementing the EDE, including developing Target Area K, would be significant and unavoidable, even after implementing mitigation measures. The EDE EIR analysis was based on a quantitative analysis of GHG emissions that would be generated under EDE buildout and compared those emissions to a quantified threshold of significance.

Recent CEQA case law has rendered the quantitative impact analysis methodology that had been widely used in CEQA documents for many years open to potential legal challenge. The Monterey Bay Air Resources District has never provided guidance for evaluating GHG impacts of land use project that can be used by local agencies. However, partly in response to recent case law, the Bay Area Air Quality Management District (BAAQMD) has recently released its Draft Justification Report:

CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects. BAAQMD is now advocating that GHG impacts of individual projects be evaluated against whether or not they incorporate discrete best management practices for reducing GHGs. These include prohibiting use of natural gas, incorporating electric vehicle support infrastructure, and minimizing vehicle miles traveled. For plan projects (such as a specific plan) the BAAQMD guidance also includes a best management standard to either: 1) meet the state’s goals to reduce emissions to 40 percent below 1990 levels by 2030 and carbon neutrality by 2045; or 2) be consistent with a local GHG reduction strategy that meets the criteria under CEQA Guidelines Section 15183.5(b). The BAAQMD guidance is expected to be adopted by the District Board of Directors in spring 2022. The Sacramento Metropolitan Air Quality Management District adopted similar project-specific performance guidance in 2021.

EMC Planning Group will discuss GHG analysis methodology options with City staff. Following the BAAQMD guidance may be the most legally defensible at this time, though options that allow applicants to meet the intent of the guidance should be considered where evidence can be provided that implementing/consistency with the performance standards is infeasible. BAAQMD has not yet

5.0 Scope of Work 5-5 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 provided guidance on such options but is expected to shortly. Use of a performance-based approach could be considered as an interim analysis methodology until the City adopts a climate action plan.

Once that occurs, consistency of individual projects or plans with the climate action plan can be used as the basis for GHG impact analyses.

Water Supply
The EDE EIR evaluated water supply availability based on a water balance analysis approach. It found that impacts from converting lands within the target areas, for which agricultural crop production was the primary existing use, would be less than significant; agricultural use was found to be more groundwater consumptive than the urban development that would replace it.

Since the EDE EIR was certified, CEQA Guidelines Appendix G, which the City has historically used (with some deviations) as a basis for assessing impacts in CEQA documents, has been modified to incorporate project consistency with adopted sustainable groundwater management plans as a new environmental topic. This topic differs from assessing whether a project will substantially decrease groundwater supply. The project site is within the boundary of the Eastside Aquifer Subbasin. Consequently, project consistency with the Eastside Subbasin Groundwater Sustainability Plan prepared by the Salinas Valley Basin Groundwater Sustainability Agency will also be reviewed.

A water supply assessment pursuant to Senate Bill 18 is not included as a scope item or in the proposed budget, but it is assumed that one will be prepared by Cal Water per request of the City.

The water supply assessment will be fundamental to addressing the impacts of the proposed project on water supply sufficiency and sustainability.

Transportation (VMT and Local Transportation Analysis)
As is well known to the City, with the passage of SB 7643, the VMT effects of the proposed project will need to be evaluated. Kimley-Horn will prepare the VMT analysis. VMT effects will, in part, depend on the project definition, as internal trip capture between proposed uses and pass-by trip assumptions can have a substantial influence on a project’s net VMT. The City’s VMT policy will be incorporated into the analysis. Should the VMT impact be significant, our team will work with City staff (and the applicant – at the discretion of the City) to identify and consider possible VMT reduction measures to incorporate into the specific plan or as EIR mitigation.

Though the City is initiating a general plan update, it is assumed that the existing level of service policy in the existing general plan will remain in effect at least until such time as a general plan update is adopted. To assess project consistency with this policy, and due to the City’s interest in understanding impacts of the project on traffic operations and related capital improvements requirements, Kimley-Horn will also conduct an operations analysis. The extensive traffic analysis work conducted for the EDE EIR, the Sobel project, the Central Area Specific Plan and the West Area Specific Plan will be used as reference.

5.0 Scope of Work 5-6 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 Task 1: Project Coordination/Management and Kick-Off Meeting Project Coordination
This activity includes project contract management/invoicing, project schedule preparation and updates, subconsultant contract management/invoicing, providing regular email progress reports to City staff, etc.

Kick-Off Meeting
 EMC Planning Group will attend a project kickoff meeting with City staff.  Prepare for and facilitate a kick-off meeting with City staff (and at the City’s discretion, the project applicant). The purpose is to further articulate the project description, review and revise the preliminary project schedule as needed, obtain submittals from the applicant (including the specific plan if available), and discuss other topics including communications protocols, key environmental issues, potential public controversy, forthcoming and/or information needs from the applicant, etc. EMC Planning Group will prepare an agenda for the meeting and provide summary notes after the meeting.  On the same day as the kick-off meeting, EMC Planning Group staff would also conduct a site investigation to document existing conditions at the project site and in the vicinity, catalogue land use and resource issues, and prepare photo documentation for use in the EIR.

Deliverables:
 Meeting agenda and summary notes.

Task 2: Notice of Preparation and Scoping Meeting
 Prepare a draft Notice of Preparation (NOP) for review and comment by City staff. The NOP would be initiated once the project description in nearly complete. Obtain comments from City staff. Comments will be incorporated into a final NOP;  Prepare a Notice of Completion (NOC);
 Prepare a project Summary Form; and
 Circulate the NOP, Summary Form, and NOC to the State Clearinghouse (City will need to authorize EMC Planning Group to act as its agent for this purpose).

Assumptions:
 City staff will deliver a consolidated, internally consistent set of comments that identifies specific revisions required to prepare the final NOP. This task assumes one review round of the draft NOP by City staff; and
 City will distribute the NOP to individuals, organizations and agencies on the City’s circulation list.

5.0 Scope of Work 5-7 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 Deliverables:
 One (1) Word and one (1) electronic copy of the final documents.

Scoping Meeting
 Conduct a scoping meeting during the 30-day comment period for the NOP;  Prepare handouts consisting of the NOP and any other brief, informative materials as may be needed; and
 Record comments in a meeting summary memo.

Assumptions:
 City staff to secure and organize venue.

Deliverables:
 Handouts as noted and summary of comments.

Technical Studies
Based on EMC Planning Group’s understanding of the EDE EIR and project context, the technical analysis listed below are anticipated and included in the proposed budget. EMC Planning Group would review the analyses completed by team subconsultants for adequacy. It is assumed that the City will want to review and comment on the transportation/VMT analysis prior to its content being integrated into the EIR.

The technical studies will be informed by information contained in the EDE EIR, the EIRs for the Central Area Specific Plan and West Area Specific Plan, technical analyses prepared for the Sobel project (available to EMC Planning Group), and if approved, CEQA documentation prepared for the Sobel project.

Anticipated Technical Analyses
Technical Analysis Preparer
Air Quality EMC Planning Group
Health Risk Assessment Illingworth & Rodkin
Biological Resources Assessment EMC Planning Group
Greenhouse Gas EMC Planning Group
Noise WJV Acoustics
Transportation (VMT and LOS) Kimley-Horn
The scope of each technical analysis is summarized on the following pages.

5.0 Scope of Work 5-8 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 Air Quality
The EDE EIR concluded that air quality impacts of implementing the EDE would be less than significant with implementation of mitigation measures. To assess the air quality impacts of specifically developing Area K per the proposed specific plan, EMC Planning Group will prepare an air quality assessment. In addition to describing existing conditions and regulatory requirements, emissions will be modeled using CalEEMod to calculate air emissions volumes based on proposed project conditions. Depending on how the specific plan treats existing development west of Harrison Road, an existing conditions model run may also be needed, with these emissions subtracted from projected emissions to arrive at a net increase. The model methodology, assumptions, and results will be presented in a technical memorandum, which will be included in the report appendices. Emissions volumes will be compared to Monterey Bay Air Resource District thresholds for criteria air emissions to determine impact significance. If significant impacts are identified, determine if the mitigation measures identified in the EDE EIR, if appropriate, will be included, with additional mitigation proposed as may be required.

Health Risk Assessment
Illingworth & Rodkin will evaluate health risks from toxic air contaminant exposure for nearby sensitive receptors and future sensitive receptors within the site. This will be done for both construction and operational conditions at a programmatic level. The operational analysis is needed because the proposed project is assumed to include residential uses (and consequently inconsistent with the land uses in the EDE EIR for Target Area K), Illingworth & Rodkin. As described in Illingworth & Rodkin’s scope of work in Appendix D, two options are provided for evaluating health risks. The first is qualitative, with performance standards provided that would apply to each individual future project proposed within the specific plan boundary. The second is quantitative, the level of exposure of sensitive receptors to toxic air contaminants would be modeled and compared to quantified thresholds of significance. Mitigation measures in the form of performance standards that represent “Best Management Practices” to control dust or particulate matter emissions would be identified. In addition, other measures that may be necessary to reduce construction exhaust emissions or cancer risks would be identified. An optional task for the quantitative analysis approach is included in this proposal if this is preferred by the City, a question that can be discussed as part of a scope of work refinement process.

Biological Resources Assessment
To identify site specific biological resource conditions and potential impacts that could result from implementing the proposed specific plan, EMC Planning Group biologists will conduct a sitespecific analysis of biological resource conditions as a basis to evaluate potential impacts. This will consist of determining special-status species that have been recorded as occurring within the general project vicinity based on current database searches of California Department of Fish and Wildlife’s California Natural Diversity Database, the California Native Plant Society Rare and Endangered

5.0 Scope of Work 5-9 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 Plant Inventory, the US Fish and Wildlife Service Endangered Species Program, the US Fish and Wildlife Service National Wetlands Inventory; and other biological studies conducted in the vicinity of the project site, if available. A reconnaissance-level field survey will then be conducted to map principal plant communities; assess the potential for special-status species and their habitats, wildlife movement corridors, potentially jurisdictional wetlands and waterways, regulated trees, and other significant biological resources to occur; and identify and map any observed locations of specialstatus species and/or habitats. Figures will be prepared to illustrate habitat types and the location(s) of special-status species occurring on or in the vicinity of the project site. Potential impacts to biological resources will be identified, and mitigation measures will be provided to minimize potential impacts when possible. Mitigation measures will confirm and/or expand on the measures contained in the EDE EIR.

Focused surveys for specific plant and/or animal species are not included in this proposed scope of work. The presence or absence of certain species can be determined during the reconnaissance-level site assessment. If appropriate habitat for other sensitive species is observed during the site assessment, species-specific surveys may be required (i.e., surveys for annual plants not in bloom at the time of the reconnaissance-level survey, protocol-level surveys for special-status wildlife species, etc.). Species-specific survey requirements will be determined based on the results of the reconnaissance-level site assessment.

Greenhouse Gas Analysis
As described in the Key Environmental Issues section above, a climate action plan will not be available as a basis to streamline the GHG analysis in the EIR. BAAQMD’s new analysis guidance will be reviewed with City staff as an approach for addressing GHG impacts of the project. With the assumption that this guidance will be used, the following steps will be taken to complete the GHG analysis:
 Describe the existing climate change setting at the global, state and local levels;  Discuss the existing climate change policy and regulatory setting, including review of state and local legislation and regulations;
 Describe the existing project setting in terms of existing activities within the project site that generate GHG emissions (the baseline);
 Describe the analysis included in the EDE EIR;
 Discuss the Bay Area Air Quality Management District GHG analysis methodology;  Quantify GHG emissions using CalEEMod for informational purposes;  Discuss GHG reduction measures included in the proposed specific plan, if any; and

5.0 Scope of Work 5-10 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022  As mitigation, discuss performance measures to be included in the proposed project to reduce impacts to less-than-significant and discuss options to requiring these measures if one or more are deemed to be infeasible.

If the proposed project cannot meet the performance standards adopted by BAAQMD and a quantitative or other more detailed analysis is required, a contract amendment may be needed once the level of effort required is defined.

Noise Analysis
A noise analysis was conducted as part of the EDE EIR. It concluded that traffic noise impacts would be significant and unavoidable. Because the proposed project is assumed to be inconsistent with the land uses in the EDE EIR for Target Area K, the noise analysis in the EDE EIR will not suffice for tiering purposes. Consequently, WJV Acoustics will prepare a noise analysis to examine traffic noise impacts of implementing the proposed specific plan given current and cumulative traffic conditions (including traffic noise that would be generated by the Sobel project if approved) evaluate potential impacts on noise-sensitive uses that could be developed within the site, and identify mitigation measures as may be required.

The scope of work for the noise analysis is included in Appendix C.

Transportation (VMT and Local Transportation Analysis)
Kimley-Horn will prepare the VMT analysis for the project using the methodology described in its scope of work in Appendix B, and following the City VMT analysis methodology. The AMBAG TDM model will be used to assess changes in VMT for individual land use types assumed to be included in the specific plan. Those changes will be compared to thresholds of significance identified in the City’s VMT methodology. If VMT impacts are determined to be significant, mitigation measures will be identified. Those measures would likely focus on travel demand options for reducing trip volumes and/or lengths. Because many of these types of measures could affect the project design and/or obligations of future developers, it may be necessary to work collaboratively with the project applicant to determine which can be practically applied to reduce impact significance.

Kimley-Horn will also prepare a local transportation analysis that investigates the effects of the project on performance of the road network. As described previously, this analysis is largely for the City’s informational purposes, but does have bearing of evaluating consistency of the project with transportation operations service standards identified in the General Plan.

Administrative Draft EIR
 Review all responses to the NOP to ensure that all relevant concerns raised are addressed in the administrative draft EIR;

5.0 Scope of Work 5-11 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022  Correspond with City staff, and responsible, trustee, and other affected agencies as necessary to clarify issues to be addressed in the administrative draft EIR;  Conduct tribal consultation process as needed to meet Senate Bill 18 and Assembly Bill 52 requirements;
 Prepare the administrative draft EIR. The EIR will include the following major sections:
• Introduction;
• Summary;
• Environmental setting – as well as describing existing physical environmental conditions, the setting will include policy consistency analyses. The first will address project consistency with policies of the general plan that serve to mitigate environmental impacts. The second will address project consistency with LAFCO sphere of influence and annexation policies. The LAFCO analysis is needed to support LAFCO’s use of the EIR as CEQA documentation for its discretionary actions to consider the sphere of influence and annexation actions;
• Project Description;
EMC Planning Group will first prepare and submit an administrative draft project description to City staff (and the applicant – at the discretion of City staff) for review and comment. A draft will then be prepared for integration into the EIR. Having a stable project description that does not “migrate” after this time is fundamental for reducing the potential need for contract amendments.
• Project impacts – the significance of project impacts and mitigation measures for significant impacts will be identified using the CEQA Guidelines Appendix G checklist (as modified by the City) as a guide, with a focus on key issue areas identified by EMC Planning Group in collaboration with City staff. Each environmental topic analysis will be presented in a separate chapter;
• Applicable EDE mitigation measures - identify the mitigation measures that are applicable for implementing future development within the specific plan boundary (to disclose these measures and to assist with preparing the mitigation monitoring and reporting program;
• Growth inducement, cumulative impacts, and irreversible changes in the environment resulting from implement the project;
• As a prerequisite to including it in the proposed sphere of influence and annexation boundaries, the City is assuming that construction on the Sobel project must have begun.

If the Sobel project is to be considered in the project EIR, it would be addressed in the cumulative impact section to support the EIR function as CEQA documentation for LAFCO’s use.

5.0 Scope of Work 5-12 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 • Alternatives - up to four (4), including a no project alternative; • EIR preparers, persons contacted and references consulted; and • Technical appendices.

Assumptions:
 City staff will distribute the administrative draft EIR for review by the appropriate City departments;
 City staff will deliver a consolidated, internally consistent set of comments that identifies specific revisions required to prepare the screencheck draft EIR; and  One round of comments on the administrative draft EIR will occur.

Deliverables:
 One (1) electronic Word version and one (1) electronic PDF version of the draft project description for review and comment; and
 One (1) electronic Word version, one (1) electronic PDF version of the administrative draft EIR for review and comment.

Screencheck Draft EIR
 Communicate with City staff to discuss City comments and outstanding issues on the administrative draft EIR;
 Revise the administrative draft EIR to incorporate City staff comments; and  Produce a screencheck draft EIR.

Assumptions:

Same as described for the administrative draft EIR.

Deliverables:
 One (1) electronic Word version and one (1) electronic PDF version of the screencheck draft EIR for review and comment.

Draft EIR, Notice of Completion and Notice of Availability  In consultation with City staff, incorporate City staff comments on the screencheck draft EIR into a public review draft EIR;
 Prepare a draft NOC and Notice of Availability (NOA) for City staff review and comment;  Produce draft EIR with appendices; and
 Distribute draft EIR and NOC to the State Clearinghouse.

Assumptions:
 City staff will publish the NOA in the local newspaper, post the NOA with the County Clerk, distribute the CEQA document and NOA to stakeholders on the City’s CEQA document

5.0 Scope of Work 5-13 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 distribution list, and distribute hard copies of the draft EIR to locations where it can be available for public review (e.g., Community Development Department, local libraries, etc.) Deliverables:
 One (1) electronic Word version and one (1) electronic PDF version, and six (6) paper copies of the draft EIR. For the paper copies, the appendices will be included on the back-inside cover on a CD.

Final EIR
Administrative Final EIR and Draft Mitigation Monitoring and Reporting Program  Obtain and evaluate comments received during the public review period. Review comments with City staff that require input from City staff;
 Prepare the administrative final EIR as a separate document from the draft EIR including a revised summary section, a list of all agencies and individuals commenting on the draft EIR, comments received during the public review period for the draft EIR, responses to those comments, and changes to the draft EIR;
 Prepare a draft of the mitigation monitoring and reporting program in the City’s format (if requested by City staff). The program would be prepared at this stage, versus as part of the draft EIR. The program would be available for public review as part of the final EIR, which must be made available to the public for a minimum of 10 days prior to a public hearing at which the EIR would be considered for certification. If the City prefers that a draft mitigation monitoring and reporting program be included in the draft EIR for public circulation, this certainly can be done; and
 Submit the administrative final EIR and draft mitigation monitoring and reporting program to City staff for review and comment.

Final EIR and Final Mitigation Monitoring Program
 Prepare the final EIR, incorporating City staff comments on administrative final EIR.

Assumptions:
 The level of effort required to respond to comments on the draft EIR cannot be projected with reliability. The assumed effort is reflected in the proposed budget. If the level of effort exceeds the budgeted amount a contract amendment may be required. This possibility will be reviewed with City staff once all comments are received and evaluated;  City staff comments on the administrative final EIR will be consolidated into one set and reviewed to ensure they are internally consistent and applicable;  It is assumed that City staff will distribute the administrative final EIR for review by the appropriate City departments as needed and return one consolidated, internally consistent set of comments;

5.0 Scope of Work 5-14 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022  City staff will deliver a copy of the final EIR to individuals and agencies that provided comments on the draft EIR; and
 The project budget does not include costs to respond to public comments delivered after the final EIR is made public.

Deliverables:
 One (1) electronic Word version and one (1) electronic PDF version of the administrative final EIR for review and comment; and
 Deliver one (1) Word version and one (1) electronic PDF version of the final EIR.

Coordination/Consultation with Applicable Agencies
Input from local, state, and federal responsible and trustee agencies on the scope of the EIR would be obtained through the NOP process. However, additional contact will be made with agencies whose input is needed to analyzed environmental effects in the EIR. EMC Planning Group would coordinate the contacts and communications, and if and where it would be value-added, recommend that City staff participate. This activity is considered to be part of the overall CEQA scope of work; no separate line item is included in the budget for it. An optional task is included in this scope of work for meetings with these agencies if such are required.

CEQA Findings
Prepare CEQA findings and statement(s) of overriding considerations (as needed) per CEQA Guidelines section 15091 (Findings), and 15093 (Statement of Overriding Consideration), in the format used by the City, for review by the City Attorney and/or other City staff.

Deliverables:
 One (1) electronic Word copy of the draft CEQA findings for City staff review and comment; and
 One (1) electronic Word and one PDF of the final CEQA findings for inclusion in the project consideration package.

Assumptions:
 City staff comments on the draft CEQA findings will be consolidated into one set and reviewed to ensure they are internally consistent and applicable.

5.2 Technical Planning Support
EMC Planning Group recognizes the City’s development review process support needs and interest in being supported by a trusted partner. EMC Planning Group’s goal in this role is to make life easier for City staff. Our collaborative relationships with City staff, our past experience serving in this function for Salinas and other jurisdictions, our unparalleled understanding of the City and

5.0 Scope of Work 5-15 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 project context, and our collaborative working relationships with the applicant’s project team members (RJA Engineers and Michael Harrington, Legal Counsel) on projects in Salinas suggest that EMC Planning Group is the perfect fit to provide the support the City seeks.

The following tasks would be implemented as part of the planning support scope of work.

Planning Process Management and Communications
Unlike contract and schedule management focused activities identified under the Project Management task presented earlier, this activity addresses process management time; day-to-day email and other communications with City staff, the public, and the applicant; EMC Planning Group staff management; etc. The level of effort identified in the project budget for this task is a best guess, and may need to be refined as part of the scope refinement process and/or as the project proceeds.

Meetings and Teleconferences
Meetings
It is assumed that regular meetings with City staff (and potentially the applicant as may be desired by City staff) will be required during the project planning, development review, CEQA and project consideration phases of the project. Up to four (4) in-person meetings are assumed in this task. The level of effort assumed for each includes preparation time, (materials, printing, coordination, agenda, etc.), meeting time, and a written meeting summary. An optional cost for additional individual meetings is included in the proposed budget.

Deliverables:
 Meeting materials and meeting summaries.

Teleconferences
The Request for Proposals notes bi-weekly calls (virtual or telephone) with City staff (and potentially the applicant as may be desired by City staff) will be required. Up to twenty (20) calls are assumed.

The level of effort assumed for each includes preparation time, (materials, coordination, agenda, etc.), call time, and miscellaneous follow-up actions.

Project Application Review
 Review initial City project applications for content and completeness. Identify information gaps and communicate with City staff and applicant about additional data needs as required;  Monitor the status of outstanding application package inputs over time and provide guidance to the applicant, in collaboration with City staff, about content/plan requirements and needs;  Review and provide comments on administrative draft and draft Specific Plan. Coordinate City staff review and comments on the same;
 Prepare application incompleteness letters /completeness letter consistent Permit Streamlining Act requirements; and

5.0 Scope of Work 5-16 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022  Coordinate meeting(s) with City staff and applicant to review application content and facilitate application completeness (meeting budget included in a separate task).

Assumptions:
 The level of effort for this task is difficult to estimate, as its completion is not solely within the City’s control. A cost has been included in the project budget, which would be monitored over time. If additional funds are required, a contract amendment or reallocation of budget funds may be required in coordination with City staff. The level of effort assumes up to three (3) rounds of application review and up to (3) letters of incomplete application.

Deliverables:
 Application incompleteness letters / completeness letter;  Consolidated specific plan review comments (two reviews are assumed with comments from City staff and EMC Planning Group consolidated into one set for each review); and  Summary notes from application review meetings with applicant (as required).

LAFCO Application Package
City staff has indicated that the consultant should be responsible for preparing the annexation/reorganization application for presentation to the City Council and LAFCO. EMC Planning Group has filled this role for the City on two previous projects and has done so for numerous other cities. This task summarizes LAFCO application package actions:
 Coordinate LAFCO applicant inputs with applicant team/City staff:
• The sphere of influence/annexation map and related components of the application can be prepared by the applicant’s engineer (as has occurred with other annexation projects in the City). Cost for preparing these items is not included in the proposed budget.

Similarly, it is assumed that the applicant’s specific plan will be substantially sufficient as a basis to prepare the plan for services component of the LAFCO application, and if not, that the applicant can provide supporting information as may be required; no separate cost is included in the budget for preparing related input information. • A fiscal analysis is also a required input. This item can be prepared by the applicant, with City staff or outside peer review, and/or prepared by a consultant to be retained by the City. Neither cost is included in the proposed budget, but both are shown as optional cost items in the proposed budget.
 Consult with LAFCO staff as needed;
 Prepare a draft LAFCO application package for review and comment by City staff;  Prepare a final draft LAFCO application package;

5.0 Scope of Work 5-17 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022  Monitor LAFCO staff application review process and provide up to 16 hours of effort to respond to LAFCO staff questions and requests; and
 Attend up to one (1) LAFCO public hearing.

Public Hearings
Project Consideration Packages
EMC Planning Group has prepared project consideration packages (staff report, resolutions and ordinances, exhibits, etc.) for several projects in the City. This task includes preparing both Planning Commission and City Council project consideration packages in collaboration with City staff and the City Attorney. The Planning Commission package will require the most significant level of effort of the two, as it will contain information, particularly the staff report, that will, in substantial part, be replicated for the City Council package. Other elements of the Planning Commission package, including resolutions and ordinances, will require modification for the City Council. The format/templates will be identified in coordination with City staff.

Assumptions:
 Each package will undergo one round of review by City staff/City Attorney, with consolidated, internally consistent comments returned to EMC Planning Group.

Deliverables:
 Prepare administrative draft, draft and final Planning Commission project consideration packages. Deliver one (1) electronic Word version and one (1) electronic PDF; and  Prepare draft and final City Council project consideration packages. Deliver one (1) electronic Word version and one (1) electronic PDF.

Public Hearing Attendance and Presentations
EMC Planning Group will attend one (1) Planning Commission and one (1) City Council hearing. It is assumed that EMC Planning Group would, in collaboration with City staff, prepare and deliver a PowerPoint presentation, and be available to support City staff by responding to comments from decision makers and/or the public.

5.3 Graphics and Final Specific Plan Production
Graphics
EMC Planning Group will prepare a package of graphics and illustrations in a GIS compatible format and editable format so that these materials can be manipulated by the City over time.

5.0 Scope of Work 5-18 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 Final Specific Plan
EMC Planning Group commonly prepares specific plans and other documents in InDesign. For this task, the specific plan will be produced in InDesign. A final draft will be prepared for review and comment by City staff, with edits incorporated into a final specific plan.

Assumptions:
 All changes to the draft public review specific plan as may be required based on comments from the Planning Commission and/or City Council others will be made in Word prior to its delivery to EMC Planning Group. All files needed to produce the final specific plan in InDesign will be available to EMC Planning Group with no changes required.  No additional design elements will be added to the final Word version of the specific plan as part of its final production in InDesign; the final Word version submitted to EMC Planning Group will be the only input to preparing the draft and final InDesign versions. The draft InDesign version will undergo one round of review by City, with consolidated, internally consistent comments returned to EMC Planning Group.

Deliverables:
 One (1) electronic copy of the draft final specific plan in PDF format for review and comment by City staff; and
 One (1) electronic copy of the final specific plan in PDF format and one (1) copy of the InDesign files.

5.4 Optional Tasks
Health Risk Assessment – Plan Level
As described, the proposed health risk assessment analysis approach is qualitative. An option to quantify health risks through a modeling approach is included as an optional task for $10,500.

Additional Meetings
Representative additional meeting costs are summarized in the following table on a per meeting basis. Assumptions for the level of effort for planning process and public hearings are identified in prior tasks. Cost revisions may be needed if the City’s desired level of effort differs from that assumed for each meeting type.

Public Hearings
The assumed roles and level of effort for EMC Planning Group to support additional public hearings is the same as that described above in the proposed scope of work.

5.0 Scope of Work 5-19 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 Responsible Agency Meetings
Direct meetings with responsible/other agencies are not assumed in the scope of work. Contact with them will be made as part of the process to prepare the EIR. If individual meetings are requested by the City and/or individual agencies, these would be considered out of scope. The per meeting cost includes coordination, preparing an agenda, meeting time, and meeting summary.

Planning Commission/City Council Workshops
As suggested by City staff costs for conducting Planning Commission and/or City Council public workshops for the project are also included. The per meeting cost includes attendance by that the EMC Planning Group project manager; preparing a limited number/type of handouts, preparing and delivering a PowerPoint presentation, and preparing a follow-up summary. It is assumed that City staff would coordinate the meetings with the decisionmaking bodies, disseminate materials, support or make a presentation, and support meeting logistics with one or more staff members.

Community Outreach Meetings
Community outreach meetings are not explicitly identified in the Request for Proposals. However, if such are requested by the City, the per meeting cost below is included as a representative placeholder. The level of effort needed cannot be known at this time. The per meeting cost assumes that two EMC Planning Group staff participate, preparing a limited number/type of supporting materials, conducting the meeting, and preparing a follow-up summary. It is assumed that City staff would secure a venue, prepare and disseminate meeting invitation materials, and support the meeting with one or more staff members.

Optional Per Meeting Costs
Meeting Type Per Meeting Cost
Planning (City Staff) $1,250
Public Hearing $3,800
Responsible/Other Agency $1,250
Planning Commission or City Council Workshops $3,000
Community Outreach $4,500

5.0 Scope of Work 5-20 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 This side intentionally left blank.

6.0 Budget 6-1 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022

6.0 Budget

6.1 Proposed Budget and Budget Variables
Proposed Budget
The project budget is shown at the end of this section. It illustrates costs for each team member on a task-by-task basis. Of course, in collaboration with City staff, we are happy to refine any of the assumptions in this proposal regarding scope tasks, and associated levels of effort.

The budget includes a separate contingency as recommended in the Request for Proposals. A 10 percent contingency is proposed to provide maximum flexibility for addressing unforeseen budget augmentation needs in a time and process efficient manner.

Costs for optional tasks described in Section 5.4 are included.

Budget Variables
 Changes in the project description after the project is initiated are a common, primary cause of budget and schedule overruns. A task to prepare a project description for review and approval of City staff (and the applicant as deemed appropriate by the Community Development Director) is included. Once the project description is finalized, any changes to it may result in the need for a contract amendment;
 The Request for Proposals did not include a preliminary project description. The specific plan will contain the content needed to prepare a complete, detailed projection description.

In the absence of a project description, the tasks included in this scope of work are considered to be preliminary. Scope tasks and costs could change depending on information contained in the specific plan and/or on the type/adequacy of additional information that may be provided by the applicant;
 The precise number of hours to complete several of the tasks cannot be determined at present, as they may be “on-going” and/or not within the control of EMC Planning Group.

The project budget is based on the level of effort for each task included therein. If the level of effort needed to complete individual tasks is foreseeably likely to exceed the budgeted amount, City staff will be notified and consulted about appropriate next steps;

6.0 Budget 6-2 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022  The budget is based in part on the assumptions included in the scope of work. If actions are needed that are not consistent with the noted assumptions, City staff will be notified and consulted about appropriate next steps; and
 It is assumed that the City’s project consideration process and approval process will be completed in the timeframe shown in the project schedule in Section 8.0. If that timeframe is exceeded, a contract amendment may be required.

6.2 Sample Billing Invoice
A sample billing invoice is included in Appendix E.

Task
Staff Senior
Principal Principal Associate Planner
Reg. Prof.

Archaeologist
Principal
Biologist
Senior
Biologist
Desktop
Publisher Graphics Production Manager
Admin./
Production
Billing Rate (Per Hour) $250.00 $225.00 $150.00 $125.00 $190.00 $155.00 $150.00 $95.00 $125.00 $115.00 Project Management
Project Management 16.0 12.0 6.0 0.0 0.0 0.0 0.0 0.0 0.0 10.0 44.0 $8,750.00 Kick-Off Meeting 8.0 4.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 14.0 $3,130.00 Site Visit 3.0 3.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 6.0 $1,425.00 Subtotal $13,305.00
CEQA Compliance
NOP (draft and final), Noticing and Distribution 2.0 6.0 16.0 0.0 0.0 0.0 0.0 0.0 4.0 6.0 34.0 $5,440.00 Scoping Meeting 0.0 8.0 10.0 0.0 0.0 0.0 0.0 4.0 0.0 3.0 25.0 $4,025.00 Admin Draft EIR 126.0 117.0 368.0 16.0 8.0 46.0 0.0 52.0 7.0 0.0 740.0 $129,490.00 Screencheck Draft EIR 12.0 32.0 56.0 4.0 2.0 6.0 0.0 10.0 4.0 0.0 126.0 $21,860.00 Draft EIR 6.0 12.0 24.0 0.0 0.0 0.0 0.0 0.0 4.0 0.0 46.0 $8,300.00 Draft EIR Noticing and Distribution 0.0 4.0 8.0 0.0 0.0 0.0 0.0 0.0 0.0 6.0 18.0 $2,790.00 Administrative Final EIR 6.0 32.0 42.0 0.0 2.0 0.0 0.0 6.0 4.0 0.0 92.0 $16,450.00 Final EIR and Mitigation Monitoring Program 2.0 10.0 20.0 0.0 0.0 0.0 0.0 2.0 0.0 3.0 37.0 $6,285.00 Coordination with Applicable Agenies 2.0 6.0 6.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 14.0 $2,750.00 CEQA Findings/SOC 2.0 6.0 32.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 40.0 $6,650.00 Subtotal $204,040.00
Technical Planning Support
Management and Communications 30.0 16.0 10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 56.0 $12,600.00 City Staff/Applicant Meetings (4) 12.0 6.0 0.0 0.0 0.0 0.0 0.0 12.0 0.0 4.0 34.0 $5,950.00 Teleconferences (20) 24.0 16.0 6.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 46.0 $10,500.00 Project Application Review/Specific Plan Review 14.0 8.0 40.0 0.0 0.0 0.0 0.0 0.0 0.0 4.0 66.0 $11,760.00 PC Project Consideration Package (draft/final) 30.0 4.0 32.0 0.0 0.0 0.0 0.0 8.0 0.0 4.0 78.0 $14,420.00 CC Project Consideration Package (draft/final) 12.0 2.0 24.0 0.0 0.0 0.0 0.0 2.0 0.0 4.0 44.0 $7,700.00 Planning Commission Public Hearing 8.0 4.0 1.0 0.0 0.0 0.0 0.0 6.0 0.0 1.0 20.0 $3,735.00 City Council Public Hearing 8.0 4.0 1.0 0.0 0.0 0.0 0.0 6.0 0.0 1.0 20.0 $3,735.00 Administrative Draft LAFCO Application 8.0 24.0 36.0 0.0 0.0 0.0 0.0 16.0 4.0 2.0 90.0 $15,050.00 Draft LAFCO Application 4.0 10.0 16.0 0.0 0.0 0.0 0.0 4.0 0.0 0.0 34.0 $6,030.00 LAFCO Appliication Monitoring 6.0 0.0 10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 16.0 $3,000.00 LAFCO Public Hearing (1) 6.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 6.0 $1,500.00 Graphics and Final Specific Plan Production 8.0 0.0 4.0 0.0 0.0 0.0 32.0 8.0 0.0 0.0 52.0 $8,160.00 Subtotal $104,140.00
Subtotal (Hours) 355 346 768 20 12 52 32 136 27 50 Total Hours Total Cost Subtotal (Cost) $88,750.00 $77,850.00 $115,200.00 $2,500.00 $2,280.00 $8,060.00 $4,800.00 $12,920.00 $3,375.00 $5,750.00 1,798 $321,485.00 Additional Costs
Production Costs
Travel Costs
Postal/Deliverables
Miscellaneous
Administrative Overhead 10%
Total
Kimley-Horn (Transportation)
WJV Acoustics (Noise Analysis)
EPS (Fiscal Analysis)
Illingworth & Rodkin (Health Risk Assesment)
Subconsultant Overhead 10%
Total
Subtotal All Costs
10% Contingency

TOTAL COST

OPTIONAL TASKS
NOTE: This proposed budget is valid for 90 days
$44,193.50
$486,128.50
Ferrasci Business Center Planning and CEQA Services Budget EMC Planning Group Inc.

Subconsultant Fees
Total
Hours Total Cost
$72,000.00
$6,850.00
$441,935.00
$4,900.00
$10,625.00
$116,875.00
$22,500.00
$750.00
$3,575.00
$325.00
$2,000.00
$450.00
$50.00
Additional Planning Commission or City Council Hearing ($3,800/per hearing) Additional City Staff/Applicant Meeting ($1,250/per meeting) Responsible Agency Meeting ($1,250/per meeting)
Planning Commission or City Council Workshop ($3,000/per workshop) Community Outreach Meeting ($4,500/per meeting)
Modeled Health Risk Assessment ($10,500)

6.0 Budget 6-4 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 This side intentionally left blank.

7.0 Schedule 7-1 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022

7.0 Schedule
A draft schedule is shown below. It is based on the scope of work provided herein. The schedule can be refined as needed in consultation with City staff.

The scheduled is informed by EMC Planning Group’s long experience working on entitlement and CEQA projects. It reflects a reasonable, yet proactive goal for delivering the project. Many of the schedule tasks are not within the complete control of the EMC Planning Group team and/or City staff. The applicant’s responsiveness and ability to perform are important variables in meeting the schedule. As previously described, developing a stable project description early in the process is also fundamental, as changes to the description after substantive work has been conducted is a common source of time delay.

The schedule and in-process tasks will be reviewed weekly by the EMC Planning Group team. We will work as diligently as possible to meet the schedule, but notify the City as early as possible if and when any element of the schedule may not be met.

7.0 Schedule 7-2 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 This side intentionally left blank.

Activity Name Start Date Finish Date
Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr 2022 2023 2024
Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr Notice to Proceed 6/20/22 6/20/22Kick-Off Meeting 7/6/22 7/6/22Draft Specific Plan Review 7/6/22 7/29/221st Appl. Complete Review 7/6/22 7/29/22Draft Project Description 7/25/22 8/12/22City Staff Review 8/15/22 9/2/22Final Draft Project Description 9/5/22 9/12/22Initiate Subconsultants 9/12/22 9/12/22Draft NOP/Notices 9/12/22 9/23/22City Staff Review 9/26/22 10/7/22Final NOP/Notices 10/10/22 10/17/22NOP 30-Day Review 10/19/22 11/22/22Final Draft Specfic Plan 9/26/22 9/26/222nd Appl. Complete Review 9/26/22 10/10/22Admin Draft EIR 10/17/22 1/27/23City Staff Review 1/30/23 2/24/23Screencheck Draft EIR/Noticing 2/27/23 3/24/23City Staff Review 3/27/23 4/10/23Public Draft EIR 4/10/23 4/28/23Draft EIR 45-Day Review 5/1/23 6/14/23Applicant LAFCO App Inputs 3/6/23 4/10/23Admin Draft LAFCO Application 4/24/23 6/5/23City Staff Review 6/5/23 6/26/23Administrative Final EIR/MMRP 6/12/23 7/3/23City Staff Review 7/3/23 7/24/23Draft PC Consideration Pkg 6/19/23 7/28/23City Staff Review 7/31/23 8/18/23Final Draft LAFCO Application 6/26/23 8/4/23Final EIR/MMRP 7/24/23 8/7/23City Staff Review 8/7/23 8/11/23Final EIR to Commenters 8/23/23 8/23/23Final PC Consideration Pkg 8/21/23 9/8/23PC Public Hearing 9/20/23 9/20/23Draft CC Consideration Pkg 9/4/23 10/2/23City Staff Review 10/2/23 10/16/23Final CC Consideration Pkg 10/16/23 10/30/23City Council Public Hearing 11/21/23 11/21/23LAFCO Consideration/Hearing 12/4/23 4/22/24 123456789
10 11
121314151617181920212223242526272829303132333435363738
Ferrasci Business Center Planning and CEQA Services

7.0 Schedule 7-4 EMC Planning Group
Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 This side intentionally left blank.

8.0 General Contract Requirements 8-1 EMC Planning Group Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022

8.0 General Contract Requirements
Proof of Insurability
EMC Planning Group’s certificate of insurance consistent with City requirements is included in Appendix F.

Concurrence with Contract Provisions
EMC Planning Group concurs with the provisions of the contract attached to the Request for Proposals.

8.0 General Contract Requirements 8-2 EMC Planning Group Ferrasci Business Center Planning and CEQA Services Proposal May 9, 2022 This side intentionally left blank.

EMC Planning Group Resumes
and Representative Projects
A

APPENDIX

STAFF RESUME | EMC Planning Group
Ron Sissem, MRP

SENIOR PRINCIPAL

PROFESSIONAL EXPERIENCE
Mr. Sissem worked for EMC Planning Group for three years writing environmental impact reports in the 1980s before taking on international assignments with USAID and the World Bank. His international experience includes national resource and protected area management in Mongolia, environmental auditing/impact evaluation to address business development lending risks in Bosnia and Herzegovina, clean technology deployment in India to reduce greenhouse gas emissions, and environmental compliance for USAID-funded economic development projects.

In 2002, Mr. Sissem returned to EMC Planning Group and has been a principal since 2016. His primary responsibilities are to manage large land planning and environmental review projects. He assists public agencies with California Environmental Quality Act (CEQA) compliance for diverse, complex projects; manages preparation of specific plans and general plans; and manages planning and entitlement processes for private clients.

Mr. Sissem is the firm’s climate change/greenhouse gas emissions specialist. He manages climate change impact analyses for CEQA documents, consults local agencies on integrating climate planning strategies/policy/emission reduction measures into advanced planning documents (e.g. general plans and specific plans), and consults developers on climate change mitigation project design.

EDUCATION
M.R.P. University of North Carolina at Chapel
Hill, Urban and Regional Planning, 1995
B.S. University of California at Santa Barbara,
Geography, 1982
B.A. University of California at Santa Barbara,
Environmental Studies, 1982

PROFESSIONAL ACHIEVEMENTS
 Awards, City of Salinas Economic
Development Element, 2014
 Outstanding Planning DocumentAssociation of Environmental Professional (2016)
 Economic Planning and Development
Award of Excellence-American Planning
Association, California Chapter,
Northern Section (2015)
 Economic Planning and Development
Award of Merit-American Planning
Association California Chapter (2015)
 Presenter, Advanced CEQA Workshop,
Association of Environmental Professionals
(2009, 2010, 2013)
 Authored “A Guide to Maximizing Profits and
Business Stability through Environmental
Management,” produced by the World Bank
 Federation of Bosnia, Ministry of
Environment Achievement Award for
advancement of environmental management
in Bosnia
STAFF RESUME | EMC Planning Group
Teri Wissler Adam

VICE PRESIDENT/SENIOR PRINCIPAL

PROFESSIONAL EXPERIENCE
Ms. Wissler Adam joined the firm in 1991 and has been a principal since 2001. Her area of expertise is in California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance.

Ms. Wissler Adam directs the CEQA and NEPA compliance projects for the firm. She has been responsible for a large variety of private projects, including residential, commercial, industrial, mixed-use, and large specific plan and general plan projects. She has also managed several projects for public facilities, such as recycled water projects, roadway projects, bikeway projects, bridge projects, elementary schools, high schools, and college campuses, and other public facilities, such as health clinics, landfills, child development centers, and federal research facilities. She has represented public clients throughout Monterey County, San Benito County, Santa Clara County, Merced County, San Luis Obispo County, San Mateo County, Santa Cruz County, and as far south as Los Angeles County.

EDUCATION
B.S. California Polytechnic State University
at San Luis Obispo, Business
Administration, Concentration in
Environmental Management, 1991

PROFESSIONAL ACHIEVEMENTS
 Presenter, CEQA Seminar, Lorman
Education Services
 Presenter, CEQA Workshop, Association
of Environmental Professionals
 Member, Association of Environmental
Professionals
 Contributor, Environmental Mitigation
Handbook, California’s Coalition for
Adequate School Housing, February 2009
 Past Director/President/Newsletter Editor,
Monterey Bay Area Chapter, Association
of Environmental Professionals

PROFESSIONAL ASSOCIATION
 Member, Association of Environmental
Professionals
STAFF RESUME | EMC Planning Group
Sally Rideout, EMPA

PRINCIPAL

PROFESSIONAL EXPERIENCE
Ms. Rideout joined EMC Planning Group in October 2006, and has been working in the planning field since 1996. Her professional experience includes project management in the municipal and private sectors, and non-profit organizations.

She is a past President and former Director of the Monterey Bay-Silicon Valley Chapter of the Association of Environmental Professionals. Prior to joining the company, she was a planner for the City of Pacific Grove, California.

With 24 years of municipal and private sector planning and project management experience, Ms. Rideout has successfully coordinated CEQA and NEPA review and documentation for a variety of projects and programs. She is experienced in providing senior staff support to public agency commissions, boards and committees, including architectural design review and historic resource committees. Ms. Rideout prepares and manages CEQA and NEPA documentation and provides current- and long-range planning assistance for large and small planning projects including general plans, specific plans, public facility and infrastructure projects, subdivisions, public works management plans and programs, site acquisition, private development, and alterations to significant historic resources. She provides ongoing municipal planning assistance, and representation at public meetings. She prepares, reviews and presents staff reports, findings and conditions of approval, prepares and manages agendas and meeting minutes, and is experienced in providing administrative oversight and management duties at all levels of public administration.

As a senior-level project manager, Ms. Rideout prepares and oversees budgets, schedules, and document preparation, and manages work-flow, subconsultants, and team assignments. Her areas of expertise include land use, visual impact assessment, air quality and greenhouse gas modeling and emissions assessments using CalEEMod, RoadMod, and EMFAC. She has prepared NEPA documentation for projects funded by the US Department of Veterans Affairs, the US Department of Housing and Urban Development, the US Department of Agriculture, the US Department of Fish and Wildlife Service, and the Federal Highway Administration (Caltrans). Ms. Rideout represents, or has represented, many of the firm’s public sector clients including the City of Gilroy, City of Carmel-by-the-Sea, City of Pacific Grove, City of East Palo Alto, City of Soledad, City of Hollister, City of Los Banos, City of Patterson, City of King City, County of Monterey Public Works Department, Soledad Unified School District, and other agencies in Monterey County, San Benito County, Santa Cruz County, Santa Clara County, Merced County, and San Mateo County, and the City and County of San Francisco.

EDUCATION
E.M.P.A. Golden Gate University
at Monterey, Executive
Master of Public
Administration, 2012
B.S. San Jose State University,
Environmental Studies -
Economics Emphasis, 1996

PROFESSIONAL

ASSOCIATIONS
 Past President, Monterey BaySilicon Valley Chapter,
Association of Environmental
Professionals
(Past Chapter Director:
2012-2013, Past Secretary:
2010-2012; 2016-2017).

STAFF RESUME | EMC Planning Group
Stuart Poulter, AICP, MCRP

ASSOCIATE PLANNER

PROFESSIONAL EXPERIENCE
Mr. Poulter joined the firm in 2015. His responsibilities include preparation of initial studies and environmental impact reports in compliance with the California Environmental Quality Act (CEQA), with a primary interest and project experience in addressing impacts to historical (built) resources.

Mr. Poulter also has demonstrated experience across a range of project types including recreation facilities, school sites, residential subdivisions, transportation facilities, coastal
development/infrastructure, and commercial/ tourism development.

In addition, Mr. Poulter provides staff support services to various municipal planning departments, where he processes permit applications including: general plan, specific plan, and zoning amendments; tentative maps; urban service area amendments; conditional use/coastal development permits; staff level historic evaluations; and architectural and site reviews. Processing development applications includes plan review and comments to the applicant, preparation of staff reports, findings, and resolutions, and presentations at public hearing. Additionally, he provides private clients with permit processing and entitlement assistance, constraints analysis, land use assessments, and feasibility analyses.

Prior to joining the firm and while completing his graduate degree in City and Regional Planning at Cal Poly‐San Luis Obispo, Mr. Poulter worked as an environmental planning intern/technician in the private sector where he was responsible for the preparation of environmental documents in compliance with CEQA/NEPA and the preparation of permit application packages for various coastal and inland projects.

EDUCATION
M.C.R.P. California Polytechnic State
University-San Luis Obispo,
City and Regional Planning Program,
Environmental Planning
Concentration, 2015
B.A. Santa Clara University, History, 2008

PROFESSIONAL CERTIFICATION
AICP – American Institute of Certified Planners,
2018-Present

PROFESSIONAL ASSOCIATIONS
 Secretary, Monterey Bay-Silicon Valley
Chapter Board of Directors, Association of
Environmental Professionals, 2017-2019
 Member, Association of Environmental
Professionals, 2014-Present
 Member, American Planning Association,
California Chapter, 2014-Present

PROFESSIONAL DEVELOPMENT

COURSES
 Cultural Resource Management: CEQA,
NEPA and Section 106, UC Davis
Continuing and Professional Education,
January 2022
 Mastering CEQA Compliance and
Mitigation for Historic Resources, California
Preservation Foundation, September 2020
 Advanced Topics in CEQA and Section
106, California Preservation Foundation,
November 2019

PUBLICATIONS
 Master’s Capstone Project: Recreational
Trail Signage Plan and Draft Trail Map for
California Polytechnic State University, San
Luis Obispo. June 2015. California
Polytechnic State University, San Luis
Obispo.

STAFF RESUME | EMC Planning Group
Shoshana Lutz

ASSOCIATE PLANNER

PROFESSIONAL EXPERIENCE
Ms. Lutz joined the firm in 2017. Her responsibilities include writing initial studies and environmental impact reports in compliance with the California Environmental Quality Act (CEQA), providing contract staff support to governmental agencies, assisting with public outreach programs, and providing private clients with permit processing and entitlement assistance, constraints analysis, land use assessments, and feasibility analyses.

Prior to joining EMC Planning Group, Ms. Lutz worked for the City of Carmel-by-the-Sea in the Community Planning and Building Department. Her responsibilities included assisting with preliminary plan check review for building and planning applications, conducting preliminary site assessments on residential properties, and conducting preliminary design reviews in residential and commercial areas. Ms. Lutz’s experience also includes completing an internship with BuildingWise, LLC, a private consulting firm that assists organizations with commercial structures’ LEED certification.

EDUCATION
B.S. California State University Monterey Bay,
Environmental Science Technology and
Policy, Emphasis in Ecology and Natural
Resources, 2014

TRAINING
 ESRI ArcGIS Map Making and Spatial
Analysis Course

PROFESSIONAL ASSOCIATION
 Member, Association of Environmental
Professionals
STAFF RESUME | EMC Planning Group
Rachel Hawkins, ESQ.

ASSOCIATE PLANNER

PROFESSIONAL EXPERIENCE
Ms. Hawkins joined the firm in 2015. Her responsibilities include the research, preparation, and production of environmental documents, in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA), and assisting with permit processing and various other planning projects.

Prior to joining EMC Planning Group, Ms. Hawkins completed a legal fellowship with the Institute for Fisheries Resources where she worked to ensure various agencies’ projects were in compliance with administrative regulations and environmental policies, including CEQA and NEPA. She drafted comments highlighting the
deficiencies of environmental documents or composed comments encouraging federal agencies to complete additional environmental review where there was an improper Finding of No Significant Impact. Other responsibilities included conducting extensive legal research on environmental issues and drafting weekly briefs simplifying complex environmental law issues to be sent out to the organization’s members.

EDUCATION
J.D. Golden Gate University School of Law at
San Francisco, 2013
B.A. California State University at Chico,
Political Science, 2009

PROFESSIONAL ACHIEVEMENTS
 Initiative Author, Initiative Measure to
Allow For a Recreational Vehicle Park and
other Recreational Oriented Uses in the
Vicinity of the Fort Ord National
Monument, Laguna Seca Raceway and
Recreation Area, and the Monterey
Peninsula and Monterey Bay Region.
 Author, EPA Shoots Down Lead Shot
Regulations: Lead Ammo’s Unreasonable
Risk to Human Health and the
Environment and the Special Situation of
the California Condor, 5 Golden Gate U.

Envtl. L.J. 533 (2012)

PROFESSIONAL ASSOCIATION
 Member, California State Bar: License #
297071
 Member, Association of Environmental
Professionals
STAFF RESUME | EMC Planning Group
Janet Walther, MS

PRINCIPAL BIOLOGIST

PROFESSIONAL EXPERIENCE
Ms. Walther joined the firm in 2003 and has been working in the field of biology since 2000. She is responsible for performing botanical and wildlife surveys; wetland and waters of the U.S. determinations; data analysis; and reports in support of management agreements, permits, and mitigation monitoring. She assists clients in complying with the Federal Endangered Species Act, California Endangered Species Act, Sections 401 and 404 of the Clean Water Act, California Fish and Game Code, and local (county and/or city) regulations.

Ms. Walther works with clients to design projects to avoid or minimize impacts to threatened and endangered species. Where impacts are unavoidable, she helps create mitigation strategies and the application documents necessary to obtain the required permits, including habitat conservation and land management plans.

In addition to her experience in biological survey and reporting, Ms.

Walther is responsible for preparation of environmental documents in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). She produces a variety of graphics for use in environmental and natural resources documents and routinely works with ArcGIS, AutoCAD, and Adobe Illustrator/Photoshop.

In previous positions, Ms. Walther inventoried both native and nonnative species in compliance with regulatory requirements, and assisted in preparing California Energy Commission Applications for Certification for four major power plant projects in California. She also conducted biological survey work in southern California and the High Desert and wetland and endangered species survey work in Nevada, Arizona, Georgia, and Florida.

EDUCATION
M.S. California State University Monterey Bay,
Coastal Watershed Science and Policy,
2014
B.S. California Polytechnic State University at
San Luis Obispo, Ecology and Systematic
Biology, 2000 - Concentration:

Environmental Management

CERTIFICATES AND TRAINING
Biology and Management of California Tiger
Salamander Workshop, Elkhorn Slough
Coastal Training Program, 2007
Biology and Management of California Redlegged Frog Workshop, Elkhorn Slough Coastal Training Program, 2007
OSHA 40-hr HAZWOPER Certificate, 2001
and 8-hr Refresher Training, 2002-2007
California Pesticide Application Certification,
2003/2004
Army Corps of Engineers Wetland
Delineation Training, 2002

PROFESSIONAL ACHIEVEMENT
Contributor, Environmental Mitigation
Handbook, California’s Coalition for
Adequate School Housing, February 2009
STAFF RESUME | EMC Planning Group
Patrick Furtado, MS

SENIOR BIOLOGIST / REGULATORY

SPECIALIST

EDUCATION
M.S. San Francisco State University; Conservation Biology, 2012 B.S. University of California, Berkeley; Forestry and Natural Resource Management, 2007

CERTIFICATES AND TRAINING
Society of Wetland Scientists – Certified as Professional Wetland Scientist, PWS #3041, 2018
Morphology and Identification of Flowering Plants Workshop, Jepson Herbarium, 2006
Rare Plants of Eastern San Luis Obispo County Workshop, California Native Plant Society, 2010
Basic Wetland Delineation, San Francisco State University, Romberg Tiburon Center’s Wetland Science Series, 2010
Classification of Vernal Pool Plant Communities Workshop, California Native Plant Society, 2010
Plant Taxonomy Training, California Native Plant Society, 2010 Phylogeny, Taxonomy, and Name Changes in the California Flora Workshop, Jepson Herbarium, 2011
Measuring and Monitoring Plant Populations and Vegetation, California Native Plant Society, 2012
Wetland Hydrology Workshop, San Francisco State University, Romberg Tiburon Center’s Wetland Science Series, 2012
Grassland Ecology, Identification, and Monitoring Workshop, California Native Grasslands Association, 2012
California Natural Diversity Database Training, California Department of Fish and Wildlife, 2013
Wetland Indicator Plants Workshop, San Francisco State University, Romberg Tiburon Center’s Wetland Science Series, 2013
Amphibians of the San Francisco Bay Area Workshop, Laguna de Santa Rosa Foundation, 2014
Tidal Wetland Restoration and the Horizontal Levee Workshop, San Francisco Bay, National Estuarine Research Reserve, 2014 California Tiger Salamander Ecology Workshop, Laguna de Santa Rosa Foundation, 2015
Rare Pond Species Survey Techniques Workshop, Laguna de Santa Rosa Foundation, 2015
Field Practices: Hands-On Restoration Implementation and Maintenance, California Native Grasslands Association, 2015

PROFESSIONAL AND ACADEMIC ASSOCIATIONS
The Wildlife Society – Western Section
California Native Plant Society

PROFESSIONAL EXPERIENCE
Mr. Furtado joined the firm in 2020 and has been
working in the fields of biology and regulatory
compliance since 2008. He has extensive experience
conducting field surveys in central California, in
particular with special‐status species such as burrowing owl, northern spotted owl, western snowy plover, bank
swallow, Swainsonʹs hawk, Ridgway’s rail, coho salmon,
mission blue butterfly, vernal pool branchiopods, giant garter snake, San Francisco garter snake, San Francisco dusky‐footed woodrat, salt marsh harvest mouse, San
Joaquin kit fox, and Tidestrom’s lupine.

He has been approved by the U.S. Fish and Wildlife
Service as a qualified biologist for several projects
involving California red‐legged frog and California tiger salamander. He conducts nesting bird surveys, focused
botanical inventories, and large‐scale vegetation
mapping. He is a plant and wildlife biologist with
experience across a wide diversity of California habitats.

He helped design, implement, and monitor a variety of
wetland and riparian restoration projects. He has also
conducted regulatory agency coordination for wetland
issues with the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, Regional Water Quality Control Board, and California Coastal Commission.

Mr. Furtado specializes in biological fieldwork, resource management, regulatory permitting, planning, and
preparation of technical reports. His expertise extends across a wide range of California ecosystems including
fresh and salt water marsh, riparian woodland, vernal
pool, grassland, chaparral, oak woodland, coastal scrub, and coniferous forest. He integrates multiple disciplines including wildlife surveys, remote sensing and GIS
analysis, riparian and wetland hydrology, plant
systematics and taxonomy, vegetation mapping and
classification, fluvial geomorphology, habitat assessment, soil classification, wetland delineation, historical ecology, and invasive species management.

STAFF RESUME | EMC Planning Group
Kaitlin Ruppert, MS, RPA

REGISTERED PROFESSIONAL

ARCHAEOLOGIST

EDUCATION
M.S. University of Durham, United Kingdom;
Palaeopathology, 2018
B.A. California State University,
Sacramento;
Anthropology, 2011

REGISTRATIONS
 The Register of Professional
Archaeologists (RPA)

MEMBERSHIP
 Society for American Archaeology
 British Association for Biological
Anthropology and Osteoarchaeology

CERTIFICATES AND TRAINING
Curating Human Remains in Museums
Human Remains Subject Specialist
Network, Manchester Museum,
Manchester, England, 2017,
The University of Sheffield Human Osteology
Field School, The University of Sheffield,
Sheffield, England, June 2011
Laboratory Methods in the Identification of
Human Skeletal Remains, Mercyhurst
College, Erie, Pennsylvania, 2010

PROFESSIONAL AND ACADEMIC

ASSOCIATIONS
 IRLAB Moudle # 2 Theory and Ethical
Practice of Bioarchaeology- Ohio, October
2018.
 Digging Anthropology in the Sanisera
Necropolis- Spain, August-September 2018
 San Bernardino County Museum,
2014-2015
 Peace Corps – Republic of Georgia,
Village Shroma, 2012-2014
 Montpelier Archaeological Expedition –
Virginia, April-May, 2015
 Sheffield Manor Lodge Field School –
England, July 2011

PROFESSIONAL EXPERIENCE
Ms. Ruppert joined the firm in 2021 and has been
working in the field of archaeology since 2015. She is
responsible for conducting archaeological surveys,
conducting database inquiries and Sacred Lands records
searches, Native American consultation, archaeological
testing, recommendations for listing through the
California Register of Historical Resources and the
National Register of Historic Places, and report
preparation. She also prepares cultural resources sections of environmental documentation in compliance with the
California Environmental Quality Act and the National
Environmental Policy Act.

Her experience includes conducting numerous intensivelevel archaeological surveys, conducting construction monitoring, preparing field reports, constructing test
pits, screening and excavating artifacts, and data entry for artifacts. In addition, Ms. Ruppert has had the honor and privilege of working with human skeletal remains.

Having experience not only in an academic setting but
also in the field. When recording human skeletal remains Ms. Ruppert follows the “Standards for Data Collection
from Human Skeletal Remains” Volume Editors: Jane E.

Buikstra and Douglas H. Ubelaker 1994 and “Guidelines
to the Standards for Recording Human Remains IFA
Paper No. 7” editors Megan Brickley and Jacqueline I.

McKinley. One instance of identifying cremated human
skeletal remains in the field lead to the protection of the site and the reburial of the individual lead by local
Native American tribes.

STAFF RESUME | EMC Planning Group
Matthew Papurello

GIS/GRAPHICS TECHNICIAN

PROFESSIONAL EXPERIENCE
Mr. Papurello joined the firm in 2021. His responsibilities include creating and editing shapefiles, as well as, maintaining an up to date database of these shapefiles to be used in ESRI ArcGIS for the spatial analysis of ongoing and future projects. He is also experienced in Adobe Suites for graphical illustration and preparation. Mr.

Papurello is also responsible for assisting with project research and various other planning projects.

Prior to joining the firm, while completing his coursework at CSU Monterey Bay, Mr. Papurello worked on a team of 4 students which completed a Before‐After Contol‐Impact (BACI) study on the Carmel River. The purpose of the study was to monitor the effect of dam removal on salmonid spawning habitat. Mr. Papurello’s primary duties on this project were to provide graphics produced on ArcMap for spatial analysis, as well as, field data collection.

EDUCATION
B.A. California State University Monterey Bay,
Environmental Science Technology and
Policy, 2020

TRAINING
 ESRI ArcGIS Map Making and
Spatial Analysis Course
 Was on a team which performed a
Before-After Contol-Impact (BACI) study
on Carmel River post San Clemente Dam
removal project
1 EMC Planning Group Representative Projects
Salinas Economic Development Element and Program EIR
EMC Planning Group, in coordination with Salinas Planning and Research Corporation and the City of Salinas, prepared an economic development element for integration into the City’s general plan, and prepared a program EIR to assess the impacts of implementing the element.

EMC Planning Group led a team of interdisciplinary consultants including economic development, public outreach, and urban design specialists. The primary components of the process included economic development visioning, an extensive public outreach effort, analysis of existing and future development market conditions, evaluation of opportunities and constraints (planning, policy, natural resources, environmental), preparation of an economic development vision map, and preparation of the economic development element. The economic development vision focused on safety, jobs, and health. The economic development strategy will guide the City’s future economic development efforts and land use decisions, with the end goal of promoting business retention and creation, generating employment opportunities, facilitating workforce development, and enhancing quality of life for the City’s residents.

The economic development element also sets forth Salinas’ economic development strategy. The strategy addresses land use, circulation and infrastructure; retail, entertainment, and tourism; job opportunities; workforce development; neighborhood and commercial areas; and quality of life. The land use strategy includes development of six "target areas", five of which are outside the city's existing sphere of influence. The purpose of the additional land supply is to provide capacity for job generation needed to meet employment needs at buildout of the general plan, which is projected to be about 2063.

The program EIR addressed the impacts of developing the target areas with a mix of retail, business park, and industrial uses. The primary potential environmental impacts Major environmental issues included traffic and circulation, conversion of Important Farmland, water supply adequacy, air quality, greenhouse gases, noise, land use (consistency with the 2002 Salinas General Plan), growthinducing impacts, and alternatives.

Client: City of Salinas
Doug Yount, Project Director (Now with Shea Homes)
(831) 384-1018
[email protected]
Period of Work: 2015-2018
2 Salinas Economic Development Element – Analysis Report The City retained EMC Planning Group to evaluate the general plan amendment and CEQA requirements to adopt the Salinas Economic Development Element (EDE) as part of the general plan. EMC Planning Group prepared a comprehensive report that addressed the following main topics: integrating the EDE into the general plan as a general plan amendment, general plan amendment and CEQA considerations for adopting individual EDE policies and actions (separate from the EDE as a whole), pros and cons of adopting the EDE as part of a comprehensive general plan update (versus as an individual general plan amendment), and analysis of development capacity that would be made possible with adoption of the EDE. EMC Planning Group also provided land use recommendations for individual EDE opportunity areas, and prepared refined opportunity area boundary maps and opportunity area acreage calculations using GIS.

Client: City of Salinas
Doug Yount, Project Director (Now with Shea Homes)
(831) 384-1018
[email protected]
Period of Work: 2014-2015
Salinas Travel Center Specific Plan and Annexation EIR and Staff Planning Services
EMC Planning Group was retained by the City of Salinas to conduct the CEQA process, provide municipal planning support services, and prepare and manage LAFCO documentation for the proposed project. The project included an annexation, prezoning, specific plan, general plan amendment, parcel map and site plan review approvals. The project site is approximately 62 acres.

EMC Planning Group prepared a combination program/project EIR. Two specific projects were proposed on two of four parcels created by the parcel map. Two additional parcels had no specific planned development; potential impacts of their development were evaluated based on the General Plan land use. Key environmental issues included conversion of important farmland, traffic and circulation, greenhouse gases, water supply, wetland permitting, and noise. EMC Planning Group also assisted the city by providing comments on the applicant's specific plan. EMC Planning Group biologists also prepared documentation needed to obtain U.S. Army Corps of Engineers Nationwide Permits and a Central Coast Regional Water Quality Control Board Section 401 Permit for development of the travel center site.

Client: City of Salinas
Jill Miller, Project Manager
(831) 758-7206
[email protected]
Period of Work: 2015-2018
3 Salinas Agricultural Industrial Business Park (Uni-Kool) Specific Plan and Annexation EIR & Staff Support
EMC Planning Group prepared an EIR and provided staff planning support to the City of Salinas to facilitate the development design and documentation needed to approve a 257-acre agricultural industrial park project. EMC Planning Group fostered collaboration and problem-solving between the applicant’s consulting team that prepared a specific plan for the project, City staff, responsible agencies including Monterey County LAFCO, and the City’s consultant team. The proposed project required approvals that included a specific plan, general plan amendment, sphere of influence amendment, prezoning, annexation to the City of Salinas, and service district detachments.

Conversion of Prime Farmland, traffic and circulation, and water supply sufficiency were the key environmental issues. EMC Planning Group helped broker a solution to farmland preservation that resulted in the applicant placing deed restrictions to limit urban growth beyond the boundary of the project site. EMC Planning Group also prepared the project consideration package (staff report, resolutions and ordinances, CEQA findings, project findings, etc.) and LAFCO application package needed for consideration by the City Council and LAFCO.

Client: City of Salinas
Chris Callihan, City Attorney
(831) 758-7258
[email protected]
Period of Work: 2014-2015Period of Work: 2008-2010
Miramonte Subdivision Staff Support & Environmental Review Services EMC Planning Group provided planning staff assistance to the City of Soledad to process applications for a proposed Prezone, General Plan Amendment, Specific Plan, Vesting Tentative Map for a 2,767–unit residential subdivision on 633.8 acres adjacent to the eastern city limit.

LAFCO applications for a Sphere of Influence amendment and annexation request were also prepared. Specific planning staff assistance tasks include application completeness review, environmental review and preparation of the appropriate CEQA document, liaison between City department staff and applicant, respond to project-related questions from various city departments, outside agencies and the public, project evaluation and general plan and zoning consistency review, preparation of agenda reports, recommendations, findings and conditions of approval, preparation of the LAFCO applications, and staff representation before the City’s Planning Commission and City Council, and LAFCO of Monterey County.

Client: City of Soledad
Brent Slama, City Manager
(831) 223-5014
4 [email protected]
Period of Work: 2016-Ongoing
Vista Lucia Project and Puente del Monte Project Specific Plans and Annexations EIRs
EMC Planning Group Vista Lucia is preparing an EIR for each of these major specific plan and annexation projects in Gonzales. The Vista Lucia project a proposed master-planned community located on approximately 768 acres within the Gonzales Sphere of Influence. The project includes over 3,400 dwelling units, neighborhood commercial uses, a school site, community/neighborhood parks and community gardens, bike trails, landscape buffers, and dual use detention and drainage areas. Puente del Monte is a mixed-use project that includes residential, light industrial, and commercial. The proposed residential portion includes over 2,500 dwelling units, a retail commercial site, industrial use site, school sites, and parks and open space.

EMC Planning Group is overseeing a team of technical consultants conducting peer reviews and VMT, noise, historic resources, and water supply analyses. EMC staff is preparing air quality/GHG/energy analysis, biological report peer review, and archaeological report peer review.

Client: City of Gonzales
Mark Hartunian, Assistant City Manager
(831) 675-5000
[email protected]
Period of Work: Ongoing
Ferrari Ranch Master Plan/Annexation EIR and Staff Support EMC Planning Group prepared an EIR for a 360-acre master plan project consisting of regional commercial, medical campus, regional park, and undefined business park uses. General plan amendment, prezoning, annexation, agricultural preserve removal, planned development master plan, and vesting tentative map approvals were required.

EMC Planning Group also assisted City staff by preparing the LAFCO application package, and prepared the project consideration package and presented the project to the Community Development and Resources Commission and City Council. The project consideration package included a staff report, CEQA findings and statement of overriding considerations, and resolutions (EIR certification, amending the general plan, approving prezoning, approving annexation, removing Ferrari Ranch from an agricultural preserve, approving the planned development master plan, approving the vesting tentative map, approving the development agreement, and adopting CEQA findings, a statement of overriding considerations, and a mitigation monitoring and reporting program).
5 Client: City of Atwater
Scott McBride, Development Services Director (Now with City of Merced) (209) 385-6818
[email protected]
Period of Work: 2014-2017
Walnut Avenue Commercial Area Specific Plan and EIR
EMC Planning Group was retained by the City of Greenfield to prepare a specific plan and EIR for a 60-acre site located on U.S. Highway 101. The land use design included a mix of regional retail and residential uses. The City and EMC Planning Group collaborated on a strategy for utilizing the specific plan and EIR to streamline the development process and provide maximum development flexibility, with the objective of lowering barriers to and attracting economic development. The EMC Planning Group team included economic development and commercial real estate experts who provided market input that served as the underpinning of the development types and capacity targets included specific plan. EMC Planning Group also led two public workshops to gather input on community interests regarding the project.

Multiple iterations of site and design layouts were “tested” as part of the specific plan process. The purpose was to ensure that given land demands for parking, infrastructure, alternative transportation facilities, landscaping, public amenities, etc., that the desired development capacity targets could be met. Design guidelines were included that provide flexibility, but ensure a quality of development that meets the City’s goals. Policies were incorporated to serve as mitigation to potential impacts identified in the EIR such that the specific plan is largely self-mitigating. Traffic and circulation were the primary CEQA issues; limited capacity at an existing interchange drove project design and phasing to match anticipated future interchange capacity improvements.

Client: City of Greenfield
Brent Slama, City Manager (Now with the City of Soledad) (831) 223-5014
[email protected]
Period of Work: 2010-2014
North Merced Annexation Feasibility Study
EMC Planning Group led an interdisciplinary team and collaborated with City of Merced staff, Merced County LAFCO staff and Merced County staff to identify issues and alternatives as inputs to crafting a strategy for future annexations within the 7,000-acre North Merced Annexation study area. Key scope of work tasks included: 1) preparing a baseline conditions analysis; 2) conducting meetings with responsible agencies and services providers; 3) implementing a community engagement process with property owners, registered voters, and public agencies; 4) holding a series of stakeholder (landowner/developer) interviews; 5) planning and conducting public and decision 6 maker workshops and preparing related informational materials; 6) facilitating market/valuation/development feasibility technical analyses; 7) evaluating annexation pathway alternatives in consideration of economic/market conditions, infrastructure needs and costing, city and LAFCO policy issues, and outcomes of the community engagement process; and 8) preparing an annexation feasibility report with annexation mechanisms/pathway recommendations; and 9) coordinating and presenting results to the public and decision makers.

Client: City of Merced
Steve Carrigan, City Manager (Now with the City of Salinas) (831) 758-7201
[email protected]
Period of Work: 2018-2021
NewPark Place Specific Plan, CEQA and Staff Planning Services EMC Planning Group was retained by the City as the prime consultant to prepare a specific plan to implement the City’s vision for revitalizing NewPark Mall as the City’s primary economic engine.

ELS Architecture and Urban Design joined the EMC Planning Group team. Main features of the urban design plan include: a new main street adjacent to the existing mall that will function as a retail and entertainment activity hub; a flexible outdoor event space; anchor public spaces; pedestrian, bicycle, and transit access; vehicular circulation design to slow speeds and improve safety for alternative modes; and integration of an existing City park. Capacity for over 1,500 new high-density residential units is included in mixed use buildings. Existing large parking fields were replaced with strategically placed public and private structured parking. The specific plan includes precise policy guidance, development regulations, and design guidelines to steer the design of new individual development projects.

EMC Planning Group also prepared an initial study to meet CEQA requirements for the specific plan. The tiering provisions in CEQA Guidelines section 15183 were used to validate that the proposed project would not have new or more significant impacts than were identified in the City’s general plan EIR.

EMC Planning Group is currently leading a team of architects and technical subconsultants to support the development review process for several individual projects being proposed to implement the specific plan. Tasks include supporting the city with processing entitlement applications and preparing an initial study also under the tiering provisions of CEQA Guidelines section 15183.

Client: City of Newark
Steven Turner, Community Development Director
(510) 578-4208
7 [email protected]
Period of Work: 2017-Ongoing
North Gilroy Neighborhood District Urban Service Area Amendment EIR and Staff Support
EMC Planning Group prepared an EIR for a proposed urban service area amendment on an approximately 721-acre site, located in unincorporated Santa Clara County, but within the City of Gilroy’s 20-year Planning Area and Sphere of Influence. The site would include approximately 451 acres of residential uses, 143 acres of parks and open space, 39 acres of neighborhood commercial uses, 24 acres for an elementary and middle school, and 64 acres of roads and roadway improvements. The project was approved by the City of Gilroy, but not brought forward to LAFCO due to lawsuits against the project, including opposition from LAFCO, and a citizen initiative to place the project site outside Gilroy’s growth boundary.

EMC Planning Group also acted as city staff for this project. EMC Planning Group met with LAFCO staff and other agencies, held weekly meetings with the applicant and other City departments, established and managed the project schedule, and coordinated the various technical consultants, etc. EMC Planning Group represented the project at technical advisory committee meetings, and Planning Commission and City Council hearings.

Client: City of Gilroy
Melissa Durkin, Planner II
(408) 846-0440
[email protected]
Period of Work: 2014-2016

Kimley
-Horn Resumes, Qualifications
and Scope of Work

APPENDIX B

Frederik Venter, P.E.

Project Manager
Frederik has 30 years of experience in the
development of transportation and traffic
engineering studies, including preparation of
traffic studies, traffic impact assessments,
and final design. He has also been
responsible for transportation planning
studies, comprehensive origin/ destination
surveys, parking demand surveys, pedestrian
and bike facility planning, and community mobility studies. Frederik has led the design of road widening projects, intersection improvements, freeway on- and off-ramps, traffic calming measures, and site circulation improvements.

Relevant Experience
City of Salinas, SB 743 Implementation and VMT Banking
Program, Salinas, CA – Project Manager
City of Salinas, 2017-2022 On-Call Consultants for Civil and Project Management, Salinas, CA – Project Manager
Transportation Agency for Monterey County (TAMC), Canyon Del Rey Boulevard (SR 218) Corridor Study, Salinas, CA – Project Manager TAMC, SB 743 Implementation Plan, Monterey County, CA – Project Manager City of Monterey, VMT Assessment and Mitigation Strategies for General Plan Implementation, Monterey, CA – Project Manager
City of Marina, SB 743 Implementation Plan, Marina, CA – Project Manager County of Santa Cruz, Travel Demand Modeling and VMT Analysis for General Plan Update, Santa Cruz, CA – Project Manager
County of Santa Cruz/Cities of Capitola, Santa Cruz, Watsonville, and Scott’s Valley, SB 743 Implementation Plan, Santa Cruz County, CA – Principal-in-Charge City of Tracy, Big Data-Based SB 743 Implementation Program, Tracy, CA – Project Manager City of Scotts Valley, Traffic Study for 125 Bethany Drive, Scotts Valley, CA – Project Manager Saratoga Mountain Winery Hotel, VMT Assessment, Saratoga, CA – Project Manager County of Riverside, SB 743 Implementation Plan, Riverside, CA – Principal-in-Charge Los Angeles World Airports (LAWA), SB 743 Peer Review, Los Angeles, CA – Principal-inCharge Professional
Credentials
• Master of Science,
Urban Engineering,
University of Pretoria
• Bachelor of Science,
Transportation
Engineering, University
of Pretoria
• Bachelor of Science,
Civil Engineering,
University of Pretoria
• Professional Engineer in
California #64621
Professional
Affiliations
• Institute of
Transportation
Ei Mb

Chris Gregerson, P.E., T.E., PTOE, PTP
Project Engineer
Chris is a professional civil and traffic
engineer with almost ten years of experience
in developing traffic impact analyses for both
new developments and the expansion of
existing developments. Chris has direct
experience in running travel demand models
in both the standard and activity-based
approaches as well as calibrating mode
choice models for metropolitan regions. He has assisted with the development of SB 743 thresholds and policies for multiple northern and central California jurisdictions. In addition, he has led and assisted with completing multiple complex VMT/SB 743 analyses for clients throughout California covering a broad range of land use types. Chris is also skilled in GIS and has experience managing and interpreting data for special analysis and graphics creation.

Relevant Experience
City of Salinas, SB 743 Implementation and VMT Banking Plan, Salinas, CA – Project Planner
City of Monterey, SB 743 Implementation Plan VMT Assessment and Mitigation Strategies for General Plan Implementation, Monterey, CA – Project Planner TAMC, SB 743 Implementation Plan, Monterey County, CA – Project Planner City of Marina, VMT Analysis and SB 743 Implementation, Marina, CA – Modeler City of Hollister, SB 743 Implementation Plan, Hollister, CA – Modeler Sacramento International Airport, Master Infrastructure Plan SB 743 Analysis, Sacramento, CA – Project Planner
County of Santa Cruz, Travel Demand Modeling and VMT Analysis for General Plan Update, Santa Cruz, CA – Project Engineer
County of Santa Cruz/Cities of Capitola, Santa Cruz, Watsonville, and Scott’s Valley, SB 743 Implementation Plan, Santa Cruz County, CA – Project Planner City of Tracy, Big Data-Based SB 743 Implementation Program, Tracy, CA – Project Planner City of Folsom, South of U.S. 50 Analysis Forecast/VMT Tool, Folsom, CA – Modeler City of Agoura Hills, VMT Analysis and SB 743 Implementation, Agoura Hills, CA – Project Planner
Professional
Credentials
• Master of Science,
Transportation
Engineering, University of
Illinois at UrbanaChampaign
• Bachelor of Science,
Industrial Engineering,
Virginia Polytechnic
Institute and State
University
• Professional Engineer in
California #86812
• Professional Traffic
Engineer in California
#2860
• Professional Traffic
City of Westlake Village, VMT Analysis and SB 743 Implementation, Westlake Village, CA – Modeler
City of Mammoth Lakes, Travel Demand Model Update and VMT/SB 743 Implementation Plan, Mammoth Lakes, CA – Project Planner
Kimley-Horn Qualifications and Project Experience
Kimley-Horn Experience Performing Work of a Similar Nature With a highly experienced team of professionals, Kimley-Horn has amassed significant experience with VMT analyses and SB 743 compliance, including:
• Establishing more than 25 California public agencies’ (i.e., cities, counties, and airports) thresholds, policies, and custom VMT calculation tools for SB 743 compliance • Completing dozens of project-level VMT assessments using a variety of methods, including TDM, GIS, Big Data, and qualitative techniques
• Presenting SB 743 educational materials more than 100 times to audiences, including dozens of public agencies, the Institute of Transportation Engineers (ITE), and the Association of Environmental Planners (AEP)
• Authoring SB 743-related National Cooperative Highway Research Program (NCHRP) reports and abstracts that have been accepted into and presented at ITE’s Western Conference From this experience, Kimley-Horn understands that while the California Office of Planning and Research’s (OPR) guidance related to SB 743 has been a helpful introduction to using VMT to evaluate projects, it does not provide a complete solution. There is a multitude of complex practical issues, including many land-use types, that are not addressed by the OPR guidance. Kimley-Horn’s experience has provided the ability to quickly evaluate a project’s VMT impact on the regional roadway network and identify implementable mitigation strategies.

To date, Kimley-Horn has built significant experience implementing VMT mitigation across most of the state based on the application of TDMs and the identification of infrastructure/project-based solutions both at a program and project level. In addition to including mitigation strategies in all of the 20+ SB 743 Implementation Programs we have been responsible for, we have been working with several jurisdictions to begin planning their VMT-Banking/Exchange programs. Most recently we completed a VMT Banking Program in the City of Salinas. Programmatic approaches that rely on collectively funding projects appear to hold great promise for VMT mitigation, as they allow a project to obtain an amount of mitigation commensurate with their impact, make a single payment, and avoid the complexity of ongoing TDM management, all while avoiding any requirement for mitigation monitoring. Programmatic approaches can also provide a public benefit in terms of funding transportation improvements that would not otherwise be constructed, resulting in improvements to congestion, GHG emissions, increased transportation choices, and additional opportunities for active transportation.

Relevant Project Experience
Kimley-Horn has developed the SB 743 Policies, Thresholds, and Guidance for jurisdictions throughout California, including:
• City of Salinas
• Monterey County
• City of Marina
• City of Monterey
• City of Sand City
• City of Pacific Grove
• City of Gonzales
• City of Soledad
• City of Greenfield
• City of King City
• Santa Cruz County
• City of Watsonville
• City of Capitola
• City of Santa Cruz
• City of Scotts Valley
• City of Del Rey Oaks
• City of Westlake Village
• City of Agoura Hills
• Los Angeles International Airport
• City of El Segundo
• Riverside County
• Sacramento International Airport
• City of Tracy
• City of Hollister
• City of Mammoth Lake
City of Salinas, SB 743 Implementation and VMT Banking Program, Salinas, CA Kimley-Horn worked with the City of Salinas to develop VMT analysis guidelines, VMT thresholds, screening maps and criteria, TDM programs, and a custom sketch planning tool to estimate VMT. The custom tool utilizes travel demand model data to estimate VMT, GHG emissions, and the effect of TDM in terms of mitigation. As part of this effort, Kimley-Horn is also updating the AMBAG model to reflect land use updates as appropriate. An integral part of this project is to develop and cost several key citywide projects that can be used as part of a VMT banking approach to VMT mitigation. The City of Salinas is one of the first cities in California to undertake the development of a VMT Banking program.

City of Monterey, VMT Assessment and Mitigation Strategies for SB 743 Implementation, Monterey, CA
Kimley-Horn worked with the City of Monterey as a part of their General Plan Circulation Element updates to develop a General Plan policy for VMT analysis that is consistent with SB 743. In addition, Kimley-Horn developed VMT Thresholds for the City by land use type and a transportation demand management toolbox to determine appropriate mitigations for project-level VMT impacts.

TAMC, SB 743 Implementation Plan, Monterey County, CA
Kimley-Horn worked with TAMC to develop SB 743 Programs for Monterey County, King City, Pacific Grove, Greenfield, Gonzalez, Soledad, and Sand City that include VMT analysis guidelines, VMT thresholds, screening maps and criteria, TDM programs, and custom sketch planning tools to estimate VMT. This collective effort included significant cross-agency coordination with the end-product still being tailored to the individual agencies. The custom tools utilize travel demand model data to estimate VMT, GHG emissions, and the effect of TDM in terms of mitigation. Kimley-Horn also developed a custom VMT analysis tool that includes the evaluation of mitigation alternatives. Kimley-Horn previously developed VMT Programs for both the City of Monterey and the City of Marina.

TAMC, Canyon Del Rey Boulevard (SR 218) Corridor Study, Monterey County, CA TAMC planned to enhance multimodal access and connectivity, safety, operations, and environmental quality along the Canyon Del Rey corridor. The study area extended from the Canyon Del Rey Boulevard/ Highway 1 Interchange to the junction of Canyon Del Rey Boulevard and State Route 68. Kimley-Horn spearheaded efforts with TAMC to develop a comprehensive complete street corridor plan that prioritizes improvement projects that best meet the public’s needs while enhancing multimodal access and safety. Scope of services to achieve TAMC’s goals included public outreach workshops, coordination with Caltrans District 5, developing an appropriate toolkit of potential improvements, roadway design layouts, corridor operations analysis, wildlife connectivity analysis and strategizing a final implementation plan to apply for state and federal funding through grant applications.

County of Santa Cruz/Cities of Capitola, Santa Cruz, Watsonville, and Scott’s Valley, SB 743 Implementation Plan, Santa Cruz County, CA
Kimley-Horn worked with Santa Cruz County and the cities within its boundaries to develop VMT analysis guidelines, VMT thresholds, screening maps and criteria, TDM programs, and custom sketch planning tools to estimate VMT. This collective effort includes significant cross-agency coordination with the end-product still being tailored to the individual agencies. The custom tools utilize travel demand model data to estimate VMT, GHG emissions, and the effect of TDM in terms of mitigation. This effort builds on Kimley-Horn’s previous efforts related to updating the County’s travel demand model to the base year of 2019 and a future year of 2040. Kimley-Horn also developed a custom VMT analysis tool that includes the evaluation of mitigation alternatives.

County of Riverside, SB 743 Implementation Plan, Riverside County, CA Kimley-Horn worked with Riverside County to develop VMT analysis guidelines, VMT thresholds, screening maps and criteria, TDM programs, and a custom sketch planning tool to estimate VMT. As part of this effort, Kimley-Horn updated Riverside County’s Traffic Impact Analysis Preparation Guide to address consistency issues and provide for an approach that better meets the County’s needs given the implementation of SB 743. The custom tool utilizes travel demand model data to estimate VMT, GHG emissions, and the effect of TDM in terms of mitigation. Kimley-Horn also updated the RIVTAM model to reflect recent infrastructure improvements and developed a custom VMT analysis tool that includes the evaluation of mitigation alternatives.

City of Tracy, Big Data-Based SB 743 Implementation Program, Tracy, CA Kimley-Horn is working with the City of Tracy as a part of the City’s update to their Transportation Master Plan to develop a VMT Program and thresholds for land uses for the City based on Big Data (from Streetlight). Kimley-Horn is updating the City’s travel demand model and using it to complete the VMT analysis and threshold development. The VMT analysis will use both tour- and trip-based approaches to comprehensively evaluate trips completed with and without the City. Of concern is the context of the City as a bedroom community for the Bay Area and the particularly long commute trips its citizens take each day. The City also has many manufacturing and distribution centers that will require custom VMT analysis techniques for threshold development. As part of this effort, Kimley-Horn is also updating the RIVTAM model to reflect recent infrastructure improvements.

Town of Mammoth Lakes, Travel Demand Model Update and VMT/SB 743 Implementation Plan, Mammoth Lakes, CA
Kimley-Horn updated the Town of Mammoth Lakes’ travel demand model and used it to complete VMT analysis and threshold development in support of SB 743 policy implementation. The model analysis included development of both a typical weekday and weekend model reflective of peak winter tourism conditions. The model development included the application of big data to understand origins and destinations as they relate to resident and visitor trip-making characteristics.

Los Angeles World Airports (LAWA), SB 743 Peer Review, Los Angeles, CA Kimley-Horn was invited by LAWA to provide oversight and review of the SB 743/VMT analysis including approach and technical modeling applications being completed in support of the Los Angeles Airport (LAX) Airfield and Terminal Modernization Program (ATMP) Environmental Impact Report. This project required the assessment of the VMT implications of project development impacts on employees and passengers as well as the impact of a capacity-enhancing roadway improvement. As part of the review, Kimley-Horn assisted in the development of VMT thresholds of significance and the development of an approach to mitigate identified VMT impacts.

Sacramento International Airport (SMF), Master Infrastructure Plan SB 743 Analysis, Sacramento, CA
Kimley-Horn completed a VMT assessment as a part of the airport’s Master Infrastructure Plan update.

The primary focus of the VMT assessment was to complete a CEQA level analysis of the expected passenger growth forecasted to occur over the next twenty years. The VMT assessment included tracking airport passengers throughout the six-County Sacramento Area Council of Governments (SACOG) region using SACOG’s travel demand model, as well as determining the length passengers will travel to airports in the Bay Area due to unmet demand at SMF. Kimley-Horn determined the overall impact to VMT in the region due to passengers being recaptured by the airport due to future increases in-flight supply, increased growth within the SACOG region, and increases to employment at the airport due to the increased supply of flights.
kimley-horn.com 555 Capitol Mall, Suite 300, Sacramento, California 95814 916 858 5800 March 15, 2022
Ron Sissem
EMC Planning Group
301 Lighthouse Avenue, Suite C
Monterey, California 93940
Re: Salinas Ferrasci Business Center Specific Plan
Traffic Impact Analysis – Scope of Services and Fee Estimate Salinas, California
Dear Ron:

Kimley-Horn and Associates, Inc. (“Kimley-Horn” or the “Consultant”) is pleased to submit this scope and fee estimate (the “Proposal”) to EMC Planning Group (the “Client”) for providing traffic engineering services for the Salinas Ferrasci Business Center Specific Plan project in Salinas, California (the “project”).

Our Scope of Services, Schedule, and Fee are as follows:

Scope of Services
Please note that this Scope of Services is based on the following primary assumptions:
 We will attend one project kick-off meeting with City of Salinas staff to discuss this Scope of Services. As such, modifications to our assumptions, study facilities, and/or analysis methodologies may be required.
 All Caltrans traffic data required to complete analysis of freeway facilities are assumed to be readily available from Caltrans’ website.

Task 1: Trip Generation, Trip Distribution, and Scope Coordination Kimley-Horn will perform a select-zone analysis for the project using the Association of Monterey Bay Area Governments Travel Demand Model (AMBAG TDM) to establish a general trip distribution scheme and project assignment along the study facilities. Kimley-Horn will summarize our proposed trip generation, which will be approximated using Trip Generation Manual, 11th Edition, published by the Institute of Transportation Engineers (ITE), the trip distribution scheme developed from the model, and the proposed study facilities in a brief memorandum to be submitted electronically (in PDF format) to the City. Due to the critical nature of this information and the potential effect on the overall project schedule, no further work will be performed until City staff has approved the proposed project trip generation, trip distribution, and proposed study facilities.

With concurrence on the Scope of Services and study facilities from the City, the following tasks will be completed. Note that this coordination and subsequent comments from the City may necessitate amending this Scope of Services and related costs.

Task 2: Data Collection
Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information provided by the Client. The Client shall provide all information requested by Kimley-Horn during the project, including but not limited to the following:

1. Electronic copy of the proposed specific plan, existing and proposed zoning, and related planning documents.

Ron Sissem, March 15, 2022
Salinas Ferrasci Business Center Specific Plan, Page 2

2. Modifications to the proposed specific plan and/or revisions to the project description as they become available.

Kimley-Horn will complete one (1) field visit to observe the proposed project access locations, study intersection and roadway segment lane configurations, vehicle storage lengths, existing traffic control, speed limits, lane utilization, adjacent land uses, and other readily apparent features for the study facilities that are deemed by Kimley-Horn to be relevant to the Scope of Services.

This Scope of Services includes collection of up to twenty (20) new weekday, AM and PM peak-period intersection turning movement counts. The peak-period intersection counts would be collected on a typical weekday between the hours of 7:00 a.m. – 9:00 a.m., and 4:00 p.m. – 6:00 p.m. The specific facilities will be determined based on the outcome of the select zone analysis per Task 1 above and coordination with the City of Salinas.

This Scope of Services also includes collection of up to ten (10), 24-hour roadway segment counts. The specific facilities will be determined based on the outcome of the select zone analysis per Task 1 above and coordination with the City.

All Caltrans traffic data required to complete analysis of basic freeway segments are assumed to be readily available from Caltrans’ website.

Task 3: Local Transportation Analysis (LTA)
A weekday, AM and PM peak-hour LOS analysis will be conducted for the following scenarios:

A. Existing (2022) Conditions
B. Existing (2022) plus Proposed Project Conditions
C. Cumulative (2040) Conditions
D. Cumulative (2040) plus Proposed Project Conditions
The LOS analyses will be conducted for up to twenty (20) intersections and ten (10) roadway segments noted in Task 2, as well as for up to six (6) freeway facilities (basic facilities only).

Peak-hour LOS will be determined for the time periods and analysis scenarios listed above. LOS for each scenario will be determined according to the methodology contained within the most recent edition of the Highway Capacity Manual, using appropriate traffic analysis software (Synchro/Simtraffic).

Queuing for study intersections will be determined for the time periods and analysis scenarios listed above. Queuing for each scenario will be determined using methods defined in the most recent edition of the Highway Capacity Manual, using appropriate traffic analysis software. Kimley-Horn will also analyze queuing for the freeway off-ramps where applicable. Recommendations for intersection improvements will be based on intersection queuing reports.

Density for the freeway facilities (basic segments only) will be determined for the time periods and analysis scenarios listed above. Operations for each scenario will be determined using methods defined in the most recent edition of the Highway Capacity Manual.

Ron Sissem, March 15, 2022
Salinas Ferrasci Business Center Specific Plan, Page 3
Project consistency with policies included in the City’s General Plan for study facilities, transit, bicycle facilities, pedestrian circulation, and construction-related traffic will be determined based on the standards of significance defined in the City’s Traffic Impact Analysis Guidelines. Consideration will be given to offsite bicycle and pedestrian facilities and connectivity in the immediate vicinity of the project site. For freeway facilities, the Project would cause a significant impact if it would:
 Cause the maximum queue length at a freeway off-ramp to extend beyond the gore point onto the mainline (or exacerbate a current or future condition by increasing the maximum queue by one or more vehicles)
Consistent with Caltrans’ LDIGR Safety Review Practitioners Guidance (July 2020), the safety evaluation will include consideration of pedestrian and cyclists at interchange ramp intersections where increased project traffic would substantially increase exposure or hazards. As no geometric modifications to Caltrans’ facilities are anticipated, this safety evaluation will be focused on the increased queuing and traffic volumes on Caltrans’ facilities.

Task 4: Travel Demand Modeling
The project will be added to AMBAG TDM consistent with the proposed zoning with modifications made to the roadway network, centroid connectors, TAZ structure, and land use files as appropriate.

The Project’s residential land uses will be added to the model by completing the population synthesis process to update the model’s household and population files which contain socioeconomic details for the residential land uses. The Project’s non-residential land uses will be added to the model by first determining the project-specific floor-area-ratio (FAR) by land use category. Further, building square footage to employee conversion factors will be developed in coordination with the Client.

Task 5: Traffic Signal Needs Assessment
Kimley-Horn will complete a planning level assessment of the need for traffic signalization based on the peak-hour warrant methodologies noted in Section 4.C of the California Manual on Uniform Traffic Control Devices (CMUTCD), 2014 Edition, Revision 6 (March 30, 2021). The peak-hour traffic signal warrant analysis will be performed for all unsignalized study intersections for the analysis scenarios identified in Task 3.

Task 6: Vehicle Miles Traveled (VMT) Analysis (CEQA Transportation Impact Analysis) Kimley-Horn will use the AMBAG TDM and the City’s VMT analysis methodology to estimate VMT for the Project and evaluate the impact of each specific land use (residential, office, commercial, etc.) for Scenario B described in Task 3. If an impact is determined for any land use type, the analysis will also be completed for Scenario D as well for that land use. The following illustrates how each of the three major land uses will be addressed from a CEQA-level VMT analysis perspective:

Residential (VMT per Capita)
Kimley-Horn will determine VMT per Capita for the residential land uses within the project using the AMBAG TDM. We will use the City’s VMT analysis methodology to determine VMT per Capita.

If a significant transportation VMT impact is identified, Kimley-Horn will identify mitigation measures as described below. While some types of mitigation measures can be reflected in the AMBAG TDM, some types of Transportation Demand Management (TDM) measures cannot be fully reflected in the AMBAG TDM, and a different methodology will be used to test its effectiveness as discussed in Task 7.

Ron Sissem, March 15, 2022
Salinas Ferrasci Business Center Specific Plan, Page 4
Office (VMT per Employee)
Kimley-Horn will determine VMT per Employee for the non-residential land uses not associated with commercial activity (office) within the project using the AMBAG TDM. We will use the City’s VMT analysis methodology to determine VMT per Employee. If a significant transportation VMT impact is identified, Kimley-Horn will identify mitigation measures as described in below. While some types of mitigation measures can be reflected in the AMBAG TDM, some types of TDM measures cannot be fully reflected in the AMBAG TDM, and a different methodology will be used to test its effectiveness as discussed in Task 7.

Retail/Commercial (Net Change)
As noted in guidelines published by the Governor’s Office of Planning and Research (OPR)1 , each
component of a mixed-use project should be evaluated independently, based on the applicable significance threshold. Therefore, the retail/commercial components of the project will be split from the other land uses and OPR’s screening methodology will be used to determine if this component of the project can be screened. If not, Kimley-Horn will determine the change in total regional VMT based on the retail/commercial part of the project using the AMBAG TDM. If a significant transportation VMT impact is identified, Kimley-Horn will identify mitigation measures as described in below. While some types of mitigation measures can be reflected in the AMBAG TDM, some types of travel demand management (TDM) measures cannot be fully reflected in the AMBAG TDM, and a different methodology will be used to test its effectiveness as discussed in Task 7.

Task 7: Identification of CEQA Impacts & CEQA Mitigation Measures For land uses within the Project that require CEQA/VMT mitigations, feasible VMT mitigation measures should be considered. Given the circumstances of the project, the most appropriate and feasible measures for VMT mitigations will likely rely on TDM options. Although the ultimate TDM options will need to be determined by the City in cooperation with the Project applicant, the following provides discussion on the overall approach of TDMs, as well as specific measures that may be appropriate for consideration.

Kimley-Horn will use the results of the CEQA VMT analysis to determine the VMT reduction goal of the TDM plan. Kimley-Horn will draft an initial list of potential TDM measures that the City can review. A brief evaluation will be completed to determine which measures will likely provide the greatest benefit and lowest cost, for the purpose of achieving the established VMT goal. A list of initial TDM measures will be submitted to the City for review with the goal of the City working with the project applicant to select which TDM measures are feasible for the project to implement. Kimley-Horn will then select the final list of TDM measures to include in the TDM plan. Additional details regarding each TDM measure will be coordinated with the City.

Kimley-Horn will determine the effectiveness of the final TDM measures proposed and review TDM literature to determine the best method to quantify the expected vehicle trip reductions for each measure. Potential resources include the most recent version of the California Air Pollution Control Officers Association (CAPCOA) Quantifying Greenhouse Gas Mitigation Measures report. 1 Technical Advisory on Evaluating Transportation Impacts in CEQA. Governor’s Office of Planning and Research. State of California. December 2018.

Ron Sissem, March 15, 2022
Salinas Ferrasci Business Center Specific Plan, Page 5
In addition, Kimley-Horn will identify pedestrian, bicycle, and transit impacts based on the analysis completed in Task 3. Impacts related to freeway queuing and the safety analysis completed as a part of Task 3 and Task 5 will also be identified.

Task 8: Draft Reports
Two reports will be completed as a part of this task. Efforts completed in Tasks 1-5 will be documented in report format with graphics as deemed appropriate by Kimley-Horn. Separately, efforts completed in Tasks 6 and 7 and the queuing analysis will be documented in report format with graphics as deemed appropriate by Kimley-Horn for inclusion in the project’s EIR. The template for the report that includes Tasks 6 and 7 will be provided by the Client. Kimley-Horn will prepare and submit an electronic (PDF) version of the draft reports to the Client. We will address one set of consolidated, non-conflicting Client comments on the draft reports. In addition, we will address one set of consolidated, non-conflicting City comments on the draft reports. If the comments require additional analysis or data collection beyond that provided in this Scope of Services, this work will be considered as an additional service. Up to twenty (20) hours have been included to address comments provided by the public related to the DEIR. Any additional comment responses, regardless of origin, will also be considered as an additional service.

Task 9: Final Report
Kimley-Horn will prepare and submit an electronic (word document) version of the final reports and electronic (PDF) version of the final figures to the Client.

Task 10: Meetings
Kimley-Horn will participate in up to four (4) meetings, including the kick-off meeting with the City of Salinas. Timing and focus of the remaining three meetings will be determined by the Client but are anticipated to consist of progress meetings and a summary of findings. If additional meetings are required, these will be considered an additional service and a budget of $2,000 per meeting is assumed.

Schedule
We anticipate providing our services described in Task 1 within three (3) weeks of receipt of a Notice to Proceed and receipt of all required information. We anticipate providing our services described in Tasks 2-8 within ten (10) weeks of scope confirmation from the City (Task 1).

Fee and Billing
Kimley-Horn will perform the Scope of Services for a Time and Materials Not to Exceed fee of $72,000.

We will provide all additional services on a labor fee plus expense basis. All such labor fee will be billed according to our then current rates. Direct reimbursable expenses such as express delivery services, traffic counts, fees, and other direct expenses will be billed at 1.10 times cost. Five percent will be added to each invoice to cover certain other expenses such as in-house duplicating, telephone calls, facsimiles, postage, and word processing. Fees and expenses will be invoiced monthly based, as applicable, upon the percentage of services performed or actual services performed and expenses incurred as of the invoice date.

WJV Acoustics Resumes, Qualifications
and Scope of Work C

APPENDIX

WALTER J. VAN GRONINGEN
President
WJV Acoustics, Inc.

Experience:

Mr. Van Groningen is the founding consultant of WJV Acoustics, Inc. His technical skills include the prediction and analysis of aircraft, traffic, railroad and construction noise and the evaluation of community noise problems and litigation support. He has prepared technical noise studies for a variety of projects requiring CEQA or NEPA documentation and has developed noise level criteria and implementation programs for addressing noise‐related conflicts and long‐range noise compatibility planning. Mr. Van Groningen has particular expertise in preparing traffic noise assessments for federally funded roadway improvement projects using the Caltrans Protocol. Mr. Van Groningen has also prepared general plan noise elements and noise element updates for several California jurisdictions.

Mr. Van Groningen became involved in community noise control in 2005, when he joined the consulting staff at Brown‐Buntin Associates, Inc. Since that time, he has conducted short‐ and long‐term aircraft noise monitoring and acoustical testing for federally funded aircraft sound insulation programs and conducted and/or managed numerous environmental noise analyses, including the following:
 Environmental noise assessments addressing aircraft, traffic, rail, commercial, industrial and construction sources for projects requiring CEQA/NEPA documentation. Many of these studies have involved controversial projects and significant public interest in the agency review process.  Aircraft noise analysis and preparation of noise exposure maps and summary reports for Las Vegas McCarran and Reno‐Tahoe International Airports.
 Federally funded school and/or residential sound insulation programs for Los Angeles, Reno‐Tahoe, Phoenix Sky Harbor and Anchorage Ted Stevens International Airports.  General Plan Noise Elements for numerous California jurisdictions.  Acoustical analyses and noise monitoring for numerous mining operations and construction projects.

Professional Affiliations:
 Member, Institute of Noise Control Engineering.
 Member, Acoustical Society of America.

Software Skills and Certifications:
 FHWA Traffic Noise Model Certified
 FAA Integrated Noise Model (INM)
 Aviation Environmental Design Tool (AEDT2B)
 Larson Davis Laboratories, AutoCAD, Microsoft Word, Microsoft Excel, SoundPLAN  SoundPLAN Software & Noise Modeling Seminar
Education:
 B.A. Physical/Environmental Geography, Humboldt State University, 1999.  Post Graduate studies in Hydrology, California State University Chico, 1999‐2002.

Aviation Noise Studies ꞏ Community Noise ꞏ Architectural Acoustics ꞏ Environmental Noise Assessments 113 N. Church Street, Suite 203 ∙ Visalia, CA 93291∙ (559) 627-4923 WJVA Corporate Resume‐current
-CORPORATE RESUMEWJV Acoustics, Inc. (WJVA), formerly Brown‐Buntin Associates, Inc. (BBA), is a full‐service acoustical consulting firm which specializes in the measurement, modeling and evaluation of environmental and transportation noise and architectural acoustics. BBA was originally established in 1981 by Robert E. Brown and Jim Buntin in Visalia, California. Beginning January 1, 2015, BBA began operating as WJV Acoustics, Inc. (WJVA).

WJVA utilizes state‐of‐the‐art sound measurement and analysis equipment, coupled with computer data management and modeling capabilities, to quantify noise from construction, aircraft, traffic, rail, industrial/commercial and other sources. WJVA has prepared hundreds of acoustical analyses over the past 30 years. WJVA has prepared general plan noise elements and/or noise element updates for approximately 50 California jurisdictions. Additionally, WJVA prepares environmental noise assessments for CEQA and NEPA documents, prepares noise exposure studies for airports of all sizes, and consults with architects concerning the acoustical design of schools, office buildings and performing arts facilities. WJVA has made numerous public presentations.

WJVA has completed noise studies for a number of projects that were considered controversial by local citizens. Many of these projects have included extensive public testimony, demonstrations of noise monitoring procedures, and a thoughtful approach to study design, analysis and document preparation so that complex technical information could be effectively presented to non‐technical persons. WJVA has fostered a strong reputation within the environmental community as a consultant able to provide sound and defensible work while maintaining a high level of client attentiveness that separates WJVA from other firms.

Aviation Noise Studies ꞏ Community Noise ꞏ Architectural Acoustics ꞏ Environmental Noise Assessments 113 N. Church Street, Suite 203 ∙ Visalia, CA 93291∙ (559) 627-4923 WJVA Representative Project List_EMC‐SP
-REPRESENTATIVE PROJECTS-
 Greentree Development Specific Plan Project, Vacaville, California (2021): The project included the conversion of existing golf course property to a mixed‐use development, to include residential land uses, retail/commercial land uses as well as public parks and open space. WJVA conducted ambient noise monitoring throughout the project site, traffic noise modeling, and preparation of an Environmental Noise Assessment as part of the Environmental Impact Report prepared for the project.
 Puente Del Monte and Vista Lucia Specific Plan Projects, Gonzales, California (2020): The projects included the pre‐zoning and annexation of two master planned mixed‐use developments. The projects included residential, commercial, public use, school and open space land uses. WJVA conducted ambient noise monitoring throughout the project sites, traffic noise modeling, and preparation of an Environmental Noise Assessment as part of the Environmental Impact Report prepared for the projects.
 The Dunes at Half Moon Bay Specific Plan Project, Half Moon Bay, California (2019): The project included the proposed development of a Hotel, Conference Center site combined with a recreational vehicle (RV) park and campground facility, including restaurants and lounge, spa facility, general store and fitness center, to be located near an existing beach and dune environment. WJVA conducted ambient noise monitoring throughout the project site, traffic noise modeling, and preparation of an Environmental Noise Assessment as part of the Environmental Impact Report prepared for the project.
 Vistra Energy Batter Energy Storage System (BESS) Phase II, Moss Landing, California (2019):

The project was the development of the second phase of a Battery Energy Storage System (BESS) to be located at an existing power plant facility. WJVA conducted extensive ambient noise level measurements in the vicinity of existing off‐site noise sensitive receptors near the project site. Additionally, WJVA analyzed noise level data associated with the various project components and modeled anticipated noise levels associated with construction and operation of the project, as they may affect nearby sensitive receptors. WJVA prepared a technical report describing the methodology and findings of the analysis.  Vistra Energy Batter Energy Storage System (BESS), Morro Bay, California (2019): The project was the development of the second phase of a Battery Energy Storage System (BESS) to be located at an existing power plant facility. WJVA conducted extensive ambient noise level measurements in the vicinity of existing off‐site noise sensitive receptors near the project site.

Additionally, WJVA analyzed noise level data associated with the various project components and modeled anticipated noise levels associated with construction and operation of the project, as they may affect nearby sensitive receptors. WJVA prepared a technical report describing the methodology and findings of the analysis.  City of Sanger General Plan Update (2017): WJVA prepared a technical noise study and drafted the Noise Element for the General Plan Update. WJVA conducted a community noise survey which included an assessment of existing and future noise exposure resulting for transportation noise sources as well as an assessment of existing stationary noise sources throughout the City. WJVA prepared noise contours for transportation noise sources throughout the City. WJVA provided a review of existing General Plan goals, policies and implementation measures related to noise, and recommended modifications and additions necessary to update the General Plan Noise Element.
-ReferencesWJV Acoustics, Inc.

1. Ms. Betsy McGovern‐Garcia
Program Director
SELF HELP ENTERPRISES
559‐802‐1653
[email protected]
Projects have included Acoustical Analyses for numerous development projects requiring NEPA and HUD environmental documentation. Specific examples include Sugar Pine Village in Madera, Lindsay Village in Lindsay and the Goshen Comprehensive Housing Project, in Tulare County.

2. Mr. Mike Sanchez
Assistant Director
CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT
559‐621‐8040
[email protected]
Projects have included an in‐depth noise study, noise monitoring and analysis of noise levels associated with the Grizzly Music Festival in the City of Fresno, and noise monitoring and analysis prepared for an existing outdoor music pavilion with the City of Fresno that had been receiving numerous noise complaints.

3. Mr. Ryan Burnett
Associate Planner
CITY OF CLOVIS DEPARTMENT OF PLANNING AND DEVELOPMENT
559‐324‐2336
[email protected]
Projects have included Acoustical Analyses for development projects requiring CEQA or NEPA environmental documentation. Specific examples include the Shepherd Avenue and Fowler Avenue Intersection project, Leonard Avenue Bridge Widening project, new domestic water treatment and pumping facilities, a shooting range and the expansion of an existing High Technology Park.

Aviation Noise Studies ꞏ Community Noise ꞏ Architectural Acoustics ꞏ Environmental Noise Assessments 113 N. Church Street, Suite 203 ∙ Visalia, CA 93291∙ (559) 627-4923 1577 (Ferrasci Business Center Specific Plan, Salinas)
March 11, 2022
Ron Sissem
Senior Principal
EMC PLANNING GROUP INC.
301 Lighthouse Avenue, Suite C
Monterey, California 93940
RE: ENVIRONMENTAL NOISE ASSESSMENT, FERRASCI BUSINESS CENTER

SPECIFIC PLAN, SALINAS, CALIFORNIA
Dear Mr. Sissem:

Based upon the information you have provided, WJV Acoustics, Inc. (WJVA) is pleased to submit the following proposal to prepare an Environmental Noise Assessment for the above‐referenced project. Following is a description of our proposed scope of services, fee and schedule for completion.

Scope of Services:

1. Conduct a project site inspection to evaluate the acoustical characteristics of the project site and surrounding area, note the locations of nearby noise‐sensitive receptors and identify existing noise sources in the project area. Conduct ambient noise monitoring at representative locations throughout the project vicinity that could have potential noise‐related conflicts as a result of the proposed project. It is anticipated that continuous 24‐hour ambient noise measurements will be conducted at up to three (3) locations using automated noise monitors and that short‐term sampling of ambient noise levels will be conducted at up to six (6) additional sites. The information developed during the performance of this task will be used to prepare the setting (existing conditions) section of the CEQA documents being prepared by others for the project.

Ron Sissem
Senior Principal
EMC PLANNING GROUP INC.

March 11, 2022

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Salinas City CouncilMay 24, 2022

Salinas City Council
May 24, 2022