Salinas City Council
August 22, 2023

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

RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION,

APPROVING AN AMENDMENT TO CHANGE THE GENERAL PLAN LAND USE

DESIGNATION, BOUNDARIES, AND A CONDTIONAL USE PERMIT TO ESTABLISH AND OPERATE AN EXTENDED STAY HOTEL LOCATED AT 2110

NORTH MAIN STREET
(GPA 2022-003 AND CUP 2022-005 – RELATED TO RZ 2022-005)

WHEREAS, on June 20 , 2023, the Salinas City Council at the request of Daniel Saphorghan, Swift Consulting on behalf of Janika Corporation DBA Capitol Motel held a du ly noticed public hearing to consider the following applications on a site located at 2110 North Main Street (APN: 253-074-005-000):

1. General Plan Amendment 2022-003 (GPA 2022-003); Request to change the General Plan designation of an approximately 8,349 square-foot eastern portion of a 18,880 square-foot lot located at 2110 North Main Street from “Residential Low Density” to “Retail”;

2. Rezone 2022 -003 (R Z 2022-003); Request to change Zoning designation of the above referenced 8,349 square-foot eastern portion of the project site from “Residential Low Density (R-L-5.5)” to “Commercial Retail (CR)”; and

3. Conditional Use Permit 2022-005 (CUP 2022-005); Request to establish and operate an Extended Stay Hotel for 22 of 25 rooms; and

WHEREAS, the City, in accordance with requirements of CEQA and the CEQA Guidelines prepared a Mitigated Negative Declaration, dated March 17, 2023, for General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 herein incorporated by reference and included as Exhibit “2”; and

WHEREAS, the City completed and filed a Notice of Intent to Adopt a Mitigated Negative Declaration with the Monterey County Clerk on March 17, 2023, which commenced a 30-day local public review period starting on March 17, 2023 and ending on April 17, 2023; mailed a Notice of Public Hearing to all property owners located within 300-feet the project sites; and posted the Notice of Intent to Adopt a Mitigated Negative Declaration in locations throughout the City of Salinas City Hall and administrative offices; and
WHEREAS, the City mailed the Mitigated Negative Declaration to the State Clearinghouse on March 17, 2023, which commenced a 30-day local public review period starting on March 17, 2023 and ending on April 17, 2023 (State Clearinghouse No. 2023030481); and

WHEREAS, on May 3, 2023, the Salinas Planning Commission, held a duly noticed public hearing to consider General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use

Permit 2022-005; and

WHEREAS, the Planning Commissi on considered a Mitigated Negative Declaration prepared for this project and independently determined that all impacts were adequately addressed in accordance with the California Environmental Quality Act; and

WHEREAS, the Planning C ommission weighed the evidence presented at said public hearing, considered the staff report, determined that positive findin gs could be established for approval of the project, adopted Resolution No. 2023-05 recommending that the City Council adopt the Mitigated Negative Declaration and approve General Plan Amendment 2022-003, Rezone 2022- 003, and Conditional Use Permit 2022-005; and

WHEREAS, on May 9, 2023, the Housing and Land Use Committee recommended that the City Council adopt the Mitigated Negative Declaration and approve General Plan Amendment 2022- 003, Rezone 2022-003, and Conditional Use Permit 2022-005; and

WHEREAS, the City Council weighed the evidence presented at said public hea ring, including the Staff Report which is on file at the Community Development Department, reviewed and considered the information contained in the Initial Study and related environmental documents including the Mitigated Negative Declaration.

NOW, THEREFORE, BE IT RESOLVED by the Salinas City Council that the Council adopts the proposed Mitigated Negative Declaration and approves General Plan Amendment 2022- 003 and Conditional Use Perm it 2022-005 and adopts the following fi ndings as the basis for its determination, and that the foregoing recitations are true and correct, and are i ncluded herein by reference as findings:

For the Mitigated Negative Declaration:

The environmental impacts of the project have been analyzed in accordance with the California Environmental Quality Act (CEQA). An Initial Study was prepared to evaluate the potential impacts associated with the project. Based upon review of the Initial Study, the proposed project will not have a significant effect on the environment. The Initial Study and Mitigated Negative Declaration were routed to responsible agencies and posted at the County Clerk’s Office on March 17, 2023; the deadline for comments was April 17, 2023. The State Clearinghouse received the document on March 17, 2023; the deadline for Clearinghouse comments was April 17, 2023 (SCH# 2023030481).

The City Council hereby finds that a Mitigated Negative Declaration ( MND) has been prepared with respect to the project in compliance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder. Further, this Commission has independently reviewed and considered the information contained in the Initial Study and related environmental documents, together with the comments received during the public review process. On the basis of the whole record b efore it, the Council finds that there is no substantial evidence that the project will have a significant effect on the

environment and that the MND reflects the Council’s independent judgment and analysis. On this basis, the City Council adopts the Mitigated Negative Declaration.

Public comments were received from the following during the comment period as described below:

1. Comments received via email from Monterey Salinas Transit on April 12, 2023.

a. Monterey Salinas Transit (MST) serves, operates and maintains two (2) exist ing stops within the project’s vicinity for Line 49 . Line 49 travels from the Salinas Transit Center in Downtown Salinas to Santa Rita via North Main Street. Per MST, the service operates every 15 minutes from Downtown Salinas to Northridge Mall and every 30 minutes to Santa Rita. MST encourages the Applicant/Property Owner (Capitol Motel) to enroll in their Group Discount Program to offer employees and hotel guests bus passes at substantially reduced rates.

Staff Response: This information from MST has been provided to the Applicant/Property Owner for future reference.

For General Plan Amendment 2022-003:

1. That the proposed General Plan Amendment is in conformance with all other goals, policies, programs, and land uses of the Salinas General Plan.

The proposed Amendment is consistent with Salinas General Plan Policies. The proposed change of a land use designation for an approximate 8,349 square-foot eastern portion of a 18,880 square-foot lot from “Residential Low Density” to “Retail” is not expected to result in negative impacts or conflicts with surrounding properties, because it would be consistent with the western portion of the project site and allow for uses prescribed by the City’s 2002 General Plan Land Use designation of Retail.

2. That the proposed General Plan Amendment promotes the public necessity, convenience, and general welfare.

The General Plan Amendment promotes the public necessity, convenience , and general welfare because the proposal will allow an existing lot to have a consistent designation and allow for a proposed Extended Stay Hotel.

For Conditional Use Permit 2022-005:

1. The proposed location of the use is in accordance with the objectives of the Salinas General Pl an, this Zoning Code and the purposes of the district in which the site is located;

The western portion of the site is designated “Retail” by the 2002 Salinas General Plan. The

related General Plan Amendment will redesignate an approximate 8,349 square-foot eastern portion of the project site to from “Residential L ow Density” to “Retail”. The proposed Extended Stay Hotel would be allowed wi th the entire site being zoned “Retail”. Per the General Plan, Retail provides for a variety of retail uses such as retail stores, restaurants, hotels, personal services business services and financial services. The proposed project is consistent with General Plan Goals and Policies. Located on an in-fill site, the project would help maintain a compact City form, consistent with Land Use Policy LU-2.4. Consistent with ED-LU-1.10, Action LU -1.10.5, the proposed Hotel, Extended Stay for H -2A workers supports Federal agriculture services.

As shown on the official Zoning Map, the western portion of the project site is zoned Commercial Retail (CR) and the eastern portion is zoned Residential Low Density (R-L-5.5).

The related Rezone would change the Zoning designation of the eastern portion of the project site from R-L-5.5 to CR. This would allow the entire project site to be zoned CR and allow for the proposed Extended Stay Hotel. Per Section 37-30.190, Commercial Retail allows a wide range of retail stores, restaurants, hotels and motels, commercial recreation, personal services, business services, offices, financial services, mixed use residential, and/or limited residential uses. Per Section 37-50.085(a), the proposed Extended Stay Hotel will provide an additional option for the workforce, residents, and travelers in need of longer hotel stays that will advance Salinas’ economic growth and relieve housing shortages; and will ensure that the Extended Stay Hotel is operated in a manner that provides the highest possible livability standards of design, environment, and security and achieve overall neighborhood compatibility.

2. The proposed location of the conditional use and the proposed conditions under which it would be operated or maintained are consistent with the Salinas General Plan and will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood of such use, nor detrimental to properties or improvements in the vicinity or the general welfare of the City of Salinas; and

Per Section 37 -50.085(c), f or conversion of an existing hotel/motel to extended stay, compliance with the Zoning Code development standards will ensure that the proposed use is not detrimental to the public health, safety, or welfare of persons residing or working adjacent to the neighborhood of such use, nor detrimental to the properties, or improvements in the vicinity or to the general welfare of the City. Furthermore, in conformance with Section 37-50.085(d), the site has passed a Code Enforcement inspection on February 25, 2022, and a Fire Department inspection on March 24, 2022.

3. The proposed conditional use will comply with the provisions of the Salinas Zoning Code, including any specific conditions required for the proposed use.

Conditions have been recommended for this permit to ensure that, when implemented, the project will conform and comply with the provisions of the Salin as Zoning C ode. For example, conditions require the Extended Stay Hotel to conform the development standards in Section 37-50.085(c).

PASSED AND ADOPTED this 20th day of June 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED

_________________________________
Kimbley Craig, Mayor
ATTEST

________________________
Patricia Barajas, City Clerk

Attachments:

Exhibit 1: Vicinity Map
Exhibit 2: Mitigated Negative Declaration dated March 17, 2023 Exhibit 3: General Plan Amendment Map for 2110 North Main Street

I:\ComDev\Planning Share Space\General Plan Amendments\GPA 2022-003, RZ 2022 -003, & CUP 2022 -005 - 2110 N Main St \CC Staff Report packet\GPA 2022-003 and CUP 2022-005 CC Resolution MND.doc

ORDINANCE NO. (N.C.S.)

AN ORDINANCE AMENDING THE ZONING MAP BY THE ZONING
DISTRICT, BOUNDARIES OF AN APPROXIMATELY 8,349 SQUARE-FOOT EASTERN PORTION OF A 18,880 SQUARE-FOOT LOT LOCATED AT 2110 NORTH MAIN STREET FROM “RESIDENTIAL LOW DENSITY (R-L-5.5)” TO “COMMERCIAL RETAIL (CR)”; (RZ 2022-003 – RELATED TO GPA 2022-003 AND CUP 2022-005)

City Attorney Impartial Analysis

The proposed ordinance would change the zoning designation of an approximately 8,349 square-foot eastern portion of a 18,880 square-foot lot from “Residential Low Density (R-L-5.5)” to “Commercial Retail (CR)”. The proposed Extended Stay Hotel Use would comply with the purposes of the Commercial Retail land use designation.

WHEREAS, on June 20, 2023, the Salinas City Council at the request of Daniel Saphorghan, Swift Consulting on behalf of Janika Corporation DBA Capitol Motel held a duly noticed public hearing to consider Rezone 2022 -003 (R Z 2022-003); Request to change Zoning designation of an approximately 8,349 square-foot eastern portion of the a 18,880 square-foot lot from “Residential Low Density (R -L-5.5)” to “Commercial Retail (CR)” related to General Plan Amendment 2022 -003 and Conditional Use Permit 2022 - 005; and

WHEREAS, on May 3, 202 3, the Salinas Planning Commission, held a duly noticed public hearing to consider Rezone 2022-003; and

WHEREAS, the Planning Commission considered a Mitigated Negative Declaration prepared for this project and independently determined t hat all impacts were adequately addressed in accordance with the California Environmental Quality Act; and

WHEREAS, the Pla nning Commission weighed the evidence presented at said public hearing, considered the staff report, determined that positive findin gs could be made for approval of the project, adopted Resolution No. 2023-05 recommending that the City Council adopt the related Mitigated Negative Declaration and approve Rezone 2022- 003; and

WHEREAS, on May 9, 2023 , the Housing and Land Use Committee recommended that the City C ouncil adopt the Mitigat ed Negative Declaration and approve Rezone 2022-003; and

WHEREAS, on June 20, 2023, the City Council weighed the evi dence presented at the public hearing, including the staff presentation and the Staff Report which is on file at the Salinas City Clerk’s Office and the Community Development Department, and all public testimony and documentary evidence introduced and rece ived at the public hearing, together with the record of environmental review; and

WHEREAS, the City Coun cil has reviewed an d considered the informat ion contained in the Initial Study and related environmental documents including the Mitigated Negative Declaration; and

WHEREAS, on June 20, 2023, the City Council adopt ed the Mitigated Negative Declaration prepared for General Plan Amendment 20 22-003, Rezone 20 20-001, and Conditional Use Permit 2022-005; and

WHEREAS, the proposed Rezone would change the zoni ng designation of the approximately 8,349 square -foot easter n portion of a 18,880 square -foot lot from “Residential Low Density (R -L-5.5)” to “Commercial Retail (CR) ”, as further described above and shown on Exhibit 1, attached hereto and incorporated herein by reference; and

WHEREAS, the proposed Rezone has been found to be consistent with the goals, policies, and programs of the Salinas General Plan; and

WHEREAS, the Salinas City Council adopts the following findings as the basis for its determination, and that the foregoing recitations are true and correct, and are included herein by reference as findings:

For Rezone 2022-003:

1. The amendment is consistent with the Salinas General Plan, any applicable Specific Plan, and other plans and policies adopted by the Salinas City Council.

The proposed Amendment is consistent with Salinas General Plan Policies. The proposed change of a land use designati on for an approximate 8,349 square-foot eastern portion of a 18,880 square -foot lot from “Residential Low Density” to “Retail” is not expected to result in negative impacts or conflicts with surrounding properties, because it would be consistent with the w estern portion of the project site and allow for uses prescribed by the City’s 2002 General Plan land use designation of Retail.

2. The amendment will not have the eff ect of reversing the policies of the Salinas General Plan, any applicable Specific Plan, an d other plans and policies adopted by the Salinas City Council.

There are no policies within the Salinas General Plan that would be reversed as a result of this amendment. There are no Specific Plans or Precise Plans applicable to the site.

3. The amendme nt would not create an isolated district unrelated to adjacent zoning districts.

The proposed zoning amendment will not create an unrelated zoning district because the rezoning would extend the boundary of the existing and contiguous Commercial Retail ( CR) Zoning District to include the eastern portion of an existing lot located at 2110 North Main Street.

4. The City has the capability to provide public utilities, roads, and services to serve the uses allowed by the proposed amendment.

Salinas is an urbanized area and public infrastructure is presently in place to serve most uses. The proposed Rezoning would not create the need for additional infrastructure.

NOW, THEREFORE, T HE SALINAS CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:

SECTION 1. The City of Salinas ’s Zoning Map, a c opy of which is on file with the City Clerk of the City of Salinas and which copy c onstitutes the original record, is hereby amended to reflect the following:

That certain real property located in the City of Salinas, County of Monterey, State of California, and shown and designated on that certain map attached hereto as Exhibit 1 and mad e a part he reof, entitled “ Rezone 20 22-003 Map” and which real propert y, an approximately 8,349 square-foot eastern portion of APN: 253-074-005-000, located at 2110 No rth Main Street and now classified in the Residential Low Density (R-L-5.5) Zoning District, is hereby reclassified as shown on the attached to Commercial Retail (P - F) Zoning District.

SECTION 2. The aforesaid map and all notations, refe rences and o ther information shown thereon shall be as much a par t of this ordinance as if the matters and information shown on said map were fully described herein.

SECTION 3. This ordinance shall take effect and be in force thirty days from and after its adoption.

SECTION 4. The Salinas City Clerk is hereby direct ed to cause the following summary of the ordinance to be published by o ne insertion in The Monterey Herald, a newspaper of general circula tion published and circulated in t he City of Salinas and hereby designated for that general purpose by the Salinas City Council:

“The City of Salinas’s Zoning Map has been amended by recla ssifying an approximately 8,349 square-foot eastern portion of a 18,880 square-foot located at 2110 North Main Street from “Residential Lo w Density (R-L-5.5)” to “Commercial Retail ” ( CR). This Ordinance goes into effect 30 days after adoption. For additional detai l concerning this amendment, contact the Community Development Department, 65 West Alisal Street, Sal inas, CA 93901.”

NOW BE IT FURT HER RESOLVED that the Applicant or Successor-in- Interest shall comply with the following conditions of approval:

1. Pursuant to Salinas City Code Section 1 -8.1: Civil action enforcement , and Section 1 -8.2: Liability for costs , the Appl icant(s) or Su ccessor-in-Interest shall reimburse the City of Salinas for all costs and e xpenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by the City in enforcing the provisions of the General Plan Amendment and/or Rezone; and

2. The Applicant(s) or Successor -in-Interest shall defend, indemnify, and hold harmless the City of Salinas or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding agai nst the City, its boards, commissions, agents, officers, or employees to attack, set asid e, void, or annul, the approval of this project/use. For Tentative Maps, this shall also apply when such claim or action is brought within t he time period provided fo r in applicable state and/or lo cal statutes. The City shall promptly notify the Applicant(s) or Successor-in-Interest of a ny such claim, action, or proceeding. The City shall cooperate in the defense. Nothing contained in this condition shall prohibit t he City from participation in a defense of any claim, ac tion, or proceeding if the City bears its own attorney's fees and c osts, and the City defends the action in good faith.

This ordinance was introduced and read on June 20 , 2023, and passed and adopted on __________________________, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED;

__________________________
Kimbley Craig
Mayor
APPROVED AS TO FORM:

___________________________________
Christopher A. Callihan, City Attorney

ATTEST:

__________________
Patricia Barajas
City Clerk

EFFECTIVE DATE: ______________

Attachments: Exhibit 1: Vicinity Map
Exhibit 2: Rezone Map for 2110 North Main Street
Exhibit 3: Mitigated Negative Declaration dated March 17, 2023

I:\ComDev\Planning Share Space\General Plan Amendments\GPA 2022-003, RZ 2022-003, & CUP 2022 -005 - 2110 N Main St \CC Staff Report packet\RZ 2022-003 CC Ordinance.doc

When recorded, return to:

CITY OF SALINAS
Community Development Department
65 West Alisal Street, Salinas, CA 93901
Attn: Thomas Wiles, Senior Planner

SPACE ABOVE FOR RECORDER’S USE ONLY
_____________________________________________________________________________________________________________ Title of Document

CONDITIONAL USE PERMIT NO. 2022-005
City of Salinas
Community Development Department

WHEREAS, the Salinas City Council, at a public hearing duly noticed and held on ___ 2023, found that the proposed location of the use and structure is in accord with the objectives of the Salinas Zoning Code and the purposes of the zoning district in which the site is located; that the location of the use and structure and the proposed conditions under which it would be operated and maintained will be consistent with the Salinas General Plan and will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood of such use, nor detrimental to properties or improvements in the vicinity or the general welfare of the City of Salinas; that the use and structure will comply with the provisions of the Salinas Zoning Code, including the specific conditions required for the proposed use and structure; and that this conditional use has been evaluated in accordance with the California Environmental Quality Act, as amended; and that the Salinas City Council has reviewed and considered an Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

NOW, THEREFORE, the Salinas City Council hereby grants and issues Conditional Use Permit No. 2022-005 pursuant to Article VI, Division 8: Conditional Use Permits , of Chapter 37 of the Salinas City Code and upon the following terms and conditions and not otherwise, to wit:

ISSUED TO: Capitol Hotel – Ray Patel

PROPERTY OWNER: Janika Corporation DBA Capitol Motel

FOR USE: Establish and operate an Extended Stay Hotel
(22 of 25 on-site rooms)

ON PROPERTY LOCATED AT: 2110 North Main Street

ASSESSOR'S PARCEL NO.: 253-074-005-000

ZONING DISTRICT: Commercial Retail (CR)

ENVIRONMENTAL REVIEW ACTION & DATE: Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program: ______, 2023.

EXPIRATION DATE: None, once properly established, unless the subject Hotel, Extended Stay use ceases operation for a continuous period of six (6) months or more.

RIGHT TO OPERATE/DEVELOP

1. The Permittee shall have the right to establish and operate an Extended Stay Hotel (22 of 25 rooms) on the above-described property in accordance with the following exhibits incorporated herein by reference and made a part of this Permit:

Exhibit "A" Vicinity Map
Exhibit "B" Site Plan (Sheet A-0)
Exhibit "C" Exterior Elevations
Exhibit "D" Zone & Parcel Map (Sheet A-1)
Exhibit "E" Floor Plan (Sheet A-2)
Exhibit "F" Photometric Plans (Sheet A-3)
Exhibit "G" Landscaping (Sheet L-1)
Exhibit "H" Capitol Hotel Management Plan
Exhibit "I" Engineer’s Report dated January 28, 2022
Exhibit "J" Police Department comments dated August 23, 2022 Exhibit "K" Mitigation Monitoring and Reporting Program

LIMITATIONS ON USE

2. Each room shall have a minimum one hundred fifty square feet of floor area , including bathroom. Kitchen floor area is not included in the minimum area calculation.

3. Each room shall contain a bathroom including a toilet, sink, and shower or tub.

4. A minimum of five hundred square feet of common area shall be provided, which could include a dining area.

5. Laundry facilities consisting of individual or common washer and dryer shall be provided. A minimum of one washer and one dryer shall be provided for every twenty-five rooms.

6. The Permittee or successor -in-interest shall comply with t he M anagement Plan attached as Exhibit “H” Capitol Motel Management Plan, which requires twenty- four hour on-site property management, provides for the loading and unloading of transportation and provision of food services between the hours of 5:00 a.m. to 7:00 p.m.

7. The Permittee or successor -in-interest shall comply with the Transportation Plan

attached as a part of Exhibit “H” Capitol Hotel Management Plan. Buses, vans and similar vehicles shall be permitted to load and unload passengers on s ite that complies with the Transportation Plan and shall not impede traffic and circulation, emergency access, pedestrian pathways and sidewalks, and/or ADA access.

8. The Permittee or successor-in-interest shall comply with the Security Plan attached as a part of Exhibit “H” Capitol Hotel Management Plan, which requires twenty- four hour on-site security.

9. The “Conditions of Approval” stated in the Engineer’s Report dated January 28, 2022 and attached as Exhibit “I” shall be incorporated into the project.

10. The Permittee or successor-in-interest shall comply with the rules and regulations stated in the Salinas Police Department comments dated August 23, 2022 attached as Exhibit “J”.

11. The Permittee or successor -in-interest shall comply with the Emergency Evacuation Plan attached as a part of Exhibit “H” Capitol Hotel Management Plan.

12. The Permittee or successor -in-interest shall comply with the Neighborhood Outreach Plan attached as a part of Exhibit “H” Capitol Hotel Management Plan.

13. The Permittee, or successor-in-interest, shall be responsible for registering the three (3) rooms as a Hotel use subject to the transient occupancy tax (TOT) with the City.

14. Prior to operation of the Hotel, Extended Stay use, the Permittee or successor-in- interest shall provide written documentation to the Community Development Department of any approved Employee Housing Facility Application from the State of California Department of Housing and Community Development.

15. Extended Stay Hotel shall be operated in a manner that will not adversely affect adjoining properties or be detrimental to properties or improvements in the vicinity or to the general welfare of the City.

16. On-site outdoor activities except food and transportation services shal l be conducted between the hours of 7:00 a.m. and 10:00 p.m. Outdoor activity may include recreational games and activities, musical performances, and such other similar activities as deemed appropriate by the City Planner.

17. Extended Stay Hotel shall be subject to Section 37-80.180 Performance Standards.

18. Emergency contact information shall be posted on the exterior of the facility adjacent to the main entrance. Street address numbers shall be legibly posted on each building comprising the facility as required by the Fire Department.

19. Existing parking spaces shall be retained. Buses, trailers, and portable toilets shall

not be parked overnight on site. Passenger vans may be parked overnight.

20. Temporary storage and structures shall be prohibited unless other wise approved through a separate Temporary Use of Land Permit (TULP).

21. One catering vehicle, not to exceed fifty feet, shall be permitted for the purposes of providing food service to those living onsite for ninety minutes, no more than three times per day. The catering vehicle shall be licensed with the health department.

22. Consumption of alcohol shall be permitted indoors. Outdoor consumption of alcohol shall be prohibited.

23. The site shall be maintained and kept free of weeds, litter, and debris. All landscaped areas shall be maintained free of weeds, trash, and debris, and all plant material shall be continuously maintained in a healthy, growing condition. All exterior building and wall surfaces shall be regularly maintained, and any damage caused by weathering, vandalism, or other factors shall be repaired.

24. The City Planner may conduct a review of this Permit after inauguration, and may require modifications, if appropriate. The City Planner may also schedule a review by the Salinas Planning Commission, at a public hearing, if considered necessary.

In the event that a public hearing is necessary, the Permittee shall reimburse the City of Salinas for all costs and expenses required to prepare for and conduct said hearing.

25. If the subject Extended Stay Hotel use ceases operation for a continuous period of six (6) months or more, this Conditional Use Permit shall become null and void.

ENVIRONMENTAL MITIGATIONS

26. All environmental mitigation measures contained in the Mitigation Monitoring and Reporting Plan (MMRP), attached as Exhibit “ K”, shall be conditions of approval incorporated herein by reference.

PARKING REQUIREMENTS

27. A minimum of 13 on-site parking spaces shall be provided including one (1) on- site parking space designated for people with disabilities in accordance with Article V, Division 2: Parking, Loading, and Outdoor Lighting . Bicycle parking (rack) shall be provided in accordance with Zoning Code Section 37-50.400.

28. All off-street parking and loading areas shall be graded, paved, drained, landscaped, striped, and maintained in accordance with Article V, Division 2: Parking, Loading, and Outdoor Lighting of the Salinas City Code.

OUTDOOR LIGHTING

29. Exterior lighting may be insta lled in accordance with Zoning Code Section 37 -

50.480 under the following limitations:

a. No floodlighting will be allowed on any structure.
b. Parking lot lighting shall be shielded to confine light spread to within the site boundaries and shall not exceed 25 feet in height. c. Prior to the installation of any new lighting, the Permittee or successor-in- interest shall submit a detailed photometric plan for review and approval by the Community Development Department.

LANDSCAPING

30. Within 60 days of the effective date of this Conditional Use Permit, the Permittee, or successor in interest, shall install street trees at a maximum 60-ft spacing based on street frontage, per City Standard Plans. For this property a minimum of six (6) trees are required. If the site cannot accommodate six (6) trees, the Permittee, or successor in interest shall pay the street tree impact fee of in lieu of the street tree installation per Exhibit “I” Engineer’s Report dated January 28, 2022.

31. Within 60 days of the effective date of this Conditional Use Permit, the Permittee, or successor in interest, shall install landscaping and irrigation along the Soto Street and North Main Street frontages as per Exhibit “G” Landscaping. Per Zoning Code Section 37-50.700(b)(4), landscape areas shall incorporate plantings using a three- tier system: 1) grasses and groundcovers, 2) shrubs, and 3) trees. Landscaping shall include: ground covers (1-gallon minimum), shrubs (5-gallon minimum), and trees (15-gallon minimum). Irrigation plans shall show size and location of irrigation pipe, heads, bibs, and backflow devices.

RECYCLING AND SOLID WASTE DISPOSAL AREA

32. Within 60 days of the effective date of this Conditional Use Permit, the Permittee or successor in interest, shall construct a recycling and solid waste enclosure with capacity adequate to achieve 50 percent recycling of the total recyclable wastes generated onsite. The enclosure shall be constructed with a six -foot high solid masonry walls and screened from public view with a minimum two -foot wide perimeter planter. Colors and materials of the enclosure shall match those of the primary structures (example: exterior plaster - stucco). Doors of the enclosure shall be constructed of a solid material and colored to match the bui ldings (chain-link fencing with slats is not allowed). The enclosure shall be designed to allow walk - in access without having to open the main enclosure gate. Prior to issuance of a building permit for the recycling and solid waste enclosure , written con firmation from the City’s solid waste service provider, is required to ensure that the recycling and solid waste provisions of the project will meet the service needs of the service provider. Instructional signs shall be provided for use of recycling bins and

containers. Trash and recycling cans shall be provided on site and emptied daily by the Permittee or successor in interest. Trash cans shall be equipped with lids or other devices to prevent airborne trash. The Permittee, or successor in interest, also shall provide documentation that regular commercial trash service is being provided on site pursuant to city regulations.

MAINTENANCE

33. All parking areas, driveways, other paved surfaces, accessways and grounds shall be regularly maintained and kept free of weeds, litter, and debris. All traffic signs and pavement markings shall be clear and legible at all times. All landscaped areas shall be maintained free of weeds, trash, and debris, and all plant material shall be continuously maintained in a healthy, growing condition. All exterior building and wall surfaces shall be regularly maintained, and any damage caused by weathering, vandalism, or other factors shall be repaired in conformance with the terms and conditions of this Permit.

34. The Permittee, or successor -in-interest, shall eradicate graffiti painted or marked on the facility within seventy-two (72) hours of occurrence pursuant to Municipal Code Section 5-03.19(a)(4).

PUBLIC IMPROVEMENTS

35. All existing damaged and hazardous sidewalks, a nd unused driveways shall be reconstructed to City standards.

36. Public improvements to serve the development shall be reviewed and approved by the City Engineer and shall be installed in accordance with City standards. All utilities shall be installed unde rground with details to be included on the final improvement plans.

UTILITIES/EQUIPMENT SCREENING

37. All new mechanical equipment and appurtenances (i.e. gas, water meters, electrical boxes, HVAC systems, refrigeration equipment, etc.), building or ground mounted, shall be screened from public view and adjacent properties. Roof vents shall be painted to blend with roof materials. Details shall be shown on the final construction and/or land plans and are subject to the approval of the City Planner.

PERMIT NOT TO SUPERSEDE OTHER REQUIRED LICENSING OR PERMITS

38. The issuance of this Permit shall not relieve the Permittee or successor in interest, of any requirement to obtain permits or licensing from any county, regional, state or federal agencies. If applicable, a City Business License shall be obtained prior to operation of the use.

39. This Permit may be subject to water and sanitary sewer allocations. The Permittee or successor in interest will proceed at their own risk as water and sanitary sewer allocation may not be available at the time requested.

MODIFICATION OF APPROVED USE AND PLANS

40. Any modification to the terms and conditions of this Permit are subject to the issuance of a new Permit. The City Planner may approve minor modifications to this Permit if the City Planner finds the modification to be in substantial compliance with the original approval.

VIOLATION; REVOCATION

41. Use of the property shall be conducted in such a way that it does not constitute a nuisance to the use and enjoyment of surroundin g properties or the City. Any permittee, person, firm, corporation, whether as principal, agent, employee or otherwise, violating, causing or maintaining the violation of any of the provision of this Permit shall be guilty of a misdemeanor or an infraction , as charged.

Alternatively, any violation of this Permit may be prosecuted administratively pursuant to the City’s Administrative Remedies Ordinance and/or other applicable laws, regulations or codes. Upon determination by the City Planner that there are reasonable grounds for revocation of this Permit, a revocation hearing shall be set to be heard before the Salinas Planning Commission in accordance with Article VI, Division 18: Enforcement and Penalties of the Salinas Zoning Code or such codes as may be subsequently adopted.

SUBSTANTIAL ACTION TIME LIMIT

42. This Permit shall expire one year after its effective date unless:

a. The use is established in conformance with the provisions of the Zoning Code; or
b. The City Planner determines that substantial action has commenced to carry out the terms and intent of the Conditional Use Permit.

PERMIT VALIDATION

43. Pursuant to Zoning Code Section 37-60.530, this Permit shall be null and void and all terms and conditions shall have no force or effect unless this Permit is signed by the Permittee(s) and returned to City of Salinas Community Development Department within 90 days of approval. It is the applicant's responsibility to track the 90-day expiration date. No notice will be sent.

STANDARD CONDITIONS

44. Pursuant to Salinas City Code Section 1 -8.1: Civil action enforcement , and

Section 1-8.2: Liability for costs, Applicant shall reimburse the City of Salinas for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by the City in enforcing the provisions of this Permit.

45. The applicant(s) shall defend, indemnify, and hold harmless the City of Salinas or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of this project/use. For Tentative Maps, this shall also apply when such claim or action is brought within the time period provided for in applicable state and/or local statutes. The City shall promptly notify the applicant(s) of any such claim, action, or proceeding. The City shall cooperate in the defense. Nothing contained in this condition shall prohibit the City from participation in a defense of any claim, action, or proceeding if the City bears its own attorney's fees and costs, and the City defends the action in good faith.

46. Notwithstanding any of the provisions in this permit, all improvements and uses shall comply with all other ordinances and regulations of the City of Salinas and all local, state and federal laws and regulations.

47. No further development other than that shown on this permit or attached exhibits shall be allowed unless or until an amendment to this permit has been approved.

Requests for a minor modification of an app roved permit may be granted by the City Planner provided the modification is substantially in compliance with the original approval and conditions.

NOTICE OF CHALLENGE LIMITATIONS

48. Code of Civil Procedure Section 1094.6 requires all Court challenges to the decision to grant this Permit be initiated within 90 days of the final decision of the City in this matter.

EXECUTIONS

THIS CONDITIONAL USE PERMIT was approved by action of the Salinas City Council on ______, 2023, and shall become effective immediately:

Effective Date: , 2023 ____________________________________ Courtney Grossman
Planning Manager, City of Salinas
:

(Signature Listed Below on Page 9 Must Be Notarized)

THIS CONDITIONAL USE PERMIT is hereby accepted upon the express terms and conditions hereof, and the undersigned Permittee agrees to strictly conform to and comply with each and all of this Permit's terms and conditions.

Dated:_______________ ___________________________
Ray Patel
Janika Corporation DBA Capitol Motel
Property Owner

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF MONTEREY

On __________________ 202__, before me, _______________________, Notary Public, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _________________________________

I:\ComDev\Planning Share Space \General Plan Amendments \GPA 2022 -003, RZ 2022 -003, & CUP 2022 -005 - 2110 N Main St \Granicus Documents\CUP 2022-005 - Granicus Version.docx

Page | 1

CITY OF SALINAS

PLANNING COMMISSION REPORT

DATE: MAY 9, 2023

TO: HOUSING AND LAND USE COMMITEE

FROM: COURTNEY GROSSMAN, PLANNING MANAGER

BY: THOMAS WILES, SENIOR PLANNER

TITLE: GENERAL PLAN AMENDMENT 2022 -003, REZONE 2022- 003, AND CONDITIONAL USE PERMIT 2022 -005; REQUEST TO AMEND THE
GENERAL PLAN DESIGNATION FROM “RESIDENTIAL LOW
DENSITY” TO “RETAIL” , CHANGE THE ZONING DESIGNATION
FROM “RESIDENTIAL LOW DENSITY (R-L- 5.5)” TO “COMMERCIAL RETAIL (CR)”, AND ESTABLISH AND OPERATE AN EXTENDED STAY HOTEL FOR 22 OF 25 ROOMS LOCATED AT 2110 NORTH MAIN

STREET IN THE COMMERCIAL RETAIL (CR) AND RESIDENTIAL
LOW DENSITY (R-L-5.5) ZONING DISTRICTS

RECOMMENDED MOTION:

A motion to approve a Resolution recommending that the Housing and Land Use Committee affirm the findings and recommend that the City Council adopt the proposed Mitigated Negative Declaration and approve General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005.”

EXECUTIVE SUMMARY:

Daniel Saphorghan, Swift Consulting on behalf of Janika Corpor ation DBA Capitol Motel, has applied for a General Plan Amendment to change the General Plan designation of an approximately 8,349 square-foot eastern portion of a 18,880 square-foot lot located at 2110 North Main Street from “Residential Low Density” to “Retail”; a Rezone to change Zoning designation of the above referenced 8,349 square-foot eastern portion of the project site from “Residential Low Density (R-L-5.5)” to “Commercial Retail (CR)”; and a Conditional Use Permit to establish and operate an Extended Stay Hotel for 22 of 25 on- site rooms. Approval of the General Plan Amendment and Rezone are required to allow the proposed Extended Stay Hotel to operate on the entire property.

Page | 2

DISCUSSION:

Background:

The project site is currently developed with an existing hotel/motel (Capitol Motel) is considered a legal non-conforming use pursuant to Zoning Code Section 37-50.160, because it is estimated to have been constructed circa 1936 prior to annexation. The Applicant (Capitol Motel – Ray Patel) is requesting to establish and operate an Extended Stay Hotel for 22 of the 25 on- site rooms pursuant to Zoning Code Section 37-50.085 (Extended Stay for Hotel/Motel uses).

The site is split zoned with Commercial Retail (CR) along the western portion of the site and Residential Low Density (R -L-5.5) along the eastern portion of the site. Per the Zoning Code, Extended Stay Hotels located on Commercial Retail (CR) zoned land can be considered through the Conditional Use Permit (CUP) process. However, in the Residential Low Density (R -L-5.5) Zoning District, Extended Stay Hotels are not permitted. Therefore, the applications have been submitted so that the General Plan and Zoning designations of the subject property are consistent with the western portion of the lot which are “Retail” and “Commercial Retail (CR)” respectively.

Upon approval of the General Plan Amendment and Rezone, the proposed Extended Stay Hotel use can be approved through the CUP process.

The following provides an overview of the land uses and zoning districts adjacent to the project site:

North: Soto Square Park and Salinas Fire Station No. 6/Parks (P) and Public/Semipublic (PS)
South: Commercial/Commercial Retail (CR) and Residential Low Density (R -L-

5.5)
East: Residential/Residential Low Density (R-L-5.5)
West: Residential/Commercial Retail (CR)

Analysis:

General Plan Amendment 2022-003 a
nd Rezone 2022-003:

Per the 2002 General Plan, the Land Use designation of the approximately 8,349 square -foot eastern portion of 18,880 square -foot project site is “Residential Low Density”. The proposal is to change the General Plan designation of the above referenced eastern portion of the project site from “Residential Low Density” to “Retail”. The proposed change in the General Plan land use designation from “Residential Low Density” to “Retail” would be consistent with the western portion of the project site and allow for uses prescribed by the City’s 2002 General Plan land use designation of Retail.

The project site consists of 18,880 square -feet. The approximately 10,531 square -foot western Page | 3

portion of the project site is currently located in the “Commercial Retail” (CR) Dis trict, which provides for wide range of commercial uses, including the existing hotel use and the proposed Extended Stay Hotel. The approximately 8,349 square -foot eastern portion of the project site is zoned Residential Low Density (R -L-5.5), which only allows for single -family residential uses.

Uses such as the proposed Extended Stay Hotel are not allowed in the R -L-5.5 District. The proposed Rezone would change the Zoning designation of the eastern portion of the project site from “Residential – Low Density” (R-L-5.5) to “Commercial Retail” (CR). The proposed zoning would be consistent with the existing Zoning designation of the adjacent western portion of the project site. The project site is not located within a specific plan or a precise plan area and therefore does not conflict with such a plan. The project site is located entirely within the City limits of Salinas and does not conflict with the adopted sphere of influence.

Conditional Use Permit 2022-005:

The Conditional Use Permit 2022-005 (CUP 2022-005) is requested to establish and operate an Extended Stay Hotel for 22 of 25 on- site rooms at an existing hotel (Capitol Motel). The site consists of a one-story hotel and a two- story office. There are 25 on- site units with 13 off-street parking spaces on- site and a common area. Because of the split zoning of the project site, the related General Plan Amendment and Rezone will need to be approved to allow for the proposed project. Proposed conditions of CUP 2022-005 will ensure that, when implemented, the project will conform and comply with the development standards of Zoning Code Section 37-50.085(c).

Findings:

Mitigated Negative Declaration:

Prior to taking action on the requested General Plan Amendment , Rezone, and Conditional Use Permit, the Planning Commission will need to confirm that the proposed environmental document is adequate for the proposed project by establishing the finding set forth in the attached Planning Commission Resolution.

General Plan Amendment/Rezone:

The Planning Commission may recommend approval of a General Plan Amendment and Rezone, if all of the findings set forth in the attached Planning Commission Resolution are established. Per Zoning Code Section 37- 60.920(d)(2), an affirmative vote of a majority (no less than four (4) votes) of the Planning Commission is required for the Commission to make a recommendation of the General Plan Amendment to the City Council.

Conditional Use Permit:

The related Conditional Use Permit (CUP) for the Extended Stay Hotel cannot be approved unless the related General Plan Amendment and Rezone are approved because a portion of the project site is designated and zoned Residential Low Density/R -L-5.5 respectively which does not allow Page | 4

for this type of use.

Time Consideration:

The proposed project includes requests for a General Plan Amendment and Rezone, which are legislative acts and not subject to the Permit Streamlining Act (PSA). The Conditional Use Permit was deemed complete on March 31, 2023. Final action is required by September 7, 2023 pursuant to CEQA Section 15107 due to the requirements of environmental review for the project.

Alternatives Available to the Commission:

1. Affirm the findings set fo rth in the attached Resolution, recommending that the City Council adopt the Mitigated Negative Declaration and approve General Plan Amendment 2002-003, Rezone 2022-003, and Conditional Use Permit 2022-005 with modifications; or

2. Find that the proposed applications are not appropriate and establish findings at the public hearing recommending that the City Council deny General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005.

CEQA CONSIDERATION:

The environmental impacts of the project have been analyzed in accordance with the California Environmental Quality Act (CEQA). An Initial Study was prepared to evaluate the potential impacts associated with the project. Based upon review of the Initial Study, the proposed project will not have a significant effect on the environment. The Initial Study and Mitigated Negative Declaration were routed to responsible agencies and posted at the County Clerk’s Office on March 17, 2023; the deadline for comments was April 17, 2023. The St ate Clearinghouse received the document on March 17, 2023 and the deadline for Clearinghouse comments was April 17, 2023 (SCH# 2023030481).

Public comments were received from the following during the comment period as described below:

1. Comments received via
email from Monterey Salinas Transit (MST) on April 12, 2023.

a. Per the comments from MST, they serve, operate, and maintain two (2) existing stops within the project’s vicinity for Line 49. Line 49 travels from the Salinas Transit Center in Downtown Salinas to Santa Rita via North Main Street. Per MST, the service operates every 15 minutes from Downtown Salinas to Northridge Mall and every 30 minute s to Santa Rita. MST encourages the Applicant/Property Owner (Capitol Motel) to enroll in their Group Dis count Program to offer employees and hotel guests bus passes at substantially reduced rates.

Staff Response: Thi
s information from MST has been provided to the
Applicant/Property Owner for future reference.

Page | 5

ATTACHMENTS:

Attachments: Proposed Planning Commission Resolution, including the following exhibits:

Exhibit 1: Vicinity Map
Exhibit 2: General Plan Amendment Map for 2110 North Main Street

Exhibit 3: Rezone Map for 2110 North Main Street
Exhibit 4: Mitigation Monitoring and Reporting Program
Draft Conditional Use Permit 2022-005, including the following exhibits:

Exhibit A: Vicinity Map
Exhibit B: Site Plan (Sheet A-0)
Exhibit C: Exterior Elevations
Exhibit D: Zone & Parcel Map (Sheet A-1)
Exhibit E: Floor Plan (Sheet A -2)
Exhibit F: Photometric Plans (Sheet A-3)
Exhibit G: Landscaping (Sheet L-1)
Exhibit H: Capitol Hotel Management Plan
Exhibit I: Engineer’s Report dated January 28, 2022
Exhibit J: Police Department comments dated August 23, 2022 Exhibit K: Mitigation Monitoring and Reporting Program
Initial Study, including the following attachments:

1. Vicinity Map

2. General Plan Amendment Map for 2110 North Main
Street

3. Rezone Map for 2110 North Main Street

4. Site Plan (Sheet A-0)

5. Exterior Elevations

6. Zone and Parcel Map (Sheet A-1)

7. Floor Plan (Sheet A-2)

8. Photometric Plans (Sheet A-3)

9. Landscaping (Sheet L-1)

10. Engineer’s Report dated August 1, 2022

11. California Historical Resources Information Systems (CHRIS) Response dated December 7, 2022

12. FEMA Elevation Certificate for 2110 North Main
Street

13. Swift Consultant Services letter dated July 12, 2022

14. Comment letter from the Santa Ynez Band of
Chumash Indians dated September 12, 2022

15. Mitigation Monitoring and Reporting Program
Comments from Monterey Salinas Transit (MST) dated April 12, 2023

Page | 6

Cc: Daniel Saphorghan, Swift Consulting, Applicant
Janika Corporation DBA Capitol Motel, Property Owner

I:\ComDev\Planning Share Space \General Plan Amendments \GPA 2022 -003, RZ 2022 -003, & CUP 2022 -005 - 2110 N Main St \Granicus Documents\05-03-23 PC Staff Report - Granicus Version.docx

Page | 1

CITY OF SALINAS

PLANNING COMMISSION REPORT

DATE: MAY 3, 2023

TO: PLANNING COMMISSION

FROM: COURTNEY GROSSMAN, PLANNING MANAGER

BY: THOMAS WILES, SENIOR PLANNER

TITLE: GENERAL PLAN AMENDMENT 2022 -003, REZONE 2022 -003, AND CONDITIONAL USE PERMIT 2022 -005; REQUEST TO AMEND THE
GENERAL PLAN DESIGNATION FROM “RESIDENTIAL LOW
DENSITY” TO “RETAIL” , CHANGE THE ZONING DESIGNATION
FROM “RESIDENTIAL LOW DENSITY (R -L-5.5)” TO “COMMERCIAL RETAIL (CR)”, AND ESTABLISH AND OPERATE AN EXTENDED STAY HOTEL FOR 22 OF 25 ROOMS LOCATED AT 2110 NORTH MAIN

STREET IN THE COMMERCIAL RETAIL (CR) AND RESIDENTIAL
LOW DENSITY (R-L-5.5) ZONING DISTRICTS

RECOMMENDED MOTION:

A motion to approve a Resolution recommending that the Planning Commission affirm the findings and recommend that the City Council adopt the proposed Mitigated Negative Declaration and approve General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005.

EXECUTIVE SUMMARY:

Daniel Saphorghan, Swift Cons ulting on behalf of Janika Corporation DBA Capitol Motel , has applied for a General Plan Amendment to change the General Plan designation of an approximately 8,349 square-foot eastern portion of a 18,880 square-foot lot located at 2110 North Main Street from “Residential Low Density” to “Retail”; a Rezone to change Zoning designation of the above referenced 8,349 square-foot eastern portion of the project site from “Residential Low Density (R-L-5.5)” to “Commercial Retail (CR)”; and a Conditional Use Permit to establish and operate an Extended Stay Hotel for 22 of 25 on -site rooms. Approval of the General Plan Amendment and Rezone are required to allow the proposed Extended Stay Hotel to operate on the entire property.

Page | 2

DISCUSSION:

Background:

The project site is currently developed with an existing hotel/motel (Capitol Motel) is considered a legal non-conforming use pursuant to Zoning Code Section 37-50.160, because it is estimated to have been constructed circa 1936 prior to annexation. The Applicant (Capitol Motel – Ray Patel) is requesting to establish and operate an Extended Stay Hotel for 22 of the 25 on -site rooms pursuant to Zoning Code Section 37-50.085 (Extended Stay for Hotel/Motel uses).

The site is split zoned with Commercial Ret ail (CR) along the western portion of the site and Residential Low Density (R -L-5.5) along the eastern portion of the site. Per the Zoning Code, Extended Stay Hotels located on Commercial Retail (CR) zoned land can be considered through the Conditional Use Permit (CUP) process. However, in the Residential Low Density (R -L-5.5) Zoning District, Extended Stay Hotels are not permitted. Therefore, the applications have been submitted so that the General Plan and Zoning designations of the subject property ar e consistent with the western portion of the lot which are “Retail” and “Commercial Retail (CR)” respectively.

Upon approval of the General Plan Amendment and Rezone, the proposed Extended Stay Hotel use can be approved through the CUP process.

The following provides an overview of the land uses and zoning districts adjacent to the project site:

North: Soto Square Park and Salinas Fire Station No. 6/Parks (P) and Public/Semipublic (PS)
South: Commercial/Commercial Retail (CR) and Residential Low Density (R-L-

5.5)
East: Residential/Residential Low Density (R-L-5.5)
West: Residential/Commercial Retail (CR)

Analysis:

General Plan Amendment 2022-003 and Rezone 2022-003:

Per the 2002 General Plan, the Land Use designation of the approxi mately 8,349 square -foot eastern portion of 18,880 square -foot project site is “Residential Low Density”. The proposal is to change the General Plan designation of the above referenced eastern portion of the project site from “Residential Low Density” to “Retail”. The proposed change in the General Plan land use designation from “Residential Low Density” to “Retail” would be consistent with the western portion of the project site and allow for uses prescribed by the City’s 2002 General Plan land use designation of Retail.

The project site consists of 18,880 square -feet. The approximately 10,531 square -foot western Page | 3

portion of the project site is currently located in the “Commercial Retail” (CR) District, which provides for wide range of commercial uses, i ncluding the existing hotel use and the proposed Extended Stay Hotel. The approximately 8,349 square -foot eastern portion of the project site is zoned Residential Low Density (R -L-5.5), which only allows for single -family residential uses.

Uses such as t he proposed Extended Stay Hotel are not allowed in the R -L-5.5 District. The proposed Rezone would change the Zoning designation of the eastern portion of the project site from “Residential – Low Density” (R-L-5.5) to “Commercial Retail” (CR). The proposed zoning would be consistent with the existing Zoning designation of the adjacent western portion of the project site. The project site is not located within a specific plan or a precise plan area and therefore does not conflict with such a plan. The p roject site is located entirely within the City limits of Salinas and does not conflict with the adopted sphere of influence.

Conditional Use Permit 2022-005:

The Conditional Use Permit 2022 -005 (CUP 2022-005) is requested to establish and operate an Extended Stay Hotel for 22 of 25 on -site rooms at an existing hotel (Capitol Motel). The site consists of a one-story hotel and a two -story office. There are 25 on -site units with 13 off-street parking spaces on -site and a common area. Because of the split zoning of the project site, the related General Plan Amendment and Rezone will need to be approved to allow for the proposed project. Proposed conditions of CUP 2022-005 will ensure that, when implemented, the project will conform and comply with the development standards of Zoning Code Section 37-50.085(c).

Findings:

Mitigated Negative Declaration:

Prior to taking action on the requested General Plan Amendment , Rezone, and Co nditional Use Permit, the Planning Commission will need to confirm that the proposed environmental document is adequate for the proposed project by establishing the finding set forth in the attached Planning Commission Resolution.

General Plan Amendment/Rezone:

The Planning Commission may recommend approval of a General Plan Amendment and Rezone, if all of the findings set forth in the attached Planning Commission Resolution are established. Per Zoning Code Section 37 -60.920(d)(2), an affirmative vote of a major ity (no less than four (4) votes) of the Planning Commission is required for the Commission to make a recommendation of the General Plan Amendment to the City Council.

Conditional Use Permit:

The related Conditional Use Permit (CUP) for the Extended Stay Hotel cannot be approved unless the related General Plan Amendment and Rezone are approved because a portion of the project site is designated and zoned Residential Low Density/R -L-5.5 respectively which does not allow Page | 4

for this type of use.

Time Consideration:

The proposed project includes requests for a General Plan Amendment and Rezone, which are legislative acts and not subject to the Permit Streamlining Act (PSA). The Conditional Use Permit was deemed complete on March 31, 2023. Final action is required by September 7, 2023 pursuant to CEQA Section 15107 due to the requirements of environmental review for the project.

Alternatives Available to the Commission:

1. Affirm the findings set forth in the attached Resolution, recom mending that the City Council adopt the Mitigated Negative Declaration and approve General Plan Amendment 2002-003, Rezone 2022-003, and Conditional Use Permit 2022-005 with modifications; or

2. Find that the proposed applications are not appropriate and establish findings at the public hearing recommending that the City Council deny General Plan Amendment 20 22-003, Rezone 2022-003, and Conditional Use Permit 2022-005.

CEQA CONSIDERATION:

The environmental impacts of the project have been analyzed in accord ance with the California Environmental Quality Act (CEQA). An Initial Study was prepared to evaluate the potential impacts associated with the project. Based upon review of the Initial Study, the proposed project will not have a significant effect on the environment. The Initial Study and Mitigated Negative Declaration were routed to responsible agencies and posted at the County Clerk’s Office on March 17, 2023; the deadline for comments was April 17, 2023. The State Clearinghouse received the document on March 17, 2023 and the deadline for Clearinghouse comments was April 17, 2023 (SCH# 2023030481).

Public comments were received from the following during the comment period as described below:

1. Comments received via email from Monterey Salinas Transit (MST) on April 12, 2023.

a. Per the comments from MST, they serve, operate, and maintain two (2) existing stops within the project’s vicinity for Line 49 . Line 49 travels from the Salinas Transit Center in Downtown Salinas to Santa Rita via North Main Street. Per MST, the service operates every 15 minutes from Downtown Salinas to Northridge Mall and every 30 minute s to Santa Rita. MST encourages the Appl icant/Property Owner (Capitol Motel) to enroll in their Group Discount Program to offer employees and hotel guests bus passes at substantially reduced rates.

Staff Response: This information from MST has been provided to the Applicant/Property Owner for future reference.

Page | 5

ATTACHMENTS:

Attachments: Proposed Planning Commission Resolution, including the following exhibits:

Exhibit 1: Vicinity Map
Exhibit 2: General Plan Amendment Map for 2110 North Main Street
Exhibit 3: Rezone Map for 2110 North Main Street
Exhibit 4: Mitigation Monitoring and Reporting Program
Draft Conditional Use Permit 2022-005, including the following exhibits:

Exhibit A: Vicinity Map
Exhibit B: Site Plan (Sheet A-0)
Exhibit C: Exterior Elevations
Exhibit D: Zone & Parcel Map (Sheet A-1)
Exhibit E: Floor Plan (Sheet A-2)
Exhibit F: Photometric Plans (Sheet A-3)
Exhibit G: Landscaping (Sheet L-1)
Exhibit H: Capitol Hotel Management Plan
Exhibit I: Engineer’s Report dated January 28, 2022
Exhibit J: Police Department comments dated August 23, 2022 Exhibit K: Mitigation Monitoring and Reporting Program
Initial Study, including the following attachments:

1. Vicinity Map

2. General Plan Amendment Map for 2110 North Main
Street

3. Rezone Map for 2110 North Main Street

4. Site Plan (Sheet A-0)

5. Exterior Elevations

6. Zone and Parcel Map (Sheet A-1)

7. Floor Plan (Sheet A-2)

8. Photometric Plans (Sheet A-3)

9. Landscaping (Sheet L-1)

10. Engineer’s Report dated August 1, 2022

11. California Historical Resources Information Systems (CHRIS) Response dated December 7, 2022

12. FEMA Elevation Certificate for 2110 North Main
Street

13. Swift Consultant Services letter dated July 12, 2022

14. Comment letter from the Santa Ynez Band of
Chumash Indians dated September 12, 2022

15. Mitigation Monitoring and Reporting Program
Comments from Monterey Salinas Transit (MST) dated April 12, 2023

Page | 6

Cc: Daniel Saphorghan, Swift Consulting, Applicant
Janika Corporation DBA Capitol Motel, Property Owner

I:\ComDev\Planning Share Space \General Plan Amendments \GPA 2022 -003, RZ 2022-003, & CUP 2022 -005 - 2110 N Main St \Granicus Documents\05-03-23 PC Staff Report - Granicus Version.docx City of Salinas

COMMUNITY DEVELOPMENT DEPARTMENT
SALINAS 65 W. Alisal Street, 2nd Floor• Salinas, California 93901 (831) 758-7387 • (831) 775-4258 (Fax)• www.ci.salinas.ca.us RICH IN LAND I RICH IN VALUES

1. BACKGROUND
Project Name: General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005
Project Location: 2110 North Main Street in the Commercial Retail (CR) and the Residential Low Density (R-L-5.5) Zoning Districts (see attached map)
Assessor Parcel Number: 253-07 4-005-000
[R] See Attached Vicinity Map
Current Land Use: 25-room hotel and motel use (Capitol Motel).

Surrounding Land Uses/Zoning Districts:

North: Soto Square Park and Salinas Fire Station No. 6/Parks (P) and Public/Semipublic (PS)
South: Commercial/Commercial Retail (CR) and Residential Low Density (R-L-

5.5)
East:

West:

Residential/Residential Low Density (R-L-5.5)
Residential/Commercial Retail (CR)
Lead Agency Contact Person: Thomas Wiles, Senior Planner Telephone: (831) 758-7206
Location and Existing Setting:

Project Description: The project site is located at 2110 North Main Street at the southeast corner of North Main Street and East Bolivar Street (see Vicinity Map). The project includes the following applications:

1. General Plan Amendment 2022-003 (GPA 2022-003); Request to change the General Plan designation of an approximately 8,349 square-foot eastern portion of a 18,880 square-foot lot located at 2110 North Main Street from "Residential Low Density" to "Retail";

2. Rezone 2022-003 (RZ 2022-003); Request to change Zoning designation of the above referenced 8,349 square-foot eastern portion of the project site from "Residential Low Density (R-L-5.5)" to "Commercial Retail (CR)"; and

3. Conditional Use Permit 2022-005 (CUP 2022-005); Request to establish and Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

operate an Extended Stay Hotel for 22 of 25 on-site rooms.

The project site is currently developed with an existing hotel/motel (Capitol Motel) which is estimated to have been constructed circa 1936 and is considered a legal non­ conforming use pursuant to Zoning Code Section 37-50.160. The Applicant (Capitol Motel -Ray Patel) is requesting to establish and operate an Extended Stay Hotel for 22 of the 25 on-site rooms pursuant to Zoning Code Section 37-50.085 (Extended Stay for Hotel/Mote/ uses).

The site is split zoned with Commercial Retail (CR) along the western portion of the site and Residential Low Density (R-L-5.5) along the eastern portion of the site. Per the Zoning Code, Extended Stay Hotels located on Commercial Retail (CR) zoned land can be considered through the Conditional Use Permit (CUP) process. However, in the Residential Low Density (R-L-5.5) Zoning District, Extended Stay Hotels are not permitted. Therefore, the applications have been submitted so that the General Plan and Zoning designations of the subject property are consistent with the western portion of the lot which are "Retail" and "Commercial Retail (CR)" respectively. Upon approval of the General Plan Amendment and Rezone, the proposed Extended Stay Hotel use can be approved through the CUP process.

Environmental Factors Potentially Affected:
□ Aesthetics
□ Biological Resources
□ Geology/Soils
□ Hydrology/Water Quality
□ Noise
□ Recreation
□ Utilities/Service Systems
□ Agricultural Resources
IBl Cultural Resources
□ Greenhouse Gas
Emissions
□ Land Use/Planning
□ Population/Housing
□ Transportation
□ Wildfire
□ Air Quality
□ Energy
□ Hazards &
Hazardous Materials
□ Mineral Resources
□ Public Services
IBl Tribal Cultural
Resources
□ Mandatory Findings
of Significance
Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

2. CHECKLIST
Impact
Potentially
Significant
Issue
Less Than Unless
No Significant Mitigation
Impact Impact Incorporated

1. AESTHETICS. Except as
provided in Public Resources
Code Section 21099, would the
proposal:
(a) Have a substantial adverse [8] □ □ effect on a scenic vista? (b) Substantially damage [8] □ □ scenic resources,
including, but not limited
to, trees, rock
outcroppings, and historic
buildings within a state
scenic highway?
(c) In non-urbanized areas, [8] □ □ substantially degrade the existing visual character or
quality of public views of
the site and its
surroundings? (Public
views are those that are
experienced from a
publicly accessible
vantage point.) If the
project is in an urbanized
area, would the project
conflict with applicable
zoning and other
regulations governing
scenic quality?
(d) Create a new source of □ [8] □ substantial light or glare which would adversely
affect day or nighttime
views in the area?
Source
Potentially (Refer to
Significant Section 3:

Impact Source List)
A1, A2,
A3, A5,
A6,A7,
A8, D1,
E1
□
□
□
□
Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

(a-c) The project site is not located adjacent to or near a scenic vista or a scenic highway. Any development will be required to comply with all applicable Zoning Code land use and Development Standards. The requested CUP 2022-005 is not expected to degrade scenic resources or the visual character of the area because compliance with Zoning Code development standards will ensure environmental impacts related to aesthetics will be reduced to a level of insignificance.
(d) Future development of the project site could create additional light and glare.

However, compliance with the City's lighting standards as stated in Zoning Code Section 37-50.480 will reduce any impact to less than significant.

Mitigation
No mitigation is required.

Impact
Potentially
Source Significant
Issue
Less Than Unless Potentially (Refer to
No Significant Mitigation Significant Section 3:

Impact Impact Incorporated Impact Source List)

2. AGRICULTURAL A1, A2,
RESOURCES. Would the A3, A7,
proposal: D1, E1
(a) Convert Prime [8] □ □ □ Farmland, Unique
Farmland, or Farmland
of Statewide Importance
(Farmland), as shown
on the maps pursuant to
the Farmland Mapping
and Monitoring Program
of the California
Resources Agency, to
non-agricultural use?
(b) Conflict with existing [8] □ □ □ zoning for agricultural use or a Williamson Act
contract?
(c) Conflict with existing [8] □ □ □
zoning for, or cause
rezoning of, forest land
(as defined in Public
Initial Study-General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Significant
Issue
Less Than Unless
No Significant Mitigation
Impact Impact Incorporated
Resources Code
12220(9)), timberland
(as defined by Public
Resources Code
Section 4526), or
timberland zoned
Timberland Production
(as defined by
Government Code
Section 51104(g))?
(d) Result in the loss of [&) □ □ forest land or conversion of forest land to non-
forest use?
(e) Involve other changes [&) □ □ in the existing
environment which, due
to their location or
nature, could result in
conversion of Farmland,
to non-agricultural use
or conversion of forest
land to non-forest use?
Discussion
Source
Potentially (Refer to
Significant Section 3:

Impact Source List)
□
□
(a-e) The project site is located on an in-fill property within the CR and R-L-5.5 zoning districts. The project site is currently developed with an existing hotel use. No farming activities are located on or near the site.

Mitigation
No mitigation is required.

Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Issue

3. AIR QUALITY.
proposal:

Would the
(a) Conflict with or obstruct
implementation of the
applicable air quality plan?
(b) Result in cumulatively
considerable net increase
of any criteria pollutant for
which the project region is
non-attainment under an
applicable federal or state
ambient air quality
standard?
(c) Expose sensitive receptors
to substantial pollutant
concentrations?
(d) Result in other emissions
(such as those leading to
odors) adversely affecting
a substantial number of
people?
Discussion
No
Impact
[8]
[8]
[8]
[8]
Impact
Potentially
Significant
Less Than Unless
Significant Mitigation
Impact Incorporated
□ □
□ □
□ □
□ □
Potentially
Significant
Impact
□
□
□
□
Source
(Refer to
Section 3:

Source List)
A1, A2,
A3, B1,
B2
a-c) Salinas lies within the North Central Coast Air Basin, which meets the federal standard for ozone levels but falls short of the higher State standards for ozone and PM10. Ozone is the primary constituent of smog and is formed in the atmosphere via a chemical reaction involving nitrogen oxides (NOx), volatile organic gases (VOC), and sunlight. The primary sources are motor vehicles, organic solvents, pesticides, and industry. The Monterey Bay Air Resources District (MBARD) oversees various air quality regulations and programs.

MBARD Board of Directors adopted the 2012-2015 Air Quality Management Plan in March 2017 which represents the latest edition of the 2012 Triennial Plan, which addresses NOx and reactive organic gasses (ROG) emissions as precursors to ozone. The air quality impact generated by the project is expected Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

to be less than significant, because it will create less than a significant number of vehicle trips.

The revised CEQA Air Quality Guidelines prepared by the Monterey Bay Air Resources District, dated February 2008 (Source F1 ), stipulate maximum thresholds for air quality as follows:
a) Emit less than 137 lb./day of VOC's or NOx;
b) Directly emit less than 550 lb./day of CO or will not cause a violation of CO ambient air quality standards (AAQS) at existing or reasonably foreseeable receptors;
c) Not significantly impact traffic levels of service or will not cause a violation of CO or contribute 550 lb./day to an existing or projected violation at existing or reasonably foreseeable receptors;
d) Directly emit less than 82 lb./day of PM10 on-site or will not cause a violation of particulate matter, ten-micron diameter (PM10) AAQS or contribute 82 lb./day to an existing or projected violation at existing or reasonably foreseeable receptors;
e) Not indirectly generate PM10 along unpaved roads or will not cause a violation of PM10 AAQS or contribute 82 lb./day to an existing projected violation at existing or reasonably foreseeable receptors; f) Directly emit less than 150 lb./day of sulfur oxide (SOx) or will not cause a violation of sulfur dioxide (SO2) AAQS at existing or reasonably foreseeable receptors.
d) Objectionable odors are unlikely to be produced by the project because no odor generating activities will occur within the proposed Extended Stay Hotel project.

Mitigation
No mitigation is required.

Impact
Potentially
Source Significant
Issue
Less Than Unless Potentially (Refer to
No Significant Mitigation Significant Section 3:

Impact Impact Incorporated Impact Source List)

4. BIOLOGICAL RESOURCES. A1, A2,
Would the proposal result in A3, A4,
impacts to: A7
(a) Have a substantial adverse [&] □ □ □ effect, either directly or Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Significant
Issue
Less Than Unless
No Significant Mitigation
Impact Impact Incorporated
through habitat
modifications, on any
species identified as a
candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations, or
by the California ' Department of Fish and
Game or U.S. Fish and
Wildlife Service?
(b) Have a substantial adverse [8] □ □ effect on any riparian habitat or other sensitive
natural community
identified in local or
regional plans, policies,
regulations or by the
California Department of
Fish and Game or US Fish
and Wildlife Service
(c) Have a substantial adverse [8] □ □ effect on state or federally protected wetlands
(including, but not limited
to, marsh, vernal pool,
coastal, etc.) through direct
removal, filling,
hydrological interruption, or
other means?
(d) Interfere substantially with [8] □ □ the movement of any native resident or
migratory fish or wildlife
species or with established
native resident or
migratory wildlife corridors,
or impede the use of native
· wildlife nursery sites?
(e) Conflict with any local □ [8] □ policies or ordinances Source
Potentially (Refer to
Significant Section 3:

Impact Source List)
□
□
□
□
Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Source Significant
Issue
Less Than Unless Potentially (Refer to
No Significant Mitigation Significant Section 3:

Impact Impact Incorporated Impact Source List)
protecting biological
resources, such as a tree
preservation policy or
ordinance?
(f) Conflict with the provisions IRI □ □ □ of an adopted Habitat Conservation Plan, Natural
Community Conservation
Plan, or other approved
local, regional, or state
habitat conservation plan?
Discussion
(a-f) The site is located on a developed in-fill property within the CR (Commercial Retail and R-L-5.5 (Residential Low Density) zoning districts. There is no native flora or fauna remaining on the project site. It is not located within a wetland habitat, riparian woodland or vernal pool, nor is it located near any sensitive habitat areas. It will not conflict with a Habitat Conservation Plan, or other habitat plan.

The southern boundary of the project site is located adjacent to an existing reclamation ditch. The City of Salinas 2002 General Plan requires a 100-foot setback between development and creeks (measured from top-of bank or outer edge of the riparian woodland, whichever is greater). Future encroachments into the 100-foot creek setback may be considered pursuant to the General Plan COS-17 Implementation Program and Zoning Code Section 37-50.180(h)(1 )(0) with a Biotic Resources Study. The existing building was constructed circa 1936; therefore, the encroachment is considered legal nonconforming. The Applicant is not proposing construction within the 100-foot setback. Therefore, no Biotic Resources Study will be required as a part of this project and impacts to biological resources are not considered significant.

Mitigation
No mitigation is required.

Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Source Significant
Issue
Less Than Unless Potentially (Refer to
No Significant Mitigation Significant Section 3:

Impact Impact Incorporated Impact Source List)

5. CULTURAL RESOURCES. A1, A2
Would the proposal: A5,A6,
(a) Cause substantial !RI □ □ □
F1, F2
a
adverse change in the
significance of a historical
resource pursuant to
Section §15064.5
(b) Cause a substantial !RI □ □ □ adverse change in the significance of an
archaeological resource
pursuant to Section
§15064.5?
(c) Disturb any human □ !RI □ □ remains, including those interred outside of formal
cemeteries?
Discussion
(a-c) Per Section 5.8 (Cultural Resources) of the Final Environmental Impact Report for the Salinas General Plan (Source A 1 ), little archaeological investigation has occurred in the City of Salinas or in Monterey County. However, there is always the potential to encounter subsurface materials during grading and construction.

Therefore, pursuant to the Public Resources Code (Section 21083.2), in the event that cultural materials are encountered during development, all work shall cease until the find has been evaluated and mitigation measures put in place for the disposition and protection of any find. With this requirement, there is little potential for a significant impact on the environment.

On August 19, 2022, pursuant to Public Resources Code Section 21080.3.1, subd. (d), and Assembly Bill 52 (AB52), City of Salinas staff sent via certified mail, a consultation request regarding the proposed project to all applicable California Native American Tribes whose geographic area of traditional and cultural affiliation lands boundary includes the City of Salinas as specified by the Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Native American Heritage Foundation. On September 23, 2022, staff had a phone consultation with Louise J. Miranda Ramirez, Tribal Chairperson of the Ohlone Costanoan Esselen Nation concerning the proposed project. Staff provided Ms. Miranda-Ramirez with information concerning the proposed project and did not receive any future correspondence from the Ohlone Costanoan Esselen Nation. Staff received correspondence from the Santa Ynez Band of Chumash Indians dated September 12, 2022 requesting no further consultation on the project (Attachment 10). No additional correspondence was received from any of the other consulted California Native American Tribes.

On August 18, 2022, staff sent a request to the California Historical Resources Information System (CHRIS) to determine if the project could adversely affect cultural resources. Per the attached response dated December 7, 2022 (Source F2, Attachment 7), CHRIS found no record of any previous cultural resource studies for the proposed project area. The response from CHRIS recommended tribal consultation, which as stated above occurred on August 19, 2022.

Mitigation Measure CU-1, pursuant to Public Resources Code (Section 21083.2), will be required, which states that in the event that cultural materials are encountered during grading/construction, all work shall cease until the find has been evaluated and mitigation measures put in place for the disposition and protection of any find.

Mitigation
CU-1 In the event that cultural materials are encountered during development, all work shall cease until the find has been evaluated and mitigation measures put in place for the disposition and protection of any find pursuant to Public Resources Code Section 21083.2.

Impact
Potentially
Source Significant
Issue
Less Than Unless Potentially (Refer to
No Significant Mitigation Significant Section 3:

Impact Impact Incorporated Impact Source List)

6. ENERGY. Would the proposal: C1
(a) Result in potentially [&I □ □ □ significant environmental impact due to wasteful,
inefficient, or unnecessary
consumption of energy
resources, during project
Initial Study-General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Significant
Issue
Less Than Unless
No Significant Mitigation
Impact Impact Incorporated
construction or operation?
(b) Conflict with or obstruct a [Rl □ □ state or local plan for renewable energy or
energy efficiency?
Discussion
Source
Potentially (Refer to
Significant Section 3:

Impact Source List)
□
(a-b) The proposed project would not result in any potentially significant environmental impact due to inefficient or unnecessary consumption of energy resources during project construction or operation. The proposed project would not obstruct a state or local plan for renewable energy or energy efficiency.

Mitigation
No mitigation is required.

Impact
Potentially
Source Significant
Issue
Less Than Unless Potentially (Refer to
No Significant Mitigation Significant Section 3:

Impact Impact Incorporated Impact Source List)

7. GEOLOGY/SOILS. Would the A1, A2,
proposal result in or expose A3
people to potential impacts
involving:
(a) Directly or indirectly cause [Rl □ □ □ potential substantial adverse effects, including
the risk of loss, injury, or
death involving:
(i) Rupture of a known [Rl □ □ □ earthquake fault, as
delineated on the most
recent Alquist-Priolo
Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Significant
Issue
Less Than Unless
No Significant Mitigation
Impact Impact Incorporated
Earthquake Fault
Zoning Map issued by
the State Geologist for
the area or based on
other substantial
evidence of a known
fault? Refer to Division
of Mines and Geology
Special Publication 42.
(ii) Strong seismic ground [&:I □ □ shaking?
(iii) Seismic-related ground [&:I □ □ failure, including liquefaction?
(iv) Landslides? [&:I □ □
(b) Result in substantial soil [&:I □ □
erosion or the loss of
topsoil?
(c) Be located on a geologic [&:I □ □
unit or soil that is unstable,
or that would become
unstable as a result of the
project, and potentially
result in on-or off-site
landslide, lateral
spreading, subsidence,
liquefaction or collapse?
(d) Be located on expansive [&:I □ □ soil, as defined in Table 18-1-B of the Uniform
Building Code (1994 ),
creating substantial direct
or indirect risks to life or
property?
(e) Have soils incapable of [&:I □ □ adequately supporting the use of septic tanks or
alternative wastewater
Source
Potentially (Refer to
Significant Section 3:

Impact Source List)
□
□
□
□
□
□
□
Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Significant
Issue
Less Than Unless
No Significant Mitigation
Impact Impact Incorporated
disposal systems where
sewers are not available
for the disposal of
wastewater?
(f) Directly or indirectly destroy IB] □ □ a unique paleontological resource or site or unique
geologic feature?
Discussion [a (i-iv)]
Source
Potentially (Refer to
Significant Section 3:

Impact Source List)
□
a (i-iv) As shown on the Seismic Hazards Map for the Greater Salinas Planning Area (Figure 5.10-1 of the Salinas General Plan Final EIR), the site is located within the Low Seismic Hazard Zone. Any development will be subject to the Uniform Building Code as a part of the building permit process to ensure that adequate seismic design is provided.
(b-f) Any development is not expected to induce substantial changes to the topography or to the soil conditions as a result of excavation or grading. A grading permit will be required, subject to review and approval by the City Engineer, to ensure that impacts to topography and soil are reduced to a level of insignificance.

To further evaluate any potential impacts, a soils report will be required as part of any building permit process to determine the possible presence of expansive soils. Results and conclusions of the report would be incorporated into the final project design.

Mitigation
No mitigation is required.

Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Source Significant
Issue
Less Than Unless Potentially (Refer to
No Significant Mitigation Significant Section 3:

Impact Impact Incorporated Impact Source List)

8. GREENHOUSE GAS A1, A2,
EMISSIONS. Would the project: A3, A8
(a) Generate greenhouse gas [ID □ □ □ emissions, either directly or indirectly, that may have
a significant impact on the
environment?
(b) Conflict with an applicable [ID □ □ □ plan, policy or regulation adopted for the purpose of
reducing the emissions of
greenhouse gases?
Discussion
(a) The proposed project will not generate, either directly or indirectly, greenhouse gas emissions causing a significant impact on the environment. (b) The proposed project will not conflict with any other applicable plans, policies, or regulations adopted for the purposes of reducing the emissions of greenhouse gases including:

Assembly Bill 32, which requires the state board to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions levels in 1990 to be achieved by 2020.
-Senate Bill 375, which requires the state board, working in consultation with the metropolitan planning organizations, to provide each affected region with greenhouse gas emission reduction targets for the automobile and light truck sector for 2020 and 2035 by September 30, 2010. -At the time the City of Salinas General Plan 2002 was adopted, the issue of greenhouse gas emissions and the need to combat it in general plans had not risen to a critical level of concern. Nevertheless, the City adopted numerous goals and policies with the intent of improving development Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

sustainability. These goals and policies have both direct and indirect benefits in terms of reducing GHG emissions. Important overall land use/urban design related themes in the General Plan that serve this purpose include:
i. Increasing density and intensity of development to promote more compact development and reuse/revitalization,
ii. Facilitating in-fill development as a means to promote compact development, and
iii. Promoting mixed-use development and a compact city core, emphasizing Traditional Neighborhood Development (TND) design, walkable neighborhoods, and transit-oriented development, especially in new growth areas.
-The City of Salinas Final Supplemental EIR for the Salinas General Plan Program EIR 2007 (Supplemental EIR) provides specific mitigation for future development, but mostly for larger scale projects. In this case, the project would not result in a significant effect on the environment with regard to greenhouse gases.

Mitigation
No mitigation is required.

Impact
Potentially
Source Significant
Issue
Less Than Unless Potentially (Refer to
No Significant Mitigation Significant Section 3:

Impact Impact Incorporated Impact Source List)

9. HAZARDS & HAZARDOUS A1, A2,
MATERIALS. Would the A3
proposal:
(a) Create a significant hazard [RI □ □ □ to the public or the environment through the
routine transport, use, or
disposal of hazardous
materials?
(b) Create a significant hazard [RI □ □ □
to the public or the
environment through
reasonably forseeable upset
and accident conditions
Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Issue
involving the release of
hazardous materials into the
environment?
(c) Emit hazardous emissions or
handle hazardous or acutely
hazardous materials,
substances, or waste within
one-quarter mile of an
existing or proposed school?
(d) Be located on a site which is
included on a list of
hazardous materials sites
compiled pursuant to
Government Code Section
65962.5 and, as a result,
would it create a significant
hazard to the public or the
environment?
(e) For a project located within
an airport land use plan or,
where such a plan has not
been adopted, within two
miles of a public airport or
public use airport, would the
project result in a safety
hazard or excessive noise
for people residing or
working in the project area?
(f) Impair implementation of or
physically interfere with an
adopted emergency
response plan or emergency
evacuation plan?
(g) Expose people or structures,
either directly or indirectly to
a significant risk of loss,
injury or death involving
wildland fires?
No
Impact
[8]
[8]
[8]
[8]
[8]
Impact
Potentially
Significant
Less Than Unless
Significant Mitigation
Impact Incorporated
□ □
□ □
□ □
□ □
□ □
Source
Potentially (Refer to
Significant Section 3:

Impact Source List)
□
□
□
□
□
Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Discussion
(a-b) The proposed project is not expected to create a significant hazard to the public or the environment through the routine transport, use, or disposal of the materials. The proposal is to change the existing General Plan and Zoning Code designations of the eastern portion of an existing lot and authorize establishment and operation of an Extended Stay Hotel. Compliance with local, state, and federal requirements would ensure that the hazards to the public are reduced to a level of insignificance.
(c) The project site is currently a hotel and motel use (Capitol Motel) [(see above discussion (a-b)]. However, the site will not involve the routine transportation of hazardous materials.
(d) The site is not known to be located on a site included on a list of hazardous materials sites.
(e) The project is not located within the vicinity of a private airstrip and it is not located within the Airport Local Area of Influence per Figure LU 11 of the Salinas General Plan. The site is located approximately 4.6-miles away from the end of the runway (13-31) of the Salinas Municipal Airport. See Section 15(h) below for further discussion of Airport operations.
(f) The project will not interfere with an adopted emergency response plan or emergency evacuation plan.
(g) The project will not expose people or structures to risk of loss, injury or death involving wildland fires, because the site is an infill property and no wildlands are located nearby.

Mitigation
No mitigation is required.

Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Significant
Issue
Less Than Unless
No Significant Mitigation
Impact Impact Incorporated

10. HYDROLOGY AND WATER
QUALITY. Would the proposal:
(a) Violate any water quality [8] □ □
standards or waste
discharge requirements or
otherwise substantially
degrade surface or ground
water quality?
(b) Substantially decrease [8] □ □ groundwater supplies or interfere substantially with
groundwater recharge
such that the project may
impede sustainable
groundwater management
of the basin?
(c) Substantially alter the
existing drainage pattern of
the site or area, including
through the alteration of
the course of a stream or
river, or through the
addition of impervious
surfaces in a manner
which would:
i. Result in substantial [8] □ □ erosion or siltation on- or off-site;
ii. Substantially increase [8] □ □ the rate or amount of surface · runoff in a
manner which would
result in flooding on-or
offsite;
iii. Create or contribute [8] □ □ runoff water which
would exceed the
capacity of existinq or
Source
Potentially (Refer to
Significant Section 3:

Impact Source List)
A1, A2,
A3, A4,
□
A7
□
□
□
□
Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Significant
Issue
Less Than Unless
No Significant Mitigation
Impact Impact Incorporated
planned stormwater
drainage systems or
provide substantial
additional sources of
polluted runoff; or
(d) In flood hazard, tsunami, [8] □ □ or seiche zones, risk release of pollutants due to
project inundation?
(e) Conflict with or obstruct [8] □ □ implementation of a water quality control plan or
sustainable groundwater
management plans?
(f) With regards to NPDES
compliance:
(i) Potential impact of [8] □ □
project construction
on storm water
runoff?
(ii) Potential impact of [8] □ □ project post-
construction activity
on storm water
runoff?
(iii) Potential for [8] □ □
discharge of storm
water from material
storage areas, vehicle
or equipment fueling,
vehicle or equipment
maintenance
(including washing),
waste handling,
hazardous materials
handling or storage,
delivery areas or
loading docks, or
other outdoor work
Source
Potentially (Refer to
Significant Section 3:

Impact Source List)
□
□
□
□
□
Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Significant
Issue
Less Than Unless
No Significant Mitigation
Impact Impact lncoroorated
areas?
(iv) Potential for [&] □ □
discharge of storm
water to impair the
beneficial uses of the
receiving waters or
areas that provide
water quality benefit?
(v) Potential for the [&] □ □ discharge of storm
water to cause
significant harm on
the biological integrity
of the waterways and
water bodies?
(vi) Potential for [&] □ □ significant changes in
the flow velocity or
volume of storm water
runoff that can cause
environmental harm?
(vii) Potential for [&] □ □ significant increases
in erosion of the
project site or
surrounding areas?
(viii) Could this proposed
project result in an
[&] □ □
increase in pollutant
discharges to
receiving waters?
Consider water
quality parameters
such as
temperature,
dissolved oxygen,
turbidity, and other
typical Stormwater
pollutants (e.g.,
heavy metals,
Source
Potentially (Refer to
Significant Section 3:
lmoact Source List)
□
□
□
□
□
Initial Study-General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Significant
Issue
Less Than Unless
No Significant Mitigation
Impact Impact Incorporated
pathogens,
petroleum
derivatives,
synthetic organics,
sediment, nutrients,
oxygen-demanding
substances, and
trash).
(ix) Could the proposed [&) □ □ project result in a
decrease in treatment
and retention capacity
for the site's
Stormwater run-on?
(x) Could the proposed [&) □ □
project result in
significant alteration
of .. water rece1v1ng
quality during or
following
construction?
(xi) Could the proposed [&) □ □
project result in
increased impervious
surfaces and
associated increased
urban runoff?
(xii) Could the proposed [&) □ □
project create a
significant adverse
environmental impact
to drainage patterns
due to changes in
urban runoff flow
rates and/or volumes?
(xiii) Could the proposed [&) □ □
project result in
increased erosion
downstream?
Source
Potentially (Refer to
Significant Section 3:

Impact Source List)
□
□
□
□
□
Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Issue
(xiv) Could the proposed
project alter the
natural ranges of
sediment supply and
transport to receiving
waters?
(xv) Is the project tributary
to an already impaired
water body, as listed
on the CWA Section
303(d) list? If so, can
it result in an increase
in any pollutant for
which the water body
is already impaired?
(xvi) Could the proposed
project have a
potentially significant
environmental impact
on surface water
quality, to either
marine, fresh, or
wetland waters?
(xvii) Could the proposed
project result in
decreased baseflow
quantities to receiving
surface waterbodies?
(xviii) Could the proposed
project cause of
contribute to an
exceedance of
applicable surface or
groundwater receiving
water quality
objectives or
degradation of
beneficial uses?
(xix) Does the proposed
project adversely
No
lmoact
[ID
[ID
[ID
[ID
[ID
Impact
Potentially
Significant
Less Than Unless
Significant Mitigation
lmoact lncoroorated
□ □
□ □
□ □
□ □
□ □
□ □
Source
Potentially (Refer to
Significant Section 3:
lmoact Source List)
□
□
□
□
□
□
Initial Study-General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Significant
Issue
Less Than Unless
No Significant Mitigation
Impact Impact Incorporated
impact the hydrologic
or water quality
function of the 100-
year floodplain area?
(xx) Does the proposed [RI □ □ project site layout
adhere to the
Permittee's waterbody
setback
requirements?
(xxi) Can the proposed [RI □ □
project impact
aquatic, wetland, or
riparian habitat?
Discussion
Source
Potentially (Refer to
Significant Section 3:

Impact Source List)
□
□
(a) The subject property is currently an in-fill site, which is developed with an existing motel and related site improvements. Any future development will be required to conform to NPDES requirements and identify Best Management Practices (BMPs).
(b) The project is not expected to use significant quantities of water and therefore would not substantially deplete groundwater supplies. It would not interfere substantially with the direction or rate of flow of groundwater. California Water Service Company (CalWater) will supply water; no wells will be drilled as part of this project.
(c-e) The subject property is currently an in-fill site, which is entirely developed with an existing motel and related site improvements. Any future development will be required to provide drainage into existing and proposed drainage lines to ensure that drainage impacts are reduced to a level of insignificance through the NPDES and building permit process.
(f) (see "a" above)
The proposed extended stay motel is not located within a 100-year flood area.

Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Inundation by seiche, tsunami, or mudflow is unlikely because the site is located a considerable distance from the ocean and is relatively flat thereby negating a potential mudflow. Per the attached Engineer's Report dated August 1, 2022, the project site is located within a Regulatory Floodway and requires an Elevation Certificate prepared by a licensed surveyor. The Elevation Certificate was provided by the Applicant on September 23, 2022 (see Attachment 8).

Mitigation
No mitigation is required.

Impact
Potentially
Source Significant
Issue
Less Than Unless Potentially (Refer to
No Significant Mitigation Significant Section 3:

Impact Impact lncornorated Impact Source List)

11. LAND USE AND PLANNING. A1, A2,
Would the proposal: A3, D1
E1
(a) Physically divide an [&] □ □ □ established community? (b) Cause a significant [&] □ □ □ environmental impact due to a conflict with any land use
plan, policy, or regulation
adopted for the purpose of
avoiding or mitigating an
environmental effect?
Discussion
(a) The proposed project does not have the potential to disrupt or divide the physical arrangement of the community.
(b) The General Plan (Source A 1) Land Use designation of the approximately 8,349 square-foot eastern portion of 18,880 square-foot project site is "Residential Low Density". The proposal is to change the General Plan designation of the above referenced eastern portion of the project site from "Residential Low Density" to "Retail". The proposed change in the General Plan land use designation from "Residential Low Density" to "Retail" would be consistent with the western portion of the project site and allow for uses prescribed by the City's 2002 General Plan land use designation of Retail.

Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

The project site consists of 18,880 square-feet. The approximately 10,531 square-foot western portion of the project site is currently located in the "Commercial Retail" (CR) District, which provides for wide range of commercial uses, including the existing hotel use and the proposed Extended Stay Hotel.

The approximately 8,349 square-foot eastern portion of the project site is zoned Residential Low Density (R-L-5.5), which only allows for single-family residential uses. Uses such as the proposed Extended Stay Hotel are not allowed in the R­ L-5.5 District. The proposed Rezone would change the Zoning designation of the eastern portion of the project site from "Residential -Low Density" (R-L-5.5) to "Commercial Retail" (CR). The proposed zoning would be consistent with the existing Zoning designation of the adjacent western portion of the project site.

The project site is not located within a specific plan or a precise plan area and therefore does not conflict with such a plan. The project site is located entirely within the City limits of Salinas and does not conflict with the adopted sphere of influence.

Conditional Use Permit 2022-005 (CUP 2022-005) is requested to establish and operate an Extended Stay Hotel through the discretionary Conditional Use Permit (CUP) process. Proposed conditions of CUP 2022-005 will ensure that, when implemented, the project will conform and comply with the provisions of the Salinas Zoning Code.

Mitigation
No mitigation is required.

Impact
Potentially
Source Significant
Issue
Less Than Unless Potentially (Refer to
No Significant Mitigation Significant Section 3:

Impact Impact Incorporated Impact Source List)

12. MINERAL RESOURCES. A1, A2,
Would the proposal: A3
(a) Result in the loss of [RI □ □ □
availability of a known
mineral resource that
would be of value to the
region and the residents of
the state?
(b) Result in the loss of [RI □ □ □ availability of a locally Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Significant
Issue
Less Than Unless
No Significant Mitigation
Impact Impact Incorporated
important mineral resource
recovery site delineated on
a local general plan,
specific plan or other land
use plan?
Discussion
Source
Potentially (Refer to
Significant Section 3:

Impact Source List)
(a-b) The proposed project is not expected to result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state.

Mitigation
No mitigation is required.

Impact
Potentially
Source Significant
Issue
Less Than Unless Potentially (Refer to
No Significant Mitigation Significant Section 3:

Impact Impact Incorporated Impact Source List)

13. NOISE. Would the proposal A1, A2,
result in: A3, D1
(a) Generation of a substantial [ID □ □ □ temporary or permanent increase in ambient noise
levels in the vicinity of the
project in excess of
standards established in
the local general plan or
noise ordinance, or
applicable standards of
other agencies?
(b) Generation of excessive [ID □ □ □ ground borne vibration or Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Source Significant
Issue
Less Than Unless Potentially (Refer to
No Significant Mitigation Significant Section 3:

Impact Impact Incorporated Impact Source List)
groundborne noise levels?
(c) For a project located within IB] □ □ □ the vicinity of a private airstrip or an airport land
use plan or, where such a
plan has not been
adopted, within two miles
of a public airport or public
use airport, would the
project expose people
residing or working in the
project area to excessive
noise levels?
Discussion
(a-b) The project site is located within the 65 CNEL contour as shown on Figure 5.3-1 Noise Contours (CNEL) of the Salinas General Plan, Final Environmental Impact Report, 2002. The Future Noise Contours as shown on Figure 5.3-4 of the Salinas General Plan, Final Environmental Impact Report, 2002, shows the project site as located within the 65 CNEL contour. Traffic generates the main source of noise for the depicted 65 CNEL contour. Noise levels generated by any future proposed uses because the Zoning Code Standards regarding noise are expected to reduce noise impacts to a level of insignificance.

No substantial permanent, or temporary or periodic, increases in the ambient noise level are expected with the project. According to the General Plan Master Environmental Assessment Section 9.2, ambient noise is defined as the "all encompassing noise associated with a given environment, being a composite of sounds from many sources, near and far."
(c) The project site is located approximately 4.6 miles from the Salinas Municipal Airport and is located within the 55 CNEL contour as shown on Figure 5.3-2:

Salinas Airporl Future Noise Contours) of the Salinas General Plan, Final Environmental Impact Report, 2002. Noise impacts from airport operations will not have an adverse impact on the site.

Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Mitigation
No mitigation is required.

Impact
Potentially
Significant
Issue
Less Than Unless
No Significant Mitigation
Impact Impact Incorporated

14. POPULATION AND
HOUSING. Would the proposal:
(a) Induce substantial [&:) □ □ unplanned population growth in an area, either directly (for
example, by proposing new
homes and businesses) or
indirectly (for example,
through extension of roads
or other infrastructure)?
(b) Displace substantial [&:) □ □ numbers of existing people or housing, necessitating the
construction of replacement
housing elsewhere?
Discussion
Source
Potentially (Refer to
Significant Section 3:

Impact Source List)
A1, A2,
A3
□
□
(a-c) The proposed CR zoning would allow development of residential uses, but due to the size of the site, substantial population growth is unlikely. The project site is a currently an existing developed in-fill site.

Mitigation
No mitigation is required.

Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Significant
Issue
Less Than Unless
No Significant Mitigation
Impact Impact Incorporated

15. PUBLIC SERVICES. Would
the project result in
substantial adverse physical
impacts associated with the
provision of new or physically
altered governmental
facilities, need for new or
physically altered
governmental facilities, the
construction of which could
cause significant
environmental impacts, in
order to maintain acceptable
service ratios, response times
or other performance
objectives for any of the
public services:
(a) Fire protection? IRI □ □
(b) Police protection? IRI □ □
(c) Schools? IRI □ □
(d) Parks? IRI □ □
(e) Other public facilities? IRI □ □
Discussion
Source
Potentially (Refer to
Significant Section 3:

Impact Source List)
A1, A2,
A3
□
□
□
□
□
(a-e) The proposed project is located on an existing developed in-fill site. Police and Fire services are currently available to serve the site. No school children will be generated by the project. North Main Street and East Bolivar Street have been designed and constructed to accommodate the demands of any future development and traffic. No other government services are expected to be impacted by the project.

Mitigation
No mitigation is required.

Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Significant
Issue
Less Than Unless
No Significant Mitigation
Impact Impact Incorporated

16. RECREATION. Would the
proposal:
(a) Would the project increase IB] □ □ the use of existing neighborhood and regional
parks or other recreational
facilities such that
substantial physical
deterioration of the facility
would occur or be
accelerated?
(b) Does the project include IB] □ □
recreational facilities or
require the construction or
expansion of recreational
facilities, which might have
an adverse physical effect
on the environment?
Discussion
Source
Potentially (Refer to
Significant Section 3:

Impact Source List)
A1, A2,
A3,D1
□
□
(a-b) Soto Square Park is located across East Bolivar Street to the north. The proposed project will not substantially increase the use in park facilities. The proposed CR zoning would allow development of residential uses, but due to the size of the site, substantial population growth is unlikely. The project does not include recreational facilities. Future development will be required to pay all applicable Park and Recreation fees as determined by the Director of Recreation and Community Services at the time of building permit issuance. Payment of fees is expected to reduce impacts to recreational facilities to a level of insignificance.

Mitigation
No mitigation is required.

Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Significant
Issue
Less Than Unless
No Significant Mitigation
Impact Impact Incorporated

17. TRANSPORTATION. Would
the project:
(a) Conflict with a program [&] □ □ plan, ordinance or policy addressing the circulation
system, including transit,
roadway, bicycle and
pedestrian facilities?
(b) Would the project conflict [&] □ □
or be inconsistent with
CEQA Guidelines Section
15064.3, Subdivision (b)?
(c) Substantially increase [&] □ □ hazards due to a
geometric design feature
(e.g., sharp curves or
dangerous intersections)
or incompatible uses (e.g.,
farm equipment)?
(d) Result in inadequate [&] □ □ emergency access?
Discussion
Source
Potentially (Refer to
Significant Section 3:

Impact Source List)
A1, A2,
A3,A8
□
□
□
□
(a) The project will not conflict with adopted policies, plans, or programs supporting alternative transportation. No changes to the existing Monterey Salinas Transit (MST) network are proposed.
(b) Due to the size of the site and the existing building, the proposed project is not expected to generate significant traffic trips. Any future development is required to pay all applicable traffic impact fees as determined by the City Engineer at the time of building permit issuance. Payment of traffic fees will ensure that potential traffic impacts are reduced to a level of insignificance. (c) The project will not substantially increase hazards due to design features or incompatible uses.

Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

(d) The proposal will not result in inadequate emergency access.

Mitigation
No mitigation is required.

Impact
Potentially
Significant
Issue
Less Than Unless Potentially
No Significant Mitigation Significant
Impact Impact Incorporated Impact

18. TRIBAL CULTURAL
RESOURCES. Would the
project:
(a) Would the project cause
a substantial adverse
change in the
significance of a tribal
cultural resource,
defined in Public
Resources Code 2107 4
as either a site, feature,
place, cultural
landscape that is
geographically defined
in terms of the size and
scope of the landscape,
sacred place, or object
with cultural value to a
Californian Native
American tribe, and that
is:
i. Listed or eligible for [RI □ □ □
listing in the
California Register of
Historical Resources,
or in a local register
of historical
resources as defined
in Public Resources
Code Section
5020.1 (k); or
ii. A resource □ [RI □ □ determined by the
Source
(Refer to
Section 3:

Source List)
A1, A2
A5,A6,
F1, F2
Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Issue
Discussion
Lead Agency, in its
discretion and
supported by
substantial evidence,
to be significant
pursuant to criteria
set forth in
subdivision (c) of
Public Resources
Code Section 5024.1
In applying the
criteria set forth in
Subdivision (c) of
Public Resource
Code 5024. 1, the
Lead Agency shall
consider the
significance of the
resource to a
California Native
American tribe.

No
Impact
Impact
Potentially
Significant
Less Than Unless
Significant Mitigation
Impact Incorporated
Source
Potentially (Refer to
Significant Section 3:

Impact Source Listi
(a) Per Section 5.8 (Cultural Resources) of the Final Environmental Impact Report for the Salinas General Plan (Source A 1 ), little archaeological investigation has occurred in the City of Salinas or in Monterey County. However, there is always the potential to encounter subsurface materials during grading and construction.

Therefore, pursuant to the Public Resources Code (Section 21083.2), in the event that cultural materials are encountered during grading/construction, all work shall cease until the find has been evaluated and mitigation measures put in place for the disposition and protection of any find. With this requirement, there is little potential for a significant impact on the environment.

On August 19, 2022, pursuant to Public Resources Code Section 21080.3.1, subd. (d), and Assembly Bill 52 (AB52), City of Salinas staff sent via certified mail, a consultation request regarding the proposed project to all applicable California Native American Tribes whose geographic area of traditional and cultural affiliation lands boundary includes the City of Salinas as specified by the Native American Heritage Foundation. On September 23, 2022, staff had a Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

phone consultation with Louise J. Miranda Ramirez, Tribal Chairperson of the Ohlone Costanoan Esselen Nation concerning the proposed project. Staff provided Ms. Miranda-Ramirez with information concerning the proposed project and did not receive any future correspondence from the Ohlone Costanoan Esselen Nation. Staff received correspondence from the Santa Ynez Band of Chumash Indians dated September 12, 2022 requesting no further consultation on the project (Attachment 10). No additional correspondence was received from any of the other consulted California Native American Tribes.

On August 18, 2022, staff sent a request to the California Historical Resources Information System (CHRIS) to determine if the project could adversely affect cultural resources. Per the attached response dated December 7, 2022 (Source F2, Attachment 7), CHRIS found no record of any previous cultural resource studies for the proposed project area. The response from CHRIS recommended tribal consultation, which as stated above occurred on August 19, 2022.

Mitigation Measure TCR-1, pursuant to Public Resources Code (Section 21083.2), will be required, which states that in the event that cultural materials are encountered during grading/construction, all work shall cease until the find has been evaluated and mitigation measures put in place for the disposition and protection of any find.

Mitigation
TCR-1 In the event that cultural materials are encountered during development, all work shall cease until the find has been evaluated and mitigation measures put in place for the disposition and protection of any find pursuant to Public Resources Code Section 21083.2.

Impact
Potentially
Source Significant
Issue
Less Than Unless Potentially (Refer to
No Significant Mitigation Significant Section 3:

Impact Impact Incorporated Impact Source List)

19. UTILITIES & SERVICE A1, A2,
SYSTEMS. Would the A3
project:
(a) Require or result in the [RI □ □ □ relocation or construction of new or expanded water,
wastewater treatment or
storm water drainaqe,
Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Significant
Issue
Less Than Unless
No Significant Mitigation
Impact Impact lncoroorated
electric power, natural gas,
or telecommunications
facilities, the construction or
relocation of which could
cause significant
environmental effect?
(b) Have sufficient water !RI □ □ supplies available to serve the project and reasonably
foreseeable future
development during normal,
dry, and multiple dry years?
(c) Result in a determination by !RI □ □ the wastewater treatment provider which serves or may
serve the project that it has
the adequate capacity to
serve the project's projected
demand in addition to the
provider's existing
commitments?
(d) Generate solid waste in !RI □ □ excess of State or Local standards, or in excess of
the capacity of local
infrastructure, or otherwise
impact the attainment of
solid waste reduction goals?
(e) Comply with federal, state, !RI □ □ and local management and reduction statues and
regulations related to solid
waste?
Discussion
Source
Potentially (Refer to
Significant Section 3:

Impact Source List)
□
□
□
□
(a-c) The proposed project is not expected to involve a heavy usage of water and therefore would not discharge significant quantities of water into the wastewater treatment plant (also see Hydrology and Water Quality above).

Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

(d-e) The proposed project is not expected to generate significant solid waste because there are no products produced. Disposal of waste generated by future development is not expected to be significant and will be required to comply with federal, state, and local statutes.

Mitigation
No mitigation is required.

Impact
Potentially
Source Significant
Issue
Less Than Unless Potentially (Refer to
No Significant Mitigation Significant Section 3:

Impact Impact Incorporated Impact Source List)

20. WILDFIRE. If located in or A1, A2,
near State responsibility A3
areas or lands classified as
very high fire hazard severity
zones, would the project:
(a) Substantially impair an [&I □ □ □ adopted emergency response plan or emergency
evacuation plan?
(b) Due to slope, prevailing [&I □ □ □ winds, and other factors, exacerbate wildfire risks, and
thereby expose project
occupants to, pollutant
concentrations from a
wildfire or the uncontrolled
spread of a wildfire?
(c) Require the installation or [&I □ □ □ maintenance of associated infrastructure (such as roads,
fuel breaks, emergency
water sources, power lines,
or other utilities) that may
exacerbate fire risk or that
may result in temporary or
ongoing impacts to the
environment?
Initial Study-General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Impact
Potentially
Significant
Issue
Less Than Unless
No Significant Mitigation
Impact Impact Incorporated
(d) Expose people or structures [8] □ □ to significant risks, including downslope or downstream
flooding or landslides, as a
result of runoff, post-fire
slope instability, or drainage
changes?
Discussion
Source
Potentially (Refer to
Significant Section 3:

Impact Source List)
□
(a-d) The proposed project is located on an urban in-fill site adjacent to existing developed properties. The project as proposed would not substantially impair an adopted emergency response plan or emergency evacuation plan. The project also would not require the installation and maintenance of infrastructure that may exacerbate fire risk or result in temporary of ongoing impacts to the environment.

Mitigation
No mitigation is required.

Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

Less Than
Significant
Mandato No Im act Im act

1. Does the project have the potential to [R] □
substantially degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species,
cause a fish or wildlife population to
drop below self-sustaining levels,
threaten to eliminate a plant or animal
community, substantially reduce the
number or restrict the range of a rare
or endangered plant or animal or
eliminate important examples of the
major periods of California history or
prehistory?

2. Does the project have impacts that are [R] □
individually limited, but cumulatively
considerable? ("Cumulatively
considerable" means that the
incremental effects of a project are
considerable when viewed in
connection with the effects of past
projects, the effects of other current
projects, and the effects of probable
future projects)?
("Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of
past projects, the effects of other current
projects, and the effects of probable future
projects).

3. Does the project have environmental
effects, which will cause substantial
adverse effects on human beings,
either directly or indirectly?
[R] □
Potentially
Significant
Unless
Miti ated
□
□
□
Potentially
Significant
Im act
□
□
□
Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

3. SOURCE LIST
Source
City of Salinas:

Salinas General Plan, 2002.

Salinas General Plan, Final Environmental Impact Report, 2002.

Salinas Zoning Code: !RI Entire Code Section:

City of Salinas Stormwater Ordinance, dated March 2013
1989 City Historical and Architectural Survey
2016 City Historical and Architectural Survey
Engineer's Report for proposed project dated August 1, 2022 Citv Traffic Fee Ordinance 201 O
Monterey Bay Air Resources District:

CEQA Air Quality Guidelines prepared by the Monterey Bay Air Resources District, dated Februarv 2008
Monterey Bay Air Resources District. Triennial Plan Revision 2009-2011, dated April 17, 2013
Monterey Bay Community Power Authority:

Monterev Bav Communitv Power Authoritv Implementation Plan, Auqust 2017 Field Inspections:

Bv Citv staff, various dates
Maps/Aerial Photography:

City's aerial photoqraphs, 2018.

Other:

Native American Heritaqe Commission
California Historical Resources Information Systems (CHRIS) Response on proposed project dated December 7, 2022
Source
Number
A1
A2
A3
A4
A5
A6
A7
AS
81 82
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Initial Study-General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

4. DETERMINATION
On the basis of this Initial Study:
□ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

IRl I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MIT/GA TED NEGATIVE DECLARATION will be prepared.
□ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
□ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect:
(a) Has been adequately analyzed in (Reference document) pursuant to applicable legal standards; and
(b) Has been addressed by mitigation measures based on the earlier analysis as described in Section 2: Checklist, if the effect is a "Potentially Significant Impact" or a Negative Declaration: "Potentially Significant Unless Mitigation Incorporated".

An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
□ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects:
(a) Have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and;
(b) Have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project.

NOTHING FURTHER IS REQUIRED.

Prepared by~~
Courtney Grossman
Planning Manager
Attachments:

1. Vicinity Map

2. General Plan Amendment Map for 2110 North Main Street Dated: 3/J·Z/2 ~
Initial Study -General Plan Amendment 2022-003, Rezone 2022-003, and Conditional Use Permit 2022-005 -2110 North Main Street
City of Salinas -Community Development Department

3. Rezone Map for 2110 North Main Street

4. Site Plan (Sheet A-0)

5. Exterior Elevations

6. Zone and Parcel Map (Sheet A-1)

7. Floor Plan (Sheet A-2)

8. Photometric Plans (Sheet A-3)

9. Landscaping (Sheet L-1)

10. Engineer's Report dated August 1, 2022

11. California Historical Resources Information Systems (CHRIS) Response dated December 7, 2022

12. FEMA Elevation Certificate for 2110 North Main Street

13. Swift Consultant Services letter dated July 12, 2022

14. Comment letter from the Santa Ynez Band of Chumash Indians dated September 12, 2022

15. Mitigation Monitoring and Reporting Program
l:\ComDev\Planning Share Space\General Plan Amendments\GPA 2022-003, RZ 2022-003, & CUP 2022-005 -2110 N Main St\ER 2022-012\GPA 2022-003, RZ 2022-003, and CUP 2022-005 Initial Study.doc North Vicinity Map
GENERAL PLAN AMENDMENT 2022-003,
REZONE 2022-003, AND CONDITIONAL
USE PERMIT 2022-005
2110 North Main Street
~
North
---
General Plan
Amendment Map
Change General Plan
designation of the
east portion of 2110
North Main Street
from "Residential Low
ensity" to " ·
~-------~
General Plan Amendment 2022-003
(Related to Rezone 2022-003)
Project Description: Change the General Plan designation of 2110 North Main Street (APN:
253-074-005-000) from "Residential Low Density" to "Retail". l:\ComDev\Planning Share Space\GPA 2022-003 and RZ 2022-003 -2110 N Main St\GPA map.doc iJ
North Rezoning Map
0 a::

Rezone east portion of
2110 North Main Street
from Residential Low
Density (R-L-5.5) to
Commercial Retail (CR) ':) ,.

REZONE 2022-003
(Related to General Plan Amendment 2022-003)
Project Description: Change the zoning of a parcel land located at 2110 North Main Street (APN: 253-074-005-000) from Residential Low Density (R-L-5.5) to Commercial Retail (CR).
l:\ComDev\Planning Share Space\GPA 2022-003 and RZ 2022-003 -2110 N Main St\Form Rezoning Map Exhibit.doc
Exhibit rIJ
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GPA AND RZ APPLICATION CAPITOL
2110 NORTH MAIN ST., SALINAS,
APN# 253-074-005-000
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PROJECT DATA
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PROJECT DESCRIPTION
• Applicotion for o Genera! Plan
Amendment and Rezone of eastern
portion of property which is zoned
Residential Low Density (R-L- 5.5) GPA
end RZ to change the above designations
to Retail and CR zone to be consistent
with the other portion of the property
which would allow for extended stay hot el
with CUP.
• CUP application to convert on existing
Motel into on extend ed stay hotel for
agricultural workers
PROPOSAL COt.lMON AREA
696.15 so fT

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City of Salinas
DEVELOPMENT ENGINEERING (PW)• 65 West Alisa! Street• Salinas, California SALi NAs----------------
Phone: (831) 758-7251 • www.cityofsalinas.org HICJI IN LAND I HlCll IN VJ\LUllS

ENGINEER'S REPORT
PURPOSE: RZ2022-003 & GP A2022-003
LOCATION: 2110 N. Main St.

OWNER/ APPLICANT: Ray Patel
DATE: 8/1/2022
PLANNER: Thomas Wiles
DEVELOPMENT PROPOSAL: General Plan Amendment and Rezone at Capitol Motel.

RECOMMENDATION: Revisions Required
DEVELOPMENT REVIEW: Development Review Submittal prepared by Swift Consulting Services, dated July 12, 2022.

REVISIONS REQUIRED

1. Site Plan -Property appears to be within a Regulatory Floodway, applicant shall provide and Elevation Certificate prepared by a Licensed Surveyor.

Notice: The Conditions of Approval for this Site Plan Review include certain fees and development requirements.

Pursuant to Government Code Section 66020 (d)(J), this hereby constitutes written notice stating the amount of said fees and describing the development requirements. The applicant is hereby notified that the 90-day appeal period in which he/she/they may protest these fees and development requirements, pursuant to Government Code Section 66020 (a), begins on the date the office land use permit is approved. If applicant.files a written protest within this 90-day period complying with all requirements of Section 66020, he/she/they will be legally barred from challenging such fees and/or requirements at a later date.

CITY OF SALINAS
Javier Hernandez
Senior Development Engineer
for
Adriana Robles, PE, CFM
City Engineer
National Flood Hazard Layer Fl RMette \ ~ 1FEMA
•',L...lii: ...
0 250 500 1,000 1,500
Feet
2,000
Basemap: USGS National Map: Ortho/magery: Data refreshed October, 2020 Legend

SEE AS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT

SPECIAL FLOOD I

HAZARD AREAS

OTHER AREAS OF

FLOOD HAZARD
Without Base Rood Elevation (BFE)
Zontt A. V,A99
With BFE or Depth ZonoAE.AO, AH. VE. AR
Regulatory Floodway

0.2% Annual Chance Flood Hazard , Areas
of 1% annual chance flood with average
depth less than one foo t or with drainage
areas of less than one square mile Zonex
Future Conditions 1% Annual
Chance Flood Hazard Zonex
Area with Reduced Flood Risk due to
Levee. See Notes. Zone x
Area with Flood Risk due to Levee zon e o
NO SCREEN Area of Minimal Flood Hazard Zo~x
C=:I Effective LOMRs
OTHER AREAS I Area of Undetermined Aood Hazard z a10 o
GENERAL 1- - -· Channel . Culvert. or Storm Sewer
STRUCTURES I I I I I I I Levee, Dike, or Roodwall

20.2 Cross Sections with 1% Annual Chance
~ Water Surface Elevation
e - - - Coastal Transect
- m- Base Flood Elevation Une (BFE)
= Limit of Sl\ldy
--- Jurisdiction Boundary
.... _ .... _ Coastal Transect Baseline
OTHER I· -- Profile Baseline
FEATURES ___ Hydrographic Feature
i.J Digital Data Available N
□
No Digital Data Available
-4..-
□ 1 MAP PANELS Unmapped
The pin displayed on the map is an approximat e
point selected by the user and does not represent
an authoritative property location.

This map complies with FEMA's standards for the use of
dlgltal flood maps If It is not vokf as described below.

The basemap shown compiles with FEMA's basemap
accurcicy standards
The flood hazard Information is derived directly from the authortt.ittve NFHL web services provided by FEMA. This map was exported on 7/ 28/ 2022 at 7:13 PM and does not
reflect changes or amendments subsequent to this date and time . The NFHL and effective Information may change or become superseded by new data overtime.

This map image Is void If the one or more of the following map elements do not appear. basemap imagery. flood zone labels. legend, scale bar, map creation date, community Identifiers.

ARM panel number, and FIRM effective date . Map images for unmapped and unmodernized areas cannot be used for
regulatory purposes .

CALIFORNIA

HISTORICAL

RESOURCES

INFORMATION
SYSTEM
December 7, 2022
Tom Wiles, Senior Planner
City of Salinas
Community Development Department
65 W. Alisa I Street, 2nd Floor
Salinas, CA 93901

ALAMEDA
COi.USA

CONTRA COSTA
DEi. NORTE

HUMBOLDT
I.AKE
MARIN

MENDOCINO

MONTEREY
NAPA

SAN BENITO
SAN l'RANCISCO

SAN MATEO
SANTA Cl.ARA

SANTACRUZ
SOLANO
SONOMA
YOLO
Northwest Information Center
Sonoma State University
1400 Vallev I louse Drive, Suite 210
Rohnert l';rk, California 94928-3609
Tel: 707.588.8455
nwic@'sonoma.edu
https://nwic.sonoma.edu
File No.: 22-0306
re: GPA 2022-003 & RZ 2022-003 / APN 253-074-005 at 2110 North Main St., Salinas/ Daniel Saphorghan Dear
Records at this office were reviewed to determine if this project could adversely affect cultural resources.

Please note that use of the term cultural resources includes both archaeological sites and historical buildings and/or structures. The review for possible historic-era building/structures, however, was limited to references currently in our office and should not be considered comprehensive.

Project Description:

Application for a General Plan Amendment and Rezone of the eastern portion of the property which is zoned Residential Low Density {R-L-5.5) GPA and RZ to change the above designations to "Retail" and "CR" zone to be consistent with the other portion of the property which would allow for an extended stay hotel with CUP. This GPA and RZ were requested by City Planning department in an incomplete letter dated February 17th 2022 as a response to an existing and ongoing CUP application.

Previous Studies:
lili._ This office has no record of any previous cultural resource studies for the proposed project area (see recommendation below).

Archaeological and Native American Resources Recommendations:

XX The proposed project area has the possibility of containing unrecorded archaeological site(s). As per the project description, there is to be no ground disturbance planned or foreseen. Therefore, further study for archaeological resources is not recommended at this time. Should the description of this project change, we recommend further review for the possibility of identifying Native American and historic-period archaeological resources.

XX We recommend lead agency contact the local Native American tribe(s) regarding traditional, cultural, and religious heritage values. For a complete listing of tribes in the vicinity of the project, please contact the Native American Heritage Commission at {916) 373-3710.
__ The proposed project area has a low possibility of containing unrecorded archaeological site(s). Therefore, no further study for archaeological resources is recommended. hi
Built Environment Recommendations:

XX Since the Office of Historic Preservation has determined that any building or structure 45 years or older may be of historical value, if the project area contains such properties, it is recommended that prior to commencement of project activities, a qualified professional familiar with the architecture and history of Monterey County conduct a formal CEQA evaluation.

Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area. Additionally, Native American tribes have historical resource information not in the California Historical Resources Information System (CHRIS) Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts.

The California Office of Historic Preservation (OHP) contracts with the California Historical Resources Information System's (CHRIS) regional Information Centers (ICs) to maintain information in the CHRIS inventory and make it available to local, state, and federal agencies, cultural resource professionals, Native American tribes, researchers, and the public. Recommendations made by IC coordinators or their staff regarding the interpretation and application of this information are advisory only. Such recommendations do not necessarily represent the evaluation or opinion of the State Historic Preservation Officer in carrying out the OH P's regulatory authority underfederal and state law.

For your reference, a list of qualified professionals in California that meet the Secretary of the Interior's Standards can be found at http://www.chrisinfo.org. If archaeological resources are encountered during the project, work in the immediate vicinity of the finds should be halted until a qualified archaeologist has evaluated the situation. If you have any questions please give us a call at (707) 588-8455.

S~-~. cerely, /·
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I
Bryan 1y1uch
Coordinator
0MB No. 1660-0008 U.S. DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency Expiration Date: November 30, 2022 National Flood Insurance Program

ELEVATION CERTIFICATE
Important: Follow the instructions on pages 1-9.

Copy all pages of this Elevation Certificate and all attachments for (1) community official, (2) insurance agent/company, and (3) building owner.

SECTION A -PROPERTY INFORMATION FOR INSURANCE COMPANY USE A 1. Building Owner's Name Policy Number:

JAINIKA CORPORATION
A2. Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Company NAIC Number: Box No. 2110 NORTH MAIN STREET UNIT 101
City State ZIP Code
SALINAS California 93906
A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.) ASSESSORS PARCEL NUMBER 2536-074-005-000
A4. Building Use (e.g., Residential, Non-Residential, Addition. Accessory, etc.) COMMERCIAL (MOTEL) A5. Latitude/Longitude: Lat. 36°43' 29.10" N. Long.121°39' 22.00" W. Horizontal Datum: D NAO 1927 [8] NAO 1983 A6. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance.

A7. Building Diagram Number 9
A8. For a building with a crawlspace or enclosure(s):
a) Square footage of crawlspace or enclosure(s) 600.00 sq ft b) Number of permanent flood openings in the crawlspace or enclosure(s) within 1.0 foot above adjacent grade 0 c) Total net area of flood openings in A8.b 0.00 sq in
d) Engineered flood openings? 0Yes [8J No
A9. For a building with an attached garage:
a) Square footage of attached garage N/A sq ft
b) Number of pem,anent flood openings in the attached garage within 1.0 foot above adjacent grade NIA c) Total net area of flood openings in A9.b N/A sq in
d) Engineered flood openings? □Yes [8] No

SECTION B -FLOOD INSURANCE RATE MAP (FIRM) INFORMATION
B1. NFIP Community Name & Community Number B2. County Name B3. State CITY OF SALINAS 060202 (Monterey County 06053 C) MONTEREY California

84. Map/Panel 85. Suffix B6. FIRM Index 87. FIRM Panel 88. Flood 89. Base Flood Elevation(s) Number Date Effective/ Zone(s) (Zone AO, use Base Flood Depth) Revised Date
0207 G 04-02-2009 04-02-2009 AE 76.5
B10. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item 89:
0 FIS Profile [8J FIRM D Community Determined D Other/Source:

B11. Indicate elevation datum used for BFE in Item 89: D NGVD 1929 [8J NA VD 1988 D Other/Source:
812. Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? D Yes [8] No Designation Date: 0 CBRS 0 OPA
FEMA Form 086-0-33 (12/19) Replaces all previous editions.

E
!, rn @ Form ttlag~ 1 of 6
Xffl1ibW't [llJ

ELEVATION CERTIFICATE
0MB No. 1660-0008
Expiration Date: November 30, 2022
IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number:
2110 NORTH MAIN STREET UNIT 101
City State ZIP Code Company NAIC Number
SALINAS California 93906

SECTION C-BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) C1. Building elevations are based on: D Construction Drawings* D Building Under Construction* ~ Finished Construction *A new Elevation Certificate will be required when construction of the building is complete.

C2. Elevations -Zones A1-A30, AE, AH, A (with BFE), VE, V1-V30, V (with BFE), AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO.

Complete Items C2.a-h below according to the building diagram specified in Item A7. In Puerto Rico only, enter meters.

Benchmark Utilized: GU 3881 "BORONDA 1974" Vertical Datum: NAVD88 Indicate elevation datum used for the elevations in items a) through h) below. 0 NGVD 1929 IBJ NAVO 1988 D Other/Source:

Datum used for building elevations must be the same as that used for the BFE.

Check the measurement used.
a) Top of bottom floor (including basement, crawlspace, or enclosure floor) 76.8 [8J feet D meters b) Top of the next higher floor 80.0 [8J feet O meters
c) Bottom of the lowest horizontal structural member (V Zones only) N/A D feet D meters d) Attached garage (top of slab) N/A D feet O meters
e) Lowest elevation of machinery or equipment servicing the building (Describe type of equipment and location in Comments) 80.5 [8J feet 0 meters f) Lowest adjacent (finished) grade next to building (LAG) 77.8 [8] feet O meters g) Highest adjacent (finished) grade next to building (HAG) 79.3 [8J feet D meters h) Lowest adjacent grade at lowest elevation of deck or stairs, including structural support N/A D feet D meters

SECTION D-SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation information.

I certify that the information on this Certificate represents my best effo,ts to interpret the data available. I understand that any false statement may be punisha/Jle /Jy fine or imprisonment under 18 U.S. Code, Section 1001.

Were latitude and longitude in Section A provided by a licensed land surveyor? l:8J Yes D No D Check here if attachments.

Certifier's Name License Number
DAVID T. EDSON LS 4974 -
Title S~<v l~ S(jlrt,,,
OWNER <v~ ~ o:j,•-EDs. ~)::

Company Name ~ ~:cl~ 0 ~
" <;) ..,,,,,
CENTRAL COAST SURVEYORS cea
j NQ. 4 74 J Address
* tsere * 5 HARRIS CT. STE N-1
'
u')' ~~
City
~\
State ZIP Code "I;-. ~
MONTEREY California 93940 t 0FCAl\'tC>
Signature
A JJ-
Date Telephone Ext.

Vi 09-23-2022 (831) 394-4930
Copy all pages of ,iis'e ~a m/1 Certificate and all attachments for (1) community official, (2) insurance agenVcompany, and (3) building owner.

Comments (including type of equipment and location, per C2(e), if applicable) C2(e) Refers to electrical outlet in adjacent storage room.

Units situated to the east and attached to this unit are similar in configuration and similar in elevation.

Unit 101 shown partially in the regulatory noodway on the FIRM due to a mapping discrepancy.

FEMA Form 086-0-33 (12/19) Replaces all previous editions. Form Page 2 of 6

ELEVATION CERTIFICATE
IMPORTANT: In these spaces, copy the corresponding information from Section A.

Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. 2110 NORTH MAIN STREET UNIT 101
0MB No. 1660-0008
Expiration Date: November 30, 2022

FOR INSURANCE COMPANY USE
Policy Number:

City

SALINAS
State ZIP Code Company NAIC Number
California 93906

SECTION E-BUILDING ELEVATION INFORMATION (SURVEY NOT REQUIRED)

FOR ZONE AO AND ZONE A (WITHOUT BFE)
For es AO and A (without BFE), complete Items E1-E5. If the Certificate is intended to support a LOMA or LOMR-F request, comple Sections A, B,and C. For Items E1-E4, use natural grade, if available. Check the measurement used. In Puerto Rico o enter met s.

E 1. Provide levation information for the following and check the appropriate boxes to show whether the elevation is abov or below the highe adjacent grade (HAG) and the lowest adjacent grade (LAG). a) Top of bo om floor (including basement,
crawlspace, or enclosure) is ________ D feet D meters
b) Top of bottom oor (including basement,
crawlspace, or closure) is _______ D feet D meters
E2. For Building Diagrams 9 with permanent flood openings provided in Section A Items 8 and/or 9 (see ages 1-2 of Instructions), the next higher floor (elev ·on C2.b in
the diagrams) of the buildin ·s ________ D feet above or D below the HAG.

E3.

E4. Top of platform of machinery and/or
servicing the building is
□feet D above or D below the HAG.

D above or D below the HAG.

E5. Zone AO only: If no flood depth number is vailable, is the top of the bottom floor el ated in accordance with the community's floodplain management ordinance? D Ye D No D Unknown. The loca fficial must certify this information in Section G.

SECTION F -PROPERTY 0
The property owner or owner's authorized representative o completes Sec · ns A, B, and E for Zone A (without a FEMA-issued or community-issued BFE) or Zone AO must sign here. The st ons A, B, and E are correct to the best of my knowledge.

Address State ZIP Code
Signature Telephone
Comments
D Check here if attachment
FEMA Form 086-0-33 (12/19) Replaces all previous editions. Form Page 3 of 6

ELEVATION CERTIFICATE
0MB No. 1660-0008
Expiration Date: November 30, 2022
IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. 2110 NORTH MAIN STREET UNIT 101
Policy Number:

City

SALINAS
State
California
ZIP Code
93906
Company NAIC Number

SECTION G -COMMUNITY INFORMATION (OPTIONAL)
Th ocal official who is authorized by law or ordinance to administer the community's floodplain management ordinance can compl Secti s A, B, C (or E), and G of this Elevation Certificate. Complete the applicable item(s) and sign below. Check the measurem t used in ems G8-G10. In Puerto Rico only, enter meters.

G1. D Tli information in Section C was taken from other documentation that has been signed and sealed by a licensed urveyor, engi er, or architect who is authorized by law to certify elevation information. (Indicate the source and date of e elevation data in e Comments area below.)
G2. D A commun official completed Section E for a building located in Zone A (without a FEMA-issued or co 1unity-issued BFE) or Zone AO.

G3. 0 ation (Items G4-G10) is provided for community floodplain management puri:i ses.

G4. Permit Number G5. Date Permit Issued
G7. This permit has been issued for: New Construction D Substantial lmprov GB. Elevation of as-built lowest floor (including b ement) of the building:

G9. BFE or (in Zone AO) depth of flooding at the buildin site:

G10. Community's design flood elevation:

Local Official's Name
Community Name
Signature
Comments (including type of equipment and lo tion, per C2(e), if applicable) FEMA Form 086-0-33 (12/19) Replaces all previous editions.

G6. D Certificate of
mpliance/Occupancy Issued
D feet D meters Datum -----
D feet D meters Datum -----
D feet D meters Datum -----
Form Page 4 of 6

BUILDING PHOTOGRAPHS
ELEVATION CERTIFICATE See Instructions for Item A6.

IMPORTANT: In these spaces, copy the corresponding information from Section A.

Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. 2110 NORTH MAIN STREET UNIT 101
City

SALINAS
State
California
ZIP Code
93906
0MB No. 1660-0008
Expiration Date: November 30, 2022

FOR INSURANCE COMPANY USE
Policy Number:

Company NAIC Number
If using the Elevation Certificate to obtain NFIP flood insurance, affix at least 2 building photographs below according to the instructions for Item A6. Identify all photographs with date taken; "Front View' and "Rear View'; and, if required, "Right Side View' and "Left Side View." When applicable, photographs must show the foundation with representative examples of the flood openings or vents, as indicated in Section A8. If submitting more photographs than will fit on this page, use the Continuation Page.

Photo One Caption FRONT VIEW 9/19/2022 Clear Photo One
Photo Two Caption RIGHT SIDE VIEW 9/19/2022 Clear Photo Two FEMA Form 086-0-33 (12/19) Replaces all previous editions. Form Page 5 of 6

BUILDING PHOTOGRAPHS
ELEVATION CERTIFICATE Continuation Page
IMPORTANT: In these spaces, copy the corresponding information from Section A.

Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. 2110 NORTH MAIN STREET UNIT 101
City

SALINAS
State
California
ZIP Code
93906
0MB No. 1660-0008
Expiration Date: November 30, 2022

FOR INSURANCE COMPANY USE
Policy Number:

Company NAIC Number
If submitting more photographs than will fit on the preceding page, affix the additional photographs below. Identify all photographs with: date taken; "Front View' and "Rear View'; and, if required, "Right Side View' and "Left Side View." VVhen applicable, photographs must show the foundation with representative examples of the flood openings or vents, as indicated in Section A8.

Photo Three Caption REAR VIEW 9/19/2022 Clear Photo Three Photo Four
Photo Four
Photo Four Caption Clear Photo Four
FEMA Form 086-0-33 (12/19) Replaces all previous editions. Form Page 6 of 6 Swift Consulting Services
July 12th 2022
City of Salinas
Community Development Department
65 West Alisai Street
Salinas, CA 93901
Subject: General Plan Amendment and Rezone of portion of property Capitol Motel 2110 North Main Street, Salinas, APN 253-074-005-000
This is a combined application, General Plan Amendment and Rezone of subject property to allow for extended stay housing for agricultural workers. A CUP has already been applied for, however, the owner was unaware that the property needed a GPA and RZ to allow for this type of use. Recent changes in the zoning ordinance 2665 now allow for extended use in the CR zones with a successful CUP application.

The existing property has two General Plan designations Retail and Residential -Low density.

Applicant would like to amend the general plan designation of the Residential -low density eastern portion of the parcel to Retail so it matches the western portion of the parcel to establish continuity in the General Plan designation as the whole parcel would be designated Retail.

The current property also has 2 zones: Commercial Retail and R-L-5.5. Applicant would like to rezone the eastern portion from R-L-5.5 to Commercial Retail (CR) so it matches the western portion and establish Commercial Retail (CR) continuity in the zoning of this parcel.

Please find the following attachments:

1. Development review application GPA and RZ

2. GPA and RZ Change Request

3. 2110 N Main St. Site Plan
This GPA and RZ application is part of the CUP application being deemed complete and is vital to gain extended stay use for this parcel which would enable the property to continue to provide much needed housing for agricultural workers.

Yours sincerely,
Daniel Saphorghan
Development Consultant
500 Chestnut Street, Ste 100 Santa Cruz, CA 95060 I (831 )459-9992 I www.swiftconsultingservice.com ~------------------------ ------------------------------------------------------- ----- ~
~

SANTA YNEZ CHUMASH
TRIBAi. EWER'S COUNCIL
lOl'ftOltCl.W0'11lURYttRIBAl.~UitR't',
TRAOITK>HS ANO CIJU1Jfl£
Santa Ynez Band of Chiunash Indians
Tribal Elders' Council
P. 0. Box 517 ♦ Santa Ynez ~ CA ♦ 93460
Phone: (805)688-7997 ~ Fax: (805)688-9578 ~ Email: [email protected] September 12, 2022
City of Salinas
Community Development Department
65 West Alisai Street
Salinas, CA 93901
Att.: Thomas Wiles, Senior Planner
Re: General Plan Amendment 2022-003 and Rezone 2022-003 Located at 2110 North Main Street APN 253-074-005-000
Dear Mr. Wiles:

Thank you for contacting the Tribal Elders' Council for the Santa Ynez Band of Chumash Indians.

At this time, the Elders' Council requests no further consultation on this project; however, we understand that as part of NHPA Section 106, we must be notified of the project.

Thank you for remembering that at one time our ancestors walked this sacred land.

Sincerely Yours,
Crystal Mendoza
Administrative Assistant I Cultural Resources
Santa Ynez Band of Chumash Indians I Tribal Hall
(805) 325-5537
[email protected]
Mitigation
Number
CU-I
Cultural
Resources and
TCR-1
Tribal and
Cultural
Resources

CAPITOL MOTEL GENERAL PLAN AMENDMENT AND REZONE

MITIGATION MONITORING AND REPORTING PROGRAM
2110 NORTH MAIN STREET
(GENERAL PLAN AMENDMENT 2022-003, REZONE 2022-003, AND
CONDITIONAL USE PERMIT 2022-005)
Nature of Result after Party Party
Mitigation Mitigation Responsible Responsible for
for Monitoring:

Implementing Method to
Confirm
Implementation
In the event that cultural materials are Ensure Applicant, or Public Works encountered during development, all work protection of Successor m Depmtment and shall cease until the find has been evaluated on-site Interest. Community and mitigation measures put in place for the cultural Development disposition and protection of any find resources. Department. pursuant to Public Resources Code Section
21083.2.

Timing for
Implementation
During
construction
phase.

I:\ComDev\Planning Share Space\General Plan Amendments\GPA 2022-003, RZ 2022-003, & CUP 2022-005 -2110 N Main St\ER 2022-012\GPA 2022-003, RZ 2022-003, and CUP 2022-005 Mitigation Monitoring and Reporting Program.docx

I

April 12, 2023

Thomas Wiles, Senior Planner
City of Salinas
Community Development Department
65 West Alisal Street
Salinas, CA 93905

RE: ENVIRONMENTAL

REVIEW/REQUEST FOR COMMENTS
2110 North Main Street/ APN: 253-074-
005-000/ GPA 2022-003, RZ 2022-003,
and CUP 2022-005

Dear Mr. Wiles:

Monterey-Salinas Transit (MST) provides public transportation throughout Monterey County and operates an extensive bus network in Salinas. As requested by the City of Salinas, MST has reviewed the Initial Study/Mitigated Negative Declaration (IS/MND) for the Capitol Motel General Plan Amendment, Rezone, and Conditional Use Permit to establish and operate an Extended Stay Hotel and would like to make the following comments.

MST serves, operates, and maintains two (2) existing stops within the project’s vicinity, which currently serve Line 49. Line 49 travels from the Salinas Transit Center in Downtown Salinas to Santa Rita via North Main Street. This line provides service every 15 minutes from Downtown Salinas to Northridge, with service every 30 minutes in Santa Rita. MST would like to encourage Capitol Hotel to enroll in MST’s Group Discount Program to offer employees and hotel guests bus passes at a substantially reduced price.

If you have any questions about the above comments, please do not hesitate to contact me at [email protected] or 831-264-5877.

Sincerely,

Michelle Overmeyer
Director of Planning & Innovation
CC:

GENERAL PLAN AMENDMENT 2022-003, REZONE 2022-003, AND
CONDITIONAL USE PERMIT 2022-005; AMEND THE GENERAL PLAN DESIGNATION FROM “RESIDENTIAL LOW DENSITY” TO
“RETAIL”, CHANGE THE ZONING DESIGNATION FROM
“RESIDENTIAL LOW DENSITY (R-L-5.5)” TO “COMMERCIAL
RETAIL (CR)”, AND ESTABLISH AND OPERATE AN EXTENDED STAY HOTEL FOR 22 OF 25 ROOMS LOCATED AT 2110 NORTH MAIN

STREET IN THE COMMERCIAL RETAIL (CR) AND RESIDENTIAL
LOW DENSITY (R-L-5.5) ZONING DISTRICTS
Thomas Wiles, Senior Planner
Community Development Department
Tuesday June 20, 2023
Background
 Located at 2110 North Main Street
 Existing hotel/motel (Capitol Motel)
 Legal non-conforming use
 Constructed circa 1936
 Applicant - Capitol Motel – Ray Patel
 Establish & operate Extended Stay Hotel
 Split General Plan & Zoning designations
 Consistent designations
 Surrounding uses:
 Commercial, Park, Public/Semipublic, &
Residential

General Plan
Amendment 2022-003
 18,880 square-foot lot
8,349 s.f. eastern portion:
 “Residential Low Density”
 Western portion - “Retail”
 Change eastern portion designation:
 “Residential Low Density” to “Retail”
 Consistent General Plan designation:
 Allow retail uses on-site

Rezone 2022-003
 Rezone same eastern portion:
 “R-L-5.5” to “CR”
 Allow commercial uses
 Proposed Extended Stay Hotel
 Not within Specific plan or Precise
Plan area
 Within Salinas
 Infrastructure available

Conditional Use
Permit 2022-005
Extended Stay Hotel use
22 of 25 rooms
One-story hotel
Two-story office
13 off-street parking spaces
Need GPA and RZ
Environmental Review
Initial Study & Mitigated Negative Declaration routed to responsible agencies on March 17, 2023:
 Will not have a significant effect on the environment  Mitigation Monitoring and Reporting Program
 State Clearinghouse – March 17, 2023 (SCH Number 2023030481)  Posted County Clerk’s Office – March 17, 2023
 Routed to responsible agencies – March 17, 2023
 Deadline for comments – April 17, 2023
Initial Study Comments received from the following:
 Monterey Salinas Transit (MST)
Recommendation
 Planning Commission recommended approval on May 3, 2023  Housing and Land Use Committee recommended approval on May 9, 2023  Approve a Resolution:
 Adopt Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program;
 Approve General Plan Amendment 2022-003;
 Changing General Plan Land Use Designation at 2110 North Main Street  Approximately 8,349 s.f eastern portion of 18,880 s.f lot  “Residential Low Density” to “Retail”; and
 Approve Conditional Use Permit 2022-005;
 Establish and operate Extended Stay Hotel for 22 of 25 on-site rooms; and  Adopt an Ordinance:
 Approve Rezone 2022-003;
 Change Zoning designation of above referenced eastern portion of project site  “R-L-5.5” to “CR”
 Public Notices:
 Published in Monterey Herald – June 4, 2023; and
 Mailed and Posted – June 4, 2023

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-434, Version: 1
Agreements for Services with Downtown Streets, Inc and Hope Services Approve a Resolution authorizing the City Manager execute an Agreement for Services between the City of Salinas and Downtown Streets, Inc. in an amount not to exceed $164,920.00; and enter into a License Agreement with Downtown Streets, Inc., to use the rear portion of city-owned property at 282 East Alisal Street to store equipment; and execute an Agreement for Services between the City of Salinas and Hope Services to provide regular cleanup of Alisal commercial corridors for an amount not to exceed $32,760.00.

City of Salinas Printed on 8/17/2023Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: AUGUST 22, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: GRANT LEONARD, PLANNING MANAGER
BY: MARIA CONTRERAS, MANAGEMENT ANALYST
TITLE: AGREEMENTS FOR SERVICES WITH DOWNTOWN STREETS,

INC AND HOPE SERVICES TO PROVIDE REGULAR CLEANUP

OF ALISAL COMMERCIAL CORRIDORS

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the City Manager to:

1) execute an Agreement for Services between the City of Salinas and Downtown Streets, Inc. to provide regular cleanup of Alisal commercial corridors in an amount not to exceed $164,920.00,
2) enter into a License Agreement with Downtown Streets, Inc., to use the rear portion of city-owned property at 282 East Alisal Street to store equipment used for the regular cleanup of Alisal commercial corridors, and
3) execute an Agreement for Services between the City of Salinas and Hope Services to provide regular cleanup of Alisal commercial corridors for an amount not to exceed $32,760.00.

EXECUTIVE SUMMARY:

A primary goal of the Alisal Vibrancy Plan (AVP) is to improve the appearance and cleanliness of Alisal commercial corridors. A specific action listed in the AVP is to establish regular, comprehensive corridor maintenance that includes greater engagement of business es, property owners, and community organizations. Through the proposed Agreements with two no n-profit organizations, Downtown Streets Team , Inc and Hope Services, organization team members (individuals transitioning from homelessness or who have developmental disabilities ) will be provided job training opportunities while improving the cleanliness and appearance of Alisal commercial areas. Scopes of work include regular trash removal services and cleaning of public infrastructure, including benches, planters, and trash enclosures within sidewalks along Alisal commercial corridors.

These Agreements are in addition to, and in support of, several initiatives the City is undertaking in partnership with community stakeholders to improve the cleanliness and appearance in the Page | 2
Alisal. Efforts include repairing and adding trash enclosures, promoting awareness of the street sweeping schedule, implementing the Alisal Ambassador Program, and engaging the community in the development of the Alisal District Identity Master Plan.

BACKGROUND:

In November 2019, the City Council unanimously accepted th e Alisal Vibrancy Plan (AVP) as a strategic planning document. The AVP is an action-oriented, comprehensive strategy for Salinas’ Alisal (East Salinas) neighborhoods. The AVP’s purpose is to communicate the collective vision, goals and desires of those who live, work, worship, and shop in the Alisal. The AVP Implementation Plan, developed in collaboration with the AVP Implementation Committee, prioritizes short-term activities to improve the cleanliness, appearance, infrastructure, and parks and open space in the Alisal, and to promote economic development of the Alisal . The City Council has appropriated a total of $5.34 million dollars in the Capital Improvement Project (CIP) Budget over fiscal years 2021, 2022 , and 2023 for immediate and short -term implementation activities.

DISCUSSION:

Agreements for Services:

Two Agreements for Services are proposed with two non-profit organizations, Downtown Streets Team, Inc and Hope Services, to improve the cleanliness and appearance of Alisal commercial areas through regularly scheduled cleanups.

Salinas Downtown Streets Team (Downtown Streets, Inc.) was launche d in 2019 and has since contributed to cleaner streets in the city with cleanup efforts focused in the Chinatown area, Downtown corridor, and Natividad Creek Park. Under their Agreement for Services, the Salinas Downtown Streets Team will expand its cleanup efforts to include the Alisal and create two new Streets Teams to assist with litter removal. The Agreement for Services with Downtown Streets Teams is provided as Attachment 3 to this staff report.

To support the expansion of services , Salinas Downtown Streets Team has requested space for a staging area for the purpose of stor ing equipment and materials in a storage shed and for Team members to meet in the morning to discuss cleanup routes. The City and Salinas Downtown Streets Team have identified the rear portion of city-owned property at 282 East Alisal Street as a location for equipment storage and team staging. Attachment 4 is the License Agreement outlining the terms and conditions to allow the use of the subject property as described above.

Hope Services o perates the C ommunity Employment Services program to promote inclusive, integrated employment opportunities for their clients with developmental disabilities through personalized training and on -the-job coaching. Under their Agreement for Services, provided as Attachment 5 to this staff report, Hope Services will provide a group of four workers and a Hope Supervisor to perform litter abatement and proper disposal and cleaning of Ci ty-owned furniture and or facilities in the public sidewalks. Hope Services does not require a staging and storage area because clients are driven to the Community Employment Services program facility, located on Page | 3
La Guardia Street, where team members are provided with supplies and materials needed for the job before being transported to the job area.

Scope of Work:

Regular cleanup of the Alisal commercial corridors is designed to meet the AVP goal of improved cleanliness by augmenting trash removal services and regular ly cleaning public infrastructure.

Under the Agreements, regular cleanup will include, but is not limited to, the following:
 Litter abatement
 Trash removal
 Syringe removal
 Cleaning of trash and recycling corrals
 Cleaning of benches and planters

Cleanup hours will vary between the two providers , but generally cleanup services will occur Monday-Friday, between 8:00 a.m. and 12:00 p.m. Streets to be covered under the Agreements include:
 Alisal Street
 Market Street
 Sanborn Road
 John Street
 Hebbron Avenue
 Other side streets that serve as connectors to the main corridors.

Maps of the service area is provided as Attachment 2 to this staff report. Cleanup coverage areas will be regularly evaluated by the City and both the Downtown Streets Team and Hope Services to ensure maximum area coverage and litter removal are achieved.

Staff recommends using both organizations for regular cleanup of the Alisal commercial corridors because both organizations strive to address integration of the unsheltered population and people with developmental disabilities and mental health needs into the workforce for the increased self- sufficiency of the participating team members while improving the cleanliness and appearance of the community.

If the Agreements are authorized, cleanup of the Alisal commercial corridors will begin as soon as the Agreements are executed. Authorizing and implementing the services under these Agreements will result in a positive impact to the Alisal and will address some of the short -term goals of the AVP Implementation Plan, demonstrating the City’s commitment to the Alisal community. The term of both agreements through June 30, 2024.

Other Cleanup and Beautification Efforts in the Alisal:

In addition to establishing regular cleanups of Alisal commercial corridors, staff is also working on the following initiatives:

1. Repair and enhanc ement of the existing trash enclosures along Alisal Street with Amor Salinas branding, which is anticipated to be completed September-October 2023. Staff are currently selecting a vendor for the branding wraps and determining what level of repairs Page | 4
are needed for the enclosures. Repairs will need to be completed prior to application of the Amor Salinas wraps.

2. Install approximately 20 new decorative trash enclosures along the East Alisal Street corridor and side streets connecting safe routes to school through the Clean California Alisal Greening, Beautification, and Safety Project (CIP 9345). Completion of this Clean California Project is anticipated by June 30, 2024.

3. Build corridor maintenance capacity working with the community and business organizations through the Alisal Ambassador Program. The Ambassador program engages and organizes businesses, community organizations, and residents to conduct cleanups in the Alisal. The Ambassador Program was launched March 2023, and three cleanups ha ve been organized to date, with the next event planned for August 19, 2023, in coordination with SUBA, and Amor Salinas.

4. Increased public education efforts about the importance of street sweeping and trash pickup to address gaps or areas for improvement. This is a multi-department collaboration between Public Works, Community Development, and Community Relations. Internal coordination conversations began this summer with plans to engage the Alisal community in fall 2023.

5. Development of the Alisal District branding and graphics identity are currently underway through the Alisal District Identity Master Plan development. District Identity branding will promote the culture, art, identity, and history of the Alisal Community through context and place-sensitive design, as well as promoting the Alisal as a shopping destination. Staff is currently conducting a community opinion survey about draft branding concepts, as well as inviting the public to submit their own ideas for color palettes, fonts, and images that can be used for the identity branding. A community engagement day workshop is planned for late September or early October. Details about the plan and the link the survey are available on the Advanced Planning and Project Implementation page on the City’s website and by clicking here.

CEQA CONSIDERATION:

The City of Salinas has determined that the Agreements for Services are not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378) because the matter does not cause a direct or foreseeable indirect physical change on or in the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

STRATEGIC PLAN INITIATIVE:

The proposed Agreement further the City Council’s Strategic Plan Initiatives of Economic Development and Infrastructure and Environmental Sustainability by advancing the AVP implementation related to cleanliness and improving the appearance of Alisal commercial corridors.

Page | 5
DEPARTMENTAL COORDINATION:

The Community Development Department led the preparation of this item including the development of the scopes of work and coordination with Legal to prepare the proposed Agreements for Services.

FISCAL AND SUSTAINABILITY IMPACT:

There is no direct impact to the General Fund. The total not to exceed amount of the Agreements is $197,680.00. The Agreement with Downtown Streets , Inc is for a not to exceed amount of $164,920.00 and total compensation under the Hope Services Agreement is not to exceed $32,760.00. The funding source for b oth agreements is the Alisal Vibrancy Plan Capital Improvement Program (CIP) 9246.

ATTACHMENTS:

Attachment 1: Resolution
Attachment 2: Coverage Area Maps for Regular Cleanup of the Alisal Commercial Corridors Attachment 3: Agreement for Services between the City and Downtown Streets, Inc.

Attachment 4: License Agreement between the City and Downtown Streets, Inc.

Attachment 5: Agreement for Services between the City and Hope Services

Page | 1

RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS FOR

SERVICES BETWEEN THE CITY AND DOWNTOWN STREETS, INC AND HOPE

SERVICE TO PROVIDE REGULAR CLEANUP OF ALISAL COMMERCIAL

CORRIDORS

WHEREAS, City Council has appropriated a total of $5.34 million dollars in the Capital Improvement Project (CIP) Budget over fiscal years 2021, 2022, and 2023 for immediate and short-term implementation activitie s identified in Alisal Vibrancy Implementation Plan f ocused on the appearance, cleanliness, and safety of the Alisal; and

WHEREAS, a specific action listed in the Alisal Vibrancy Plan ( AVP) is to establish regular, comprehensive corridor maintenance that includes greater engagement of businesses, property owners, and community organizations to improve the appearance and cleanliness of the Alisal’s commercial corridors; and

WHEREAS, the proposed Agreements for Services (Agreements) for regular cleanup of the Alisal commercial corridors will meet the AVP’s goal for improving cleanliness and appearance by augmenting trash removal services and regular ly cleaning trash and recycling corrals, benches and planters; and

WHEREAS, through these Agreements, Downtown Streets Team and Hope Services organization team members (individuals transitioning from homelessness or who have developmental disabilities) will be provided job training opportunities while cleaning and enhancing the Alisal community appearance; and

WHEREAS, the Salinas Downtown Streets Team (Downtown Streets, Inc.) was launched in 2019 and has since contributed to cleaner streets in the city with cleanup efforts, and under its Agreement will now expand its cleanup efforts in the Alisal to create two new Teams to assist with litter removal; and

WHEREAS, a License Agreement for use of a portion of the property at 282 East Alisal Street is necessary for Alisal Downtown Streets Team members to meet and discuss daily cleanup routes as well as store needed cleanup supplies, tools, and equipment; and

WHEREAS, under its Agreement, Hope Services will provide a group of four workers with a Hope Supervisor to perform litter abatement and proper disposal, and cleaning of City - owned furniture and or facilities in the public sidewalks; and

WHEREAS, the proposed Program is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378), and

NOW, THEREFORE, BE IT RESOLVED:

The Salinas City Council hereby authorizes the City Manager to:

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1) execute an Agreement for Services between the City of Salinas and Downtown Streets, Inc. to provide regular cleanup of Alisal commercial corridors in an amount not to exceed $164,920.00,
2) enter into a License Agreement with Downtown Streets, Inc., to use the rear portion of city-owned property at 282 East Alisal Street to store equipment used for the regular cleanup of Alisal commercial corridors, and
3) execute an Agreement for Services between the City of Salinas and Hope Services to provide regular cleanup of Alisal commercial corridors for an amount not to exceed $32,760.00.

PASSED AND APPROVED this 22nd day of August 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

_______________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

ALISAL DST TEAM 1 – CLEANUP COVERAGE MAP
 ALISAL ST (285 E ALISAL ST TO EAST END OF HIGHWAY 101 UNDERPASS)  COMMISSION ST
 GRIFFIN ST (JOHN ST TO MARKET ST)
 MARKET ST (SHERWOOD DR TO EAST END OF HIGHWAY 101 UNDERPASS)  RIANDA ST
 WORK ST (JOHN ST TO ALISAL ST)

ALISAL DST TEAM 2 – CLEANUP COVERAGE MAP
 ALISAL ST (EAST END OF HIGHWAY 101 UNDERPASS TO HEBBRON AVE)  JOHN ST (EAST END OF HIGHWAY 101 OVERPASS TO WOOD ST)  KERN ST (ALISAL ST TO MARKET ST)
 MADEIRA AVE (NORTH+SOUTH OF ALISAL ST)
 MADEIRA AVE (NORTH OF MARKET ST)
 MARKET ST (EAST END OF HIGHWAY 101 UNDERPASS TO HEBBRON AVE)  PEARL ST (ALISAL ST TO TERMINUS OF S. PEARL ST)
 ROOSEVELT ST (KERN ST TO PEART ST)
 WOOD ST (JOHN ST TO ROOSEVELT ST)

Agreement for Services v. November 2022 Page 1 of 14
Downtown Streets, Inc.

August 2023

AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND DOWNTOWN STREETS, INC.
for
Alisal Commercial Corridor Cleanup

THIS AGREEMENT is executed this 22nd day of August 2023, (“Agreement” or “Contract”) between the City of Salinas , a California Charter city and municipal corpora tion (hereinafter “City”) and Downtown Streets, Inc., a California non-profit corporation (hereinafter “Contractor”).

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, routine cleanup in the Alisal area, as described in Attachment B.

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

3. Term. The work under this Agreement shall commence August 22, 2023, and shall be completed by June 30, 2024, unless City grants a written extension of time as set forth in Section 2 above.

4. Payment. City agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, a not to exceed amount of one hundred and sixty -four thousand and nine hundred and twenty Dollars ($ 164,920.00), as more fully described in Attachment B. Contractor has no right of reimbursement for expenses under this Agreement.

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

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

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

7. Indemnification. Contractor shall hold harmless, defend at its own expense , and indemnify City and its officers, officials, employees, agents, and volunteers from and against all liability, claims, damages, losses, and/or expenses including reasonable City attorney fees arising from all acts or omissions of Contractor or its officers, agents, or employees arising out of the Agreement for Services v. November 2022 Page 2 of 14
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August 2023

performance of the work under this Contract, caused in whole or in part by any negligent act or omission of the Con tractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of the City.

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

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

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

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

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

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

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

15. Laws. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.

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

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August 2023

CITY OF SALINAS

__________________________________
Steven S. Carrigan
City Manager

APPROVED AS TO FORM:

_________________________________
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney

CONTRACTOR

DOWNTOWN STREETS, INC.

___________________________________
Jim Rettew, Interim CEO

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Downtown Streets, Inc.

August 2023

Attachment A

Insurance Requirements

Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her/its officers, agents, representatives, employees, and/or subcontractors.

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

1. Commercial General Liability (“CGL”): Insurance Services Office ( “ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operat ions, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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

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

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

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

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Contractor shall cause the insurer shall to reduce or eliminate such self -insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteein g payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.

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

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf Agreement for Services v. November 2022 Page 5 of 14
Downtown Streets, Inc.

August 2023

of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

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

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

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

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

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

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

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Maintenance of Insurance
Maintenance of insurance by Con tractor as specified shall in no way be interpreted as relieving Agreement for Services v. November 2022 Page 6 of 14
Downtown Streets, Inc.

August 2023

Contractor of its indemnification obligations or any responsibility whatsoever and the Con tractor may carry, at its own expense, such additional insurance as it deems necessary.

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

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August 2023

Attachment B

(See Attached DST-Salinas Alisal Proposal)
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Downtown Streets, Inc.

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Downtown Streets, Inc.

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Downtown Streets, Inc.

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DST-Salinas Alisal Proposal

Who: Downtown Streets Team (DST) is a volunteer work-experience program in which Team Members (those experiencing
homelessness) beautify their community in
exchange for comprehensive case
management services, employment
services, and basic needs stipends.

Through their volunteer work, Team
Members rebuild effective work habits, take
on leadership opportunities, further their
education and ready themselves to re-enter
the workforce through the support of a
positive community. Team Members earn
valuable work-experience skills while giving
back to their city. It’s a win for the
community, a win for the environment, and a
win for the increased self-sufficiency of our
Team Members.

To date, Downtown Streets Team has exceeded over 1,500 individuals’ successes! The agency as a whole have placed over 900 individuals into employment (lasting over 90 days) and over 950 individuals placed into permanent housing. One person at a time, DST is ending homelessness through the dignity of work.

DST-Salinas has collected 2,368,239 gallons of debris, 236,373 cigarette butts and safely removed 9,739 needles. We have removed over 1863 barriers impeding Team Member goal achievement with 24 individuals into employment (lasting at least 90 days) and 24 into permanent housing.

DST project is a “gateway program” for those
living on the street who have lost hope and
motivation. We provide an individualized
approach to employment, housing, and barrier
removal for each Team Member. Our goal is
to change the perception of homelessness in
each community we work.

What: With the City’s partnership, DST will specifically use funds to create 2 new Teams of 4-6 volunteers each to assist with debris removal, syringe removal, and
maintenance of the designated areas in the Alisal
neighborhood. Team Members will act as ambassadors
with current residents and business owners in the area to build awareness about our program and to show community members the value of DST. DST Case Managers will
provide work readiness training, Case Management and
Employment Services to all Team Members. As with every
other Downtown Streets Team, the staff will work with
existing housing and shelter providers, service providers (medical, legal, etc.), and local government agencies to remove barriers to self-sufficiency for every Team Member.

We consider ourselves professional problem solvers
working to support Team Members in achieving any goals
they set for themselves.

Downtown Streets Team has proven to contribute to the
local community in the following ways:
§ Cleaner/safer streets, communities, encampments
and natural environments
§ A cost-effective solution to homelessness with savings to local government § An individualized case management model and gateway program for the “service resistant” § Immediate results
§ An intervention with positive behavioral changes
§ A highly visible model which provides good PR for the unhoused community and project partners
When: DST staff work Monday through Friday (40 hours per week) for 49 weeks per year. DST Team Members volunteer Monday-Friday (maximum 4 hours per shift) and follow the same holiday schedule as DST staff. A list of the holidays can be provided to our partners annually.

Alisal Team 1 Schedule

Monday

Tuesday

Wednesday

Thursday

Friday

8am-12pm

8am-12pm

8am-12pm

8am-12pm

8am-12pm

Alisal Team 2 Schedule

Monday

Tuesday

Wednesday

Thursday

Friday

8am-12pm

8am-12pm

8am-12pm

8am-12pm

8am-12pm

DST Team Members do not volunteer in inclement weather (heat, cold, or rain) due to the increased health risks. Without stable housing, those experiencing homelessness are more prone to illness

since it’s more difficult to stay warm and keep their clothing dry. Team Members receive their stipends at the weekly Success Meetings with supportive service staff, attending interviews, trainings and other employment readiness activities. DST-Salinas holds their weekly Success Meetings on Wednesdays at 12:30PM at the Women’s Club (215 Lincoln Ave Salinas, CA).

Where: The full map of all DST-Salinas routes can be found using this link. The images provided below represent the route that will be covered by both Alisal Teams.

Alisal Team 1:

Alisal Team 2:

ALISAL DST TEAM 1 – CLEANUP COVERAGE MAP
 ALISAL ST (285 E ALISAL ST TO EAST END OF HIGHWAY 101 UNDERPASS)  COMMISSION ST
 GRIFFIN ST (JOHN ST TO MARKET ST)
 MARKET ST (SHERWOOD DR TO EAST END OF HIGHWAY 101 UNDERPASS)  RIANDA ST
 WORK ST (JOHN ST TO ALISAL ST)

ALISAL DST TEAM 2 – CLEANUP COVERAGE MAP
 ALISAL ST (EAST END OF HIGHWAY 101 UNDERPASS TO HEBBRON AVE)  JOHN ST (EAST END OF HIGHWAY 101 OVERPASS TO WOOD ST)  KERN ST (ALISAL ST TO MARKET ST)
 MADEIRA AVE (NORTH+SOUTH OF ALISAL ST)
 MADEIRA AVE (NORTH OF MARKET ST)
 MARKET ST (EAST END OF HIGHWAY 101 UNDERPASS TO HEBBRON AVE)  PEARL ST (ALISAL ST TO TERMINUS OF S. PEARL ST)
 ROOSEVELT ST (KERN ST TO PEART ST)
 WOOD ST (JOHN ST TO ROOSEVELT ST)

Impact and Methodology : This project will utilize DST’s custom data impact system to measure human service results. This new system utilizes Clarity software, the industry leader in Homeless Management Information Systems (HMIS), which can integrate into existing HMIS data systems in Salinas. Furthermore, user data will be collected twice annually through an anonymous and optional feedback survey. The survey also captures qualitative data such as improved health, increased dignity and more positive interactions with the criminal justice system.

DST is committed to achieving the following outcomes throughout the duration of the annual contract tied to the two Alisal Teams. These metrics were determined with the same methodology as the other two contracts that DST has with the City of Salinas. The metrics below are in proportion to the funding provided by the contract as compared to the other two contracts.

Proposed Outcomes:
• Serve 10 unduplicated individuals
• Transitioning 2 individuals into employment lasting at least 90 days or job currently held at the time of the final report
• Placing 5 individuals into permanent housing
• 300 Cubic Yards of debris removed by each Team (600Cubic Yards Total) • 500 syringes removed
• 30 Barriers removed

Budget:

The largest expenses reflected above are for staffing and basic needs stipends, which are used to incentivize Team Members and help them transition out of survival mode into goal-setting mode.

Staffing costs are higher than originally projected because we need to hire a part-time driver to make the dump runs for both Alisal Teams. We will be providing comprehensive case management services to the Team Members on the Alisal Teams and we need to cover a portion of the salaries of our direct service staff.

We have included a line item to reflect associated hiring costs such as benefits, payroll taxes and workers compensation. Communications covers a phone for the staff member, Computer Equipment covers the computer for staff member, and Mileage covers transporting clients, driving to-and- from landlord outreach, and other local travel. All other line items are essential expenses for the successful execution of this program. “G&A, Management, Legal” is adjusted to meet the ESG required 10% and will cover accounting, legal expenses, program support, and other critical back-end functions essential to the smooth execution of this program.

This proposal is meant to act as the continuation of our expansion conversation. All matters of project area, schedule, days and hours volunteered, number of Team Members, etc. can be adjusted to meet priorities identified. We welcome any opportunity to discuss this project in greater detail.

Thank you!

Jocelyn Curran
Director, Monterey County & Santa Cruz County
Phone: (831) 713-3708
[email protected]

City of Salinas/Downtown Streets, Inc. Page 1 of 8
License Agreement
August 2023

LICENSE AGREEMENT

A Portion of 282 East Alisal Street, Salinas, California

This License Agreement is made and entered into this 22nd day of August 2023, by and between the City of Salinas, a California charter city and municipal corporation hereinafter called "the City," and Downtown Streets, Inc, a California non-profit corporation hereinafter called “ Downtown Streets, Inc. ” The City and Downtown Streets, Inc., may collectively be referred to herein as “the Parties.”

RECITALS
WHEREAS, the City is the owner of that real property located at 282 East Alisal Street, in the city of Salinas, California, County of Monterey, (Assessor’s Parcel Number 003-041-031-000) (hereinafter the “Property”); and
WHEREAS, the City is currently leasing a portion of the Property (approximately 0.7 acres in size), occupied by an existing self-service car and pet wash “the Premises”, said Premises being the entirety of the Property ex cept for the westernmost 30 feet, which is occupied by a right -of-way, as more particularly described in Exhibit C; and
WHEREAS, Downtown Streets, Inc., has requested space for a staging area for the purpose of storage of equipment and materials in a storage shed, and for the Alisal Downtown Streets Team members to convene and discuss cleanup routes and logistics as well as to get the equipment needed for the cleanup efforts; and WHEREAS, City has identified space on the property owned by the city and located at 282 East Alisal Street of which the City will make a portion available to Downtown Streets, Inc., for the purposes described above; and
WHEREAS, the current Lessee has granted the City permission to License approximately 450 s.f. of space to Downtown Streets, Inc., who is entering into a contract for services concurrently on August 22, 2023, pursuant to which Downtown Streets, Inc., will perform the Alisal Commercial Corridor Cleanup Program services as part of the Alisal Vibrancy Plan (Capital Improvement Project No. 9426); and NOW THEREFORE, this License Agreement is entered into upon the following terms and conditions:

TERMS

1. Grant of License. The City hereby grants to Downtown Streets, Inc., an exclusive, temporary, and revocable License to use approximately 450 square feet of Licensed Space located at 282 East Alisal Street, as more particularly described in the attached “Exhibit A” (the “Licensed Space”) for the term set forth in section 3.

2. Purpose of License; Use of Licensed Space. The sole purpose of this License Agreement is to allow temporary storage and movement to and from the Licensed Space of equipment and materials, in support of Downtown Streets, Inc. ’s Alisal Commercial Corri dor Cleanup Program services under Capital Improvement Project No. 9426. Access to and use of the Licensed Space shall be put to no other use by Downtown Streets, Inc., or any of its subcontractors, sublicensees, officers, employees, agents, or representatives or any of their officers, employees, agents, or representatives. Neither Downtown Streets, Inc., nor any of its subcontractors, sublicensees, officers, employees, agents, or representatives nor any of their officers, employees, agents or representatives shall use the Licensed Space other than in a careful and proper City of Salinas/Downtown Streets, Inc. Page 2 of 8
License Agreement
August 2023
manner and will adequately maintain the Licensed Space and all improvements thereon (if any) in the same physical condition as of the Commencement Date as defined below, making any and all replacements and repairs necessary during the term of this License to keep the Licensed Space in the same physical condition as of the Commencement Date; subject however, to normal wear and tear and as may be otherwise stipulated in this agreement. Downtown Streets, Inc., covenants and agrees that it shall never at any time suffer, permit, or allow any nuisance to be maintained upon all or any part of the Licensed Spac e nor any mechanic's, materialmen's, or laborer's liens to attach to said property.

3. Term. The term of this License Agreement for the use of the Licensed Space shall commence on August 8, 2023 (the “Commencement Date”) and expire on June 30, 2024 (the Termination Date”). Downtown Streets, Inc., shall have the option to extend this License Agreement by an additional one month, to July 31, 2024, by providing written notice to the City at three (3) days prior to the expiration date. This License Agreement may only be further extended upon the express written consent of the City.

Upon the expiration or the earlier termination of this License, Downtown Streets, Inc., shall peaceably vacate the Licensed Space and any and all improvements located thereon and deliver the same to the City in at least as good a condition as it was delivered to Downtown Streets, Inc., on the Commencement Date, reasonable wear and tear and casualty excepted.

4. License Fee. Downtown Streets, Inc., may utilize the Licensed Space free of charge beginning on the Commencement Date and continuing through the Termination Date . This Licensed Space is integral for the new Alisal Downtown Streets Teams as part of the Alisal Commercial Corridor Cleanup Program to provide a closer location for the voluntary participation of team members (experiencing homelessness) to convene and discuss cleanup routes and logistics as well as to get the equipment needed for the cleanup efforts.

5. Condition of Licensed Space. The Licensed Space is Licensed to Downtown Streets, Inc., on an “As- Is” basis and the City has no obligation for maintenance, repair, improvement, or alteration of or to the properties either during the term of this License Agr eement. Except as otherwise set forth in this License Agreement, Downtown Streets, Inc., is not required to repair any pre -existing conditions on the Licensed Space. Notwithstanding the preceding, Downtown Streets Inc. ’s inspection of the Licensed Space ha s been limited to a visual inspection of the surface conditions. Consequently, Downtown Streets Inc.’s acceptance of the Licensed Space is limited to the surface conditions and Downtown Streets, Inc., is not responsible for sub- surface conditions of the Licensed Space. The City may access the Licensed Space for general maintenance, if deliberately unattended by Downtown Streets, Inc.

6. Structures. No structures, other than the approved storage shed for the Alisal Cleanup Program, shall be placed on or constructed upon the Licensed Space, except as otherwise authorized in advance and in writing by the City. As used in this paragraph, “structures” shall not be construed to mean the equipment (including incidental equipment) necessary to perform any of the authorized uses of the Licensed Space.

7. Laws and Ordinances. Downtown Street, Inc., shall comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal relating to Downtown Streets, Inc. ’s use and occupancy of the Licensed Space whether those statutes, ordi nances, regulations, and requirements are now in force or are subsequently enacted.

8. Assessments. This License may create a taxable possessory interest, together with any other taxes or assessments imposed against Downtown Streets, Inc., or the activities of Downtown Streets, Inc., shall be paid by Downtown Streets, Inc., before they become delinquent.

City of Salinas/Downtown Streets, Inc. Page 3 of 8
License Agreement
August 2023

9. Utilities. This License does not include the furnishing of gas, water, electricity, telephone service, garbage pickup and disposal, and other public utilities to the Licensed Space during the term of this License.

10. Indemnification. Downtown Streets, Inc., shall indemnify, defend, and hold the City and its officers, employees, agents, and representatives harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to any property, or violation of any relevant federal, state or municipal law or ordinance, or other cause in connection with the City’s grant of this License and Downtown Streets, Inc., and any of its sublicensees, officers, employees, agents or representatives’ use or occupancy of the Licensed Space pursuant to such License, except for any such claim arising from the acts, omissions, comparative negligence, or willful misconduct of the City, its officers, employees, agents or representatives. 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 and shall survive the expiration or the earlier termination of this License Agreement.

11. Insurance. Downtown Streets, Inc., shall maintain, at its own cost an expense, the insurance specified in Attachment B.

12. Hazardous Substances. Downtown Streets, Inc., shall not use any portion of the Licensed Space for the storage or use of flammable or hazardous substances or underground storage tanks. Downtown Streets, Inc., shall be s olely responsible for the cleanu p and remediation of any spill or discharge or any hazardous substances including, but not limited to, gasoline, diesel and oil from such vehicles and equipment. As required by law, Downtown Streets, Inc. shall immediately notify the City in writing of any material release of hazardous substances and of any hazardous substances that have come to be located on or beneath the Licensed Space.

12. Removal of Personal Property ; Restoration of Licensed Space. At the expiration or the earlier termination of this License Agreement, Downtown Streets, Inc., shall at its sole cost and expense remove all items of personal property and all improvements placed upon the Licensed Space and shall surrender the Licensed Space at termination of the License in as good order, state, and condition as the same shall be on the Commencement Date, except as related to ordinary wear and tear thereof and damage by fire, the elements, and acts of God.

13. Assignment and Subletting. Downtown Streets, Inc., shall not encumber, assign, or otherwise transfer this License, any right or interest in this License, or any right or interest in the Licensed Space or any improvements that may now or hereafter be constructed or installed on the Licensed Space to any other person or entity without first obtaining the express written consent of the City.

14. Termination. Either Party may terminate this License Agreement for any reason or no reason by giving written notice of termination to the other Party no less than three (3) days in advance of the intended date of such termina tion. Any property remaining on the site following this time shall be deemed to be abandoned and the City may take possession or dispose of said property as it deems appropriate. Under no circumstance shall Downtown Streets, Inc., be eligible for any reimbursement or refund of already performed services or paid License Fees.

15. Successors and Assigns. Except as otherwise provided for herein, the parties expressly agree that, subject to the terms of this License, all terms and conditions of this License shall extend to and be binding upon or inure to the benefit of the heirs, executors, administrators, personal representative, assigns and successors in interest of both the respective parties hereto.

City of Salinas/Downtown Streets, Inc. Page 4 of 8
License Agreement
August 2023

16. Non-Discrimination in Use and Availability. Downtown Streets, Inc., shall not discriminate on the basis of a person’s place of residence, their race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any participant in, recipient of, or applicant for any services or programs provided by at the Licensed Space. Downtown Streets, Inc., shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and non-discrimination in the provision of any services or programs offered at the Licensed Space.

17. Accident Reports . Downtown Streets, Inc., shall immediately report to the City in writing any accident causing or reasonably estimated to have caused more than one thousand dollars ($1,000) worth of property damage or any serious injury to person or to property that occurs on or in connection with the Licensed Space. This written report shall contain the names and addresses of the parties involved, a statement of the circumstances, the date and the hour, the names and the addresses of any witnesses, and any other pertinent information.

18. Notices.

City of Salinas
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

Downtown Streets, Inc.

Eileen Richardson, President & CEO?
Address
City, State, Zip Code

[SIGNATURES APPEAR ON FOLLOWING PAGE]

City of Salinas/Downtown Streets, Inc. Page 5 of 8
License Agreement
August 2023

IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed as of the date first written above.

CITY OF SALINAS DOWNTOWN STREETS, INC.

____________________________ ________________________________ Steven S. Carrigan Jim Rettew
City Manager Interim CEO

APPROVED AS TO FORM:

____________________________
Christopher A. Callihan
City Attorney

City of Salinas/Downtown Streets, Inc. Page 6 of 8
License Agreement
August 2023
Exhibit A

The Licensed Space is approximately 450 square feet, a portion of the property at 282 East Alisal Street, Monterey County Assessor’s Parcel Number (APN) 003-041-031-000 (the “Property”) A map showing the approximate boundaries of the Licensed Space is below – in the event of a conflict between the text and the map, the text shall control.

Use of the licensed space shall not to impede access to the existing waste bin for the collection of garbage.

City of Salinas/Downtown Streets, Inc. Page 7 of 8
License Agreement
August 2023

Exhibit B

INSURANCE REQUIREMENTS
BES shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the clearing of the Licensed Space and Subcontractor’s permitted use of the Licensed Space as provided in the License.

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

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if BES has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of Cal ifornia, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Property insurance: against all risks of loss to any of BES’s personal property, improvements, or betterments at full replacement cost with no coinsurance penalty provision.

If BES maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by BES. 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: N/A Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy. Additional insured status can be provided in the form of an endorsement to BES’s insurance (at least as broad as both ISO forms CG 20 10 and CG 20 37).

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

City of Salinas/Downtown Streets, Inc. Page 8 of 8
License Agreement
August 2023

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

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

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. 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. BES shall have the right to self -insure with respect to the insurance requirements required under this Agreement.

BES’s self-insurance program is in full force and effect a nd in compliance with and subject to all the terms, agreements, covenants, conditions, and provisions of this agreement.

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.

Verification of Coverage
BES shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language effecting coverage required by this clause. 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 BES’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies (except that information proprietary to BES may be redacted), including endorsements required by this Exhibit B during the term of the License.

Agreement for Services v. November 2022 Page 1 of 10
Hope Services
August 2023

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF SALINAS AND HOPE SERVICES

Alisal Cleanup Program

THIS AGREEMENT is executed this 22nd day of August 2023, (“Agreement” or “Contract”) between the City of Salinas , a California Charter city and municipal corpora tion (hereinafter “City”) and Hope Services , a California non-profit corporation (hereinafter “Contractor”).

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, cleanup programming in the Alisal areas, as described in Attachment B.

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

3. Term. The work under this Agreement shall commence August 22, 2023, and shall be completed by June 30, 2024, unless City grants a written extension of time as set forth in Section 2 above.

4. Payment. City agrees to pay, and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, a not to exceed amount of thirty-two thousand, seven hundred and sixty Dollars ($32,760.00), as more fully described in Attachment B. Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall b e contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

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

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

7. Indemnification. Contractor shall hold harmless, defend at its own expense , and indemnify City and its officers, officials, employees, agents, and volunteers from and against all liability, claims, damages, losses, and/or expenses including reasonable City attorney fees arising from all acts or omissions of Contractor or its officers, agents, or employees arising out of the Agreement for Services v. November 2022 Page 2 of 10
Hope Services
August 2023

performance of the work under this Contract, caused in whole or in part by any negligent act or omission of the Con tractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of the City.

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

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

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

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

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

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

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

15. Laws. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.

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

CITY OF SALINAS

__________________________________
Steven S. Carrigan
City Manager
Agreement for Services v. November 2022 Page 3 of 10
Hope Services
August 2023

APPROVED AS TO FORM:

_________________________________
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney

CONTRACTOR

HOPE SERVICES

_________________________________
Clayton Ng, CFO

Agreement for Services v. November 2022 Page 4 of 10
Hope Services
August 2023

Attachment A

Insurance Requirements

Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her/its officers, agents, representatives, employees, and/or subcontractors.

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

1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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

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

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

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

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

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

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by Agreement for Services v. November 2022 Page 5 of 10
Hope Services
August 2023

or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

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

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

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

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

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

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

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Agreement for Services v. November 2022 Page 6 of 10
Hope Services
August 2023

Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor may carry, at its own expense, such additional insurance as it deems necessary.

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

Agreement for Services v. November 2022 Page 7 of 10
Hope Services
August 2023

Attachment B

(See Attached Hope Services Contingent Staffing Service Agreement) Agreement for Services v. November 2022 Page 8 of 10
Hope Services
August 2023

Agreement for Services v. November 2022 Page 9 of 10
Hope Services
August 2023

Agreement for Services v. November 2022 Page 10 of 10
Hope Services
August 2023

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-463, Version: 1
Master Services Agreements for On-Call Class A Contractors Approve a Resolution approving Master Services Agreements with A. Teichert & Sons, Inc., Coastal Paving & Excavating, Inc., Grade Break Engineering, Inc., Granite Construction Company, and Granite Rock Company to provide on-call Class A contracting services related to construction of various City of Salinas Public Works Capital Improvement Program (CIP) projects, and emergency work.

City of Salinas Printed on 8/17/2023Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: AUGUST 22, 2023
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, P.E., L.S., DIRECTOR
BY: ELISE RAMIREZ, P.E., SENIOR CIVIL ENGINEER

JOSIE LANTACA, ASSISTANT ENGINEER

TITLE: MASTER SERVICES AGREEMENTS FOR ON-CALL CLASS A

CONTRACTORS

RECOMMENDED MOTION:

A motion to a pprove a Resolution approving Master Services Agreements with A. Teichert & Sons, Inc., Coastal Paving & Excavating , Inc. ; Grade Break Engineering, Inc.; Granite Construction Company ; and Granite Rock Company to provide on-call Class A contracting services related to construction of various City of Salinas Public Works Projects, and emergency work.

BACKGROUND:

Public Works oftentimes require the services of Class A contractors to perform construction work for various public works projects including, but not limited to pavement rehabilitation and roadway resurfacing, sanitary sewer and storm drain line replacement and repair, sidewalk improvements, traffic and transportation projects, arterial median landscape improvements, and emergency work.

To facilitate the efficient completion of these projects in the timeliest manner possible, there is a need to have On-Call Class A Contractors’ contracts (Master Services Agreements) in place for construction work.

Work shall be done in accordance with applicable City Standard Plans, Caltrans Standards, CA- MUTCD, project Plans and Specifications , or at the direction of the City Engineer. For routine projects, the contractor will be asked to submit a proposal for a defined scope of work on an individual project or attend a project scope meeting to determine which contractor would best qualify for the specific project.

A request for qualifications (RFQ) for interested On-Call Class A Contractors was advertised in May 2023 through PlanetBids, and submittals were received from five contractors. The contractors submitting qualification statements were:
 A. Teichert & Sons, Inc. (Pleasanton, CA)
 Coastal Paving & Excavating, Inc. (Monterey, CA)
 Grade Break Engineering, Inc. (Salinas, CA)
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 Granite Construction Company (Watsonville, CA)
 Granite Rock Company (Watsonville, CA)

The submittals were reviewed based on the selection criteria listed in the RFQ document that included:
a) Firm Profile
b) Project Team
c) Relevant Project Experience
d) Specific Management Approach
e) References
f) Local Purchasing Preference (+10% of total earned points)

Based on these criteria, the review panel comprising of City staff selected all five contractors to provide On-Call Class A contract or services on an on -going basis for a five -year period under a Master Services Agreement between the City and each of the five contractors. 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. Con tractors will be awarded projects based on a request for proposal process amongst these on-call contractors.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that th e 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 poten tial 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 do es 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.

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FISCAL AND SUSTAINABILITY IMPACT:

There is no immediate fiscal impact associated with the approval of the Master Services Agreements. Costs associated with the contractors’ services will be realized on a project basis and compensated using appropriate funds based on the project.

ATTACHMENTS:

Resolution
A. Teichert & Sons, Inc. Master Service Agreement
Coastal Paving & Excavating, Inc. Master Service Agreement Grade Break Engineering, Inc. Master Service Agreement
Granite Construction Company Master Service Agreement
Granite Rock Company Master Service Agreement

RESOLUTION NO. _______ (N.C.S)

A RESOLUTION APPROVING MASTER SERVICE AGREEMENTS BETWEEN THE CITY OF SALINAS AND A. TEICHERT & SONS, INC.; COASTAL PAVING & EXCAVATING, INC.; GRADE BREAK ENGINEERING, INC.; GRANITE CONSTRUCTION COMPANY; AND GRANITE ROCK COMPANY FOR

ON-CALL CLASS A CONTRACTOR SERVICES

WHEREAS, the Public Works d epartment has i dentified the n eed to u tilize on-call contractors to perform construction work for various public works projects including, but not limited to pavement rehabilitation and roadway resurfacing, sanitary sewer and storm drain line replacement and repair , sidewalk improvement s, traf fic and transportation projects, arterial median landscape improvements, and emergency work; and

WHEREAS, in May 2023, the City of Salinas engaged in a Request for Qualifications (RFQ) process to identify contractors with the requisite qualifications to provide on-call Class A contractor services; and

WHEREAS, on July 12 , 2023, Public Works staff received five (5) statements of qualifications (SOQ) from contractors; and

WHEREAS, an evaluation committee consisting of Public Works staff reviewed each SOQ and selected all five (5) contractors based on the criteria set forth in the Request for Qualifications; and

WHEREAS, the award of projects to the selected Class A contractors will be based on an additional Request for Proposal, and 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 A. Teichert & Sons, Inc.; Coastal Paving & Excavating, Inc.; Grade Break Engineering, Inc.; Granite Construction Company; and Granite Rock Company to provide On-Call Class A Contractor Services related to construction of various City of Salinas public works Capital Improvement Program projects, and emergency work; 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 their designee is hereby authorized to approve the Contractor's on-going performance of services without the need for subsequent Service Agreements provided the Contractor 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 22nd day of August 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Kimbley Craig, Mayor

ATTEST:

Patricia M. Barajas, City Clerk

ATS Corporate Resolution January 25, 2023 NOT DATED

A. TEICHERT & SON, INC., 3500 American River Drive, Sacramento, California 95864

I, PAULA D. JAMES, Secretary of A. TEICHERT & SON, INC., a California Corporation, which does business under the fictitious names of TEICHERT CONSTRUCTION, TEICHERT MATERIALS, TEICHERT AGGREGATES, TEICHERT ROCK PRODUCTS, and TEICHERT WATERWORK SERVICES , as well as under its own name, certify that the following is a true and correct copy of a resolution unanimously passed and adopted by the Board of Directors of this corporation at a meeting held on January 25, 2023:

RESOLVED, That
MARY T. TEICHERT President
and RONALD L. GATTO Executive Vice President, Chief Financial Officer & Assistant Secretary
and PAULA D. JAMES Secretary

any two of whom acting in combination, are authorized on behalf of this corporation and in its name or in any of the fictitious names unde r which this corporation does business, to sign, seal, acknowledge, verify and deliver deeds, deeds of trust, mortgages, pledges, transfers, promissory notes, and any other documents and instruments relating to the business and properties, real and personal, of this corporation;

RESOLVED FURTHER, That the following officers of this corporation:

Mary T. Teichert President
Ronald L. Gatto Executive Vice President, Chief Financial Officer & Assistant Secretary
A. Ed Herrnberger Senior Vice President & President – Teichert Construction Christopher C. Barkley Vice President & Director Field Operations Scott R. Lewis Vice President & Construction General Manager Terrence M. McNamara Vice President Mobile Equipment
Mark A. Nilsen Vice President & Regional Manager, Central Valley Janez Seliskar Vice President Public Procurement
Paula D. James Secretary

are authorized, acting alone or in any combination, on behalf of this corporation and in its name or in any of the fictitious names under which this corporation does business, to execute and deliver proposals, bids, bonds, contracts, and agreements for construction work; and to do all other acts of a business nature that thi s corporation is empowered to do by law;

RESOLVED FURTHER, That the following employees of this corporation:

Wee Chu Senior Estimator, North Region
Rick Czuleger Public Works Senior Estimator
Kevin Delaney Area Manager, Bay Area Region
Jeff Feusi Chief Estimator, North Region
Jim Gallagher Regional Manager, Bay Area Region
Russ Hague Chief Estimator, Bay Area Region
William Martin Chief Estimator, North Region Public Works Stephen Muck General Underground Superintendent, North Region Tom Musson Chief Estimator, Central Valley Region
Raul Ortiz Area Manager, Central Valley Region
Bryan Ramirez Area Manager, North Region - Woodland
Nathan Rinaldi Director of Alternative Procurement
Alexander Salcedo Area Manager, South Valley Region
Cale Sherman Project Executive, North Region
Mike Stephenson Chief Estimator, Central Valley Region Jason Theriault Chief Estimator, Bay Area Region
Danny Warren Area Manager, North Region - Lincoln

are designated as attorneys in fact of this corporation with full authority to execute proposals, bids, bonds, contracts, and agreements for construction work;

RESOLVED FURTHER, That the following individual may sign for this corporation:

Sean Collins Credit & Contracts Manager
Teichert Services Group, Inc.

is designated as attorney in fact of this corporation with full authority to execute credit agreements, credit settlement agreements, lien rights, contracts and other documents relating to the credit and contracts for this corporation.

DATED: __________________, 2023 Paula D. James
Secretary of
A. Teichert & Son, Inc.

1 | Page
NOTICE

REQUEST FOR QUALIFICATIONS

FOR CITY OF SALINAS

2023-2028 ON-CALL CLASS A CONTRACTOR

You are invited to submit your Statement of Qualifications (SOQ) for providing Class A Contractor Services. SOQs shall be submitted electronically via the PlanetBids website until:

July 12, 2023

The full content of the RFQ is available through the City’s Website at https://www.cityofsalinas.org/our-city-services/public-works/bidding-information, then by clicking on the PlanetBids.com link. Prospective proposers must register on the PlanetBids website to view and print request for qualifications package. Registration is free through the link provided here. Once on PlanetBids.com, click “Bid Opportunities”. Only registered prospective contractors will receive updates and addenda. If the prime Contractor is not registered on the PlanetBids website when submitting their statement of qualifications, they shall be disqualified. Requests for clarification regarding this RFQ must be submitted through PlanetBids’ Q/A tab and received no later than 5:00 pm on June 23, 2023. If addendums are necessary, they will be posted onto this website no later than June 28, 2023.

The City of Salinas is an Equal Opportunity Employer.

The City of Salinas does not discriminate on the basis of race, color, national origin, ancestry, sex, religion, sexual orientation, age, disability, marital status, political affiliation, or any other non - merit factor. The Cit y of Salinas makes reasonable accommodation for individuals with a disability. Individuals requiring any accommodation in order to participate in this process must inform the Pu blic Works Department at [email protected] or 831-758-7322 no later than 5:00 pm PST of the last day prior to the submittal date sta ted in this request for qualifications. Hearing impaired or TTY/TDD Text Telephone users may contact the City by dialing 711 for the California Relay Services (CRS) or by telephoning any other service providers’ CRS telephone number.

2023-2028 ON-CALL CLASS A CONTRACTOR

RFQ Revised – June 15, 2023 2 | Page

SUMMARY
Proposal Due Date: 12:00 pm (PST) on July 12, 2023.

Submittals: Proposals shall be submitted electronically via the PlanetBids website.

Project Manager: Elise Ramirez, PE, Senior Civil Engineer City of Salinas
Public Works Department
200 Lincoln Ave.

Salinas, CA 93901

Notification List: The full content of the RFQ is available through the City’s Website at https://www.cityofsalinas.org/our-city-services/public- works/bidding-information, then c licking on the PlanetBids.com link. Prospective proposers must register on the PlanetBids website to view and print request for qualifications package. Registration is free through the link provided here. Once on website, click on “Bid Opportunities”. Only registered Contractors will receive updates and addenda. If the prime Contractor is not registered for the project on the PlanetBids website when submitting their statement of qualifications, they shall be disqualified. If addendums are necessary, they will be posted onto this website on or before June 28, 2023.

Pre-Proposal Meeting: None scheduled.

Inquiries: Requests for clarification regarding this RFQ must be submitted through PlanetBids’ Q/A tab and received no later than 5 pm PST on June 23, 2023. Written responses to timely inquiries will be posted on or about June 28, 2023.

Funding: Funding for projects includes local and State funds. A separate RFQ/RFP will be conducted for federally funded projects.

2023-2028 ON-CALL CLASS A CONTRACTOR

RFQ Revised – June 15, 2023 3 | Page

DIR Registration: All Contractors (prime and subs) must possess and maintain registration with the Department of Industrial Relations (DIR) in order to be awarded and to perform work on public works projects. The following is the link to DIR’s Contractor Registration: https://www.dir.ca.gov/Public- Works/Contractor-Registration.html.

This work is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Additionally, all prime and sub contractors must furnish certified payroll records to the City and directly to the Labor Commissioner (Division of Labor Standards Enforcement) on a weekly basis and in the format prescribed by the City and DIR, which may include electronic submission.

Anticipated Schedule:

Advertise RFQ: May 23, 2023
Question Deadline: June 23, 2023, 5pm PST
Addenda posted for Q&A: June 28, 2023
Statements of Qualifications Due: July 12, 2023, 12:00pm Noon PST Proposal Review and Evaluation: July 13 – July 21, 2023 Selection Notifications: July 24 - 28, 2023
Contract Award Anticipated: August 2023

Local Purchasing Preference Ordinance:

The City of Salinas Local Purchasing Preference Ordinance encourages participation of local business through the implementation of the city’s local purchasing regulations. In determining the best -qualified and responsible, responsive firm, those who qualify as a local business enterprise shall receive a credit of 10% of its total points. If firm qualifies for 10% Local preference the City will not allow travel expenses or mileage as part of the contract as it is assumed the business is local.

Service providers must submit a copy of Declaration of Local Business Form with the Submittal.

Refer to Section 12, Article III-A of the Salinas Municipal Code:
https://library.municode.com/ca/salinas/codes/code_of_ordinances?nodeId=PTIITHCO_CH12FI _ARTIII-ALOPUPR

2023-2028 ON-CALL CLASS A CONTRACTOR

RFQ Revised – June 15, 2023 4 | Page

INTRODUCTION
The City of Salinas (City) is seeking qualified firms to provide On-Call Class A contracting services related to construction of various public works projects. The City intends to select a maximum of five (5) Class A Contractors from these submittals. Master Services Agreements (see attached sample) will be executed between the City and each of the Con tractors to memorialize the contractual relationship between City and Contractors . The term of the contract will be five (5) years (202 3-2028). There is no minimum contract amount guarantee, and the total combined/aggregate contract amount (for the selected contractors) shall not exceed $10,000,000. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under the Agreements.

BACKGROUND/PROCESS
The City of Salinas has identified a need to utilize on -call contractors for various public works projects and emergency repairs. For routine projects, the selected Contractor will be asked to submit proposals for an identified scope of work on individual projects or attend an interview to determine which Contractor would best qualify for the specific project. For emergency work, the first available Contractor may be asked to perform the work. This RFQ may be used for local and state funds. The City may require immediate services and it is also possible that more than one project could require services at the same time. Federally funded project will require a separate RFQ process.

The On-Call Class A Contractor agreement is for a five -year period. The City will negotiate with Contractor on the payment format ( time and m aterials, lump sum, itemized etc). Any rates utilized or requested shall be per Caltrans standard rates and fees unless otherwise noted in the proposal request. Total cost for the contractor services shall be based on the scope of work for the project, agreed payment format, associated rates/fees, and the terms of the contract.

SCOPE OF WORK- On Call Class A Contractor
The City of Salinas is seeking the services of qualified Class A Contractor to assist in construction for various public works tasks including, but not limited to pavement rehabilitation and resurfacing projects, sewer and storm line projects, sidewalk improvement projects , traffic and transportation projects, arterial median landscape projects, and emergency work. Work shall be done in accordance with applicable City Standard Plans, Caltrans Standards, MUTCD, project Plans and Specifications or at the direction of the City Engineer. 2023-2028 ON-CALL CLASS A CONTRACTOR

RFQ Revised – June 15, 2023 5 | Page

PROPOSAL FORMAT AND CONTENT REQUIREMENTS
Proposal shall be provide based on the following guidelines.

GENERAL GUIDELINES
Proposal shall include a table of contents and a p age number on all sheets. The maximum number of pages is 15, not including tabs or section dividers. The cover (front and back), cover/transmittal letter, table of contents, tabs or section dividers are excluded from the page limit count. The minimum font size for the body text shall be 1 2 point. Divider ta bs are encouraged for each section listed below.

TRANSMITTAL LETTER
The transmittal letter should be on the C ontractor’s letterhead and addressed to City of Salinas project manager, as indicated on the summary page of this RFQ . The letter should indicate the Contractor’s understanding of the City’s needs and work required. If an addendum has been issued, please acknowledge receipt of the addendum in the letter. The letter shall be signed by an official or representative authorized to negotiate and contra ctually bind the firm. Please include return address and email address of the person that should be notif ied during the interview and negotiation process. The Contractor shall indicate their acceptance of the terms and conditions of the sample agreement included as Attachment 1.

FORMAT
The following information must be included in the RFQ submittal in the order listed:

SECTION 1: FIRM PROFILE (2 pages maximum) - A summary that identifies likely project managers and a brief description of the Contractor’s firm, firm specialties, including the year the firm was established, type of organization (partnership, corporation, etc.) and a statement of the firm’s qualifications for performing the subject contracting services.

SECTION 2: PROJECT TEAM (11x17 sheet maximum) - An organizational chart depicting the staffing proposed by the firm, and a one-to-three-page table summarizing the roles and responsibilities of the key team members who will be assigned to the On-Call projects. One- page resumes for the project manager and key staff may be included in Section 5: Appendix.

SECTION 3: RELEVANT PROJECT EXPERIENCE (3 pages maximum) – Provide brief summaries of relevant project experiences, including public agency experiences.

SECTION 4: REFERENCES (2 page maximum) – A list of at least five (5) references from recent clients for projects with municipal government of similar types. Include cost for the portion of work done (if available), contact person, email address and phone number. 2023-2028 ON-CALL CLASS A CONTRACTOR

RFQ Revised – June 15, 2023 6 | Page

SECTION 5: APPENDIX (5 pages maximum) – A brief appendix providing other relevant information that will assist the City in selecting the most qualified Contractors, including resumes for the project manager and key staff, and brief summaries for sub contractors that are used (if applicable).

EVALUATION
An evaluation committee consisting of City Staff and/or other qualified individual will review each SOQ for completeness and content. Each SO Q will be evaluated based upon the relevant experience of the Contractor. The evaluation committee will review and rank the SO Q and may conduct interviews, if necessary. The rankings will be based upon the following criteria:

1. Firm Profile ( 10 points max) : Does the contractor offer the breadth and quality of services required for Class A contractor services?

2. Project Team (10 points max): Do the qualifications of key personnel to be assigned to the anticipated projects meets or exceeds expectations ? Do a ssigned personnel and subcontractors have requisite experience and qualifications? Does the firm’s organizational structure show sufficient depth for its present workload?

3. Relevant Project Experience (10 points max): Has the contractor demonstrated the ability to successfully provide services for anticipated projects as described herein?

4. Specific Management Approach (10 points max): Has the contractor described its ability to achieve budget and project delivery goals? How will the contractor apply it s management techniques and resources?

5. References ( 10 points max): Are the contractor ’s references from past clients and associates favorable? Is the firm financially stable?

6. Local Purchasing Preference Ordinance (10% of total points): Is the Contractor recognized as a “Local Business” per Salinas Municipal Code? Total possible points: 50 + (10% for Local Preference) An evaluation committee will review the SOQ’s and forward its recommendation to City Engineer.

The City Engineer will finalize the ranking, conduct Contractor’s interviews (if necessary), and recommend a minimum of three and maximum of five On-Call Class A Con tractors to the City Council for final approval (anticipated August 2023).

Aside from the selection process described herein, C ontractors or their representatives are prohibited from attempting to influence this selection process by contacting Selection committee members, elected officials, City Staff or other individuals or entities involved in selecting the 2023-2028 ON-CALL CLASS A CONTRACTOR

RFQ Revised – June 15, 2023 7 | Page

Contractor or awarding the Contractor agreement. Any such attempt to influence selection outside of the prescribed process will be grounds for disqualification.

NEGOTIATION
The City will negotiate to secure agreements with the top- ranked firms. If unsuccessful, negotiations will be terminated and staff shall then begin negotiating with the next ranked firm.

This process will continue until an agreement is secured. A minimum of three a maximum of five on-call Class A Contractors will be recommended to the City Council for final approval along with its respective signed master services agreements.

The City reserves the right to reject any and all submittals received, and to re -advertise/reissue this request for qualifications.

AWARD
Award of the selected Consultant’s contract will be subject to the City Council’s approval. Aside from announcing the top ranked proposal, the scored evaluations will be kept confidential unless production is otherwise required under State law.

GENERAL CONDITIONS

RECORDS AND FINANCIAL DATA
All correspondence with the City, including responses to this R FQ, will become the exclusive property of the City and will become public records under the California Public Records Act. All documents submitted in response to this Request for Qualifications will be subject to disclosure if requested by a member of the public. There are a very limited number of narrow exceptions to this disclosure requirement. During the selection process, until a firm is selected the City will not disclose proposals, except a s otherwise required under applicable law. This means that, depending on the nature of timing of the request, or future court decisions, that information may not remain private and may be publicly disclosed. Rates for services are not considered confidential or proprietary and are subject to disclosure.

The following will be general information for the proposers:
a. A prospective firm may withdraw their responses at any time prior to the date and the time which is set forth herein as the deadline for submittal of SOQ . b. Each prospective firm submitting a SOQ in response to this RFQ agrees that the preparation of all materials and presentations are at the prospective firms’ sole cost and 2023-2028 ON-CALL CLASS A CONTRACTOR

RFQ Revised – June 15, 2023 8 | Page

expense, and the City will not, under any circumstances, be responsible for any costs or expenses incurred by a prospective firm. In addition, each prospective firm understands and agrees that all documentation and materials submitted with a SOQ will remain the property of the City and will become a public document. c. The City reserves the right to request additional information from any and all prospective firms as deemed necessary by the City in order to evaluate the SOQ’s . This process may not be used, however, as an opportunity to submit missing documentation or to make substantive revisions to the original RFQ.
d. All terms will remain in effect and legally binding for at least one hundred twenty (120) days from the date of submission.
e. This RFQ shall be governed in accordance with the laws of the State of California and the jurisdiction of any disputes hereunder shall be had in Monterey County.

The City of Salinas reserves the right to (1) reject any or all responses, (2) postpone award of the Contract for a period not to exceed one hundred twenty (120) calendar days from the date replies are due, (3) waive informalities in the responses, and (4) take whatever action or make whatever decision it determines to be in the best interest of the City. The City of Salinas assumes no obligation in this general solicitation of Qualifications and all costs and expenses of responding to this RFQ shall be borne by the individual parties preparing and/or submitting a proposal.

BUSINESS LICENSE, PERFORMANCE BOND, AND PAYMENT

BOND REQUIREMENTS
If selected, your firm will be required to obtain a City of Salinas Business License. Refer to link for information:
https://www.cityofsalinas.org/our-city-services/finance/business-licenses With each awarded project, the Contractor will be required to furnish a Bond for the faithful performance of the project being not less than 100% of the estimated cost of the project. A Payment Bond (Labor and Material Bond) will also be required to be furnished for an amount not less than 100% of the estimated cost of the project.

INQUIRIES
Requests for clarification regarding this RFQ must be submitted through PlanetBids’ Q/A tab and received no later than June 23, 2023, by 5pm. Written responses to timely inquiries will be posted by June 28, 2023.

2023-2028 ON-CALL CLASS A CONTRACTOR

RFQ Revised – June 15, 2023 9 | Page

SAMPLE AGREEMENT

ATTACHMENT NO. A

Agreement for Services v. November 2022 Page 1 of 10
[Contractor Name]
[Month and Year of Agreement]

ATTACHMENT A – SAMPLE AGREEMENT

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF SALINAS AND XXX

On Call Class A Contractor

THIS AGREEMENT is executed this ____ day of ___________, 20__, (“Agreement” or “Contract”) between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and [insert contractor’s legal name], a [California corporation/limited liability company/dba/etc.] (hereinafter “Contractor”).

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, services related to construction of various Public Works projects on an on-going basis, as further discussed in the “Request for Qualifications – 2023-2028 On-Call Class A Contractor” Attachment B.

It is understood by City and Contractor that Contractor performs or secures the performance of Class A Contractor services for the City on an on-going basis. On each occasion Contractor performs services for City, Contractor 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. Contractor shall not proceed to perform any such service until City and Contractor 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.

Any rates utilized or requested shall be per Caltrans labor surcharge and equipment rental rates unless otherwise noted in the proposal request. Overhead fees shall be capped at 22%. Total cost for the contractor services shall be based on the scope of work for the project, agreed payment format, associated rates/fees, and the terms of the contract.

There is no minimum contract amount guarantee, and the total combined/aggregate contract amount shall not exceed $10,000,000. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this Agreement.

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

3. Term. This Agreement shall commence on [XXX], and shall terminate on [XXX], 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 Agreement for Services v. November 2022 Page 2 of 10
[Contractor Name]
[Month and Year of Agreement]

to the terms of this Agreement.

4. Payment. City agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, the project cost specified in the Contractor’s written scope of services on each occasion a service is performed. Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

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

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

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

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

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

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

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

12. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto and supersedes any and all prior agreements, whether oral or written, relating to Agreement for Services v. November 2022 Page 3 of 10
[Contractor Name]
[Month and Year of Agreement]

the subject matter thereof. Any modification of the Agreement will be effective only if it is in writing signed by both parties hereto.

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

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

15. Laws. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.

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

CITY OF SALINAS

__________________________________
Steve Carrigan
City Manager

APPROVED AS TO FORM:

_________________________________
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney

CONTRACTOR

___________________________________

By (Printed Name):___________________

Agreement for Services v. November 2022 Page 4 of 10
[Contractor Name]
[Month and Year of Agreement]

Its (Title):___________________________

Agreement for Services v. November 2022 Page 5 of 10
[Contractor Name]
[Month and Year of Agreement]

Attachment A

Insurance Requirements

Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her/its officers, agents, representatives, employees, and/or subcontractors.

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

1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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

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

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

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

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

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

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by Agreement for Services v. November 2022 Page 6 of 10
[Contractor Name]
[Month and Year of Agreement]

or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

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

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

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

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

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

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

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Agreement for Services v. November 2022 Page 7 of 10
[Contractor Name]
[Month and Year of Agreement]

Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor may carry, at its own expense, such additional insurance as it deems necessary.

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Payment bond (for Contracts over $25,000)

2. Performance bond

3. Maintenance bond

The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty, a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Sexual Abuse and Molestation (“SAM”) insurance coverage in a minimum amount of $1,000,000 per occurrence, placed on an occurrence-based policy form is required if Contractor is providing services involving minors.

Agreement for Services v. November 2022 Page 8 of 10
[Contractor Name]
[Month and Year of Agreement]

Attachment B

REQUEST FOR QUALIFICATIONS

FOR CITY OF SALINAS
2023-2028 ON-CALL CLASS A CONTRACTOR
Agreement for Services v. November 2022 Page 9 of 10
[Contractor Name]
[Month and Year of Agreement]

Attachment C

DEPARTMENT OF INDUSTRIAL RELATIONS’ STATE LABOR CODE
Labor Law Requirements
(CCR Title 8, Section 16421)

This public works project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). All work shall be in accordance with wage scales and applicable determinations made by the Director of the DIR, as provided by Article 2, Chapter 1, Division 2, Part 7 of the Labor Code of the State of California, commencing with §1771.

Penalties for violations may be applied by the DIR pursuant to the Labor Code §1813 and §1815.

The Contractor shall indemnify, hold harmless, and defend the City (with counsel reasonably approved by the City) against any claim for damages, compensation, fines, penalties, or other amounts arising out of the failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages as determined pursuant to Labor Code §1720, and hereby agrees to, §§1771-1774; to employ apprentices pursuant to Labor Code §1777.5 et seq., and/or to comply with the other applicable provisions of Labor Code §1720 et seq., §§1771-1774, §1777.5 et seq., and the implementing regulations of the DIR in connection with the scope of work. This indemnification section shall survive the expiration of the Term.

The Federal and State Labor Law requirements applicable to the Agreement are composed of, but not limited, to the following items:

1. Payment of Prevailing Wage Rates: All contractors, including subcontractors, shall pay no less than the prevailing rate of wages (Labor Code §1775), including the rates for holidays and overtime work (Labor Code §§1813 and 1815), to all workers employed in the execution of the contract (Labor Code §1774), pursuant to Labor Code §§1720-1784. The prevailing rates are those issued as wage determinations by the DIR, for each craft, classification and type of work.

The current wage rate information can be found at the DIR’s website at:
https://www.dir.ca.gov/oprl/DPreWageDetermination.htm
. Copies of the prevailing rate of per
diem wages are on file at City’s Public Works Department (principal place of office). Contractor shall post a copy of the determination of the Director of DIR of the prevailing rate of per diem wages at each job site.

2. Apprentices: Contractor and subcontractors shall employ registered apprentices on this public works Agreement pursuant to Labor Code §1777.5. All contractors on this project (prime and subcontractors) are required to submit the Division of Apprenticeship Standards’ (“DAS”) Public Works Contract Award Information (DAS 140) form to all applicable apprenticeship committees no later than 10 days before commencing work. Additionally, all contractors are required to request registered apprentices (DAS 142 form).

Penalties for failure to pay prevailing wages (for non-exempt projects) and failure to employ apprentices include forfeitures and debarment under Labor Code §§1775 and 1777.7.

3. Certified Payroll Records: All contractors, including subcontractors, must maintain and file certified payroll records (“CPRs”) pursuant to Labor Code §1776. Additionally, all 25 Agreement for Services v. November 2022 Page 10 of 10
[Contractor Name]
[Month and Year of Agreement]

contractors and subcontractors must furnish certified payroll records into the DIR’s Electronic Certified Payroll Reporting (“eCPRs”) database
(https://efiling.dir.ca.gov/eCPR/pages/eCPROnlineForm.jsp). Penalties apply to Contractor and any Subcontractors for failure to do so under Labor Code §1777.

4. Subcontracting: Contractors are required to list all subcontractors hired to perform work on this public works agreement when that work is in an excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater. See Public Contracts Code §4104.

5. Proper Licensing/Registration: All contractors and subcontractors are required to be properly licensed, in accordance with the Provisions of Chapter 9 of Division 3 of the Business and Professions Code and subject to the requirements of §4104 of the Public Contract Code. In addition, all contractors including subcontractors must submit proof of current registration to perform public work, pursuant to Labor Code §1771.1. Contractors are required to be properly licensed and to require all subcontractors to be properly licensed. Penalties for employing workers while unlicensed under Labor Code §1021 and under the California Contractors License Law, found at Business and Professions Code §7000 et. seq.

6. Job Site Notices: Contractors are required to post all required notices (posters) on the job site in an area accessible to all workers, including subcontractors. Posters must be readable and placed in visible areas allowing workers to access the posters before, during, and after work shifts. Jobsites with multiple locations must include a portable poster board to ensure continued access to the information. Posters placed in foreman, supervisor, or employee vehicles, in an offsite job trailer, or inside a temporary restroom do not meet the posting requirement. Posters may be printed from the DIR’s website at: http://www.dir.ca.gov/wpnodb.html.

7. Nondiscrimination in Employment – Equal Employment Opportunity (“EEO”):

Employment discrimination is prohibited, pursuant to Labor Code §1777.6, the Government Code, and Title VII of the Civil Rights Act of 1964.

8. Kickbacks Prohibited: Contractors and subcontractors are prohibited from recapturing wages illegally by accepting or extracting “kickbacks” from employee wages pursuant to Labor Code §1778.

9. Acceptance of Fees Prohibited: Contractors and subcontractors are prohibited from accepting fees for registering any person for public work or for filling work orders on public works contracts, pursuant to Labor Code §§1779 and 1780.

10. Unfair Competition Prohibited: Contractors and subcontractors are prohibited from engaging in unfair competition as specified under Business and Professions Code §§17200 - 17208.

11. Workers’ Compensation: Contractors and subcontractors must be properly insured for Workers’ Compensation under Labor Code §1861. Contractor hereby represents that Contractor is aware of the provisions of Section 3700 of the Labor Code, which require every employee to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor will comply with such provisions before commencing the performance of the work of this agreement.

12. OSHA: Contractors and subcontractors must abide by the Occupational, Safety, and Health Laws and regulations that apply.

Agreement for Services v. November 2022 Page 7 of 9
Grade Break Engineering, Inc.

August 2023

Attachment B

REQUEST FOR QUALIFICATIONS

FOR CITY OF SALINAS
2023-2028 ON-CALL CLASS A CONTRACTOR

1 | Page
NOTICE

REQUEST FOR QUALIFICATIONS

FOR CITY OF SALINAS

2023-2028 ON-CALL CLASS A CONTRACTOR

You are invited to submit your Statement of Qualifications (SOQ) for providing Class A Contractor Services. SOQs shall be submitted electronically via the PlanetBids website until:

July 12, 2023

The full content of the RFQ is available through the City’s Website at https://www.cityofsalinas.org/our-city-services/public-works/bidding-information, then by clicking on the PlanetBids.com link. Prospective proposers must register on the PlanetBids website to view and print request for qualifications package. Registration is free through the link provided here. Once on PlanetBids.com, click “Bid Opportunities”. Only registered prospective contractors will receive updates and addenda. If the prime Contractor is not registered on the PlanetBids website when submitting their statement of qualifications, they shall be disqualified. Requests for clarification regarding this RFQ must be submitted through PlanetBids’ Q/A tab and received no later than 5:00 pm on June 23, 2023. If addendums are necessary, they will be posted onto this website no later than June 28, 2023.

The City of Salinas is an Equal Opportunity Employer.

The City of Salinas does not discriminate on the basis of race, color, national origin, ancestry, sex, religion, sexual orientation, age, disability, marital status, political affiliation, or any other non - merit factor. The Cit y of Salinas makes reasonable accommodation for individuals with a disability. Individuals requiring any accommodation in order to participate in this process must inform the Pu blic Works Department at [email protected] or 831-758-7322 no later than 5:00 pm PST of the last day prior to the submittal date sta ted in this request for qualifications. Hearing impaired or TTY/TDD Text Telephone users may contact the City by dialing 711 for the California Relay Services (CRS) or by telephoning any other service providers’ CRS telephone number.

2023-2028 ON-CALL CLASS A CONTRACTOR

RFQ Revised – June 15, 2023 2 | Page

SUMMARY
Proposal Due Date: 12:00 pm (PST) on July 12, 2023.

Submittals: Proposals shall be submitted electronically via the PlanetBids website.

Project Manager: Elise Ramirez, PE, Senior Civil Engineer City of Salinas
Public Works Department
200 Lincoln Ave.

Salinas, CA 93901

Notification List: The full content of the RFQ is available through the City’s Website at https://www.cityofsalinas.org/our-city-services/public- works/bidding-information, then c licking on the PlanetBids.com link. Prospective proposers must register on the PlanetBids website to view and print request for qualifications package. Registration is free through the link provided here. Once on website, click on “Bid Opportunities”. Only registered Contractors will receive updates and addenda. If the prime Contractor is not registered for the project on the PlanetBids website when submitting their statement of qualifications, they shall be disqualified. If addendums are necessary, they will be posted onto this website on or before June 28, 2023.

Pre-Proposal Meeting: None scheduled.

Inquiries: Requests for clarification regarding this RFQ must be submitted through PlanetBids’ Q/A tab and received no later than 5 pm PST on June 23, 2023. Written responses to timely inquiries will be posted on or about June 28, 2023.

Funding: Funding for projects includes local and State funds. A separate RFQ/RFP will be conducted for federally funded projects.

2023-2028 ON-CALL CLASS A CONTRACTOR

RFQ Revised – June 15, 2023 3 | Page

DIR Registration: All Contractors (prime and subs) must possess and maintain registration with the Department of Industrial Relations (DIR) in order to be awarded and to perform work on public works projects. The following is the link to DIR’s Contractor Registration: https://www.dir.ca.gov/Public- Works/Contractor-Registration.html.

This work is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Additionally, all prime and sub contractors must furnish certified payroll records to the City and directly to the Labor Commissioner (Division of Labor Standards Enforcement) on a weekly basis and in the format prescribed by the City and DIR, which may include electronic submission.

Anticipated Schedule:

Advertise RFQ: May 23, 2023
Question Deadline: June 23, 2023, 5pm PST
Addenda posted for Q&A: June 28, 2023
Statements of Qualifications Due: July 12, 2023, 12:00pm Noon PST Proposal Review and Evaluation: July 13 – July 21, 2023 Selection Notifications: July 24 - 28, 2023
Contract Award Anticipated: August 2023

Local Purchasing Preference Ordinance:

The City of Salinas Local Purchasing Preference Ordinance encourages participation of local business through the implementation of the city’s local purchasing regulations. In determining the best -qualified and responsible, responsive firm, those who qualify as a local business enterprise shall receive a credit of 10% of its total points. If firm qualifies for 10% Local preference the City will not allow travel expenses or mileage as part of the contract as it is assumed the business is local.

Service providers must submit a copy of Declaration of Local Business Form with the Submittal.

Refer to Section 12, Article III-A of the Salinas Municipal Code:
https://library.municode.com/ca/salinas/codes/code_of_ordinances?nodeId=PTIITHCO_CH12FI _ARTIII-ALOPUPR

2023-2028 ON-CALL CLASS A CONTRACTOR

RFQ Revised – June 15, 2023 4 | Page

INTRODUCTION
The City of Salinas (City) is seeking qualified firms to provide On-Call Class A contracting services related to construction of various public works projects. The City intends to select a maximum of five (5) Class A Contractors from these submittals. Master Services Agreements (see attached sample) will be executed between the City and each of the Con tractors to memorialize the contractual relationship between City and Contractors . The term of the contract will be five (5) years (202 3-2028). There is no minimum contract amount guarantee, and the total combined/aggregate contract amount (for the selected contractors) shall not exceed $10,000,000. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under the Agreements.

BACKGROUND/PROCESS
The City of Salinas has identified a need to utilize on -call contractors for various public works projects and emergency repairs. For routine projects, the selected Contractor will be asked to submit proposals for an identified scope of work on individual projects or attend an interview to determine which Contractor would best qualify for the specific project. For emergency work, the first available Contractor may be asked to perform the work. This RFQ may be used for local and state funds. The City may require immediate services and it is also possible that more than one project could require services at the same time. Federally funded project will require a separate RFQ process.

The On-Call Class A Contractor agreement is for a five -year period. The City will negotiate with Contractor on the payment format ( time and m aterials, lump sum, itemized etc). Any rates utilized or requested shall be per Caltrans standard rates and fees unless otherwise noted in the proposal request. Total cost for the contractor services shall be based on the scope of work for the project, agreed payment format, associated rates/fees, and the terms of the contract.

SCOPE OF WORK- On Call Class A Contractor
The City of Salinas is seeking the services of qualified Class A Contractor to assist in construction for various public works tasks including, but not limited to pavement rehabilitation and resurfacing projects, sewer and storm line projects, sidewalk improvement projects , traffic and transportation projects, arterial median landscape projects, and emergency work. Work shall be done in accordance with applicable City Standard Plans, Caltrans Standards, MUTCD, project Plans and Specifications or at the direction of the City Engineer. 2023-2028 ON-CALL CLASS A CONTRACTOR

RFQ Revised – June 15, 2023 5 | Page

PROPOSAL FORMAT AND CONTENT REQUIREMENTS
Proposal shall be provide based on the following guidelines.

GENERAL GUIDELINES
Proposal shall include a table of contents and a p age number on all sheets. The maximum number of pages is 15, not including tabs or section dividers. The cover (front and back), cover/transmittal letter, table of contents, tabs or section dividers are excluded from the page limit count. The minimum font size for the body text shall be 1 2 point. Divider ta bs are encouraged for each section listed below.

TRANSMITTAL LETTER
The transmittal letter should be on the C ontractor’s letterhead and addressed to City of Salinas project manager, as indicated on the summary page of this RFQ . The letter should indicate the Contractor’s understanding of the City’s needs and work required. If an addendum has been issued, please acknowledge receipt of the addendum in the letter. The letter shall be signed by an official or representative authorized to negotiate and contra ctually bind the firm. Please include return address and email address of the person that should be notif ied during the interview and negotiation process. The Contractor shall indicate their acceptance of the terms and conditions of the sample agreement included as Attachment 1.

FORMAT
The following information must be included in the RFQ submittal in the order listed:

SECTION 1: FIRM PROFILE (2 pages maximum) - A summary that identifies likely project managers and a brief description of the Contractor’s firm, firm specialties, including the year the firm was established, type of organization (partnership, corporation, etc.) and a statement of the firm’s qualifications for performing the subject contracting services.

SECTION 2: PROJECT TEAM (11x17 sheet maximum) - An organizational chart depicting the staffing proposed by the firm, and a one-to-three-page table summarizing the roles and responsibilities of the key team members who will be assigned to the On-Call projects. One- page resumes for the project manager and key staff may be included in Section 5: Appendix.

SECTION 3: RELEVANT PROJECT EXPERIENCE (3 pages maximum) – Provide brief summaries of relevant project experiences, including public agency experiences.

SECTION 4: REFERENCES (2 page maximum) – A list of at least five (5) references from recent clients for projects with municipal government of similar types. Include cost for the portion of work done (if available), contact person, email address and phone number. 2023-2028 ON-CALL CLASS A CONTRACTOR

RFQ Revised – June 15, 2023 6 | Page

SECTION 5: APPENDIX (5 pages maximum) – A brief appendix providing other relevant information that will assist the City in selecting the most qualified Contractors, including resumes for the project manager and key staff, and brief summaries for sub contractors that are used (if applicable).

EVALUATION
An evaluation committee consisting of City Staff and/or other qualified individual will review each SOQ for completeness and content. Each SO Q will be evaluated based upon the relevant experience of the Contractor. The evaluation committee will review and rank the SO Q and may conduct interviews, if necessary. The rankings will be based upon the following criteria:

1. Firm Profile ( 10 points max) : Does the contractor offer the breadth and quality of services required for Class A contractor services?

2. Project Team (10 points max): Do the qualifications of key personnel to be assigned to the anticipated projects meets or exceeds expectations ? Do a ssigned personnel and subcontractors have requisite experience and qualifications? Does the firm’s organizational structure show sufficient depth for its present workload?

3. Relevant Project Experience (10 points max): Has the contractor demonstrated the ability to successfully provide services for anticipated projects as described herein?

4. Specific Management Approach (10 points max): Has the contractor described its ability to achieve budget and project delivery goals? How will the contractor apply it s management techniques and resources?

5. References ( 10 points max): Are the contractor ’s references from past clients and associates favorable? Is the firm financially stable?

6. Local Purchasing Preference Ordinance (10% of total points): Is the Contractor recognized as a “Local Business” per Salinas Municipal Code? Total possible points: 50 + (10% for Local Preference) An evaluation committee will review the SOQ’s and forward its recommendation to City Engineer.

The City Engineer will finalize the ranking, conduct Contractor’s interviews (if necessary), and recommend a minimum of three and maximum of five On-Call Class A Con tractors to the City Council for final approval (anticipated August 2023).

Aside from the selection process described herein, C ontractors or their representatives are prohibited from attempting to influence this selection process by contacting Selection committee members, elected officials, City Staff or other individuals or entities involved in selecting the 2023-2028 ON-CALL CLASS A CONTRACTOR

RFQ Revised – June 15, 2023 7 | Page

Contractor or awarding the Contractor agreement. Any such attempt to influence selection outside of the prescribed process will be grounds for disqualification.

NEGOTIATION
The City will negotiate to secure agreements with the top- ranked firms. If unsuccessful, negotiations will be terminated and staff shall then begin negotiating with the next ranked firm.

This process will continue until an agreement is secured. A minimum of three a maximum of five on-call Class A Contractors will be recommended to the City Council for final approval along with its respective signed master services agreements.

The City reserves the right to reject any and all submittals received, and to re -advertise/reissue this request for qualifications.

AWARD
Award of the selected Consultant’s contract will be subject to the City Council’s approval. Aside from announcing the top ranked proposal, the scored evaluations will be kept confidential unless production is otherwise required under State law.

GENERAL CONDITIONS

RECORDS AND FINANCIAL DATA
All correspondence with the City, including responses to this R FQ, will become the exclusive property of the City and will become public records under the California Public Records Act. All documents submitted in response to this Request for Qualifications will be subject to disclosure if requested by a member of the public. There are a very limited number of narrow exceptions to this disclosure requirement. During the selection process, until a firm is selected the City will not disclose proposals, except a s otherwise required under applicable law. This means that, depending on the nature of timing of the request, or future court decisions, that information may not remain private and may be publicly disclosed. Rates for services are not considered confidential or proprietary and are subject to disclosure.

The following will be general information for the proposers:
a. A prospective firm may withdraw their responses at any time prior to the date and the time which is set forth herein as the deadline for submittal of SOQ . b. Each prospective firm submitting a SOQ in response to this RFQ agrees that the preparation of all materials and presentations are at the prospective firms’ sole cost and 2023-2028 ON-CALL CLASS A CONTRACTOR

RFQ Revised – June 15, 2023 8 | Page

expense, and the City will not, under any circumstances, be responsible for any costs or expenses incurred by a prospective firm. In addition, each prospective firm understands and agrees that all documentation and materials submitted with a SOQ will remain the property of the City and will become a public document. c. The City reserves the right to request additional information from any and all prospective firms as deemed necessary by the City in order to evaluate the SOQ’s . This process may not be used, however, as an opportunity to submit missing documentation or to make substantive revisions to the original RFQ.
d. All terms will remain in effect and legally binding for at least one hundred twenty (120) days from the date of submission.
e. This RFQ shall be governed in accordance with the laws of the State of California and the jurisdiction of any disputes hereunder shall be had in Monterey County.

The City of Salinas reserves the right to (1) reject any or all responses, (2) postpone award of the Contract for a period not to exceed one hundred twenty (120) calendar days from the date replies are due, (3) waive informalities in the responses, and (4) take whatever action or make whatever decision it determines to be in the best interest of the City. The City of Salinas assumes no obligation in this general solicitation of Qualifications and all costs and expenses of responding to this RFQ shall be borne by the individual parties preparing and/or submitting a proposal.

BUSINESS LICENSE, PERFORMANCE BOND, AND PAYMENT

BOND REQUIREMENTS
If selected, your firm will be required to obtain a City of Salinas Business License. Refer to link for information:
https://www.cityofsalinas.org/our-city-services/finance/business-licenses With each awarded project, the Contractor will be required to furnish a Bond for the faithful performance of the project being not less than 100% of the estimated cost of the project. A Payment Bond (Labor and Material Bond) will also be required to be furnished for an amount not less than 100% of the estimated cost of the project.

INQUIRIES
Requests for clarification regarding this RFQ must be submitted through PlanetBids’ Q/A tab and received no later than June 23, 2023, by 5pm. Written responses to timely inquiries will be posted by June 28, 2023.

2023-2028 ON-CALL CLASS A CONTRACTOR

RFQ Revised – June 15, 2023 9 | Page

SAMPLE AGREEMENT

ATTACHMENT NO. A

Agreement for Services v. November 2022 Page 1 of 10
[Contractor Name]
[Month and Year of Agreement]

ATTACHMENT A – SAMPLE AGREEMENT

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF SALINAS AND XXX

On Call Class A Contractor

THIS AGREEMENT is executed this ____ day of ___________, 20__, (“Agreement” or “Contract”) between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and [insert contractor’s legal name], a [California corporation/limited liability company/dba/etc.] (hereinafter “Contractor”).

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, services related to construction of various Public Works projects on an on-going basis, as further discussed in the “Request for Qualifications – 2023-2028 On-Call Class A Contractor” Attachment B.

It is understood by City and Contractor that Contractor performs or secures the performance of Class A Contractor services for the City on an on-going basis. On each occasion Contractor performs services for City, Contractor 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. Contractor shall not proceed to perform any such service until City and Contractor 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.

Any rates utilized or requested shall be per Caltrans labor surcharge and equipment rental rates unless otherwise noted in the proposal request. Overhead fees shall be capped at 22%. Total cost for the contractor services shall be based on the scope of work for the project, agreed payment format, associated rates/fees, and the terms of the contract.

There is no minimum contract amount guarantee, and the total combined/aggregate contract amount shall not exceed $10,000,000. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this Agreement.

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

3. Term. This Agreement shall commence on [XXX], and shall terminate on [XXX], 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 Agreement for Services v. November 2022 Page 2 of 10
[Contractor Name]
[Month and Year of Agreement]

to the terms of this Agreement.

4. Payment. City agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, the project cost specified in the Contractor’s written scope of services on each occasion a service is performed. Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

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

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

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

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

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

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

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

12. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto and supersedes any and all prior agreements, whether oral or written, relating to Agreement for Services v. November 2022 Page 3 of 10
[Contractor Name]
[Month and Year of Agreement]

the subject matter thereof. Any modification of the Agreement will be effective only if it is in writing signed by both parties hereto.

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

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

15. Laws. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.

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

CITY OF SALINAS

__________________________________
Steve Carrigan
City Manager

APPROVED AS TO FORM:

_________________________________
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney

CONTRACTOR

___________________________________

By (Printed Name):___________________

Agreement for Services v. November 2022 Page 4 of 10
[Contractor Name]
[Month and Year of Agreement]

Its (Title):___________________________

Agreement for Services v. November 2022 Page 5 of 10
[Contractor Name]
[Month and Year of Agreement]

Attachment A

Insurance Requirements

Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her/its officers, agents, representatives, employees, and/or subcontractors.

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

1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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

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

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

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

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

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

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by Agreement for Services v. November 2022 Page 6 of 10
[Contractor Name]
[Month and Year of Agreement]

or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

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

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

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

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

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

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

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Agreement for Services v. November 2022 Page 7 of 10
[Contractor Name]
[Month and Year of Agreement]

Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor may carry, at its own expense, such additional insurance as it deems necessary.

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Payment bond (for Contracts over $25,000)

2. Performance bond

3. Maintenance bond

The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty, a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Sexual Abuse and Molestation (“SAM”) insurance coverage in a minimum amount of $1,000,000 per occurrence, placed on an occurrence-based policy form is required if Contractor is providing services involving minors.

Agreement for Services v. November 2022 Page 8 of 10
[Contractor Name]
[Month and Year of Agreement]

Attachment B

REQUEST FOR QUALIFICATIONS

FOR CITY OF SALINAS
2023-2028 ON-CALL CLASS A CONTRACTOR
Agreement for Services v. November 2022 Page 9 of 10
[Contractor Name]
[Month and Year of Agreement]

Attachment C

DEPARTMENT OF INDUSTRIAL RELATIONS’ STATE LABOR CODE
Labor Law Requirements
(CCR Title 8, Section 16421)

This public works project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). All work shall be in accordance with wage scales and applicable determinations made by the Director of the DIR, as provided by Article 2, Chapter 1, Division 2, Part 7 of the Labor Code of the State of California, commencing with §1771.

Penalties for violations may be applied by the DIR pursuant to the Labor Code §1813 and §1815.

The Contractor shall indemnify, hold harmless, and defend the City (with counsel reasonably approved by the City) against any claim for damages, compensation, fines, penalties, or other amounts arising out of the failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages as determined pursuant to Labor Code §1720, and hereby agrees to, §§1771-1774; to employ apprentices pursuant to Labor Code §1777.5 et seq., and/or to comply with the other applicable provisions of Labor Code §1720 et seq., §§1771-1774, §1777.5 et seq., and the implementing regulations of the DIR in connection with the scope of work. This indemnification section shall survive the expiration of the Term.

The Federal and State Labor Law requirements applicable to the Agreement are composed of, but not limited, to the following items:

1. Payment of Prevailing Wage Rates: All contractors, including subcontractors, shall pay no less than the prevailing rate of wages (Labor Code §1775), including the rates for holidays and overtime work (Labor Code §§1813 and 1815), to all workers employed in the execution of the contract (Labor Code §1774), pursuant to Labor Code §§1720-1784. The prevailing rates are those issued as wage determinations by the DIR, for each craft, classification and type of work.

The current wage rate information can be found at the DIR’s website at:
https://www.dir.ca.gov/oprl/DPreWageDetermination.htm
. Copies of the prevailing rate of per
diem wages are on file at City’s Public Works Department (principal place of office). Contractor shall post a copy of the determination of the Director of DIR of the prevailing rate of per diem wages at each job site.

2. Apprentices: Contractor and subcontractors shall employ registered apprentices on this public works Agreement pursuant to Labor Code §1777.5. All contractors on this project (prime and subcontractors) are required to submit the Division of Apprenticeship Standards’ (“DAS”) Public Works Contract Award Information (DAS 140) form to all applicable apprenticeship committees no later than 10 days before commencing work. Additionally, all contractors are required to request registered apprentices (DAS 142 form).

Penalties for failure to pay prevailing wages (for non-exempt projects) and failure to employ apprentices include forfeitures and debarment under Labor Code §§1775 and 1777.7.

3. Certified Payroll Records: All contractors, including subcontractors, must maintain and file certified payroll records (“CPRs”) pursuant to Labor Code §1776. Additionally, all 25 Agreement for Services v. November 2022 Page 10 of 10
[Contractor Name]
[Month and Year of Agreement]

contractors and subcontractors must furnish certified payroll records into the DIR’s Electronic Certified Payroll Reporting (“eCPRs”) database
(https://efiling.dir.ca.gov/eCPR/pages/eCPROnlineForm.jsp). Penalties apply to Contractor and any Subcontractors for failure to do so under Labor Code §1777.

4. Subcontracting: Contractors are required to list all subcontractors hired to perform work on this public works agreement when that work is in an excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater. See Public Contracts Code §4104.

5. Proper Licensing/Registration: All contractors and subcontractors are required to be properly licensed, in accordance with the Provisions of Chapter 9 of Division 3 of the Business and Professions Code and subject to the requirements of §4104 of the Public Contract Code. In addition, all contractors including subcontractors must submit proof of current registration to perform public work, pursuant to Labor Code §1771.1. Contractors are required to be properly licensed and to require all subcontractors to be properly licensed. Penalties for employing workers while unlicensed under Labor Code §1021 and under the California Contractors License Law, found at Business and Professions Code §7000 et. seq.

6. Job Site Notices: Contractors are required to post all required notices (posters) on the job site in an area accessible to all workers, including subcontractors. Posters must be readable and placed in visible areas allowing workers to access the posters before, during, and after work shifts. Jobsites with multiple locations must include a portable poster board to ensure continued access to the information. Posters placed in foreman, supervisor, or employee vehicles, in an offsite job trailer, or inside a temporary restroom do not meet the posting requirement. Posters may be printed from the DIR’s website at: http://www.dir.ca.gov/wpnodb.html.

7. Nondiscrimination in Employment – Equal Employment Opportunity (“EEO”):

Employment discrimination is prohibited, pursuant to Labor Code §1777.6, the Government Code, and Title VII of the Civil Rights Act of 1964.

8. Kickbacks Prohibited: Contractors and subcontractors are prohibited from recapturing wages illegally by accepting or extracting “kickbacks” from employee wages pursuant to Labor Code §1778.

9. Acceptance of Fees Prohibited: Contractors and subcontractors are prohibited from accepting fees for registering any person for public work or for filling work orders on public works contracts, pursuant to Labor Code §§1779 and 1780.

10. Unfair Competition Prohibited: Contractors and subcontractors are prohibited from engaging in unfair competition as specified under Business and Professions Code §§17200 - 17208.

11. Workers’ Compensation: Contractors and subcontractors must be properly insured for Workers’ Compensation under Labor Code §1861. Contractor hereby represents that Contractor is aware of the provisions of Section 3700 of the Labor Code, which require every employee to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor will comply with such provisions before commencing the performance of the work of this agreement.

12. OSHA: Contractors and subcontractors must abide by the Occupational, Safety, and Health Laws and regulations that apply.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-483, Version: 1
Fiscal Year 2023-24 NPDES Water Quality Monitoring Program Approve a Resolution approving the expenditure of $250,000 for the implementation of a water quality monitoring program for Fiscal Year 2023-24 per NPDES permit requirements.

City of Salinas Printed on 8/17/2023Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: AUGUST 22, 2023
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, DIRECTOR
BY: HEIDI NIGGEMEYER, NPDES PROGRAM MANAGER
TITLE: EXPENDITURE OF STORMWATER OPERATING BUDGET
FUNDS FOR IMPLEMENTATION OF FY 23/24 WATER QUALITY

MONITORING AND REPORTING PROGRAM TO MEET NPDES

PERMIT REQUIREMENTS

RECOMMENDED MOTION:

A motion to approve the expenditure of $250,000 for implementation of a water quality monitoring program for FY 2023/2024 per NPDES Permit requirements.

EXECUTIVE SUMMARY:

It is recommended that the City Council a pprove a resolution approving an expenditure in the amount of $250,000 for services related to the implementation and reporting of water quality monitoring requirements as stipulated in the City of Salinas NPDES Permit (Permit No.

CA0049981) for Permit Year 2023-2024.

BACKGROUND:

The City of Salinas was issued its current stormwater NPDES permit from the Central Coast Water Board (CCWB) in 2019. Attachment D of the NPDES permit outlines the minimum sampling, analysis, and reporting requirements the City must implement in its water quality Monitoring and Reporting Program (MRP) to be compliant with the NPDES permit. The Salinas stormwater MRP addresses the following:

 Urban Catchment Monitoring
 Receiving Water Monitoring
 Background Receiving Water Monitoring
 TMDL Program Monitoring

Ideally, results from the MRP can be utilized to assess pollutant loading to our local waterbodies as a result of activities within the City as well as from activities outside of our City limits Page | 2

(Agriculture). These results help determine the success of the implementation of stormwater management activities in addition to identifying areas that require further mitigation. This program implements water quality monitoring whose results are more representative of discharges from the City’s urban areas. The monitoring results from this MRP will provide data from which to make more informed programmatic decisions for implementation of the City’s stormwater program.

The City currently has a five-year Master Services Agreement (MSA) with 2NDNATURE approved by Council Resolution 21374 on May 1, 2018. Additionally, on March 6, 2023, this MSA was extended until May 2024. 2NDNATURE and their team of subconsultants includes scientists and technicians highly qualified and well regarded in the field of stormwater monitoring and stormwater program implementation. Staff requested that 2NDNATURE to provide a cost proposal for required MRP services for permit year 2023/2024. The sampling and monitoring required per the NPDES permit is detailed in the proposal provided by 2NDNATURE. In the attached proposal, Table 1 details the sampling requirements (frequency and monitoring constituents). The proposal provided by 2NDNATURE was reviewed by City Public Works Staff and was found to be consistent with the Master Services agreement and compliant with the NPDES permit, and reasonable for the work necessary to be completed for the current stormwater permit for fiscal year 2023/2024.

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:

Approval of the expenditure is in alignment with the City’s goal to maintain compliance with all regulatory permits and utilize the most cost-effective, efficient methods. This supports the City Council’s goals of an effective, efficient government and effective allocation of resources to achieve sustainability (Operational Efficiencies).

DEPARTMENTAL COORDINATION:

There is coordination with the Environmental Maintenance Wastewater staff during monitoring site maintenance and sample bottle collection.

FISCAL AND SUSTAINABILITY IMPACT:

Total funding in the amount of $250,000 for the Salinas stormwater Monitoring and Reporting Program (MRP) comes from the NPDES Stormwater Operating Budget (5126). The new FY 2023- Page | 3

2024 NPDES Stormwater Operating Budget for Public Works Cost Center 5126 was approved by Council on June 13, 2023. Sufficient funds are available to enter into this contract.

ATTACHMENTS:

Resolution 21374 Approving 2ndNature Master Services Agreement Dated May 1, 2018 Signed Amendment to the Master Services Agreement Dated March 6, 2023 Scope of Work
Resolution