Salinas City Council
November 15, 2022

Tuesday, November 15, 2022
4:00 PM
City of Salinas
200 Lincoln Ave., Salinas, CA 93901
www.cityofsalinas.org

SALINAS ROTUNDA
City Council
Mayor Kimbley Craig
Councilmembers:

Carla Viviana González, District 1 - Tony Barrera, District 2 Steve McShane, District 3 - Orlando Osornio, District 4 Christie Cromeenes, District 5 - Anthony Rocha, District 6 Steven S. Carrigan, City Manager
Christopher A. Callihan, City Attorney
City Clerk’s Office: (831) 758-7381
Meeting Agenda - Final
City Council Meeting Agenda - Final November 15, 2022

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

PLEDGE OF ALLEGIANCE

ROLL CALL

PROCLAMATION
Small Business Saturday, November 26, 2022

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

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

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

PUBLIC HEARINGS
ID#22-629 Inclusionary Housing Ordinance Amendment to Downtown Exemption [Salinas Municipal Code Section 17-8(d)]
Recommendation: Adopt an Ordinance amending Chapter 17 (Housing), Article III (Inclusionary Housing Requirements), Section 17-8(d) of the Salinas Municipal Code to eliminate an exemption for new residential construction projects in the downtown area (Central City Overlay District), but to allow an exemption for adaptive reuse projects. (Exempt from CEQA; CEQA Guidelines Section 15378)
ID#22-592 Renaming of Murphy Street to JD Alvarado Circle Recommendation: Approve a Resolution renaming Murphy Street to JD Alvarado Circle.

CONSIDERATION
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City Council Meeting Agenda - Final November 15, 2022
ID#22-612 2022 Alisal Memorandum of Understanding (Alisal MOU) Recommendation: Approve a Resolution authorizing the Mayor to execute the 2022 Alisal Memorandum of Understanding (Alisal MOU) between the City of Salinas and the County of Monterey related to the coordination of planning activities for implementation of the Alisal Vibrancy Plan (AVP).

ADMINISTRATIVE REPORTS
ID#22-624 Salinas Strategic Plan 2022-2025 Update
Recommendation: No action. This report is an update to the Salinas Strategic Plan for 2022-2025.

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

ID#22-622 Minutes
Recommendation: Approve minutes of November 1, 2022.

ID#22-631 Financial Claims
Recommendation: Approve Financial Claims Report.

ID#22-578 Main Street Streetscape Project, CIP No. 9230 Recommendation: Approve a Resolution accepting the Main Street Streetscape Project, CIP No. 9230, for maintenance and responsibility.

ID#22-584 Master Services Agreements for On-Call Land Surveying Services Recommendation: Approve a Resolution approving Master Services Agreements with Whitson Engineers; BKF Engineers; and Wallace Group to provide on-call land surveying services for various City of Salinas Public Works Capital Improvement Program (CIP) projects.

ID#22-605 Closter Park Green Street Prop 68 Grant Application Recommendation: Approve a Resolution authorizing the submittal of a grant application to the California Natural Resources Agency Urban Greening Program (Prop 68) to obtain funding for the construction of "green streets" around Closter Park.

ID#22-607 Sewer System Management Plan Update
Recommendation: Approve a Resolution approving the Sewer System Management Plan (SSMP) as required by the State Water Resources Control Board.

ID#22-608 Amendment No. 1 to Agreement With PlaceWorks, Inc Recommendation: Approve a Resolution authorizing the City Manager to execute and Amendment No. 1 to the Agreement for Professional Services between the City of Salinas and PlaceWorks, Inc. related to the preparation of environmental and technical studies for the General Plan Update.

ID#22-613 Direct Purchase of One Toyota Rav4 Hybrid
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City Council Meeting Agenda - Final November 15, 2022
Recommendation: Approve a Resolution authorizing the direct purchase of one Toyota Rav4 Hybrid from Salinas Toyota at a total cost of $42,583.90.

ID#22-614 Amended and Restated Agreement with Anderson Pacific Engineering the East Late Street Emergency Repair Work
Recommendation: Approve a Resolution approving an Amended and Restated Agreement for Services in the amount of $4,587,862 between the City of Salinas and Anderson Pacific Engineering Construction, Inc. related to the East Lake Street Emergency Repair Work.

ID#22-615 FY 2022 CalWater Firefighter Grant Award Acceptance and Funding for the Unmanned Aerial System (UAS) Program
Recommendation: Approve a Resolution authorizing the City Manager or designee to accept the FY 2022 CalWater Firefighter Grant award in the amount of $29,921.45 and authorizing the Purchasing Officer to purchase a Skydio X2E drone, or similar UAS (Unmanned Aerial System).

ID#22-616 Subscription-Based ShotSpotter Gunfire Location, Alert and Analysis Service Recommendation: Approve a Resolution authorizing payment of $477,750 for ShotSpotter Annual Subscription Services, per the terms and conditions of the existing Agreement, for the period December 14, 2022 through December 13, 2023.

ID#22-617 Direct Purchase of Equipment for Police SWAT and VSTF Teams Recommendation: Approve a Resolution amending the vendor for a purchase previously approved via Resolution 22462 authorizing the direct purchase of weapons for the SWAT and VSTF Teams, for a total cost not to exceed $7,882.25.

ID#22-618 Salinas Fire Department City Hall Tenant Improvement Furnishing and Contingency
Recommendation: Approve a Resolution authorizing an agreement with Peninsula Business Interiors for the furnishing and installation of workstations in an amount not to exceed $132,654.23 plus a 10% contingency.

ID#22-619 Agreement with Ecology Action for the FFY 2023 Office of Traffic Safety Pedestrian and Bicycle Safety Grant Program
Recommendation: Approve a Resolution authorizing the City Manager to execute an Agreement with Ecology Action for $110,233 to provide services funded by the Federal Fiscal Year (FFY) 2023 California Office of Traffic Safety (OTS) Pedestrian and Bicycle Safety Program Grant.

COUNCILMEMBERS’ REPORTS, APPOINTMENTS AND FUTURE AGENDA ITEMS Receive communication from Councilmembers on reports, appointments and future agenda items. Councilmember comments are generally limited to three minutes.

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

The City Council will recess to closed session pursuant to:

ID#22-634 a. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Santa Rita Union High School District, et City of Salinas Page 4 Printed on 11/9/2022
City Council Meeting Agenda - Final November 15, 2022
al. v. City of Salinas et al., Monterey County Superior Court Case No. 20CV000242.
b. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Alisal Union School District, et al. v. City of Salinas, et al., Monterey County Superior Court Case No. 20CV00340. c. Labor Negotiations - California Government Code section 54957.6, with its designated labor representatives Steven S. Carrigan, City Manager; Jim Pia, Assistant City Manager; Christopher A. Callihan, City Attorney; Katherine Hogan, Assistant City Attorney; Mark Roberts, Finance Director; Marina Horta-Gallegos, Human Resources Director; Sylvia Enriquez, Senior Human Resources Analyst; Che Johnson, Liebert Cassidy Whitmore, regarding labor relations with Service Employees International Union (SEIU), SEIU Supervisors, Salinas Municipal Employees Association/SEIU, Association of Management Personnel, Police Officers Association, Police Management Association, International Association of Firefighters, Fire Supervisors Association, Confidential Management Employees, Confidential Non-Management Employees, and Department Directors.
d. Labor Negotiations - California Government Code Section §54957.6 with its designated labor representatives Steven S. Carrigan, City Manager; Jim Pia, Assistant City Manager; Christopher A. Callihan, City Attorney; Katherine Hogan, Assistant City Attorney; Mark Roberts, Finance Director; Marina Horta-Gallegos, Human Resources Director; Sylvia Enriquez, Senior Human Resources Analyst; and Matt Weatherly, President, Public Sector Personnel Consultants, regarding labor relations with Service Employees International Union (SEIU), SEIU Supervisors, Salinas Municipal Employees Association/SEIU, Association of Management Personnel, Police Officers Association, Police Management Association, International Association of Firefighters, Fire Supervisors Association, Confidential Non-Management Employees, Confidential Management Employees, and Department Directors. e. Real Property Negotiations - California Government Code Section 54956.8, conference with real property negotiators City Manager Steven S. Carrigan, City Attorney Christopher A. Callihan, Community Development Director Megan Hunter, Assistant Community Development Director Lisa Brinton, and Dan Massolo (Massolo Brothers Company) to discuss the terms and sale of real property located at 1 Preston Street, Salinas, California, 93901, APN 003161008000.
f. Real Property Negotiations - California Government Code Section 54956.8, conference with real property negotiators City Manager Steven S. Carrigan, City Attorney Christopher A. Callihan, Community Development Director Megan Hunter, Assistant Community Development Director Lisa Brinton, and Planning Manager Rod Powell to discuss the terms and sale of real properties located at 37, 37A, 37-C/A, 39 ½, 39-C/A Soledad Street (APN 002191012000); and 34, 36, 38, 40 Soledad Street (APN 002194029000).

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City Council Meeting Agenda - Final November 15, 2022
g. Performance Evaluation and Labor - California Government Code §54957 and §54957.6, public employee performance evaluation and labor relations with unrepresented employee (City Manager).
h. Performance Evaluation and Labor - California Government Code §54957 and §54957.6, public employee performance evaluation and labor relations with unrepresented employee (City Attorney).

ADJOURNMENT
_____________________________
Patricia M. Barajas, City Clerk

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

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

PUBLIC NOTIFICATION
This agenda was posted on November 9, 2022 at the City Clerk’s Office, in the Council Rotunda, and the City's website.

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

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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-629, Version: 1
Inclusionary Housing Ordinance Amendment to Downtown Exemption [Salinas Municipal Code Section 17-8(d)]
Adopt an Ordinance amending Chapter 17 (Housing), Article III (Inclusionary Housing Requirements), Section 17-8(d) of the Salinas Municipal Code to eliminate an exemption for new residential construction projects in the downtown area (Central City Overlay District), but to allow an exemption for adaptive reuse projects. (Exempt from CEQA; CEQA Guidelines Section 15378)
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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: NOVEMBER 15, 2022
DEPARTMENT: OFFICE OF THE CITY ATTORNEY

COMMUNITY DEVELOPMENT DEPARTMENT
FROM: CHRISTOPHER A. CALLIHAN, CITY ATTORNEY

MEGAN HUNTER, COMMUNITY DEVELOPMENT DIRECTOR
TITLE: INCLUSIONARY HOUSING ORDINANCE AMENDMENT TO
DOWNTOWN EXEMPTION [SALINAS MUNICIPAL CODE
SECTION 17-8(d)]
RECOMMENDED MOTION:

A motion to adopt an Ordinance amending Chapter 17 (Housing), Article III (Inclusionary Housing Requirements), Section 17-8(d) of the Salinas Municipal Code to eliminate an exemption for any new residential construction projects in the downtown area (Central City Overlay District), but to allow an exemption for adaptive reuse projects.

EXECUTIVE SUMMARY:

On September 13, 2022, Community Development Department staff presented an Administrative Report to the City Council on the Inclusionary Housing Ordinance and the Downtown Area Exemption (“Downtown Exemption”). During this meeting, Council members Barrera and Rocha requested that the Downtown Exemption be brought back to the City Council for further discussion. On October 18, 2022, after lengthy discussion, the City Council recommended that the Downtown Exemption be amended to only include adaptive reuse projects because the conversion of older, in some cases historic, buildings is costly and risky, and these buildings are more likely to remain underutilized and vacant. Staff is returning to Council with the requested revision to the Inclusionary Housing Ordinance for consideration.

BACKGROUND:

On May 1, 2003, the City engaged BAE to update the study and to provide additional information regarding options for increasing the required percentage of affordable units within new residential development. In 2005, the City updated and adopted Ordinance No. 2451. Unfortunately, the new ordinance coupled with the 2008 Great Recession had a chilling effect on housing production and not a single inclusionary unit was built under the 2005 Ordinance.

As part of the City’s 2015-23 General Plan Housing Element update, the City Council authorized direction under “Action H-8: Inclusionary Housing” to update the existing Ordinance along with a nexus study. The City was anxious to update the Ordinance in anticipation of the entitlement Page | 2
processes for the West Area and Central Area Specific Plans, which were well underway. To ensure stakeholder engagement, the City Council approved the selection of the Technical Advisory Committee (TAC) to serve as the recommendation committee regarding the ordinance update. The TAC began meeting in December of 2014 and after fifteen (15) working group meetings, the amended ordinance was introduced to City Council on May 16, 2017, and subsequently adopted on June 6, 2017.

The Downtown Vibrancy Plan (“DVP”) was being developed at the same time that the Inclusionary Housing Ordinance was undergoing an update. As a result, the DVP specifically calls for an exemption to the Inclusionary Housing Ordinance for the Downtown. Before considering exempting the Downtown from the Inclusionary Housing Ordinance, the City decided to conduct a Housing Target Market Analysis (“HTMA”) to determine if it was warranted. The 2017 Housing Target Market Analysis recommended an exemption based upon significant risks to downtown residential development and the untested market potential.

DISCUSSION:

When the Inclusionary Housing Ordinance was updated in 2017, it included a Downtown Exemption. At that time, the Council supported the exemption in recognition of the number of inclusionary units already in the Downtown (Central City Overlay District) and the findings of the 2017 HTMA Study. The Council decided not to establish a time for the expiration of the exemption because of the guidance in the Housing Element, which recommended that the Inclusionary Housing Ordinance be re-evaluated every five years.

It was anticipated that the Inclusionary Housing Ordinance Update would begin in 2022.

Unfortunately, due to limited capacity, this update was postponed so staff could prioritize its pandemic response including implementation of Project Roomkey, Project Homekey, and the Emergency Rental Assistance Program (ERAP). Staff is responsible for administering grants totaling over $59 million this year alone and ensuring the phase out of significant CARES Act Funding this fiscal year.

Although staff had not yet initiated the evaluation of the Inclusionary Housing Ordinance, City Council requested that staff submit an Administrative Report on this Ordinance and the Downtown Exemption. On September 13th, staff presented the requested report to City Council. On October 18, 2022, after a lengthy discussion, City Council directed staff to amend the Ordinance to apply only to adaptive reuse residential development in the Downtown (Central City Overlay District).

The exemption would no longer apply to new residential construction in the Downtown.

The proposed amendment would modify Section 17-8(d) of the Salinas Municipal Code, as follows:

This article shall not apply to any of the following:
…
d) Residential developments Adaptive reuse projects as defined by Section 37-50.015 in the Zoning Code that are located in the downtown area (Central City Overlay District).

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unless the city council by resolution determines that, based on market conditions, the provisions of this article will be applied in the downtown area.

The “downtown area” is defined at Section 17-7(l) of the Salinas Municipal Code, as follows:
(l) ‘Downtown Area’ means the area within the boundaries of the Central City Overlay District as defined per Zoning Code [section] 37-40.300.” For reference, the map provided in Zoning Code Section 37-40.300 is provided below. To be clear, the downtown exemption applies to all areas within the area outlined in the bolded black line. The Downtown Core Area (shaded in grey) is within the boundaries of the downtown exemption.

Based on the Council’s interest in evaluating the Downtown Exemption, the City contracted with Economic and Planning Solutions to update the HTMA Study. The Study identified existing barriers to residential development especially for Adaptive Reuse Projects. Recognizing that the conversion of older, in some cases historic, buildings is costly, City Council passed an Adaptive Reuse Ordinance in 2018. The Adaptive Reuse Ordinance relaxes or eliminates identified Page | 4
development standards to incentivize the conversion of older, underutilized commercial buildings to residential use in the Central City Overlay District. Even with these incentives only 69 units have been permitted; 300 Main Street (Bruhn Building) with 19 units and 301 Main (Rabobank Building) with 50 units. A Site Plan for 123 W. Alisal (The Californian Building) with 40 units was approved but expired as the applicants found the proposed project financially infeasible.

During the October 18th meeting, City Council recognized the additional risks and costs associated with Adaptive Reuse Projects and recommended that this exemption be retained to ensure future projects are economically viable.

CEQA CONSIDERATION:

The adoption of this Ordinance is “Not a Project” as defined by the California Environmental Quality Act (CEQA) 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. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

STRATEGIC PLAN INITIATIVE:

The Inclusionary Housing Ordinance and Guidelines support the City Council’s Strategic Plan 2022-2025 Goals and Strategies including Economic Development, Housing/Affordable Housing, and Effective and Culturally Responsive Government.

DEPARTMENTAL COORDINATION:

Implementation of the Inclusionary Ordinance is coordinated and supported by multiple Divisions and Departments including, the Housing Division, Current Planning Division, Advanced Planning & Project Implementation Division of the Community Development Department; Permit Services; Economic Development; Public Works; the City Attorney’s Office; and City Administration.

FISCAL AND SUSTAINABILITY IMPACT:

To provide the necessary data for City Council to consider elimination of the Downtown Inclusionary Housing Ordinance Exemption, a contract with EPS, Inc. at a not to exceed amount of $24,990, was executed to update the Housing Target Market Analysis. It is anticipated that consultant costs for a future update of the Inclusionary Housing Ordinance including Legal Counsel will be approximately $100,000. Upon completion of a consultant RFP process, Community Development Department staff will return to request a budget augmentation.

ATTACHMENTS:

Inclusionary Housing Ordinance (IHO) Amendment to Downtown Exemption IHO Amendment to Downtown Exemption Powerpoint
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ORDINANCE NO. (N.C.S.)
AN ORDINANCE AMENDING ARTICLE III CHAPTER 17 OF THE SALINAS

MUNICIPAL CODE (INCLUSIONARY HOUSING REQUIREMENTS) TO

ELIMINATE THE EXEMPTION FOR CERTAIN RESIDENTIAL DEVELOPMENTS IN

THE CENTRAL CITY OVERLAY DISTRICT (DOWNTOWN AREA)
City Attorney’s Impartial Analysis
The proposed Ordinance amends a portion of the City’s Inclusionary Housing Ordinance (Chapter 17 of the Salinas Municipal Code) to limit those projects which are exempt from the Ordinance’s requirements. Specifically, the proposed Ordinance eliminates the exemption for new residential development projects within the Central City Overlay District that do not qualify as adaptive reuse projects.

WHEREAS, on June 6, 2017, following two years of multi-faceted community and stakeholder engagement, comprehensive data collection and analysis, and careful planning and consideration, the City Council adopted its current Inclusionary Housing Ordinance to amend Article III of Chapter 17 (Housing) of the Salinas Municipal Code; and WHEREAS, in recognition of the number of inclusionary units and projects that encompass the Central City Overlay District (Downtown Area) and in support of the community perspective outlined in the Downtown Vibrancy as well as findings and recommendations made in a 2017 Housing Target Market Analysis (HTMA) Study, the Council acknowledged the untested residential development potential within the Downtown Area and exercised its authority to implement a market-based exemption to the Ordinance; and WHEREAS, the Housing Element recommends that the Inclusionary Housing Ordinance is re-evaluated every five years for a potential update, which means that technically the City should begin the re-evaluation of the ordinance this year in 2022; and WHEREAS, due to limited capacity of Community Development Department, which was responsible for the City’s pandemic response including administration of Project Roomkey, Project Homekey, and the Emergency Rental Assistance Program (ERAP) totaling over $58 million, staff was unable to restart the Inclusionary Housing Ordinance update process; and WHEREAS, on September 13, 2022, Community Development Department staff presented an Administrative Report to the City Council on this ordinance and the Downtown Area Exemption; and
WHEREAS, during the September 13, 2022 City Council meeting, Council members Barrera and Rocha requested that that exemption provided to residential developments in the downtown area (“downtown exemption”) be brought back to the City Council for further discussion and consideration; and
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WHEREAS, on October 18, 2022, after lengthy discussion the City Council recommended that the downtown exemption be amended to only include adaptive reuse projects because the conversion of older, in some cases historic, buildings is costly and risky and because of this, these buildings are more likely to remain underutilized and vacant; and WHEREAS, the City recognizing these barriers established an Adaptive Reuse Ordinance in 2018 that relaxes or eliminates identified development standards to incentivize the conversion of these older, underutilized commercial buildings and the additional costs associated with implementation of the Inclusionary Housing Ordinance has the potential to make conversion economically infeasible.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF SALINAS AS FOLLOWS:

SECTION 1. Chapter 17, Housing of the Salinas Municipal Code is hereby amended as follows (Revisions are shown in underline/strikethrough text):

Article III. – Inclusionary Housing Requirements.

Sec. 17-8. - Exemptions
This article shall not apply to any of the following:
a) Projects that are not residential developments as defined in Section 17-7(x), including but not limited to those residential developments creating fewer than ten additional dwelling units or lots.
b) Residential developments which are developed pursuant to the terms of a development agreement executed prior to the effective date of this ordinance or which have otherwise received a vested right to proceed without conforming to this article under state law, provided that such residential developments shall comply with any affordable housing requirements consistent with the development agreement. c) Residential developments exempted by Government Code section 66474.2 or 66498.1, provided that such residential developments shall comply with any predecessor ordinance in effect on the date the application for the development was deemed complete. d) Residential developments Adaptive reuse projects as defined by Section 37-50.015 in the Zoning Code that are located in the downtown area (Central City Overlay District). , unless the city council by resolution determines that, based on market conditions, the provisions of this article will be applied in the downtown area.
e) Residential developments that have submitted a complete planning or building permit application along with full payment of required application fees to the city prior to the effective date of this ordinance, provided that such residential developments shall comply - 3 -
with any approved affordable housing plan and any predecessor ordinance applicable to the development.
f) One-hundred percent affordable low-income housing projects with either a recorded deed restriction, restrictive covenant or regulatory agreement of no less than thirty years.

SECTION 2. CEQA CONSIDERATIONS. The adoption of this Ordinance is “Not a Project” as defined by the California Environmental Quality Act (CEQA) 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. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Salinas City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty days from and after its adoption.

PASSED AND ADOPTED this 15th day of November 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
Kimbley Craig, Mayor
ATTEST:
___________________________________
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Patricia Barajas, City Clerk

INCLUSIONARY HOUSING

DOWNTOWN EXEMPTION
[SALINAS MUNICIPAL CODE SECTION 17-8(d)]
Megan Hunter, Community Development Director
City Council
November 15, 2022
Background
 2003 - Start 1992 Inclusionary Housing Ordinance (IHO) Update  2005 – IHO Update is adopted
 2008 - Great Recession negatively impacts housing production  2014 – 2nd Update to IHO is initiated.
 2017 – 2nd IHO Update is adopted to create a more flexible ordinance
 Downtown Vibrancy Plan is being updated at same time as IHO.  2017 HTMA identified significant market risks to Downtown housing development and untested market.

Discussion
 In 2017, Council supported Downtown Exemption due to
number of low-income units already in downtown and findings of 2017 HTMA Study
 Council did not set expiration date because Housing Element recommended ordinance be re-evaluated every 5 years
 Update was planned to start in 2022, but was postponed because of limited staff capacity as result of pandemic response  Council requested a report on the Inclusionary Housing Ordinance and evaluation of Downtown Exemption
 As a result, staff completed a 2022 HTMA Update that was presented on September 13th
Discussion
 On October 18th, Council directed staff to eliminate Downtown Exemption for new residential construction
 City Council recommended the Downtown Exemption be preserved to ensure future Adaptive Reuse Projects are economically viable  The 2018 Adaptive Reuse Ordinance incentivizes the conversion of older, underutilized commercial buildings to residential use  The 2022 HTMA Study identified existing barriers to residential development especially for Adaptive Reuse Projects
 Even with the Adaptive Reuse Ordinance and Downtown
Exemption, only 69 units permitted due to risk & associated costs Map of Downtown Area
Affordable Housing Projects
but to preserve for Adaptive Reuse Projects
CEQA
“Not a Project” as defined by the California Environmental Quality Act (CEQA) 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. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

Recommendation
A motion to adopt an Ordinance amending Article 3 (Housing) of Chapter 17 (Housing), Section 17-8(d) of the Salinas Municipal Code as follows:

This article shall not apply to any of the following:
…
d) Residential developments Adaptive reuse projects as defined by Section 37-50.015 in the Zoning Code that are located in the downtown area (Central City Overlay District). unless the city council by resolution determines that, based on market conditions, the provisions of this article will be applied in the downtown area.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-592, Version: 1
Renaming of Murphy Street to JD Alvarado Circle
Approve a Resolution renaming Murphy Street to JD Alvarado Circle.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: NOVEMBER 15, 2022
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, PE, PLS, DIRECTOR
BY: ADRIANA ROBLES, PE, CFM, CITY ENGINEER
TITLE: RENAMING MURPHY ST TO JD ALVARADO CIR
RECOMMENDED MOTION:

A motion to approve a Resolution renaming Murphy Street to JD Alvarado Circle.

BACKGROUND:

On February 25, 2022 Officer Jorge David Alvarado Jr. was shot and killed in the line of duty.

Officer Alvarado had joined the Salinas Police Department in August 2020 and was assigned as a patrol officer. Officer Alvarado was conducting a traffic stop the night of the tragic incident. His heroic actions during the confrontation led to the arrest of his assailant.

Officer Alvarado was born and raised in San Francisco. He enlisted in the US Army as an infantryman and was assigned to the 101st Airborne Division in Fort Campbell Kentucky. In 2011 Officer Alvarado was deployed with the 3rd Battalion, 187th Infantry Regiment to Afghanistan and earned the prestigious Combat Infantryman Badge. Officer Alvarado served four and half years as a police officer for the Colma Police Department before joining the Salinas Police Department in August 2020. During his two years with the Salinas Police Department, he received his Drug Recognition Expert certification and was posthumously assigned to the SWAT team.

In August 2022 the Public Works Director received a request to rename Murphy Street to JD Alvarado Circle in honor of Officer Alvarado. Murphy Street, previously named Tucker Street (Ordinance No. 1344), was constructed on or around 1964 as part of the East Alisal Street – Southern Pacific Railroad Grade Separation Project.

In September 2018 the City broke ground on a new police service headquarters at the corner of East Alisal Street and Murphy Street. The new facility, located at 312 East Alisal Street, was completed in May 2020. In honor of Officer JD Alvarado, the City Council is asked to consider renaming Murphy Street to JD Alvarado Circle.

Committee Consideration
Article VIII of Chapter 30 of the Salinas Municipal Code requires street names to be reviewed and approved by a street naming committee. Although an official street naming committee does not Page | 2
exist, an ad hoc committee meeting comprised of the Director of Community Development, the Director of Public Works, the Police Chief, the Fire Chief and City Engineer was convened on October 27, 2022 to review the request to rename Murphy Street. The ad hoc committee, in consultation with the Postmaster and the Monterey County Emergency Dispatch, unanimously approved and recommends the City Council to rename Murphy Street to JD Alvarado Circle.

CEQA CONSIDERATION:

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 item does not relate to any specific Council strategic goal. Renaming Murphy Street in honor of an officer lost while in the line of duty reinforces the Council’s values of service, equity, and responsiveness.

DEPARTMENTAL COORDINATION:

The Public Works Department coordinated with the Police, Fire, Community Development and Legal Department in review of the proposed name change.

FISCAL AND SUSTAINABILITY IMPACT:

Changing the street name signs will carry a cost. A new traffic signal at East Alisal Street and Murphy Street will be installed as part of CIP 9094 (Resolution No. 22239). A change order to replace the manufactured signs will be issued to cover the added cost estimated at $1000.

ATTACHMENTS:

Resolution
Officer Alvarado Obituary
Murphy St Site Plan
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RESOLUTION NO. (N.C.S.)

A RESOLUTION RENAMING MURPHY STREET TO

JD ALVARADO CIRCLE
WHEREAS, Jorge David Alvarado Jr. was born in San Francisco California where he attended Voice of Pentecost Academy High School and graduated a year early due to academic achievement; and
WHEREAS, Jorge David (JD) Alvarado enlisted into the US Army as an infantryman and was assigned to the 101st Airborne Division in Fort Campbell Kentucky; and WHEREAS, in 2011, JD was deployed with the 3rd Battalion, 187th Infantry Regiment to Afghanistan and earned the prestigious Combat Infantryman Badge for his gallantry during combat operations; and
WHEREAS, in 2016 JD joined the Colma Police Department where he served honorably for four and half years; and
WHEREAS, in August 2020, Officer JD Alvarado joined the Salinas Police Department where he received his Drug Recognition Expert certification and was posthumously assigned to the SWAT team; and
WHEREAS, on February 25, 2022, Officer JD Alvarado was shot and killed in the line of duty; and
WHEREAS, Officer Alvarado’s heroic action during the confrontation led to the arrest of his assailant; and
WHEREAS, an ad hoc Street Naming Committee met on October 27, 2022 and unanimously approved and recommends renaming Murphy Street to JD Alvarado Circle; and NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby renames Murphy Street to JD Alvarado Circle in honor and respect for our fallen officer.

PASSED AND APPROVED this 15th day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Page | 2
APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk

Murphy Street Renaming
East Alisal Street
Murphy Street
Union Pacific Railroad
Google Maps Imagery 2022 AMBAG
Salinas Police
Services
Headquarters
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-612, Version: 1
2022 Alisal Memorandum of Understanding (Alisal MOU)
Approve a Resolution authorizing the Mayor to execute the 2022 Alisal Memorandum of Understanding (Alisal MOU) between the City of Salinas and the County of Monterey related to the coordination of planning activities for implementation of the Alisal Vibrancy Plan (AVP).

City of Salinas Page 1 of 1 Printed on 11/9/2022
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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: NOVEMBER 15, 2022
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: MEGAN HUNTER, DIRECTOR
BY: LISA BRINTON, ASSISTANT DIRECTOR
TITLE: 2022 CITY/COUNTY ALISAL MEMORANDUM OF

UNDERSTANDING ( ALISAL MOU)
RECOMMENDED MOTION:

A motion to approve a resolution authorizing the Mayor to execute the 2022 Alisal Memorandum of Understanding (Alisal MOU) with the County of Monterey.

EXECUTIVE SUMMARY:

The 2022 Alisal MOU outlines an agreed upon approach for the City and County to coordinate planning activities for Alisal Vibrancy Plan (AVP) implementation, which is a City Council Economic Development Goal Strategy (2022-2025) and a Board of Supervisors Strategic Initiative, and to commit staff and financial resources to undertake identified planning activities.

The three (3) primary areas of coordination and planning are:

1. Development of a Division Avenue Opportunity Site Master Plan Concept

2. Mobility and connectivity to and between parks, government facilities and services

3. Coordination of resources and expansion of health and mental health services The term of the Alisal MOU is five (5) years, expiring September 30, 2027. The terms of the MOU require that an annual review, including an update on the Schedule of Performance (Exhibit A to the MOU), be presented to the Council in October of each year. The Alisal MOU is provided as an attachment to this report as Exhibit A to the resolution. This report provides a summary of the MOU terms and provisions.

Should the Council authorize the execution of the MOU, funding for the City’s portion of master planning activities ($50,000) would come from CIP 9247 (Alisal Vibrancy Plan Implementation – Outside Services Other Professional Services 63.5900).

BACKGROUND:

In November 2019, the City of Salinas City Council unanimously adopted the Alisal Vibrancy Plan (AVP) as a community driven, action oriented strategic planning document for the Alisal neighborhood in East Salinas. AVP priorities focus on the production of affordable housing, safe Page | 2
pedestrian and bicycle access to community parks, government facilities and services, and increased health and mental health services in the Alisal.

In August 2021, the City and County established a joint ad hoc committee (“Committee”) focused on the development and implementation of City and County agreements such as the Greater Salinas Area Memorandum of Understanding (“GSA-MOU”) and the Downtown Government Center Memorandum of Understanding (“Downtown MOU”). In March 2022, the Committee expressed an interest in the Alisal neighborhood as an area of joint coordinated planning to further the recommendations identified in the AVP and support the County Board of Supervisor’s Strategic Initiatives. On April 18, 2022, the Committee toured the Division Avenue Opportunity and in June 2022 the Committee provided direction to staff to prepare a Memorandum of Understanding focused on planning and coordination efforts in the Alisal neighborhood (Alisal MOU).

On September 23, 2022, City and County staff presented the draft Alisal MOU to the Committee.

The Committee further directed staff to present the Alisal MOU to the respective Council and Board for consideration with a recommendation to adopt and implement. City staff also shared the draft Alisal MOU with the AVP Implementation Committee via email. No comments were received at the time of submission of this report.

DISCUSSION:

The 2022 Alisal MOU has three primary areas of focus for City and County coordination and collaboration: 1) affordable housing, 2) mobility and connectivity, and 3) increased health and mental health services. A summary of each focus area objective and primary planning and coordination activities is provided below.

Division Avenue Opportunity Site Master Planning Activities A key objective of coordinating master planning efforts at the Division Avenue Opportunity Site is to ensure the maximum production of affordable housing, associated amenities and government and community services. A map of the Division Avenue Opportunity Site and a listing of property ownership is provided as Exhibit B to the Alisal MOU. Under Section I of the MOU, the County and City (Parties) agree to work collaboratively to undertake feasibility and master planning activities (Planning Activities) for the identified City and County owned parcels. Key provisions include the following:

A. The Parties will designate staff who will meet at least monthly to: a) jointly develop project goals, objectives and actions; b) share Planning Activity progress and expenditure reports; and c) jointly develop proposals and scopes of work for a Master Plan Concept for Phase I and Phase II as identified on Exhibit C to the MOU (Opportunity Site Concept).

B. The Parties will contribute fifty percent (50%) each of the cost for a Master Plan Concept development, as outlined in Exhibit A of the MOU for a combined total, not to exceed amount of $100,000 for Fiscal Year 2022-2023, of which the City will contributed up to $50,000 to fund its portion of Planning Activity costs.

Page | 3
C. The Parties agree to individually fund staff time for the roles and responsibilities outlined in Exhibit A of the MOU. Staff shall identify, pursue, and administer funding in support of Planning Activities.

D. The City of Salinas agrees to lead and coordinate Phase I Planning activities and the County of Monterey agrees to concurrently take lead and coordinate Phase II Planning Activities.

Exhibit A to the Alisal MOU is a Schedule of Performance which includes a list of Master Planning Activities, identifies the lead party for implementation, and provides estimated completion dates.

Division Avenue Opportunity Site. In October 2020, the City released a Notice of Surplus Lands and a Request for Proposals (RFP) seeking a developer for the Division Avenue Opportunity Site.

One complete proposal was received by the extended deadline in January 2021. Over the past year, staff has met with the developer and the adjacent property owner to discuss options for maximizing the development of affordable housing and community amenities and services outlined in the AVP Division Avenue Opportunity Site Concept provided as Exhibit C to the MOU. Staff anticipate returning with an Exclusive Negotiating Rights Agreement (ENRA) with the developer for City Council consideration early 2023.

Mobility and Connectivity
Section II of the MOU calls for the Parties to agree to work collaboratively to improve and expand a pedestrian and bicycle network that provides for attractive, safe, and convenient pedestrian crossings, linkages, trails, and green/open spaces between and among government service facilities, city parks, and primary commercial corridors in accordance with the AVP as shown on Exhibit D – Proposed Trail Network to the MOU.

Coordination of Resources and Expansion of Services
Section III of the MOU identifies increased access to and expansion of health and mental health services as a priority. The Parties agree to coordinate and collaborate on opportunities to improve access to and increase the availability of mental health, physical health, and social services resources and activities. This includes, but is not limited to, coordinating, and facilitating the implementation of AVP recommendations to increase the number of locations, expand hours, and improve ease of access and the provision of bilingual and bicultural services.

Other Provisions

1. Term: Five (5) years (November 15, 2022 to September 30, 2027). The period of performance may be extended or shortened by written agreement of the Parties.

2. Schedule of Performance: An Annual Report on the Schedule of Performance is to be provided to the City Council and Board of Supervisors in October each year.

3. Amendments/Revisions: The MOU and/or Schedule of Performance may be amended by written consent and agreement of both Parties.

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4. Right of Entry: The MOU outlines the terms and conditions for Parties and their representatives to enter upon the other Party’s property to conduct Master Planning Activities.

CEQA CONSIDERATION:

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 adoption of an MOU, may have a significant effect on the environment, the activity is not subject to CEQA. This MOU outlines the City and County’s intent for planning and policy coordination for implementation of the AVP. If recommended policies or actions progress to a “project” level further CEQA analysis will be required to address potential environmental impacts of the proposed project.

STRATEGIC PLAN INITIATIVE:

Implementation of the Alisal Vibrancy Plan is listed as strategy under the City Council’s 2022-2025 Goal of Economic Development. The 2022 Alisal MOU outlines City/County coordination and collaboration to further AVP priorities of Division Avenue Opportunity Site development, develop a safe and attractive pedestrian and bicycle network and increase access to and expansion of health and mental health services.

DEPARTMENTAL COORDINATION:

Community Development staff led 2022 Alisal MOU preparation for the City. Community Development and Public Works staff attend monthly City/County coordination meetings, quarterly Joint Ad Hoc MOU Committee meetings and had several meetings with County staff focused on the MOU development and the identification of focus area objectives, Planning Activities and the Schedule of Performance.

FISCAL AND SUSTAINABILITY IMPACT:

Staff’s time to collaborate with the County on the preparation and implementation of the MOU is already allocated in the City’s budget for review of inter-agency projects and issues. There will be capital expenditures and other costs associated with implementing the proposed Master Planning Activities listed on the Schedule of Performance (Exhibit A to the MOU). Should the Council authorize the execution of the MOU, funding for the City’s portion of master planning activities ($50,000) would come from CIP 9247 (Alisal Vibrancy Plan Implementation – Outside Services Other Professional Services 63.5900).

ATTACHMENTS:

1. Resolution authorizing the Mayor to execute the 2022 Alisal MOU a. Exhibit A: draft 2022 Alisal MOU
RESOLUTION NO. (N.C.S.)

A RESOLUTION OF THE SALINAS CITY COUNCIL AUTHORIZING

THE MAYOR TO EXECUTE A MEMORANDUM OF

UNDERSTANDING WITH THE COUNTY OF MONTEREY FOR MUTUAL PLANNING AND

COORDINATION OF RESOURCES AND SERVICES TO IMPLEMENT THE ALISAL VIBRANCY PLAN (AVP) AND APPROPRIATING $50,000 FROM CIP 9247 (AVP

IMPLMENTATION) FOR MASTER PLANNING ACTIVITIES
WHEREAS, on November 5, 2019, by Resolution 21731, the Salinas City Council unanimously accepted the Alisal Vibrancy Plan (“AVP”) as a strategic planning document; and WHEREAS, the AVP is an action-oriented, comprehensive strategy for Salinas’ Alisal (East Salinas) neighborhoods; and
WHEREAS, AVP implementation is a priority City Council Economic Development Goal Strategy (2022-2025); and
WHEREAS, AVP priorities focus on the production of affordable housing, safe pedestrian and bicycle access to community parks, government facilities and services, and increased health and mental health services in the Alisal; and
WHEREAS, in August 2021, the City and County established a joint ad hoc committee (“Committee”) focused on the development and implementation of City and County agreements such as the Greater Salinas Area Memorandum of Understanding (“GSA-MOU”) and the Downtown Government Center Memorandum of Understanding (“Downtown MOU”); and WHEREAS, in March 2022, the Committee expressed interest in the Alisal (East Salinas) neighborhood as an area of opportunity for coordinated planning; and WHEREAS, in April 2022 the Committee toured the Division Avenue Opportunity Site and in June 2022 provided direction to staff to prepare an MOU focused on planning and coordination efforts in the Alisal and AVP implementation; and
WHEREAS, in September 2022 City and County staff presented the draft Alisal MOU to the Committee; and
WHEREAS, the Committee further directed staff to present the Alisal MOU to the respective Council and Board for consideration with a recommendation to adopt and implement.

WHEREAS, Section 15061 (b) (3) of the 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 adoption of an MOU, may have a significant effect on the environment, the activity is not subject to CEQA; and WHEREAS, this MOU only outlines the City’s and County’s intent for planning, policy and service coordination for the implementation of the Alisal Vibrancy Plan including conducting due diligence, feasibility and planning activities for the Division Avenue Opportunity Site, all of which can be seen with certainty to have no possible significant effect on the environment; and WHEREAS, if recommended policies or actions progress to a “project” level further CEQA analysis will be required to address potential environmental impacts of a proposed project.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby approves the attached Memorandum of Understanding between the County of Monterey and the City of Salinas regarding mutual planning and implementation of the Alisal Vibrancy Plan, provided as Exhibit A, in substantially the form submitted to the City Council and Board of Supervisors of the County, and authorizes the Mayor to execute the Memorandum of Understanding on behalf of the City. The funding source for the City’s portion of master planning activities ($50,000) is CIP 9247 (Alisal Vibrancy Plan Implementation – Outside Services Other Professional Services 63.5900).

BE IT FURTHER RESOLVED that this Resolution shall take immediate effect upon adoption.

PASSED AND APPROVED this 15th day of November 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Kimbley Craig, Mayor
ATTEST:

Patricia M. Barajas, City Clerk
2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 1

MEMORANDUM OF UNDERSTANDING
between

THE COUNTY OF MONTEREY
and

THE CITY OF SALINAS
regarding the

MUTUAL PLANNING AND COORDINATION OF RESOURCES AND SERVICES TO

IMPLEMENT THE ALISAL VIBRANCY PLAN
This Memorandum of Understanding (MOU) is between the County of Monterey (“County”) and the City of Salinas (“City”), which hereafter may be referred to as “Parties”, regarding the mutual planned coordination of resources and services to implement the Alisal Vibrancy Plan (“AVP”) and the County Board of Supervisor’s Strategic Initiatives (Strategic Initiatives).

WHEREAS, on November 5, 2019, by Resolution 21731, the Salinas City Council unanimously accepted the Alisal Vibrancy Plan (“AVP”) as a strategic planning document; and WHEREAS, the AVP is an action-oriented, comprehensive strategy for Salinas’ Alisal (East Salinas) neighborhoods; and
WHEREAS, AVP implementation is a priority City Council Economic Development Goal Strategy (2022-2025); and
WHEREAS, AVP priorities focus on the production of affordable housing, safe pedestrian and bicycle access to community parks, government facilities and services, and increased health and mental health services in the Alisal; and
WHEREAS, the AVP identified several opportunity sites, including Division Avenue shown on Exhibit B (City/County Owned or Leased Property – Division Avenue Opportunity Site.) for the development of affordable housing, community amenities, and government health and mental health services; and
WHEREAS, the City owns seven small parcels, approximately 2.5 acres in total, on the west side of Division Avenue with one small building fronting Market Street as identified and shown on Exhibit B); and
WHEREAS, based on conversations held at community workshops, steering committee meetings and “pop-up” community activities, a community-driven vision for the site was developed and analyzed by the AVP consultant team and accepted by the community; and 2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 2 WHEREAS, in October 2020, the City issued a Request for Proposals seeking a developer team to design, build, and manage the development of a project that implements the vision articulated by the community for the Division Avenue Opportunity Site, with preference for affordable housing as shown on Exhibit C; and
WHEREAS, the AVP’s priorities are in support of the County’s goal of “To enhance and improve County services to assure an adequate safety net and quality of life for all County residents”; and WHEREAS, the County’s Strategic Initiative under its Health and Human Services Policy Area, “To improve health and quality of life through County supported policies, programs, and services; promoting access to equitable opportunities for healthy choices and healthy environments in collaboration with communities”, directly supports the community’s vision for the Alisal; and WHEREAS, the County owns two parcels, approximately 8.5 acres in total, at the intersection of N. Sanborn Road and Circle Drive, adjacent to the Division Avenue Opportunity Site; and WHEREAS, the County is currently building an 18,000 square foot integrated health facility at 331 N. Sanborn Road, a one-acre county owned parcel, to bring mental health and primary care services to children, youth, and their families; and
WHEREAS, the County owns and operates a Youth Center facility at 970 Circle Drive, located on two parcels totaling eight (8) acres as identified and shown on Exhibit B; and WHEREAS, County desires to expand availability of health, mental health, and social services at the eight (8) acre parcel when available, in response to the community’s vision for the Alisal; and WHEREAS, in April 2022, the Monterey County Board of Supervisors directed staff to move forward with a feasibility study through an outside consultant at the cost of $70,000 to consolidate the Youth Center with the new Juvenile Hall; and
WHEREAS, in August 2021, the Parties established a joint ad hoc committee (“Committee”) focused on the development and implementation of City and County agreements such as the Greater Salinas Area Memorandum of Understanding (“GSA-MOU”) and the Downtown Government Center Memorandum of Understanding (“Downtown MOU”); and WHEREAS, in March 2022, the Committee expressed interest in the Alisal as an area of opportunity for coordinated planning; and

WHEREAS, in April 2022 the Committee toured the Division Avenue Opportunity Site and provided direction to staff to prepare an MOU focused on planning and coordination efforts in the Alisal and Alisal Vibrancy Plan implementation; and
WHEREAS, Section 15061 (b) (3) of the 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 adoption of an MOU, may have a significant effect on the environment, the activity is not subject to CEQA; and 2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 3 WHEREAS, this MOU only outlines the City’s and County’s intent for planning, policy and service coordination for the implementation of the Alisal Vibrancy Plan including conducting due diligence, feasibility and planning activities for the Division Avenue Opportunity Site, all of which can be seen with certainty to have no possible significant effect on the environment; and WHEREAS, if recommended policies or actions progress to a “project” level further CEQA analysis will be required to address potential environmental impacts of a proposed project.

WHEREAS, the following Exhibits A-F are attached and incorporated by this reference, Exhibit A: Schedule of Performance – Planning Activities Exhibit B: City/County Owned or Leased Property – Division Avenue Opportunity Site Exhibit C: Division Avenue Opportunity Site Concept
Exhibit D: Proposed Trail Network
Exhibit E: Expansion of Services – Alisal Integrated Health Center Exhibit F: Funding and Reimbursement Terms

NOW, THEREFORE,

AGREEMENT
The Parties mutually agree to undertake the actions specified in this MOU to support the implementation of policies and actions recommended in the Alisal Vibrancy Plan and in support of the County Board of Supervisor’s Strategic Initiatives. The Parties further agree the recitals set forth above are true and correct.

I. Division Avenue Opportunity Site Planning Activities Parties agree to work collaboratively to undertake feasibility and planning activities (“Planning Activities”) for the phased redevelopment of the Division Avenue Opportunity Site consistent with the AVP concept and Strategic Initiatives. The City will lead Planning Activities for design and development of City owned parcels identified as “Phase I” and the County will be lead for design and development of County owned parcels identified as “Phase II” as shown on Exhibit B – City/County Owned or Leased Property – Division Avenue Opportunity Site. Parties agree to coordinate master planning efforts to ensure maximum production of affordable housing, associated amenities and government and community services.

During Planning Activities, the Parties agree to:

1. Dedicate personnel and resources
a. Designate staff (the “Project Managers”) to coordinate Planning Activities as set forth in Exhibit A – Schedule of Performance – Planning Activities (Exhibit A); 2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 4 b. Meet regularly, no less than monthly or more frequently as necessary to coordinate the timely completion of Planning Activities

2. Coordinate and collaborate on the efficient completion of Planning Activities a. Jointly develop project goals, objectives, and actions; b. Share Planning Activities progress and reports;
c. Share relevant property and environmental records, reports, and studies as they become available;
d. Work collaboratively to review development proposals and scopes of work for a Master Plan Concept for Phase I and Phase II;
e. Ensure that any joint vendor procurement activities and/or RFPs are conducted and reviewed collaboratively, fairly, and transparently, including joint input; and f. Bring forward any approval documents related to Planning Activities to its respective governing body for consideration.

3. Contribute fifty percent (50%) each of the costs of Master Plan Concept development as outlined in Exhibit A, and as authorized for the Division Avenue Opportunity Site, as outlined in Exhibit F – Funding and Reimbursement Terms (Exhibit F). Exhibit F may be updated and total funding increased if subsequent funding is authorized without the need for revision to this MOU and upon mutual agreement of the Parties. The City Manager and the County Administrative Officer are specifically authorized to administratively revise Exhibit F as necessary and mutually agreed upon to address new or changed circumstances or make other revisions to implement the understandings of this MOU;

4. Individually fund staff time for the roles and responsibilities outlined in this MOU and Exhibit A – Schedule of Performance; and

5. Identify, pursue and administer funding in support of Planning Activities.

The City of Salinas agrees to lead and coordinate Phase I Planning Activities including, but not limited to:
a. Devote and fund personnel and other resources, to coordinate and lead Planning Activities for Phase I, in collaboration with community partners, subject to available funding.
b. Submit invoices to the County for reimbursement of accrued Planning Activity expenditures according to City processes and as described in Exhibit F. c. Undertake site due diligence and complete any additional technical studies required to prepare the city-owned Division Avenue Opportunity Site parcels for development.
d. Select and enter into an Exclusive Negotiation Rights Agreement with a developer team to design, build, and manage the development of a project that implements the vision articulated by the community.
e. Engage adjacent property owners to maximize development opportunity and, if appropriate, develop and enter into a Memorandum of Understanding with adjacent property owners.
2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 5 f. Develop and lead a Phase I community engagement strategy with concurrence from the County.

Concurrently with Phase I Planning Activity, the County of Monterey agrees to lead and coordinate Phase II Planning Activities including, but not limited to:
a. Devote and fund personnel and other resources to coordinate and lead Planning Activities for Phase II, in collaboration with the County departments and other community partners, subject to available funding.
b. Reimburse the City upon receipt of an invoice according to County processes and as described in Exhibit F.
c. Provide other support to City necessary for the efficient completion of Planning Activities. Such support may include, but not be limited to, scope of work development, consultant selection, review of prepared documents, provision of documents and information in the County’s possession, management of third-party contracts, processing of any necessary entitlements and permits, and other such support including participating in community engagement activities, as may be mutually agreed upon.
d. Coordinate County department capital project needs in the Alisal community. e. Develop and lead a Phase II community engagement strategy with concurrence from the City.
f. Add project needs to the Five-Year Plan (CIP) to illustrate priorities and potential funding needs for the Board of Supervisors consideration.

II. Mobility and Connectivity
The Parties agree to work collaboratively to improve and expand a pedestrian and bicycle network that provides for attractive, safe, and convenient pedestrian crossings, linkages, trails, and green/open spaces between and among government service facilities, city parks, and primary commercial corridors in accordance with the Alisal Vibrancy Plan as shown on Exhibit D – Proposed Trail Network (Exhibit D). Planning and coordination activities include, but are not limited to
 evaluating primary points of access/existing connections,  seeking funding to improve existing trails/paths,
 identifying opportunities to expand connectivity and complete missing links,  placement of safe crossings,
 standardizing lighting and directional signage, and
 development of joint maintenance agreements.

III. Coordination of Resources and Expansion of Services Increased access to and expansion of health and mental health services is a stated priority of the AVP. The Parties agree to coordinate and collaborate on opportunities to improve access to and increase the availability of mental health, physical health, and social services resources and activities. This includes, but is not limited to, coordinating, and facilitating the implementation of AVP recommendations to increase the number of locations, expand hour hours, and improve ease 2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 6 of access and the provision of bilingual and bicultural services. Coordination activities may also include dedicating and leveraging of resources to further public health through, public art, farmers markets, and coordination of resources to respond to emergency situations.

IV. Other Provisions

1. The Parties agree to explore partnerships and to co-leverage funding wherever the potential exists, to fund planning activities, capital improvements and expansion of services deemed to be mutually beneficial to the implementation of the AVP and Strategic Initiatives. These may include, but are not limited to, various forms of financing and State and federal program and funding resources.

2. The Parties intend that this MOU and any subordinate documents do not constitute an entitlement for development, such development being the subject of other actions by public entities or of permits to be sought at later times. It is also the intent of the Parties that this MOU does not constitute a “project” for purposes of the California Environmental Quality Act (“CEQA”), and that any future development as may be described herein be subject to all requirements of law, including CEQA. Execution of the MOU constitutes a good faith agreement to work toward the mutual policy objectives as outlined herein, reserving for the future any specific project approvals or plans. Any specific project approvals shall become effective if and only after such applications have been considered by the City and/or County in their sole discretion following the conduct of all legally required procedures, including without limitation, all required environmental review processes and all other applicable governmental approvals.

3. The Parties agree to commence and use their best efforts to complete the actions within the projected timeframes set forth in the Schedule of Performance attached to this MOU as Exhibit A.

4. Right of Entry. The Parties and their representatives shall have full rights to enter upon the other Party’s property (the “Property”) to conduct inspections and investigations in accordance with this MOU. In connection with such entry and investigation, the Parties and their representatives shall:
a. For undeveloped parcels, provide 24-hour notice to the other Party prior to entry; b. For occupied facilities, the other Party must coordinate visit as to not disrupt operations and/or security requirements;
c. Repair and restore any damage it may cause;
d. Indemnify, defend and hold the other Party, its decision making body (Board of Supervisors or City Council) and its officers, employees and agents harmless from any and all claims, liabilities, damages, losses, expenses, costs and fees (including attorneys’ fees and costs), with the exception of any injury or death to City or County staff or their consultants which may proximately arise out of the Parties’ or their consultants’ entry upon the Property or the investigation(s) and test(s) which the Parties may conduct, arising out of the negligent or intentional acts of 2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 7 the Parties or dangerous conditions on the Property for which the property owner should know or have known to exist, provided, however, that this indemnity shall not apply to matters arising from the results of the Party conducting investigations, tests and inspections (e.g., this indemnity shall not apply to any diminution in value or remediation costs incurred by the property owner if the other Party’s investigations were to discover an environmental condition that required remediation); and
e. Maintain insurance or a self-insured program with the following limits: $1 million general liability, and workers compensation insurance as statutorily required.

V. General Provisions

1. This MOU is effective from November 15, 2022, and shall remain in force until September 30, 2027, unless extended or sooner terminated by mutual consent of the Parties. The period of performance may be extended or shortened by written agreement of the Parties. The City Manager and the County Administrative Officer are specifically authorized to extend the period of performance of this MOU for up to one year. The City Council and Board of Supervisors shall approve any extension in the period of performance which exceeds one year.

2. Either Party hereto may terminate this MOU at any time by giving thirty (30) days written notice to the other Party. Upon termination, each Party shall remain responsible for reimbursement for Planning Activities as provided earlier in this document up through the effective date of termination. Documents prepared and information collected as a part of the Planning Activities shall remain the joint property of the City and County, and neither Party shall utilize said documents or information for any purpose without the express written permission of the other Party.

3. This MOU shall be reviewed by the City Council and the Board of Supervisors in October of each year following the effective date of this MOU. As part of the annual review, a written report shall be prepared by the City Manager and County Administrative Officer, or their designees, documenting the progress of this MOU. The annual review shall include a status update to the Schedule of Performance showing the completion and funding status of each action and any revisions from the previous year’s report. The annual report shall be made available to Alisal community stakeholders for review and comment before the consideration of the report by either the City Council or Board of Supervisors.

4. The Schedule of Performance may be revised upon the written consent and agreement of both Parties. The City Manager and the County Administrative Officer are specifically authorized to administratively revise the Schedule of Performance as necessary to address new or changed circumstances, add, delete, or modify actions or completion dates, or make other revisions as necessary to implement the understandings of this MOU. The City Manager and County Administrative Officer shall have the right to refer any proposed revision of the Schedule of Performance to the City Council and Board of Supervisors for their consideration. The City Manager and County Administrative Officer shall inform the City Council and Board of Supervisors of any changes in the Schedule of Performance – Planning Activities (Exhibit A).
2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 8

5. This MOU constitutes the entire agreement and understanding between the Parties, and supersedes any prior or contemporaneous agreement, or understandings, if any, with regard to the purposes of this MOU. Except as may be specifically identified within this MOU, any changes or modifications shall be accomplished by a written amendment to this MOU executed by the duly authorized representatives of the Parties.

6. In the event of a dispute arising out of the performance of this MOU, either Party may send a written notice of dispute to the other Party. Within fifteen working days of receipt of such notice, the notified Party shall respond and agree to a meeting for the purpose of negotiating a settlement or procedure for settlement of the dispute.

7. Except as provided under “Right of Entry” in Section 1 above, the Parties shall defend, indemnify and hold each other and their respective officers, employees, and agents harmless from and against any and all liability, loss, expense, including reasonable attorney’s fees, or claims for injury or damages arising out of the performance of this MOU, but only in proportion to and to the extent such liability, loss, expense, attorney’s fees, or claims for injury or damages are caused by or result from the negligent acts or omissions or willful misconduct of their respective officers, agents, or employees.

8. Any notice to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the Parties):

COUNTY OF MONTEREY
County Administrative Officer
168 W. Alisal St.

Salinas, CA 93901-2439
Copy: Office of the County Counsel
Public Works, Facilities and Parks
Housing and Community Development
Health Department
Department of Social Services

CITY OF SALINAS
City Manager
200 Lincoln Avenue
Salinas, CA 93901
Copy: City Attorney
Community Development Department
Public Works Department

2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 9

SIGNATURES CONTINUED ON NEXT PAGE
2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 10 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding as set forth below:

County of Monterey
_______________________ ______________
Mary Adams Date
Chair
Approved as to Form:

Office of the County Counsel
Leslie J. Girard, County Counsel
_______________________ ______________
Mary Grace Perry Date
Deputy County Counsel
City of Salinas
_______________________ ______________
Kimbley Craig Date
Mayor
Approved as to Form
_______________________ ______________
Christopher A. Callihan Date
City Attorney

LIST OF EXHIBITS
Exhibit A: Schedule of Performance
Exhibit B: City/County Owned or Leased Property – Division Avenue Opportunity Site Exhibit C: Division Avenue Opportunity Site Concept
Exhibit D: Mobility and Connectivity Trail Network (update Soccer Complex figure) Exhibit E: Expansion of Services – Alisal Integrated Health Center Exhibit F: Funding and Reimbursement Terms
2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 11

EXHIBIT A
SCHEDULE OF PERFORMANCE – Planning Activities
The Parties endeavor to comply with the following schedule and milestones in relation to Planning Activities related to implementation of this MOU.

Action Item Lead Party Completion Date
Development of community engagement and
participation strategy for all stages of Planning
Activities
City/County On-going
Discussion and coordination with adjacent
property owner and developer team to explore
partnership and proposed development concept
City Fall 2022/Winter 2023
Preparation of Exclusive Negotiation Rights
Agreement with development team for Phase I. City Fall 2022/Winter 2023 Assembly of existing technical studies and site
analysis City Fall 2022/Winter 2023
Identification of Phase I/II predevelopment
activities City/County Fall 2022/Winter 2023
Develop scope of work and issue Request for
Proposals seeking consultant team to develop a
Phase I and II master plan concept to include
site preparation analysis addressing access,
connectivity and infrastructure.

City/County Fall 2022/Winter
2023
Identify any additional technical studies and/or
fiscal analysis required for CEQA or project
financing for Phase I. City Winter 2023
Coordinate County department capital project
needs in the Alisal community. County Winter/Spring 2023 Youth Facility Consolidation study County Spring 2023
Five-Year Plan (CIP) to identify Capital
priorities and potential funding needs for the
Board of Supervisors consideration.

County Spring 2023
2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 12 Action Item Lead Party Completion Date
Determination of final project description and
commencement of CEQA review. City Summer 2023
Preparation and certification of documentation
necessary for CEQA compliance City Summer 2023 –
Spring 2024
Completion of the Alisal Integrated Health
Clinic at 331 N. Sanborn
County Fall 2023
Preparation Land Disposition Agreement for Site
development. City Winter 2023/Spring
2024
Process Phase I entitlement and permit
applications. City Winter 2023/Spring
2024
2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 13

EXHIBIT B

CITY/COUNTY-OWNED OR LEASED PROPERTY WITHIN

THE GREATER DIVISION AVENUE OPPORTUNITY SITE
AREA
The table below describes potential real property owned or leased (controlled) by the City and County that are within the Greater Division Avenue Opportunity Site Area Alisal defined by the planning area boundary of the Alisal Vibrancy Plan.

City/
County
Controlled
Description/
Square footage Address APN Current Use
City 19,855.67 (.46
acres)
115
Division
Avenue
004091026000 undeveloped
City 16,356.15 (.38
acres)
123
Division
Avenue
004091027000 undeveloped
City 14,703.33 (.34
acres)
137
Division
Avenue
004091028000 undeveloped
City 16,999.35 (.39
acres)
145
Division
Avenue
004091029000 undeveloped
City 3,200.77 (.69
acres)
151
Division
Avenue
00409103000 undeveloped
City 16,834.88 (.39
acres)
923 E.

Market
Street
004091025000 undeveloped
City 1,895.78 (.04
acres)
Division
Avenue
004091038000 undeveloped
County (5.33 acres)
(2.68 acres)
970 Circle
Drive
004601055000
004601056000
County Youth Center
Facility
County (1.3 acres) 331 N.

Sanborn
Road
004601015000 County Health Department
Alisal Integrated Health
Center
2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 14 2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 15

EXHIBIT C

OPPORTUNITY SITE CONCEPT
Division Avenue Concept: Residential, office, and open space

LAND USE NUMBER OF UNITS OR

APPROXIMATE SQUARE
FEET

DESCRIPTION

RESIDENTIAL USES
2-STORY TOWNHOUSES
Total Units: 42
76,000 SF
 20 Two-bedroom units
 22 three-bedroom units
 Parking is tuck-under

COMMERCIAL

USES/OFFICE
9,000 SF Corridor uses that strengthens
the street wall while maintaining
neighborhood scale.

PUBLIC PARK/OPEN

SPACE USES
27,000 SF  Public park along E. Market
St.
 Multi-use path provides a
connection to Cesar Chavez
community park.

COMMUNITY PLAZA 4,000 SF Gathering space and amenity

DETENTION/DRAINAGE
AREA
43,000 SF Existing detention/drainage
areas are preserved.
2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 16

EXHIBIT D

MOBILITY AND CONNECTIVITY TRAIL NETWORK
2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 17

EXHIBIT E

EXPANDED SERVICES - ALISAL INTEGRATED HEALTH CENTER

EXHIBIT F
2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 18

FUNDING AND REIMBURSEMENT TERMS

DUTIES AND RESPONSIBILITIES
Financial Contribution to Master Planning Activity Costs The Parties agree to contribute equally toward the costs associated with Planning Activities of the Greater Division Area, as outlined in Exhibit A, for a total not to exceed amount of $100,000 ($50,000 each). Each party is responsible for contributing and funding staff time related to this agreement, which is in addition to the $100,000. City shall recommend a funding source for City Council consideration and approval. County shall recommend a funding source for the Board of Supervisors consideration and approval.

It is recognized that periodically the County or City may authorize additional funds for the project, and it is the intent of the parties that this Exhibit F be updated administratively to reflect updated funding as periodically approved by the Board and/or Council. Parties may agree to each equally increase the funds available for costs associated with the Planning Activities as approved by the Board and/or Council as applicable.

Project Status and Financial Accounting Reports
Not less than quarterly, the Parties agree to provide the other with a project status report for activities conducted and financial accounting of expenditures to include a running total of expenditures to date and forecast of anticipated expenditures for Planning Activity costs for the Parking Facility. The Parties’ respective financial accounting shall include a summary of all expenditures on Planning Activities. Expenditure summary is to include, but not limited to, a breakdown of time, individual completing the work, hourly rates, expenses, and any further information necessary.

Payment Provisions
Parties warrant that the costs charged for services under the terms of this MOU are not in excess of those charged to any other party for the same services by the same individuals.

Reimbursement of City Expenditures
City will submit invoices to the County for reimbursement of accrued expenditures for Planning Activity costs incurred by the City. All consultant invoices shall include a detailed breakdown of the time worked on each task, the individual completing the work, the hourly rates, and expenses, receipts for all materials and supplies, and any further information necessary to substantiate expenditures. County shall reimburse the City for one-half of City’s actual costs. For contracts managed by City, County shall, in addition to reimbursing actual costs, reimburse the City for its administrative overhead at a rate equal to one-half of its generally applicable administrative overhead rate, not to exceed fifteen percent (15%).

Invoices shall be submitted electronically to the County Public Works, Facilities and Parks Department via email to [email protected], with a copy to Lindsay Lerable ([email protected]) and Dave Pratt ([email protected]). County shall pay the City an amount not to exceed $50,000 for Planning Activity costs incurred by the City. County will provide reimbursement in accordance with the County’s processes upon receipt of an invoice from the City.
2022 County-City Alisal Vibrancy Plan Final Draft MOU 10.20.2022 Page 19 Reimbursement of County Expenditures
County will submit invoices to the City for reimbursement of accrued expenditures for Planning Activity costs incurred by the County. All consultant invoices shall include a detailed breakdown of the time worked on each task, the individual completing the work, the hourly rates, and expenses, receipts for all materials and supplies, and any further information necessary to substantiate expenditures. City shall reimburse the County for one-half of County’s actual costs.

For contracts managed by County, City shall, in addition to reimbursing actual costs, reimburse the County for its administrative overhead at a rate equal to one-half of its generally applicable administrative overhead rate, not to exceed fifteen percent (15%).

Invoices shall be submitted electronically to the City Economic Development Division via email to Michael Gomez at [email protected]. City shall pay the County an amount not to exceed $50,000 for Planning Activity costs incurred by the County. City will provide reimbursement in accordance with the City’s processes upon receipt of an invoice from the County.

City/County Alisal Memorandum of Understanding
Lisa Brinton, Assistant Community Development Director
City Council – November 15, 2022
1 Background
2 Joint Ad Hoc MOU Committee
• Established August 2021 to focus on development and
implementation of City/County Agreements
Greater Salinas Area MOU
Downtown Government Center MOU
• June 2022 - directed staff to prepare an MOU for planning and coordination efforts in the Alisal.
• September 2022 - recommended draft MOU be considered by Board and Council.

Topics covered in Draft Alisal MOU
• Division Avenue Master Planning Activities, Schedule and Funding • Mobility and Connectivity - Trail System Map
• Coordination of Resources and Expansion of Health and Mental Health Services
Division Avenue Opportunity Site and Concept
3 Division
Avenue Master
Planning
Activities
4 Dedicate personnel and resources
Fund staff time to implement Activities outlined in
Schedule of Performance
City lead Phase I
County lead Phase II
Contribute 50% of Master Plan concept cost (up to
$50,000 each)
Division
Avenue Master
Planning
Activities
5 October 2022 - City released a Notice of Surplus Land and Request for Proposals for Division Avenue Site
One complete proposal received in January 2021
Exploring options with developer and adjacent property
owner to maximize the development of affordable
housing and community amenities and services
Staff to bring ENRA with Developer to Council early 2023 Mobility and
Connectivity
Trail Network
6 Coordination
of Resources
and Expansion
of Services
7 AVP Priority to improve access to mental health,
physical health, and social service resources
Focus on increasing the number of locations,
expanding hours, ease of access, and provision
of bilingual and bicultural services
Dedication and leveraging of resources to further
public health; public art, farmers markets, and
coordinated emergency response
Recommendation
8 Funding source for City’s portion of master planning activities ($50,000): CIP 9247 (AVP Implementation).

Adoption of MOU is not a project under CEQA guidelines. If recommended policies or actions progress to a “project” level further CEQA analysis will be required.

Implementation of the Alisal Vibrancy Plan is listed as strategy under the City Council’s 2022-2025 Goal of Economic
Development.

Approve a resolution authorizing the Mayor to execute the 2022 Alisal MOU with the County of Monterey
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-624, Version: 1
Salinas Strategic Plan 2022-2025 Update
No action. This report is an update to the Salinas Strategic Plan for 2022-2025.

City of Salinas Page 1 of 1 Printed on 11/9/2022
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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: NOVEMBER 15, 2022
DEPARTMENT: ADMINISTRATION
FROM: STEVEN S. CARRIGAN, CITY MANAGER
BY: PATRICIA M. BARAJAS, CITY CLERK
TITLE: SALINAS STRATEGIC PLAN 2022-2025 UPDATE
RECOMMENDED MOTION:

No action. This report presents information to the City Council regarding the Salinas Strategic Plan for 2022-2025.

EXECUTIVE SUMMARY:

On December 4, 2021, the City Council held its first Strategic Planning Session at the El Gabilan Library from 8:00 a.m. to 3:30 p.m. where the City Council engaged in an all-day workshop with a focus on communication, teambuilding and good governance practices with the goal developing a new strategic goals and priorities. On March 8, 2022, the City Council received and accepted the Strategic Plan as a roadmap for Council and staff for the following three years. The attachment provides Council with an update on programs and projects across all City Department that meet the goals and key strategies. City staff continues to work towards increasing efficiencies and ensuring all City efforts are in line with the Councils goals.

BACKGROUND:

The City Council identified the following Strategic Goals and key strategies. The attached Update to the Strategic Plan highlights progress made on the following goals.

1. Economic Development

2. Affordable Housing

3. Infrastructure and Environmental Sustainability

4. Public Safety

5. Youth and Seniors

6. Effective and Culturally Responsive Government
CEQA CONSIDERATION:

Page | 2
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).

If future CEQA considerations are required for specific Strategies, staff will evaluate and bring forth for Council consideration.

STRATEGIC PLAN INITIATIVE:

This report in an update to the Strategic Plan goals and priorities for 2022-2025.

DEPARTMENTAL COORDINATION:

The Salinas Strategic Plan document focuses on all areas of city government and will require crossdepartmental coordination as key strategies are implemented.

FISCAL AND SUSTAINABILITY IMPACT:

Financing for strategies on the Strategic Plan will be budgeted within each Department’s operation and capital improvement budgets. When individual projects bring an unforeseen, non-budgeted cost or a specific large cost into the picture, an action item will be presented to Council for consideration and approval.

ATTACHMENTS:

City of Salinas Strategic Plan 2022-2025
PowerPoint
STRATEGIC GOALS AND STRATEGIES Page 1 of 14
CITY OF SALINAS STRATEGIC PLAN 2022-2025
November 2022 Update
The City of Salinas’ Strategic Plan represents the vision of the Mayor and City Council. This document serves as a roadmap to align policies, projects, and initiatives with this vision. The Strategic Plan outlines measurable goals and strategies designed to guide decision-making processes in the City. These goals and strategies are built on the shared values identified by the Council.

SHARED VALUES
Equity and Inclusion
Fiscal Responsibility
Integrity
Responsiveness
Service

STRATEGIC GOALS & STRATEGIES
Economic Development
Sustain, encourage, and develop a diverse and thriving economy that benefits all Salinas residents and businesses and that contributes to the community’s economic health.  Implement the Alisal Vibrancy Plan
 In April 2022, Caltrans awarded City $4M; $1.87M from the Clean California State Beautification Program and $2.15M from the Local Grant Program to further address Alisal community’s short-term goals of appearance, cleanliness, and safety/infrastructure along Alisal Street Corridor. (Community Development/Public Works)
 An AVP update, including Short -Term Priority Tasks through 2024, was presented to City Council on May 10, 2022. Staff continues to work with community stakeholders to implement Short-Term Priority Tasks. (Community Development)  Completed street tree trimming & street cleanup along Alisal St, Market St, Sanborn Rd, and John St in July-August 2022. (Public Works/Community Development)  Design consultants selected for Hebbron Family Center Revitalization Project and the Park Revitalization and Improvement Projects. (Library and Community Services, Public Works, and Community Development)
 City staff released a Request for Proposal (RFP) on October 7, 2022, seeking a consultant team to create an Alisal District Identity Master Plan. (Community Development)
 Develop an Agriculture Technology plan, engaging community to manage impacts to housing, community, and jobs
STRATEGIC GOALS AND STRATEGIES Page 2 of 14
 Started an Agriculture Economic Study with a consultant team led by Economic & Planning Systems Inc. Staff is working with a Technical Advisory Committee (TAC) of industry representatives to guide the study and develop General Plan Update policy recommendations to support the future of the Ag Industry in Salinas. (Community Development)
 Partner with the school districts, community and local colleges, workforce development board, and other key partners to ensure training for farm workers to compete for agriculture technology jobs
 Support and engage small, large, and entrepreneurial business  The Small Business Hotline has received 136 calls and 96 emails between January 2022 to present from businesses. The Business Navigator has assisted business owners and entrepreneurs with acquiring and renewing business licenses, permitting, referrals to small business support organizations and the promotion of workshops and financial opportunities. (Community Development)
 Continue to convene Small Business and Economic Recovery Taskforce quarterly to coordinate and partner with Salinas Business Community Organizations to provide training and financial support for small businesses and entrepreneurs. (Community Development)
 In October 2022, launched social media and Technology Grant Program to assist businesses with marketing and efficiently operating their business. (Community Development)
 In November 2022, launched Downtown Outdoor Dining Program and the Outdoor Dining Forgivable Loan Program to assist downtown eateries with investing in quality outdoor furniture that complements and enhances Downtown revitalization improvements. (Community Development/Public Works)
 Support implementation of the Arts ordinance
 City Council approved the Annual Public Arts Plan in March of 2022 funding $5,000 for matching public art event grants and $1,000 for marketing and outreach of grant and other Public Art Commission (PAC) support. Grant Request For Proposals (RFP) released in October. (Library and Community Services)  Identified other opportunities to fund art outside of the Municipal Art Fund including:
o The Painting of the Main Street Trash Corrals
o Funding public art through the Neighborhood Beautification Grant Program resulting in a new mural at the Bread Box Recreation Center and two large moveable murals. (Library and Community Services)
 Create and maintain attractive gateways at City entry points  In July 2022, muralists and designs selected for the three underpasses entering the Alisal at E. Market Street, E. Alisal Street and Sanborn Road (See underpass project under Alisal Vibrancy Plan). (Community Development)
 2006 Zoning Code includes Gateway Overlay Zones, which are continuously implemented as Current Planning receives applications. (Community Development) STRATEGIC GOALS AND STRATEGIES Page 3 of 14
 Promote Salinas as a desired destination for business  Develop mural program to combat graffiti (moved from infrastructure)  Through the development and implementation of a series of initiatives between Library and Community Services and Community Development a few murals are underway, including 3 underpass murals in the Alisal and other City owned facilities throughout the City. (Library and Community Services and Community Development)  Multiple mural projects are underway in the Alisal including at the Breadbox and underpasses. (Community Development/Library and Community Services) STRATEGIC GOALS AND STRATEGIES Page 4 of 14
Housing/ Affordable Housing
Pursue housing options for residents of all income levels, including the unsheltered, that is safe and secure.
 Pursue housing development opportunities that align with the City’s adopted specific plans
 Secured funding through the Emergency Rental Assistance Program (ERAP) and distributed nearly $14 million in assistance to 1,553 households in Salinas. (Community Development)
 City staff has retained a consultant to conduct supplemental environmental work for the West Area Specific Plan to address litigation. (Community Development/Legal)  Preserve affordable housing
 The City continues to strategically utilize its federal and state entitlement funding to preserve affordable housing units including funding the rehabilitation of 5 units at Interim’s Catalyst Apartment Project. (Community Development)  Evaluate updates to the inclusionary housing ordinance  A preliminary Housing Market Target Analysis was prepared to evaluate the removal of the downtown exemption for the Inclusionary Housing Ordinance. Staff is preparing an ordinance amendment to eliminate an exemption for new construction in the Downtown for the November 15th meeting. In addition, staff have been directed to commence the necessary review, engagement, and revision of the Inclusionary Ordinance for Council consideration no later than June 30, 2023. (Community Development)
 Partner with public and nonprofit agencies to offer housing to the unsheltered  The City continues to fund local service providers and non-profits, including CSUMB CHE, CCCIL, Step Up, Inc., Interim, Inc, Downtown Streets Team, to offer a variety of services to unhoused residents including wraparound services, housing navigation, landlord engagement, voucher attainment, etc. The City granted approximately $2.9 million in funding in FY 21-22 to assist 1,657 unsheltered residents. (Community Development)
 The City currently funds two shelters, SHARE and the Chinatown Navigation Center, providing up to 150 emergency shelter beds through contracts with Bay Area Community Services (BACS) and Community Homeless Solutions. (Community Development)
 The City currently administers a 50-room Emergency Motel Program in partnership with the County of Monterey in which CSUMB CHE and CCCIL provide a wide range of supports focused on moving individuals towards permanent housing as soon as possible. The County provided nearly $3.5 million in funding for this program. (Community Development)
 The City secured a nearly $4.1 million Encampment Resolution Grant, a multiagency demonstration project to create effective pathways to permanent housing for the unsheltered near Natividad, Alisal and Gabilan Creeks. (Community Development)
STRATEGIC GOALS AND STRATEGIES Page 5 of 14
 The City secured a $2.6 million Family Challenge Homeless Grant to acquire and build ADUs to house 5-10 homeless families in partnership with BACS. (Community Development)
 Examine the Rent Stabilization Plan
 Implement the Accessory Dwelling Unit (ADU) plan
 The pre-approved ADU plans were developed and made available in September 2022 with the first permit was issued in October. ADU informational workshops were held on October 6th at the Rotunda with 76 participants and October 13th at the Firehouse Community Center with 44 participants in attendance.
 From January 1, 2022 to October 21, 2022, 107 ADU permits have been issued.  Explore options for Tiny Homes communities
 Identify opportunities for workforce, low-income, and farm worker housing  Issued a Notice of Funding Availability for affordable housing in early 2022 and held a Housing Developers Forum on May 19, 2022, to discuss opportunities for the City to partner to facilitate affordable housing. Staff is currently evaluating four (4) requests for affordable housing funds. (Community Development)
 The City led a RFQ effort in partnership with the County of Monterey to select Eden Housing as the developer for a 100% affordable multifamily rental development on County land at 855 E. Laurel Drive for 130 to 180 units. An Exclusive Negotiating Rights Agreement (ENRA) is forthcoming. (Community Development)  The City is in discussion with the Housing Authority of Monterey County to enter into an ENRA for the Division Street property by end of year. (Community Development)  The City is in discussions to acquire multiple properties for future affordable housing projects. (Community Development)
 Increase funding to programs to allow seniors to live independently  The City continues to support the development of Parkside Manor, an 80-unit senior affordable housing project that should be completed by November 2022.  City staff are in discussion with developers about how to support a new 39-unit senior complex in District 4.
 Encourage transit-oriented housing development
 City Council approved the transfer of properties at the Intermodal Transportation Center. Once the transfer is complete, city staff will pursue developers for a TOD project at the site. (Community Development/Legal)
 The City is rezoning opportunity sites ahead of the General Plan Update to mixed-use and higher density housing designations to encourage interim housing production.

These sites are on or near major transit sites, including downtown, along East Alisal and North Main Streets. (Community Development)
 As part of the General Plan Update, staff developed draft Place Types to replace current land use designations. These focus more mixed use and density along major STRATEGIC GOALS AND STRATEGIES Page 6 of 14
corridors to encourage transit-oriented development and housing. (Community Development)
 Monterey-Salinas Transit (MST) received a grant to study regional transit-oriented development, including along the Alisal Street corridor. Staff has worked with MST throughout, including reviewing the application, refining the study area, and providing background information. Staff will continue collaboration throughout the grant process. (Public Works and Community Development) STRATEGIC GOALS AND STRATEGIES Page 7 of 14
Infrastructure and Environmental Sustainability
Invest in and maintain green infrastructure that creates a vibrant City and generates community pride and improves climate resiliency.
 Improve the condition of local streets
 The City is using the pavement management program to maximize the available funds for street maintenance.
 Invest in a sidewalk repair program
 ARPA funds are being used to maximize sidewalks repairs Citywide.  Beautify the city with regular AMOR Salinas clean-ups that engage residents  Earth Day April 2022 drew hundreds of volunteers to remove invasive growth from the grove of trees in Sherwood Park. (Library and Community Services)  Camp Amor Salinas hosted 35 high school aged volunteers for one week to clean the stage and picnic tables as well as repaint the trash cans at Sherwood Park. (Library and Community Services)
 Hosted 7 trash disposals, one in every district. (Library and Community Services)  Supported Blue Zones and Sustainable Salinas in doing monthly volunteer clean-ups in Natividad Creek Park, the Alisal business corridor, Santa Rita Park and old town Salinas. (Library and Community Services)
 Make A Difference Day Oct. 2022 will host hundreds of volunteers for clean-ups at Azahel Cruz Park, Laurel Heights Park and Cesar Chavez Park. (Library and Community Services)
 Improve city facilities, including lighting
 Facility maintenance has added 2 new maintenance works to help maintain the City’s facilities
 In May 2022, the Salinas City Council approved a Services Agreement with McLaughlin for the painting of Recreation Facilities (Breadbox, El Dorado, Closter).

In addition, painting and new flooring is underway at the Salinas Aquatic Center. (Library and Community Services)
 HVAC repairs and replacements continue at the Salinas Aquatic Center, El Dorado Park and Community Center. (Library and Community Services)  Improve the urban canopy
 Explore opportunities for electrification
 Adopt a Climate Action Plan
 Consultant team updated the 2019 Greenhouse Gas Inventory to establish a baseline for the Climate Action Plan (CAP). Staff conducted the first CAP workshop in May STRATEGIC GOALS AND STRATEGIES Page 8 of 14
2022 and held environmental justice workshops in September 2022. (Community Development)
 Employ modern techniques to build climate resiliency
STRATEGIC GOALS AND STRATEGIES Page 9 of 14
Public Safety
Continue to improve community safety by engaging residents and using a broad range of proactive approaches that emphasize community connection and prevention programs.  Emphasize community policing strategies and crime prevention through regular interaction with residents and business owners
 Engage neighborhoods
 Fire Department staff are assigned to manage social media outreach and presence for fireworks abatement, recruitment, and special events. The Salinas Fire Department Master Plan includes a robust community engagement component that will serve to assure the needs of specific neighborhoods and areas of the City are addressed.
 Expanded Neighborhood Services from one Coordinator to three giving us capacity to support more resident leaders and neighborhood groups. (Library and Community Services)
 Administered the Neighborhood Beautification Grant and worked with 11 successful applicants to complete their projects in FY21-22. (Library and Community Services)  Supported outreach for the city-wide budget, district level discussion housing, and the general plan. (Library and Community Services)
 Hosted and organized the first annual Salinas March for peace in the Alisal drawing hundreds of residents. (Library and Community Services)  Invest in prevention and intervention programs Enhance the abandoned vehicle abatement program
 Earned a 3.4 million Dollar California Violence Intervention and Prevention Grant that will fund:
 Salinas Police Department Juvenile Diversion program and a new Community Outreach Team to include a Sergeant, four officers, and a parttime analyst.  Rancho Cielo: Tiny Home construction training program.  Partners for Peace: Parent Education and youth mentoring.  Natividad Foundation: Hospital-based violence intervention program.  Continue to convene the Community Alliance for Safety and Peace maintaining a broad network of violence prevention and intervention partners to operationalize the strategic plan on Violence Prevention. (Library and Community Services)  Managing the development and implementation of the $300,000 Prevention and Wellness Grant. (Library and Community Services)
 Consider environmental design factors for improved public safety  All improvements to fire stations and administrative facilities will seek to increase energy efficiency and the utilization of green technologies.  Invest in recreational programs and public facilities  Funding has been allocated for deferred maintenance at all City fire stations and projects are being initiated as staff and oversight resources allow.

STRATEGIC GOALS AND STRATEGIES Page 10 of 14
 Outside consultants are engaged in providing support for oversight and management of these projects.
 A comprehensive facilities improvement plan will be part of the new Salinas Fire Department Master Plan.
 The Recreation-Park Division continues to provide recreational and leisure opportunities for Salinas residents of all ages. (Library and Community Services)  Environmental work and community engagement is underway for the Revitalization of the Hebbron Family Center. (Library and Community Services)  The City released a Request for Qualifications for Project and Construction Management for a series of projects including, Closter Park Improvements, Cesar Chavez Trail, El Gabilan Play Lot and new inclusive Playgrounds at Northgate and Williams Ranch parks. (Library and Community Services)
 The City entered into contract with Jet Mulch for resurfacing of playgrounds systemwide. (Library and Community Services)
 The City entered into contract with two playground manufactures for repairs systemwide. (Library and Community Services)
 In May 2022, the Salinas City Council approved a Services Agreement with McLaughlin for the painting of Recreation Facilities (Breadbox, El Dorado, Closter).

In addition, painting and new flooring is underway at the Salinas Aquatic Center. (Library and Community Services)
 HVAC repairs and replacements continue at the Salinas Aquatic Center, El Dorado Park and Community Center. (Library and Community Services)  Evaluate staffing levels of public safety personnel (police and fire)  The Fire Department Master Plan/Community Risk Assessment/Standards of Cover process has been initiated and will be completed by the 1st quarter of 2023.  The FY 22/23 City budget provided for 3 additional firefighter positions to staff one of the department’s two ladder truck companies to NFPA standards of 4 personnel per day.
 Hire locally for public safety positions (police and fire)  Recruitment efforts have been successful in attracting local candidates with recent fire academy graduates consisting of over 85% local personnel.  The Fire Department has launched a “Recruitment Task Force” with funds allocated in the FY 22/23 budget. The group focuses on local high school and collegiate athletics, fire academies, and campus visits to engage with candidate pools.  The Salinas Fire Department is nearing completion of a MOU with the Mission Trails Regional Occupational Program via the Salinas Union High School District. This agreement provides for Salinas Fire Department staff to take a lead role in the direct instruction of students enrolled in public safety programs through ROP. The department is also developing internship and job-shadowing programs as a companion to these efforts to further attract local youth in the public safety service in the City of Salinas.
 Maintain effective code enforcement practices
STRATEGIC GOALS AND STRATEGIES Page 11 of 14
 Code enforcement staff have been coordinating closely with Public Works and the Salinas Police Department (SPD) to enforce the new Vendor Ordinance including addressing unpermitted/unsafe hot dog vendors from outside Salinas. (Community Development/SPD/Public Works)
 Code enforcement staff have been coordinating with SPD on enforcement of the Noise Ordinance. (Community Development/SPD)
 Code enforcement staff continue to coordinate with Permit Services and the Legal Department to initiate and oversee receivership and nuisance abatement cases for dangerous and blighted properties (Community Development/Legal)  Code enforcement staff coordinated with the Housing Division, County Environmental Health, and the Coalition for Homeless Services Providers (CHSP) to launch a pest elimination (over 700 rats) pilot project in Chinatown. (Community Development)
 The Housing and Code Enforcement Divisions continue to work with the Housing Technical Advisory Committee (TAC) to draft a rental registration ordinance to be brought to City Council by early 2023. (Community Development) STRATEGIC GOALS AND STRATEGIES Page 12 of 14
Youth and Seniors
Provide opportunities for healthy development and social connections through recreational facilities, programs, and activities.
 Ensure diverse opportunities for youth and senior recreational and supportive programs  Strengthen the relationships with local school districts and work to develop joint-use facility agreements
 Expand the City’s volunteer program
 Registered over 500 new volunteers this year. Added to the over 1,000 new volunteers from 2021. Increased outreach and relationship development with service-oriented groups like our local Rotaries, Sun Street Center Men’s Residential Program, 831 Niner Empire, the faith community, our local middle and high schools. (Library and Community Services)
 Improve and develop youth and senior facilities Establish a youth commission  The Youth Commission is not yet under development but hope to begin flushing program out by the end of the year. (Library and Community Services)  Evaluate possibility of building a community/multi-use facility  City Council authorized $8.1 Mil for a Recreation Center in District 5. Outreach is underway to identify feasible location. (Library and Community Services) STRATEGIC GOALS AND STRATEGIES Page 13 of 14
Effective and Culturally Responsive Government
Provide effective and culturally responsive government programs and services in a professional, customer-oriented manner that ensures equitable solutions to community challenges.  Begin the General Plan Update Establish an Equity Plan  An Equity Plan was developed specifically for the Community Outreach Plan of the City Budget that will be used for the upcoming FY ’24 budget development. (Library and Community Services)
 Administering over $360,000 in grant and city funding to train all staff and policy makers in Governing for Race Equity, develop a training video for all new employees, send a team to the National Facing Race conference including policy makers. (Library and Community Services)
 The General Plan Update, Visión Salinas 2040, launched in 2021. Progress updates were provided to City Council in March and September 2022. To date, staff has held twelve workshops/webinars and seven working group meetings, in addition to pop ups and other outreach actions. (Community Development)
 Equity is a key component of the General Plan Update engagement strategy, and the City is partnering with the Center for Community Advocacy to support grassroot outreach, particularly with underrepresented voices. (Community Development)  Address staffing capacity and succession planning concerns Apply data-driven management to decision-making Evaluate technology gaps
 Hire locally for city positions
 Invest in training and development opportunities to build skills and capacity  Establish Council norms
 Provide Diversity, Equity, and Inclusion (DEI) training for policymakers  DEI training for policy makers is being designed by Race Forward and is scheduled to be done in January and February 2022. (Library and Community Services)  Support effective governance for City commissions
 Improve employee wellness, recruitment, and retention  Make government services more accessible and culturally responsive for non-English speaking residents
 All promotional materials in the LCS Department for events and programs are done in both English and Spanish. (Library and Community Services)  The whole Neighborhood Services team is bilingual in English and Spanish. (Library and Community Services)
 Bilingual staff is available at all LCS divisions. (Library and Community Services)  All General Plan Update events and activities are in English and Spanish. (Community Development)
STRATEGIC GOALS AND STRATEGIES Page 14 of 14
 Offer more literature and the SalinasConnect App in Spanish  Staff is in the process of preparing a Request for Proposals (RFP) scheduled for release in December 2022 seeking a vendor who can upgrade the existing application in both English and Spanish, and integration with other city applications. (Administration)
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-622, Version: 1
Minutes
Approve minutes of November 1, 2022.

City of Salinas Page 1 of 1 Printed on 11/9/2022
powered by Legistar™
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-631, Version: 1
Financial Claims
Approve Financial Claims Report.

City of Salinas Page 1 of 1 Printed on 11/9/2022
powered by Legistar™
Number Date Status
Transaction
Amount
462235 10/26/2022 Open $1,244,517.97
462236 11/01/2022 Open $189.00
462237 11/01/2022 Open $189.00
462238 11/01/2022 Open $189.00
462239 11/01/2022 Open $146.75
462240 11/01/2022 Open $687.56
462241 11/01/2022 Open $158.00
462242 11/01/2022 Open $189.00
462243 11/01/2022 Open $807.00
462244 11/01/2022 Open $106.00
462245 11/01/2022 Open $90.00
462246 11/01/2022 Open $189.00
462247 11/01/2022 Open $189.00
462248 11/01/2022 Open $358.92
462249 11/01/2022 Open $189.00
462250 11/01/2022 Open $189.00
462251 11/01/2022 Open $219.75
462252 11/01/2022 Open $225.75
462253 11/01/2022 Open $249.00
462254 11/01/2022 Open $326.50
462255 11/01/2022 Open $1,024.50
462256 11/01/2022 Open $10,000.00
462257 11/01/2022 Open $9,750.00
462258 11/01/2022 Open $450.00
462259 11/01/2022 Open $164.34
462260 11/01/2022 Open $26.85
462261 11/01/2022 Open $2,370.44
462262 11/01/2022 Open $89.00
462263 11/01/2022 Open $1,012.06
462264 11/01/2022 Open $83.09
462265 11/01/2022 Open $570.00
462266 11/01/2022 Open $549.66
462267 11/01/2022 Open $605.14
462268 11/01/2022 Open $58.39
462269 11/01/2022 Open $315.00
462270 11/01/2022 Open $100.00
462271 11/01/2022 Open $100.81
462272 11/01/2022 Open $645.23
462273 11/01/2022 Open $2,370.44
462274 11/01/2022 Open $35,557.50
462275 11/01/2022 Open $235.90
Baron Augustine
Bear Electrical Solutions Inc
Beatriz A Barajas - Petty Cash Custodian
Andrew McLaughlin
Applied Concepts, Inc-Stalker Radar
Aramark Uniform & Career Apparel Group, Inc
American Supply Company
Ana Ambriz
Analgesic Services Inc
Alhambra and Sierra Spring DS Waters of America LP
All Safe Security Alarm
Amazon.Com
Adele Frese
Aircraft Owners And Pilots Assoc
Airgas, Inc dba Airgas USA, LLC
A and B Fire Protection and Safety Inc.

Accounting Unit Manifest Fees Dept of Toxic Substa
Ace Hardware
Thomas Melia
Precision K9
36 North Properties, Inc dba 36 North Property Man
Orlando Osornio
Raul Ortega
Steven Carrigan
Justin Heckman
Luis Toribio
Monica Gurmilan
Isidoro Medrano
John McNeil
John P. Falkenberg
David Smith
Eric Chavez
Gabriel Gonzalez
Curtis Jones
David Lewellen
David Pritt
Austin Scaggs
Cameron Mitchell
Christie Cromeenes
General Account - General Account
Check
Don Chapin Inc
Alejandro Magana
City of Salinas
Claim Check Report #462235-462662
From Payment Date: 10/26/2022 - To Payment Date: 11/8/2022 Payee Name
Pages: 1 of 8
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Check Report #462235-462662
From Payment Date: 10/26/2022 - To Payment Date: 11/8/2022 Payee Name
462276 11/01/2022 Open $12,373.00
462277 11/01/2022 Open $100.00
462278 11/01/2022 Open $100.00
462279 11/01/2022 Open $79,000.00
462280 11/01/2022 Open $3,451.87
462281 11/01/2022 Open $189.90
462282 11/01/2022 Open $100.00
462283 11/01/2022 Open $100.00
462284 11/01/2022 Open $762.98
462285 11/01/2022 Open $24,778.20
462286 11/01/2022 Open $2,199.00
462287 11/01/2022 Open $100.00
462288 11/01/2022 Open $1,922.80
462289 11/01/2022 Open $296.14
462290 11/01/2022 Open $426.35
462291 11/01/2022 Open $3,955.77
462292 11/01/2022 Open $595.61
462293 11/01/2022 Open $2,433.18
462294 11/01/2022 Open $1,000.43
462295 11/01/2022 Open $24,696.00
462296 11/01/2022 Open $5,300.00
462297 11/01/2022 Open $100.00
462298 11/01/2022 Open $100.00
462299 11/01/2022 Open $100.00
462300 11/01/2022 Open $100.00
462301 11/01/2022 Open $987.00
462302 11/01/2022 Open $3,293.74
462303 11/01/2022 Open $12,195.00
462304 11/01/2022 Open $1,871.68
462305 11/01/2022 Open $350.00
462306 11/01/2022 Open $935.84
462307 11/01/2022 Open $100.00
462308 11/01/2022 Open $382.70
462309 11/01/2022 Open $393.10
462310 11/01/2022 Open $864.16
462311 11/01/2022 Open $7.54
462312 11/01/2022 Open $2,975.84
462313 11/01/2022 Open $100.00
462314 11/01/2022 Open $866.77
462315 11/01/2022 Open $80.92
462316 11/01/2022 Open $1,208.94
Gold Star Motors dba Gold Star Buick GMC
Golden State Truck and Trailer Repair
First Alarm Security & Patrol Inc dba An Allied Un
Gabriel Hernandez
Gavilan Printers LLC
Extra Space Management Inc
Fastenal Company
Fed Ex
Elizabeth Roberts
Ernesto Sanchez
Extra Space Management Inc
Economic & Planning Systems, Inc.

Eda Herrera
Efrain Contreras dba Century Metals, LLC
David Poulin
Don Chapin Inc
East Bay Tire Company
Daniel David Green
Dave Shaw
David L Crabill
CSC Of Salinas
CSG Consultants
Cypress Coast Fence
Condor Security Of America Inc
Consolidated Electrical Distributors, Inc.

Cristina Schlough
Cintas
Coast Automotive Warehouse Inc
Coast Counties Truck & Equipment Co dba Coast Coun
Central Coast Center For Independent
Chris Lane
Chris Swinscoe
Candi Swinscoe
Cassie McSorley
CDW-G
C & S Engineers, Inc.

California Coast Uniform Company Inc
California Water Service
Blancas Construction, Inc.

Brent DeBorde
Bruce Bush
Pages: 2 of 8
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Check Report #462235-462662
From Payment Date: 10/26/2022 - To Payment Date: 11/8/2022 Payee Name
462317 11/01/2022 Open $2,580.00
462318 11/01/2022 Open $10,518.32
462319 11/01/2022 Open $23.37
462320 11/01/2022 Open $262.37
462321 11/01/2022 Open $450.00
462322 11/01/2022 Open $5,425.56
462323 11/01/2022 Open $18,943.00
462324 11/01/2022 Open $8,860.00
462325 11/01/2022 Open $695.00
462326 11/01/2022 Open $100.00
462327 11/01/2022 Open $2,370.44
462328 11/01/2022 Open $100.00
462329 11/01/2022 Open $32.76
462330 11/01/2022 Open $6,523.27
462331 11/01/2022 Open $1,188.93
462332 11/01/2022 Open $11,503.93
462333 11/01/2022 Open $5,511.80
462334 11/01/2022 Open $46.80
462335 11/01/2022 Open $100.00
462336 11/01/2022 Open $178.65
462337 11/01/2022 Open $100.00
462338 11/01/2022 Open $100.00
462339 11/01/2022 Open $100.00
462340 11/01/2022 Open $2,300.00
462341 11/01/2022 Open $100.00
462342 11/01/2022 Open $22.40
462343 11/01/2022 Open $120.00
462344 11/01/2022 Open $100.00
462345 11/01/2022 Open $315.00
462346 11/01/2022 Open $2,582.67
462347 11/01/2022 Open $150.00
462348 11/01/2022 Open $1,953.91
462349 11/01/2022 Open $2,199.00
462350 11/01/2022 Open $86.61
462351 11/01/2022 Open $32,348.63
462352 11/01/2022 Open $10,725.11
462353 11/01/2022 Open $691.43
462354 11/01/2022 Open $378.10
462355 11/01/2022 Open $100.00
462356 11/01/2022 Open $450.00
462357 11/01/2022 Open Legal Notification Services, Inc $7,637.76 L.N. Curtis & Sons
Lance Miraco
Law Enforcement Psychological Services
Kimley Horn And Assoc Inc
Kronos Incorporated
L.C. Action
Joseph Albertoni
Keith Emery
Kelly-Moore Paint Company
Jose Adrian Garcia Ramos dba Shredding Source Solu
Jose Daniel Barrera dba Signa Signs & Graphics
Jose Luis Corral dba Salinas Pizza
Johnson Associates
Johnson Electronics
Jonathan Barnes
Jesse Pinon
Jimmy Vanhove dba Precision K9
John Wider
Jamar Technologies
James Knowlton
Jeff Gibson
International Code Council
Interstate Battery System Inc
Jacqueline Pacelli
Home Depot Credit Services
Hydro Turf
Interim Inc
Hector Cortez
Henry Gomez
Hilda Garcia Petty Cash Custodian
Harris and Associates
HdL Coren & Cone
Heath Johnson
Griffin Carpet, Inc. dba Wheeler's Flooring
Griffin Structures, Inc
Griffin Structures, Inc
Granite Construction Company
Granite Rock Co
Green Valley Industrial Supply
Goldfarb and Lipman
Pages: 3 of 8
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Check Report #462235-462662
From Payment Date: 10/26/2022 - To Payment Date: 11/8/2022 Payee Name
462358 11/01/2022 Open $1,826.00
462359 11/01/2022 Open $935.84
462360 11/01/2022 Open $20.97
462361 11/01/2022 Open $100.00
462362 11/01/2022 Open $100.00
462363 11/01/2022 Open $859.04
462364 11/01/2022 Open $1,639.65
462365 11/01/2022 Open $2,604.62
462366 11/01/2022 Open $167.00
462367 11/01/2022 Open $2,370.44
462368 11/01/2022 Open $2,655.00
462369 11/01/2022 Open $100.00
462370 11/01/2022 Open $6,669.00
462371 11/01/2022 Open $4,665.00
462372 11/01/2022 Open $101,980.63
462373 11/01/2022 Open $1,488.00
462374 11/01/2022 Open $3,485.08
462375 11/01/2022 Open $541.17
462376 11/01/2022 Open $5,833.33
462377 11/01/2022 Open $111.53
462378 11/01/2022 Open $1,336.63
462379 11/01/2022 Open $19,956.81
462380 11/01/2022 Open $420.00
462381 11/01/2022 Open $100.15
462382 11/01/2022 Open $450.60
462383 11/01/2022 Open $2,067.87
462384 11/01/2022 Open $155.51
462385 11/01/2022 Open $415.24
462386 11/01/2022 Open $445.25
462387 11/01/2022 Open $210.00
462388 11/01/2022 Open $18,303.51
462389 11/01/2022 Open $285.00
462390 11/01/2022 Open $8,800.00
462391 11/01/2022 Open $150.71
462392 11/01/2022 Open $1,268.67
462393 11/01/2022 Open $292.63
462394 11/01/2022 Open $45,181.85
462395 11/01/2022 Open $2,377.69
462396 11/01/2022 Open $1,604.16
462397 11/01/2022 Open $100.00
462398 11/01/2022 Open $100.00
Republic Services of Salinas
Richard Maldonado
Ricky Williams
Quality Water Enterprises
Ramundsen Superior Holdings, LLC dba Superion LLC
RDO Equipment Company
Prime Actuarial Consulting, LLC dba Bickmore Actua
Protel Communications, Inc dba Protelesis Corporat
Quadient Finance USA, Inc dba NeoFunds/TotalFunds
Peninsula Messenger, LLC
Place Works Inc
Preferred Alliance Inc.

Pape Machinery, Inc.

PARS Retirement Services
PARS Retirement Services
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Truck Parts Inc
Office Depot Business Service Division
One Workplace L Ferrari, LLC dba Peninsula Busines
Operation Freedom Paws
Municipal Maintenance Equipment dba MME
National Development Council
O'Reilly Auto Parts
MNS Engineers, Inc
Monterey Bay Air Resources District
Monterey Sanitary Supply Inc Altius Medical
Michael Groves
Michele Lea Vaughn
Mid Minnesota Wire dba GearGrid Corp
Matthew G Norton Co dba NWB Salinas LLC
Matthew Maldonado
Mechanics Bank
Martin's Irrigation Supply, Inc
Mary Ellison
Matt N. Pressey
Mackay Motor Parts, Inc dba Napa Auto Parts
Mark Freedman
Martin Persijn
Liebert Cassidy Whitmore
Linda Knowles
Pages: 4 of 8
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Check Report #462235-462662
From Payment Date: 10/26/2022 - To Payment Date: 11/8/2022 Payee Name
462399 11/01/2022 Open $34,189.00
462400 11/01/2022 Open $6,310.00
462401 11/01/2022 Open $290.00
462402 11/01/2022 Open $2,373.29
462403 11/01/2022 Open $4,042.43
462404 11/01/2022 Open $580.73
462405 11/01/2022 Open $100.00
462406 11/01/2022 Open $100.00
462407 11/01/2022 Open $100.00
462408 11/01/2022 Open $32,475.00
462409 11/01/2022 Open $100.00
462410 11/01/2022 Open $502.50
462411 11/01/2022 Open $31,283.08
462412 11/01/2022 Open $100.00
462413 11/01/2022 Open $158.24
462414 11/01/2022 Open $4.60
462415 11/01/2022 Open $1,009.39
462416 11/01/2022 Open $19,253.09
462417 11/01/2022 Open $170.42
462418 11/01/2022 Open $100.00
462419 11/01/2022 Open $935.84
462420 11/01/2022 Open $100.00
462421 11/01/2022 Open $25.00
462422 11/01/2022 Open $595.00
462423 11/01/2022 Open $100.00
462424 11/01/2022 Open $100.00
462425 11/01/2022 Open $2,427.92
462426 11/01/2022 Open $4,796.00
462427 11/01/2022 Open $100.00
462428 11/01/2022 Open $16,845.30
462429 11/01/2022 Open $45.48
462430 11/01/2022 Open $1,707.22
462431 11/01/2022 Open $7,490.00
462432 11/01/2022 Open $3,230.80
462433 11/01/2022 Open $898.74
462434 11/01/2022 Open $438.86
462435 11/01/2022 Open $100.00
462436 11/01/2022 Open $2,633.63
462437 11/01/2022 Open $2,225.95
462438 11/01/2022 Open $219.93
462439 11/01/2022 Open $1,953.75
Worldpac
Empressa De Fuego Entertainment LLC
Wayne Vance
WCAF, LLC dba Watsonville Ford
WCDJR LLC dba Watsonville Chrysler Dodge Jeep Ram
Verizon Wireless
W W Grainger Inc
Walmart c/o Capitol One
United Parcel Service
Valley Saw Shop
Vals Plumbing and Heating Inc
Todd Hearnsberger dba TH Electric
Todd Swinscoe
U.S. Bank National Association ND
Ted Koch
Terry Gerhardstein
Tiffanys Body Shop
T-Mobile USA
T-Mobile USA
Target Pest Control
Susan Rosales-Nava Petty Cash Custodian
Suzanne Cottle-Gavalla
Sylvia Garcia
Stephanie Morales-Bravo Petty Cash Custodian
Stommel Inc dba Lehr
Sturdy Oil Company
Smith and Enright Landscaping
Stanley Cooper
Star Sanitation Services
Shen's Management & Sales Inc
Simon Jimenez
Smart and Final Iris
Scott Myhre
Scott Tyler
Sheldon Bryan
Ruth Maria Milla-Leon dba Andersen's Lock & Safe
Salinas Californian
San Lorenzo Lumber
Robert Half International, Inc dba Accountemps, Of
Roy Hastings dba R.L. Hastings & Associates LLC
Russell Auria Pest Control Services
Pages: 5 of 8
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Check Report #462235-462662
From Payment Date: 10/26/2022 - To Payment Date: 11/8/2022 Payee Name
462440 11/01/2022 Open $319.78
462441 11/01/2022 Open $176.60
462442 11/08/2022 Open $194.75
462443 11/08/2022 Open $113.75
462444 11/08/2022 Open $111.00
462445 11/08/2022 Open $212.75
462446 11/08/2022 Open $242.88
462447 11/08/2022 Open $1,038.08
462448 11/08/2022 Open $110.00
462556 11/08/2022 Open $111,612.34
462557 11/08/2022 Open $587.72
462558 11/08/2022 Open $16,145.54
462559 11/08/2022 Open $291.76
462560 11/08/2022 Open $277.19
462561 11/08/2022 Open $425.44
462562 11/08/2022 Open $369.00
462563 11/08/2022 Open $3,363.00
462564 11/08/2022 Open $645.23
462565 11/08/2022 Open $4,950.00
462566 11/08/2022 Open $4,627.98
462567 11/08/2022 Open $1,379.11
462568 11/08/2022 Open $124.57
462569 11/08/2022 Open $99,520.75
462570 11/08/2022 Open $1,107.68
462571 11/08/2022 Open $17,696.49
462572 11/08/2022 Open $106,764.00
462573 11/08/2022 Open $255.69
462574 11/08/2022 Open $1,852.50
462575 11/08/2022 Open $37,571.76
462576 11/08/2022 Open $1,331.38
462577 11/08/2022 Open $127.59
462578 11/08/2022 Open $338.46
462579 11/08/2022 Open $54.07
462580 11/08/2022 Open $2,006.30
462581 11/08/2022 Open $44.03
462582 11/08/2022 Open $3,400.00
462583 11/08/2022 Open $11,980.00
462584 11/08/2022 Open $1,536.94
462585 11/08/2022 Open $100,361.97
462586 11/08/2022 Open $12,043.85
462587 11/08/2022 Open E2 Consulting Engineers, Inc $136,577.75 Don Chapin Inc
Downtown Streets, Inc
Dudek
CSC Of Salinas
David Vaninetti
Dilbeck And Sons
Coast Counties Truck & Equipment Co dba Coast Coun
Comcast (Business)
Constant Contact Inc
CMP-1 Llc dba The Pointe at Northridge
CMS Communication Inc
Coast Automotive Warehouse Inc
Central Coast Center For Independent
Cintas
ClientFirst Consulting Group, LLC dba ClientFirst
Carollo Engineers, Inc
Catholic Charities of the Diocese of Monterey
Central Coast Center For Independent
California Water Service
Canon Financial Services Inc
Canon Solutions America Inc
Aon Risk Insurance Services West, Inc.

Aramark Uniform & Career Apparel Group, Inc
Barnes and Thornburg
Alhambra and Sierra Spring DS Waters of America LP
Alhambra and Sierra Spring DS Waters of America LP
Analgesic Services Inc
72 Hour LLC dba Chevrolet of Watsonville/National
Alco Water
Alhambra and Sierra Spring DS Waters of America LP
Maria Avila
Roberto Filice
2NDNATURE, LLC
Estefania Vargas
Gabriel Gonzalez
Kevin Maloney
Prestige Roofing LLC
Alexis Mejia
Brian Johnson
Jeffrey Pennoni
Pages: 6 of 8
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Check Report #462235-462662
From Payment Date: 10/26/2022 - To Payment Date: 11/8/2022 Payee Name
462588 11/08/2022 Open $154.00
462589 11/08/2022 Open $168.79
462590 11/08/2022 Open $43.23
462591 11/08/2022 Open $394.42
462592 11/08/2022 Open $177.50
462593 11/08/2022 Open $4,118.37
462594 11/08/2022 Open $156.29
462595 11/08/2022 Open $10,745.00
462596 11/08/2022 Open $112,200.00
462597 11/08/2022 Open $51,542.45
462598 11/08/2022 Open $3,049.99
462599 11/08/2022 Open $4,756.25
462600 11/08/2022 Open $5,000.00
462601 11/08/2022 Open $4,202.43
462602 11/08/2022 Open $764.84
462603 11/08/2022 Open $264.25
462604 11/08/2022 Open $11,146.77
462605 11/08/2022 Open $13,160.00
462606 11/08/2022 Open $122.50
462607 11/08/2022 Open $96.08
462608 11/08/2022 Open $236.76
462609 11/08/2022 Open $28,510.00
462610 11/08/2022 Open $3,525.60
462611 11/08/2022 Open $35,837.50
462612 11/08/2022 Open $529.88
462613 11/08/2022 Open $838.16
462614 11/08/2022 Open $3,669.70
462615 11/08/2022 Open $2,786.03
462616 11/08/2022 Open $157.50
462617 11/08/2022 Open $112.50
462618 11/08/2022 Open $512.50
462619 11/08/2022 Open $195.87
462620 11/08/2022 Open $350.00
462621 11/08/2022 Open $40.18
462622 11/08/2022 Open $1,580.77
462623 11/08/2022 Open $23,229.92
462624 11/08/2022 Open $351.32
462625 11/08/2022 Open $210.00
462626 11/08/2022 Open $246.86
462627 11/08/2022 Open $667.50
462628 11/08/2022 Open $7,770.00
Petsmart
PLM Lender Services Inc
Pure Gold Forensics, Inc
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Peninsula Messenger, LLC
New Image Landscape Company
O'Reilly Auto Parts
Office Depot Business Service Division
Monterey County Weekly
Monterey Transfer and Storage Inc
My Jeep
Mobile Audio and Cellular
Monterey County Health Department
Monterey County Weekly
Macias Gini & O'Connell LLP
Makai Solutions
Midwest Tape, LLC dba Midwest Tape
Jose Luis Corral dba Salinas Pizza
Kimley Horn And Assoc Inc
Kosmont & Associates, Inc. dba Kosmont Companies
Jayson F. Cardinalli dba Clean Brothers
Joaquin Vasquez Dba Rose Backflow Services
Johnson Associates
Home Depot Credit Services
Hydro Turf
Ingram Book Company
HdL Coren & Cone
Hemi's Landscaping and Concrete Inc
Herc Rentals Inc.

Granicus Inc
Granite Construction Company
Granite Rock Co
First Alarm Security & Patrol Inc dba An Allied Un
Golden State Emergency Vehicle Service Inc
Goldfarb and Lipman
Fed Ex
Ferguson US Hodings, Inc dba Ferguson Enterprises
First Alarm
Evident
Fastenal Company
Pages: 7 of 8
Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Claim Check Report #462235-462662
From Payment Date: 10/26/2022 - To Payment Date: 11/8/2022 Payee Name
462629 11/08/2022 Open $165.79
462630 11/08/2022 Open $29,731.50
462631 11/08/2022 Open $219.21
462632 11/08/2022 Open $524.96
462633 11/08/2022 Open $5,615.73
462634 11/08/2022 Open $1,429.93
462635 11/08/2022 Open $5,000.00
462636 11/08/2022 Open $80,077.07
462637 11/08/2022 Open $7,119.38
462638 11/08/2022 Open $43.92
462639 11/08/2022 Open $446.84
462640 11/08/2022 Open $3,100.00
462641 11/08/2022 Open $5,361.55
462642 11/08/2022 Open $280.00
462643 11/08/2022 Open $6,081.90
462644 11/08/2022 Open $36.00
462645 11/08/2022 Open $171.16
462646 11/08/2022 Open $16,600.14
462647 11/08/2022 Open $5.51
462648 11/08/2022 Open $397.50
462649 11/08/2022 Open $610.14
462650 11/08/2022 Open $414.27
462651 11/08/2022 Open $341.59
462652 11/08/2022 Open $90.92
462653 11/08/2022 Open $1,196.91
462654 11/08/2022 Open $38.01
462655 11/08/2022 Open $1,196.44
462656 11/08/2022 Open $8.77
462657 11/08/2022 Open $39,456.46
462658 11/08/2022 Open $741.05
462659 11/08/2022 Open $346.01
462660 11/08/2022 Open $213.28
462661 11/08/2022 Open $1,200.00
462662 11/08/2022 Open $238.89
$3,290,750.82
Worldpac
Type Check Totals:

General Account - General Account Totals
WCAF, LLC dba Watsonville Ford
WCDJR LLC dba Watsonville Chrysler Dodge Jeep Ram
Willdan Financial Services
W W Grainger Inc
Wallace Group A California Corporation
Walmart c/o Capitol One
Verizon Wireless
Verizon Wireless
Voyager
Verizon Wireless
Verizon Wireless
Verizon Wireless
Valley Saw Shop
Vals Plumbing and Heating Inc
Verizon Wireless
United Parcel Service
United Site Services
University Corporation at Monterey Bay
Summit Uniform
Target Pest Control
U.S. Bank National Association ND
Steve McShane
Stommel Inc dba Lehr
Strategic Insights, Inc.

Simplot AB Retail Sub Inc
Smith and Enright Landscaping
SpeakWrite LLC
Salinas Toyota
San Jose State University Research Foundation
San Lorenzo Lumber
Quality Water Enterprises
Robert Half International, Inc dba Accountemps, Of
Ruth Maria Milla-Leon dba Andersen's Lock & Safe
Pages: 8 of 8
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-578, Version: 1
Main Street Streetscape Project, CIP No. 9230
Approve a Resolution accepting the Main Street Streetscape Project, CIP No. 9230, for maintenance and responsibility.

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Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: NOVEMBER 15, 2022
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR
BY: ELISE RAMIREZ, P.E., SENIOR CIVIL ENGINEER

PATRICK FUNG, ASSISTANT ENGINEER
TITLE: MAIN STREET STREETSCAPE PROJECT, CIP 9230
RECOMMENDED MOTION:

A motion to approve a resolution accepting the Main Street Streetscape Project, CIP No. 9230 for maintenance and responsibility.

EXECUTIVE SUMMARY:

The Salinas City Council adopted the Downtown Vibrancy Plan in 2015, and one of the key implementation measures of the Vibrancy Plan was to create a streetscape plan for Main Street.

The City Council approved the Main Street Master Plan in October 2017 with the intent to create an attractive and safe area along Main Street from Central Avenue to San Luis Street and revitalize the downtown area. The project reconstructed the pavement section, installed more than 50,000 square feet of new concrete and paver sidewalk, 56 new trees, a new traffic signal system at Main Street and San Luis Street, new electrical and lighting system throughout the 100, 200, and 300 blocks of downtown Main Street, a new automatic landscape irrigation system, new landscaping and amenities, and the landmark Salinas sign among many other improvements.

BACKGROUND:

The Salinas City Council adopted the Downtown Vibrancy Plan in 2015 and approved the Main Street Master Plan in October 2017. The Council allocated $1.1 million in Measure X funds towards the administration, design, and engineering support for the Main Street Streetscape Project.

Kimley-Horn and Associates assisted the City in developing the Main Street Master Plan and provided engineering design services and developed the construction documents for the Main Street Streetscape Project (Resolution No. 21313).

The City selected Harris and Associates in a qualifications-based process, and the Council approved the agreement for construction management services with Harris and Associates on April 16, 2019 (Resolution No. 21596).

Page | 2
The Council approved the project plans and specifications and authorized the call for bids for this project on October 22, 2019. Bids were received and opened on December 10, 2019. On January 21, 2020 (Resolution No. 21779) the Council awarded the construction contract to the lowest responsive and responsible bidder, Monterey Peninsula Engineering, in the amount of $7,896,492.00 which included the Base Bid (streetscape improvements) and Bid Alternates No. 1 and 2 (Salinas Rotary Arch and “SALINAS” sign).

On March 17, 2020, the County of Monterey Health Department issued an emergency shelter-inplace order in response to the global COVID-19 outbreak. However, the project was deemed an essential governmental function by the City’s Director of Emergency Services, and the Notice to Proceed was issued to commence construction of the Main Street Streetscape Project on April 7, 2020. During construction, City staff along with the construction management team and the Contractor responded to numerous inquiries and questions from the downtown business owners and the public about construction activities, impacts, and timelines. The entire construction team worked diligently to address or accommodate each concern as reasonably possible, while continuing to pursue construction progress.

Construction was suspended during the 2020 holiday season to support local businesses in the downtown area there were under considerable stress due to the pandemic. Prior to the 2020 Thanksgiving holiday, the Contractor had substantially completed improvements on the 100 and 200 blocks of Main Street, including a portion of the reconstructed roadway, which was opened to the public in time for the 2020 holiday season.

Construction activities resumed on January 4, 2021, with most of the remaining work scheduled for the 300 block of Main Street. The streetscape improvements were substantially completed on June 11, 2021, including additional pavement reconstruction through the intersection of Main Street and San Luis Street.

Construction on the arch began in conjunction with improvements on the 200 block of Main Street and was initially scheduled to be completed with the street improvements. The steel truss was installed on April 16, 2021. However, with the level of detail involved in the remaining specified materials and architectural features, construction of the arch extended beyond the originally anticipated timeframe. The City and its construction team worked closely in collaboration with the Salinas Rotary and their Architect of Record, Kasavan Architects, to approve the final details of the arch components.

The Salinas Rotary Arch was substantially completed in May 2022 within the approved budget.

The work has been inspected to meet the requirements of the project plans and specifications, and the project is now complete. As a result, downtown Salinas is already experiencing revitalization which is an important step in the overall implementation of the City of Salinas Downtown Vibrancy Plan.

Page | 3
CEQA CONSIDERATION:

Categorical Exemption. The City of Salinas determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15302c, Class 2) because the project replaced and reconstructed existing roadway, sidewalks, gutters, utilities, and other existing facilities at the same site location with substantially the same purpose and capacity.

Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2
STRATEGIC PLAN INITIATIVE:

This project relates to the Council’s Goals of Economic Development, Infrastructure and Environmental Sustainability and Public Safety by investing in facilities and infrastructure with the intent to revitalize the downtown area and provide improved accessibility and safety for the community.

DEPARTMENTAL COORDINATION:

Public Works staff and Community Development staff collaborated on the design of the Main Street Streetscape Project. City staff coordinated with project partners such as the County of Monterey, the Transportation Agency for Monterey County, Salinas Rotary, and the Salinas City Center Improvement Association.

FISCAL AND SUSTAINABILITY IMPACT:

The Main Street Streetscape Project was primarily funded with Measure X bond proceeds for the streetscape improvements.

The City and Salinas Rotary agreed to a 50/50 contribution to fully fund the arch. Pursuant to adopted Resolution No. 21779, the Salinas City Council approved an allocation of $262,200 from the General Fund to CIP 9230 as matching funds with the Salinas Rotary, with a total arch budget of $524,400.00 for direct construction costs as well as soft costs, including an in-kind contribution from the Salinas Rotary for the design.

The construction contract was awarded to Monterey Peninsula Engineering in the amount of $7,896,492.00: $7,459,492.00 in Measure X bond funds and $437,000.00 in arch funds.

Per Department Policy 75-1 (Resolution No. 21528), all Contract Change Orders (CCO 1 through 11) have been administratively authorized with a total contract net increase of $161,247.31 (approximately 2% above the original award amount). The total construction cost was $8,057,739.31. Following is a summary of the contract change orders.

Page | 4

CHANGE ORDER SUMMARY
CCO No. Amount Cumulative
Amount
Percentage of
Contingency Used
($789,649.20)
1 $ 6,713.00 $ 6,713.00 0.9%
2 $ 7,725.00 $ 14,438.00 1.8%
3 $ 7,571.75 $ 22,009.75 2.8%
4 $ 10,850.34 $ 32,860.09 4.2%
5 $ 49,532.27 $ 82,392.36 10.4%
6 N/A $ 82,392.36 10.4%
7 $ 98,500.00 $ 180,892.36 22.9%
8 $ 99,157.00 $ 280,049.36 35.5%
9 $ 78,360.48 $ 358,409.84 45.4%
10 $ 24,663.44 $ 383,073.28 48.5%
11 Balancing $ (221,825.97) $ 161,247.31 20.4%
The project was completed within the approved budget.

ATTACHMENTS:

Resolution
RESOLUTION NO. _______ (N.C.S.)

A RESOLUTION OF THE SALINAS CITY COUNCIL ACCEPTING THE MAIN STREET STREETSCAPE PROJECT, CIP NO. 9230, FOR MAINTENANCE AND

RESPONSIBILITY
WHEREAS, the Salinas City Council adopted the Downtown Vibrancy Plan in 2015 and approved the Main Street Master Plan in October 2017; and WHEREAS, on December 5, 2017, the City Council pursuant to Resolution No. 21313 approved the agreement for engineering design services from Kimley-Horn and Associates; and WHEREAS, on April 16, 2019, the City Council pursuant to Resolution No. 21596 approved the agreement for construction management services from Harris and Associates; and WHEREAS, on October 22, 2019, the City Council pursuant to Resolution No. 21725 approved the plans and specifications for the Main Street Streetscape Project, CIP No. 9230; and WHEREAS, the City of Salinas determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15302 (C), Class 2) because the project replaced and reconstructed existing roadway, sidewalks, gutters, utilities, and other existing facilities at the same site location with substantially the same purpose and capacity; and WHEREAS, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2; and WHEREAS, on January 21, 2020, the City Council pursuant to Resolution No. 21779 awarded the construction contract to Monterey Peninsula Engineering in the amount of $7,896,492; and
WHEREAS, the City of Salinas and Salinas Rotary: The Downtown Club committed to equally funding the Salinas Rotary Arch which was included in the Main Street Streetscape Project plans; and
WHEREAS, on January 21, 2020, the City Council pursuant to Resolution No. 21779 approved the allocation of $262,200 from the General Fund to CIP 9230 as matching funds with the Salinas Rotary for the Salinas Rotary Arch; and
WHEREAS, the Notice to Proceed was issued to the Contractor on April 3, 2020, and construction commenced on April 7, 2020; and
WHEREAS, the project was substantially completed on May 18, 2022, and the work has been inspected to meet the requirements of the project plans and specifications; and WHEREAS, the total construction cost including Change Orders No. 1 through 11 is $8,057,739.31, within the allocated budget;
NOW, THEREFORE, BE IT RESOLVED, that the Salinas City Council accepts the Main Street Streetscape Project, CIP No. 9230, for maintenance and responsibility.

PASSED AND APPROVED this 15th day of November 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_____________________________
Kimbley Craig, Mayor
ATTEST:
_____________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-584, Version: 1
Master Services Agreements for On-Call Land Surveying Services Approve a Resolution approving Master Services Agreements with Whitson Engineers; BKF Engineers; and Wallace Group to provide on-call land surveying services for various City of Salinas Public Works Capital Improvement Program (CIP) projects.

City of Salinas Page 1 of 1 Printed on 11/9/2022
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Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: NOVEMBER 1, 2022
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, P.E., L.S., DIRECTOR
THRU: ELISE RAMIREZ, P.E., SENIOR CIVIL ENGINEER
BY: JOSIE LANTACA, ASSISTANT ENGINEER
TITLE: MASTER SERVICES AGREEMENTS FOR ON-CALL LAND

SURVEYING SERVICES
RECOMMENDED MOTION:

A motion to approve a Resolution approving Master Services Agreements with Whitson Engineers; BKF Engineers; and Wallace Group to provide on-call land surveying services for various City of Salinas Public Works Capital Improvement Program (CIP) projects.

BACKGROUND:

Public works projects oftentimes require the services of land surveying firms. Such services relate to the gathering of information through observations, precise measurements of length, angle, elevation, area, and volume, as well as for the establishments and/or verifications of horizontal and vertical control points in the field. It also includes other associated services such as mapping, and the definition of legal boundaries for land ownership. Land surveying services are required in the planning, design, and execution of the majority of public works projects. Thus, to facilitate the efficient completion of public works projects in the timeliest manner possible, there is a need to have on-call consultant contracts (Master Services Agreements) with land surveying firms.

A request for qualifications (RFQ) for interested land surveying firms was advertised in July 2022, and submittals were received from eight firms. The firms submitting qualification statements were:
 Polaris Land Surveying, Inc. (Carmel Valley, CA)
 MNS Engineers, Inc. (San Jose, CA)
 Dudek (Santa Cruz, CA)
 Kier+Wright (Gilroy, CA)
 Whitson Engineers (Monterey, CA)
 BKF Engineers (Salinas, CA, and San Jose, CA)
 Sandis (Campbell, CA)
 Wallace Group (Salinas, CA, and San Luis Obispo, CA)
Page | 2
The submittals were reviewed based on the selection criteria listed in the RFQ document that included:
1) Firm Profile
2) Quality of Staff/Project Team
3) Relevant Project Experiences and References
4) Demonstrated Technical Ability
5) Local Purchasing Preference (10% of total earned points) Based on these criteria, the review panel comprising of four City staff selected Whitson Engineers, BKF Engineers, and Wallace Group as the three top-ranked firms to provide land surveying services for the various public works projects on an on-call/on-going basis for a five-year period under a Master Services Agreement between the City and each of the three firms. Under the terms of the Master Services Agreement, compensation will be provided on a project-by-project basis, with each project subject to review and approval by the City Engineer. Consultants will be awarded projects based on a request for proposal process amongst these on-call consultants.

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 item relates to the current City Council Goal of Infrastructure and Environmental Sustainability. Approval of the Master Services Agreements will assist towards the efficient and effective process to complete projects that benefit the community.

DEPARTMENTAL COORDINATION:

Public Works Department worked with Legal Department in the review process of the Master Services Agreements.

FISCAL AND SUSTAINABILITY IMPACT:

There is no immediate fiscal impact associated with the approval of the Master Services Agreements. Costs associated with the Surveying Firms will be realized on a project basis and compensated using Council approved CIP funds, for approved CIP projects.

Page | 3
ATTACHMENTS:

Resolution
Whitson Engineers Master Service Agreement
BKF Engineers Master Service Agreement
Wallace Group Master Service Agreement
P a g e 1 | 2
RESOLUTION NO. (N.C.S)

A RESOLUTION APPROVING MASTER SERVICE AGREEMENTS BETWEEN THE CITY OF SALINAS AND WHITSON ENGINEERS; BKF ENGINEERS; AND

WALLACE GROUP FOR ON-CALL LAND SURVEYING SERVICES
WHEREAS, the Public Works Department has identified the need to utilize on-call consultants to provide land surveying services to assist the department with land surveying, and other services related to design and construction of various public works projects; and WHEREAS, in July 2022, the City of Salinas engaged in a Request for Qualifications (RFQ) process to identify firms with the requisite qualifications to provide on-call land surveying services; and
WHEREAS, on August 22, 2022, Public Works staff received eight (8) statements of qualifications (SOQ) from consultants; and
WHEREAS, an evaluation committee consisting of Public Works staff reviewed each SOQ and selected the top three (3) based on the criteria set forth in the Request for Qualifications; and WHEREAS, the award of projects to the selected surveying firms will be based on an additional qualifications-based selection process.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council approves the Master Service Agreements between the City of Salinas and Whitson Engineers; BKF Engineers; and Wallace Group to provide land surveying services for various City of Salinas Public Works projects; and
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed, for and on behalf of the City of Salinas, and as its act and deed, to execute the attached Master Service Agreements; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute extensions and/or modifications to the Agreements and to take whatever additional action may be necessary to effectuate the intent of this resolution; and
BE IT FURTHER RESOLVED that the City Engineer or his/her designee is hereby authorized to approve the Consultant's on-going performance of services without the need for subsequent Professional Service Agreements provided the Consultant is, at all times throughout the term thereof, in compliance with the terms and conditions of the Master Service Agreement approved through this Resolution.

PASSED AND APPROVED this 1st day of November 2022, by the following vote:

P a g e 2 | 2
AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Kimbley Craig, Mayor
ATTEST:

Patricia M. Barajas, City Clerk

MASTER SERVICE AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF SALINAS AND

WHITSON ENGINEERS
Form: Professional Services Agreement v. January 2021 Page 1 of 16 Whitson Engineers
November 2022
Form: Professional Services Agreement v. January 2021
Whitson Engineers
November 2022

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

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

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

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

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

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

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

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

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

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

10. Indemnity & Defense... ......................................................................................................... 6

11. Insurance.............................................................................................................................. 7

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

30. Licenses.............................................................................................................................. 11

31. Counterparts....................................................................................................................... 11 Form: Professional Services Agreement v. January 2021
Whitson Engineers
November 2022

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

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

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

35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements.............................................................................................. 13 Exhibit B- Fee Schedule ............................................................................................................... 16 Form: Professional Services Agreement v. January 2021
Whitson Engineers
November 2022

MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SALINAS AND WHITSON ENGINEERS
This Master Service Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 1
st day of November, 2022, between the City of
Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Whitson Engineers, a California corporation (hereinafter “Consultant”).

RECITALS
WHEREAS, Consultant represents that he, she, or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.

NOW, THEREFORE, City and Consultant agree as follows:

TERMS

1. Scope of Service. It is understood by City and Consultant that Consultant performs or secures the performance of surveying and related services for the City on an on-going basis. On each occasion Consultant performs services for City, Consultant shall advise the City in writing of the scope of services to be provided, and the cost of, and estimated time to perform the services. Consultant shall not proceed to perform any such service until City and Consultant have established a project cost, a completion schedule, and a time period for performance, and the City has given its written authorization to perform. Written approval for performance and compensation may be granted by the City Engineer.

2. Term; Completion Schedule. This Agreement shall commence on November 1, 2022 and shall terminate on November 1, 2027, 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 on a time and materials basis according to the rates of compensation as shown on Exhibit B.

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

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

Form: Professional Services Agreement v. January 2021
Whitson Engineers
November 2022

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

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

City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.

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.

Form: Professional Services Agreement v. January 2021
Whitson Engineers
November 2022

(B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.
(C) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.
(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.

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

10. Indemnity and Defense.
(A) Indemnification and Defense for Professional Services To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Agency and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by Agency in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the Agency. (B) For All Other Liabilities
Notwithstanding the foregoing and without diminishing any rights of Agency under Section

10.A, for any liability, claim, demand, allegation against Agency arising out of, related to, or pertaining to any act or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless Agency, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the Agency, except for the sole or active negligence of, or willful misconduct of the Agency.

Form: Professional Services Agreement v. January 2021
Whitson Engineers
November 2022

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.

Form: Professional Services Agreement v. January 2021
Whitson Engineers
November 2022

(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 the 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 Form: Professional Services Agreement v. January 2021
Whitson Engineers
November 2022

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:

City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
With a copy to:

City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:

Richard P. Weber, PE, PLS, QSD
Principal-in-Charge
6 Harris Court
Monterey, CA 93940
[email protected]
(831) 649-5225
Form: Professional Services Agreement v. January 2021
Whitson Engineers
November 2022

(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.

Form: Professional Services Agreement v. January 2021
Whitson Engineers
November 2022

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
Steve Carrigan
Form: Professional Services Agreement v. January 2021
Whitson Engineers
November 2022

City Manager
APPROVED AS TO FORM:
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney

CONSULTANT
By (Printed Name):

Its (Title):

Richard Weber
President
Form: Professional Services Agreement v. January 2021
Whitson Engineers
November 2022

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

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A)Commercial General Liability (“CGL”): 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).

Form: Professional Services Agreement v. January 2021
Whitson Engineers
November 2022

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.

Form: Professional Services Agreement v. January 2021
Whitson Engineers
November 2022

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

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

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

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

Form: Professional Services Agreement v. January 2021
Whitson Engineers
November 2022

Exhibit B- Fee Schedule
(Attached)

MASTER SERVICE AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF SALINAS AND BKF

ENGINEERS
Form: Professional Services Agreement v. January 2021 Page 1 of 15 BKF Engineers
November 2022
Form: Professional Services Agreement v. January 2021
BKF Engineers
November 2022

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

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

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

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

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

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

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

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

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

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

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

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

12. Access to Records................................................................................................................ 6

13. Non-Assignability................................................................................................................ 6

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

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

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

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

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

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

20. Integration and Entire Agreement........................................................................................ 8

21. Jurisdiction and Venue......................................................................................................... 8

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

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

24. Nondiscrimination................................................................................................................ 9

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

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

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

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

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

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

31. Counterparts....................................................................................................................... 10 Form: Professional Services Agreement v. January 2021
BKF Engineers
November 2022

32. Legal Representation. ........................................................................................................ 10

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

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

35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements.............................................................................................. 12 Exhibit B- Fee Schedule ............................................................................................................... 15 Form: Professional Services Agreement v. January 2021
BKF Engineers
November 2022

MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SALINAS AND BKF ENGINEERS
This Master Service Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 1st day of November 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and BKF Engineers a California corporation (hereinafter “Consultant”).

RECITALS
WHEREAS, Consultant represents that he, she, or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.

NOW, THEREFORE, City and Consultant agree as follows:

TERMS

1. Scope of Service. . It is understood by City and Consultant that Consultant performs or secures the performance of surveying and related services for the City on an on-going basis. On each occasion Consultant performs services for City, Consultant shall advise the City in writing of the scope of services to be provided, and the cost of, and estimated time to perform the services. Consultant shall not proceed to perform any such service until City and Consultant have established a project cost, a completion schedule, and a time period for performance, and the City has given its written authorization to perform. Written approval for performance and compensation may be granted by the City Engineer

2. Term; Completion Schedule. This Agreement shall commence on November 1st, 2022 and shall terminate on November 1st, 2027, 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 on a time and materials basis according to the rates of compensation as shown on Exhibit B.

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

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

Form: Professional Services Agreement v. January 2021
BKF Engineers
November 2022

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

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

City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.

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.

Form: Professional Services Agreement v. January 2021
BKF Engineers
November 2022

(B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.
(C) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.
(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.

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

10. Indemnification and Hold Harmless. Consultant agrees to indemnify, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the negligence, active negligence, or willful acts of the City; and does not apply to any passive negligence of the City unless caused at least in part by the Consultant (aka Design Professional). With respect to claims alleging Consultant’s professional negligence or professional liability, Consultant’s duty to defend obligation shall be met by reimbursing an indemnified party for indemnified party’s costs of defense following a determination of Consultant’s proportionate percentage of fault.

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.

Form: Professional Services Agreement v. January 2021
BKF Engineers
November 2022

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. shall:
(C) In the event that this Agreement is terminated by City for any reason, Consultant Form: Professional Services Agreement v. January 2021
BKF Engineers
November 2022

(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.

Form: Professional Services Agreement v. January 2021
BKF Engineers
November 2022

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

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

City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
With a copy to:

City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:

Ben Santos, PLS
Project Manager
307 Main St, Suite 120
Salinas, CA 93901
(408) 467-9171
[email protected]
(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.

Form: Professional Services Agreement v. January 2021
BKF Engineers
November 2022

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.

Form: Professional Services Agreement v. January 2021
BKF Engineers
November 2022

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

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A)Commercial General Liability (“CGL”): 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).

Form: Professional Services Agreement v. January 2021
BKF Engineers
November 2022

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.

Form: Professional Services Agreement v. January 2021
BKF Engineers
November 2022

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

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

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

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

Form: Professional Services Agreement v. January 2021
BFK Engineers
November 2022

Exhibit B- Fee Schedule
(Attached)

BKF ENGINEERS

PROFESSIONAL SERVICES RATE SCHEDULE
EFFECTIVE NOVEMBER 23, 2023

CLASSIFICATION HOURLY RATE

PROJECT MANAGEMENT
Principal/Vice President $272.00
Senior Associate/Vice President $244.00
Associate $237.00
Senior Project Manager | Senior Technical Manager $237.00 Project Manager | Technical Manager $231.00
Engineering Manager | Surveying Manager | Planning Manager $213.00

TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $198.00 Project Engineer | Project Surveyor | Project Planner $174.00 Design Engineer | Staff Surveyor | Staff Planner $151.00 BIM Specialist I, II, III $151.00 - $174.00 - $198.00
Technician I, II, III, IV $144.00 - $153.00 - $168.00 - $181.00 Drafter I, II, III, IV $113.00 - $124.00 - $134.00 - $149.00 Engineering Assistant | Surveying Assistant | Planning Assistant $94.00

FIELD SURVEYING
Survey Party Chief $198.00
Instrument Person $170.00
Survey Chainperson $127.00
Utility Locator I, II, III, IV $103.00 - $146.00 - $175.00 - $199.00 Apprentice I, II, III, IV $78.00 - $105.00 - $116.00 - $123.00

CONSTRUCTION ADMINISTRATION
Senior Consultant $259.00
Senior Construction Administrator $225.00
Resident Engineer $167.00
Field Engineer I, II, III $151.00 - $174.00 - $198.00

PROJECT ADMINISTRATION
Project Coordinator $126.00
Senior Project Assistant $109.00
Project Assistant $96.00
Clerical | Administrative Assistant $81.00
Expert witness rates are available upon request.

Subject to the terms of a services agreement:
• Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to:
printing and reproduction services; shipping, delivery, and courier charges; sub-consultant fees and expenses; agency fees; insurance
• Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due account
• Hourly rates shall not change for 1 year of agreement and are allowed an annual adjustment; the rates aabove must remain in effect through November 2023 and a rate increase of 3% maximum or CPI supported increase may be used thereafter.

MASTER SERVICE AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF SALINAS AND

WALLACE GROUP
Form: Professional Services Agreement v. January 2021 Page 1 of 15 Wallace Group
November 2022
Form: Professional Services Agreement v. January 2021
Wallace Group
November 2022

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

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

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

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

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

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

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

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

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

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

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

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

12. Access to Records................................................................................................................ 6

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

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

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

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

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

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

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

20. Integration and Entire Agreement........................................................................................ 8

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

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

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

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

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

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

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

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

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

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

31. Counterparts....................................................................................................................... 11 Form: Professional Services Agreement v. January 2021
Wallace Group
November 2022

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

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

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

35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements.............................................................................................. 13 Exhibit B- Fee Schedule ............................................................................................................... 16 Form: Professional Services Agreement v. January 2021
Wallace Group
November 2022

MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF SALINAS AND WALLACE GROUP
This Master Service Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 1st day of November, 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Wallace Group, a California Corporation (hereinafter “Consultant”).

RECITALS
WHEREAS, Consultant represents that he, she, or it is professionally trained, experienced, and competent to perform the special services which will be required by this Agreement, and services provided by consultant under this agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the same or similar locality; 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. It is understood by City and Consultant that Consultant performs or secures the performance of surveying and related services for the City on an on-going basis. On each occasion Consultant performs services for City, Consultant shall advise the City in writing of the scope of services to be provided, and the cost of, and estimated time to perform the services. Consultant shall not proceed to perform any such service until City and Consultant have established a project cost, a completion schedule, and a time period for performance, and the City has given its written authorization to perform. Written approval for performance and compensation may be granted by the City Engineer.

2. Term; Completion Schedule. This Agreement shall commence on November 1, 2022 and shall terminate on November 1, 2027, 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 on a time and materials basis according to the rates of compensation as shown on Exhibit B.

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

Except as specifically authorized by City, Consultant shall not bill City for duplicate services Form: Professional Services Agreement v. January 2021
Wallace Group
November 2022

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.

Form: Professional Services Agreement v. January 2021
Wallace Group
November 2022

(B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.
(C) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.
(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.

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

10. Indemnification and Hold Harmless.

Consultant shall indemnify, and hold City and its officers, and employees harmless, but not defend, from and against any and all liability, claims, damages arising out of any personal injury, bodily injury, loss of life, or damage to any property, or violation of any relevant applicable federal, state or municipal law or ordinance, or other cause to the extent arising from negligent, recklessness or intentional wrongful acts or omission of Consultant, its employees, subcontractors or agents, or on account of the negligent performance or character of the work, performed in breach of the applicable standard of the negligent, except for any such claim arising from the negligence or willful misconduct of the City, its officers, employees or agents.

Acceptance of insurance certificates and endorsement required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

Consultant shall reimburse the City for all costs and expenses including, but not limited to court costs, incurred by the City in enforcing the provisions of this section.

Nothing contained in the indemnity provisions shall be construed to require Consultant to indemnify the City, against any responsibility or liability in contravention of Civil Code 2782.

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 Form: Professional Services Agreement v. January 2021
Wallace Group
November 2022

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 Form: Professional Services Agreement v. January 2021
Wallace Group
November 2022

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. The Consultant may retain an archival copy of the confidential information, to the extent necessary to comply with Law or archival policies.
(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.

Form: Professional Services Agreement v. January 2021
Wallace Group
November 2022

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

21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas. Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.

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

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

City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
With a copy to:

City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:

Wallace Group
ATTN: Clayton Bradshaw
612 Clarion Ct
San Luis Obispo, California 93401
(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.

Form: Professional Services Agreement v. January 2021
Wallace Group
November 2022

(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, Form: Professional Services Agreement v. January 2021
Wallace Group
November 2022

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
Steve Carrigan
City Manager
Form: Professional Services Agreement v. January 2021
Wallace Group
November 2022

APPROVED AS TO FORM:
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney

CONSULTANT
By (Printed Name):

Its (Title):

Kari Wagner, PE 66026
Principal
Form: Professional Services Agreement v. January 2021
Wallace Group
November 2022

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

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).

Form: Professional Services Agreement v. January 2021
Wallace Group
November 2022

Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the Consultant’s insurance coverage except for Professional Liability and Workers Compensation 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.

Form: Professional Services Agreement v. January 2021
Wallace Group
November 2022

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

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

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

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

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-605, Version: 1
Closter Park Green Street Prop 68 Grant Application
Approve a Resolution authorizing the submittal of a grant application to the California Natural Resources Agency Urban Greening Program (Prop 68) to obtain funding for the construction of “green streets” around Closter Park.

City of Salinas Page 1 of 1 Printed on 11/9/2022
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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: NOVEMBER 15, 2022
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, DIRECTOR
BY: HEIDI NIGGEMEYER, NPDES PROGRAM MANAGER
TITLE: APPROVAL OF THE APPLICATION FOR URBAN GREENING

GRANT FUNDS FOR THE CLOSTER PARK GREEN STREET

PROJECT
RECOMMENDED MOTION:

A motion to approve a resolution authorizing the submittal of a grant application to the California Natural Resources Agency Urban Greening Program (Prop 68).

BACKGROUND:

Small amounts of rain throughout a watershed incrementally add up to large volumes of runoff downstream. Similarly, small changes to stormwater runoff treatment in a watershed can cumulatively result in significant improvements to overall watershed health. The lack of proper stormwater runoff management and treatment negatively affects public health/safety, economic stability/vitality, and the quality of life for urban dwellers, not to mention the environmental quality of local waterways. Effective and intensive Green Stormwater Infrastructure (GSI) implementation not only helps to address the impacts associated with excessive stormwater runoff, but also provides a strong overall investment value through the generation of significant social and economic benefits for the community.

In the fall of 2020, the NPDES Division was looking for a good location to implement a “green street” project to 1) demonstrate the benefits of “greening” to the community, and 2) to implement stormwater treatment facilities to support the City meeting its TMDL requirements. To accelerate progress toward NPDES permit compliance and articulate the linkage between the City’s financial investment with its stormwater program and the multitude of community benefits, the City took a strategic step to develop a green street conceptual design for the area around Closter Park to serve as a showcase first implementation of a “green street” in Salinas. The example attached to this report is just a concept design; the Public Works Dept. is in the process of reviewing proposals to develop the final design documents for this project.

This “green streets” project would be an example to the community of what a “green street” looks like and the benefits it can bring. The streets surrounding Closter Park present an opportunity to reduce flooding in the area, reduce impervious surfaces, introduce pervious pavements, increase Page | 2
urban greening through biofiltration swales, and reduce the urban heat island effect, all while promoting a safer pedestrian environment through raised crosswalks and a traffic circle. The green street renovations will encompass Towt St., Beech St., and Dewey Ave., all of which provide access to the Park. The proposed green streets intend to add popped out linear biofiltration swales along each street to capture and treat local stormwater runoff. Adjacent to the biofiltration swales will be 10 feet of permeable pavement to provide additional stormwater run-off mitigation.

Educational signage will be placed around the streets and a community planting day will be held to promote a better understanding of the project benefits. This project will serve as an example of the improvements that can be made to existing streets in the City to help improve public spaces, improve stormwater quality, and enhance community connection.

In March of 2022, the NPDES division of the Public Works Department submitted a grant application requesting ~$5.2 million in funds for the construction of “green streets” around Closter Park through the California Prop 68 Urban Greening program. Prior to submittal of this grant application, a lot of community outreach occurred. For example, the Alisal Vibrancy Plan indicated that input from the community indicates they are interested in 1) improved crosswalks and sidewalks for pedestrians, 2) improved maintenance and features in existing parks and recreation facilities, and 3) more gathering spaces where people can interact and create sense of community. This project is also in alignment with Goal LU5, “Encourage the development and activation of urban community spaces within the Alisal”, which would involve increased green space (greening streets and sidewalks). And finally, this project helps aligns with the Guiding Principle of “Livable and Sustainable Community”, working to improve the quality of water and air in the Alisal’s neighborhoods. The NPDES Division also conducted additional community outreach at tabling events at the General Plan meetings and Cyclovia. The community demonstrated a lot of support for the project.

In August 2022, the City was notified by the California Natural Resources Agency (CNRA), the Administrator of the Urban Greening Grant, that the project was selected to compete further in the Urban Greening Grant Program’s evaluation process (Phase 2), which entailed a site visit of the proposed project location on October 20th. The CNRA indicated that the City’s project has a very good chance of proceeding to Phase 3, which requires the submittal of specific documentation to the CNRA within 30 days after the site visit. One of these items of documentation required for submittal is a Resolution indicating the City approves the submittal of a grant application to the Urban Greening Grant Program. Unfortunately, this requirement was buried in the “Phase 3” document requirements in the grant guidelines and thus was overlooked by the NPDES Division, because the NPDES Division was focused on the immediate Phase 1 documentation submittals.

Therefore, the need to sign the proposed Resolution to allow the Closter Park Green Street project to obtain grant funding should it make it through Phase 3. In communications with the CNRA, they have indicated they will accept a Resolution that is dated after the grant application was submitted. They are very excited about the project.

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 Page | 3
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:

The proposed project meets the City Council’s Strategic Plan Initiative of Infrastructure and Environmental Sustainability.

DEPARTMENTAL COORDINATION:

This project relies on coordination between the Public Works Dept. (Traffic, CIP Engineering, NPDES) and the Library and Community Services Department. NPDES Division will coordinate with the CIP Engineering and Traffic Divisions regarding the design of the project. NPDES Division will coordinate with the Library and Community Services Department to ensure construction of the Closter Park Green Streets project aligns with the construction of the Closter Park Renovation project, also funded with Urban Greening grant funds.

FISCAL AND SUSTAINABILITY IMPACT:

There are no fiscal impacts currently. This item strictly pertains to obtaining a signed Resolution.

ATTACHMENTS:

Resolution
Closter Park Green Streets Concept Design
RESOLUTION NO. (N.C.S.)

A RESOLUTION OF THE CITY COUNCIL APPROVING THE APPLICATION FOR

GRANT FUNDS FOR URBAN GREENING PROGRAM
WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicant’s governing board before submission of said application(s) to the State; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the Project
NOW THEREFORE, BE IT RESOLVED that the Salinas City Council:

1. Approves the filing of an application for the Closter Park Green Street project; and

2. Certifies that the applicant understands the assurances and certification in the application, and

3. Certifies that the applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so; and

4. Certifies that it will comply with the provisions of Section 1771.5 of the State Labor Code; and

5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable permits will have been obtained; and

6. Certifies that the applicant will work towards the Governor’s State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1; and

7. Appoints the City Engineer, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).

Approved and adopted the 15th day of November 2022. I, the undersigned, hereby certify that the foregoing Resolution Number ___________________ was duly adopted by the CITY COUNCIL following a roll call vote:

AYES:

NOS:

ABSENT: APPROVED:

Kimbley Craig, Mayor
ATTEST:

Patricia M. Barajas, City Clerk
BEECH ST. TOWT ST.

DEWEY AVE.

ACOSTA ST. A A 1 1 1 1 1 1 1 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 1 4 3 2 2 3 3 5 55 5 5 2 27 7 7 7 76 6 7 7 7 7 8 8 8 8 8 8 8 8 8 8 8 8 SECTION A-A: BEECH ST. SCALE: NTS CONCEPTUAL DESIGN NOTES PROPOSED 6' WIDE BIOFILTRATION CELL WITH CONCRETE CURB RAISED ADA CROSSWALK NEW CROSSWALK BUMPOUT 10' WIDE PERMEABLE PAVEMENT PARKING LANE. PERMEABLE PAVEMENTS RECOMMENDED ARE PERVIOUS CONCRETE OR PERMEABLE INTERLOCKING CONCRETE PAVERS. BMP EDUCATIONAL SIGNAGE. REPLACE/REHABILITATE EXISTING ADA CROSSWALK STRIPING. STRIPE NEW ADA CROSSWALK PROPOSED NEW TREE 12345678 CLOSTER PARK GREEN STREET CONCEPT PLAN BIOFILTRATION CELL [BMP OPTION] PERMEABLE PAVEMENT: CONCRETE [BMP OPTION] Site Information Location Closter Park Salinas, Ca Latitude/Longitude 36.6814°N/121.6151°W Groundwater Depth ~56 ft below ground level (from closest well from State Well Number:14S03E27B001M) Hydrologic Soil Group Group D PROJECT DESCRIPTION The streets surrounding Closter Park present an opportunity to reduce impervious surfaces, introduce enhanced pavements, increase urban greening through bioretention swales, and reduce the urban heat island effects, all while promoting a safer pedestrian environment. The streets provide the community access to the Park where street parking and pedestrian traffic serve as the primary transportation methods to the area. This green street project effort seeks to revitalize and re-envision the surroundings streets to incorporate green infrastructure solutions providing improved water quality, lowering flood risk, and increasing pedestrian safety. The green street renovations will encompass Towt St., Beech St., and Dewey Ave. The proposed green streets intend to add popped out linear bioretention swales along each street. These bioretention swales will capture and treat the local stormwater runoff. Adjacent to the bioretention swales will be a 10' wide permeable pavement parking section to provide additional stormwater run-off mitigation. The green street project will serve as an example of improvements that can be made to existing streets to help improve public spaces, effluent stormwater quality, and enhance community connection. Educational signage will be placed strategically around the streets to promote a better understanding of the project objectives. This synergy can provide a public and community benefit while improving the environmental quality of the built public space. The streets and park are owned and operated by the City of Salinas. PROJECT VICINITY MAP Capital Cost Estimate Parameter Value Planning, Design, & Permitting $1,339,000 Construction Site Preparation $3,976,329 Greening Elements $703,655 Educational Signage $1,250 Contingency (10% subtotal) $468,124 TOTAL $6,488,358 PROJECT BENEFITS · Beautification via planting drought-tolerant, native plants in the biofiltration area. Also reduce heat island effect by introducing more landscaped areas. · Pavement and Support Elements decreases pavement by replacing with biofiltration areas and replaced AC pavement with permeable paving in curbside street parking. · Provide diverse drought-tolerant, native vegetation within biofiltration cells and crosswalk bumpout areas. · Enhanced Community Connection/Public Education by use of public educational signage explaining park BMP benefits. Feet 160 80 0 TRAFFIC CIRCLE [TRAFFIC CALMING ELEMENT] RAISED CROSSWALK [TRAFFIC CALMING ELEMENT] EDUCATIONAL SIGNAGE [ENHANCED COMMUNITY CONNECTION] BERKELEY SEDGE [SALINAS APPROVED PLANT TYPE OPTION] 6' Biofiltration 6' Biofiltration Ex. Sidewalk Ex. Sidewalk City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-607, Version: 1
Sewer System Management Plan Update
Approve a Resolution approving the Sewer System Management Plan (SSMP) as required by the State Water Resources Control Board.

City of Salinas Page 1 of 1 Printed on 11/9/2022
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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: NOVEMBER 15, 2022
DEPARTMENT: PUBLIC WORKS, WASTEWATER DIVISION
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: GARY GABRIEL, WASTEWATER MANAGER
TITLE: SEWER SYSTEM MANAGEMENT PLAN (SSMP)
RECOMMENDED MOTION:

Staff recommends that the City Council approve the attached Sewer System Management Plan (SSMP) as required by the State Water Resources Control Board. Once approved, the elements of the SSMP will be used as a guide to effectively manage the City’s Industrial Waste Collection System.

EXECUTIVE SUMMARY:

The SSMP is a document that describes the activities that the agency uses to manage its wastewater collection system effectively. The intent of the SSMP, as required by the Waste Discharge Requirements (WDR), is to implement a formalized criteria and procedure for design and construction, rehabilitation, operation, and maintenance of the City’s industrial wastewater collection system.

BACKGROUND:

On May 2, 2006, pursuant to its authority under California Water Code 13263. The State Water Resources Control Board (SWRCB) adopted the Statewide General Waste Discharge Requirement (WDR) and issued the Water Quality Order No. 2006-003. Furthermore, amended the Monitoring and Reporting Program (MRP). Order No. WQ 2008-0002-EXEC and Order No.WQ 2013-0058- EXEC to regulate wastewater collection system management. The purpose of the WDR is to protect the water quality in the State and prevent public nuisance associated with sewer overflows.

The WDR applies to all public collection system agencies in California that own or operate collection systems with more than one mile of pipe or sewer lines that convey untreated wastewater to a publicly owned treatment facility.

Wallace Group pursuant of master services agreement was hired on 09/22/2022 by City of Salinas to perform the Industrial Sewer System Management Plan (SSMP) update at a cost of $11,764.00.

The SSMP update was satisfactorily completed by Wallace Group and City Staff on 10/31/2022 and is ready to be submitted to the State Water Resources Control Board (SWRCB).

Page | 2
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 requested Council action directly relates to Council’s Strategic Plans or Goals of providing “Well Planned City and Excellent Infrastructure” as well as “Safe, Livable Community”. By adopting the Sewer System Management Plan. The city will continue to maintain all aspects of the Industrial Waste System reducing the risk of potential accidental discharges.

DEPARTMENTAL COORDINATION:

The Wastewater Division in conjunction with Public Work Engineering secured funding to perform the required update to the SSMP utilizing the Wallace Group. Both departments reviewed the updated SSMP and agreed to its conformity.

FISCAL AND SUSTAINABILITY IMPACT:

No City funds required for the approval of this plan
ATTACHMENTS:

Resolution
SSMP Plan and Related Attachments
Wallace Group Agreement
1 RESOLUTION NO. (N.C.S.)

RESOLUTION OF THE COUNCIL OF THE CITY OF SALINAS ACEPTING AND

CERTIFIYING THE CITY OF SALINAS INDUSTRIAL WASTE COLLECTION

SYSTEM SANITARY SEWER MANAGEMENT PLAN
WHEREAS, the State Water Resources Control Board enacted Board Order No. 2006- 003-DWQ on May 2 2006, establishing Waste Discharge requirements for all public agencies that own or operate sewer systems greater than one mile in length that collect or convey untreated wastewater to publicly owned treatment facility; and
WHEREAS, the Waste Discharge Requirements (WDR) requires agencies to prepare and governing boards to adopt, Sewer System Management Plans with specific Elements at least every 5 years; and
WHEREAS, the necessary changes, revisions and amendments to the Sewer System Management Plan have now been prepared and are ready for City Council Consideration.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby approves this Resolution accepting and certifying the Sanitary Sewer Management Plan and authorizing the Public Works Director and his designees to take whatever additional action necessary to effectuate the intent of this Resolution.

PASSED AND APPROVED this 15 November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
September 20, 2022
Gary Gabriel
City of Salinas: Public Works-Environmental & Maintenance Services 426 Works Street
Salinas, California 93901
Subject: Regulatory Compliance Assistance: Sanitary Sewer Management Plan (SSMP) Update 2022
Gary:

Wallace Group appreciates the opportunity to provide you with our proposal for Public Works Administration services for the above referenced project. Based on our discussion, the following revised Scope of Services has been prepared for your consideration:

PROJECT UNDERSTANDING
The State Water Resources Control Board (SWRCB) established Statewide General Wastewater Discharge Requirements (GWDR) for Sanitary Sewer Systems, Orders No. 2006- 0003-DWQ and revised Monitoring and Reporting Program WQ 2013-0058-EXEC, which required all public entities that own or operate sanitary sewer systems greater than one mile in length in California to create, implement, and maintain a SSMP. WDR Order No. 2006-0003-DWQ requires all agencies to develop and update their SSMP as described below:

WDR Order No. 2006-0003-DWQ:

To facilitate proper funding and management of sanitary sewer systems, each Enrollee must develop and implement a system-specific Sewer System Management Plan (SSMP). To be effective, SSMPs must include provisions to provide proper and efficient management, operation, and maintenance of sanitary sewer systems, while taking into consideration risk management and cost benefit analysis. Additionally, an SSMP must contain a spill response plan that establishes standard procedures for immediate response to an SSO in a manner designed to minimize water quality impacts and potential nuisance conditions.

WDR Order No. 2006-0003-DWQ, Section D.14:

The SSMP must be updated every five (5) years, and must include any significant program changes. Re-certification by the governing board of the Enrollee is required in accordance with D.14 when significant updates to the SSMP are made. To complete the re-certification process, the Enrollee shall enter the data in the Online SSO Database and mail the form to the State Water Board, as described above.

The City of Salinas (City) Industrial Wastewater System SSMP was last audited in September 2022 as required by the WDR Order described above. The City is requesting assistance with a required Update to their Industrial Wastewater System SSMP to address areas identified as deficient and/or out of compliance with the GWDRs. Based on the findings in the 2022 Audit and discussions with the City, we have prepared the following Scope of Services for your consideration:

PP22-7673
City of Salinas
September 20, 2022

SCOPE OF SERVICES
Task 1: Project Management
This task includes coordination of project activities, including scheduling and budget controls, Client coordination, quality control, and other related project management activities.

Task 2: SSMP Update
Wallace Group will develop and update each of the eleven (11) elements of the City Industrial Wastewater Collection System SSMP Revision 0, dated 2016.

The current City SSMP requires development and update for compliance with the SSSWDRs.

The scope of the update will incorporate the recommendations identified in the 2022 SSMP Audit and additional information as applicable provided by the City. Wallace Group Staff will work collaboratively with City staff to develop and update the existing SSMP and to obtain any additional materials and documentation necessary for this update. The SSMP will be formatted to clearly identify sections and sub-sections of document to applicable GWDRs. Appendices with reference materials will be included for each Element of the SSMP as applicable. The table below summarizes the scope of the recommended update:

Table 1- City of Salinas SSMP Summary of Recommended Updates SSMP Requirement
2006 GWDR Section D.13 Wallace Group Recommended Updates System History and Overview Update general introduction, Executive Summary, and system description/overview.
i. Goal Develop new Goals that are specific to the
City’s industrial collection and conveyance
system. These goals will be assessed and
measured in Element 9: Monitoring
Measurement and Program Modifications.
ii. Organization Update the City organization chart and SSO Chain of Communication.
iii. Legal Authority N/A – some minor reformatting.
iv. Operation and Maintenance
Program
Update this section to reflect current practices
and planned activities. Include descriptions of
updated Rehabilitation/Replacement and
Capital Improvement Plans and schedules.

Include status of projects in CIP. Develop a
plan and schedule as well as summary of CCTV
Program and additional areas identified in the
Audit recommended for update. Update as
applicable supporting documents; line cleaning
and manhole logs, and manhole inspection
report template. Document a plan and
schedule for O&M Training Program.
v. Design and Performance
Provisions
Update this section to identify the Public
Works Design Standards and Testing
Requirements the City will follow. Incorporate
these documents into appendices and/or
website references
vi. Overflow Emergency Response
Plan (OERP)
Update the OERP with new staff and contractor
contacts as applicable. Include updated
Emergency Response Procedures by reference.

PP22-7673
City of Salinas
September 20, 2022

vii. Fats, Oils and Grease (FOG)
Control Program
N/A – short narrative on why this is not
applicable.
viii. System Evaluation and Capacity
Assurance Plan
Integrate the status, schedule and funding
planned for short and long-term CIP.
ix. Monitoring, Measurement, and
Program Modifications
Create a program/matrix to schedule, track,
and evaluate SSO trends, the effectiveness of
Preventative Maintenance, and the
effectiveness of each Element of the SSMP
annually. Provide tracking schedule for
implementation of each Element.
x. SSMP Program Audits Provide a description and schedule for Audit process. Identify Audit format.
xi. Communication Program Update the plan and schedule to communicate SSMP revisions, implementation, and
accomplishments with the public.

Supporting documents for each element will be provided in an appendix to the final SSMP.

The proposal includes two (2) 2-hour meetings with City Staff to develop and finalize the SSMP. Both are anticipated to be virtual Teams Meeting.

Deliverables:
 Updated SSMP - One (1) electronic PDF)

TO BE PROVIDED BY THE CLIENT
 Word document 2016 Industrial Wastewater System SSMP
 Any revisions completed since 2016 SSMP was adopted
 Additional Budgetary and Capital Projects information  GIS City Storm Drain Maps and Data
 Other Operations and Maintenance information that may be necessary for the update to the SSMP
 Current City Overflow Emergency Response Plan
 Additional items to be determined; collection system reports, records, procedures, and exhibits necessary to update SSMP.

TASK 1 – 2: SCHEDULE
Upon receipt of this signed purchase order, Wallace Group Public Works Regulatory Compliance Staff will begin work to complete Tasks #1 and #2 upon receiving a notice to proceed form the City.

Task Schedule Responsible Party
Notice to Proceed September 27th City
Data Request Issue October 3rd –
Receive all Data from City
October 7th
Wallace Group issue
request, City Staff
collect and submit data
Draft SSMP October 10 – October 21st Wallace Group
Review and Comment – Draft
SSMP
October 21st – October
26th
City Staff
Responses to
Comments/Integrate into SSMP
October 27th – October
31st
Wallace Group
Final SSMP *November 1st Wallace Group
PP22-7673
City of Salinas
September 20, 2022