Agenda Packet — Salinas City Council, August 22, 2023 (part 3 of 4)

RESOLUTION NO. _______(N.C.S.)
A RESOLUTION APPROVING THE EXPENDITURE OF $250,000 PER THE MASTER SERVICES AGREEMENT BETWEEN THE CITY OF SALINAS AND 2NDNATURE

FOR THE IMPLEMENTATION OF A WATER QUALITY MONITORING AND REPORTING PROGRAM FOR PERMIT YEAR 2023-2024 PER SALINAS

STORMWATER NPDES PERMIT REQUIREMENTS

WHEREAS, the City of Salinas was issued its current stormwater permit from the Central Coast Water Board (CCWB) in 2019, and
WHEREAS, the current stormwater permit has substantial water monitoring requirements in order to be compliant with the National Pollutant Discharge Elimination System (NPDES) permit, and s
WHEREAS, the City currently has a five -year Master S ervices Agreement with 2NDNATURE via Resolution 21374, approved on 1 May 2018; WHEREAS, an Amendment to extend the Master S ervices Agreement with 2NDNATURE until May 2024 was approved on 6 March 2023;
WHEREAS, The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378);
WHEREAS, 2NDNATURE is a team of scientists and technicians with expertise in water quality monitoring program design and implementation, and WHEREAS, 2NDNATURE has provided estimate of $250,000 for the p rovide services for FY 23/24, and
WHEREAS, Staff has reviewed this estimate and has found it to be consistent with the Master Services Agreement and reasonable and acceptable to complete the required monitoring program for the 23/24 fiscal year.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council, consistent with the authority granted to the City Council pursuant to Salinas City Code Section 12 -27, approves the expenditure of $250,000 per the Master Services Agreement between the City of Salinas and 2NDNATURE for services related to the implementation of a water quality monitoring and reporting program; and

Page 2 of 2 ends

BE IT FURTHER RESOLVED that the Mayor of Salinas is hereby authorized and directed, for and on behalf of the City of Salinas, and as its act and deed, to approve the expenditure of $ 250,000 for services related to the implementation of the City’s Permit Year 2023/2024 NPDES water quality monitoring program.

BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute modifications, as necessary.

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

|1
City of Salinas
Monitoring and Reporting Program WY23/24
Scope and Budget

DESCRIPTION & PERMIT REQUIREMENT
The City of Salinas is required to perform a Monitoring and Reporting Program (MRP) as indicated in Section K and Attachment D of the NPDES permit. The current MRP was adopted in July 2017 and is in its sixth monitoring year. The City will continue with the current MRP progra m for a seventh monitoring season, while a redesigned MRP is refined and approved by the Water Board. Resources under this scope will therefore support the monitoring and reporting program under the current and approved MRP. This monitoring includes continuous hydrology measurements and water quality stormwater sample collection at three urban drainage outfalls to directly sample and better understand the stormwater volume and pollutant loads generated from the City and discharged to regulated receiving waters. Water quality samples are collected at Gabilan and Natividad upstream of the Salinas MS4 boundary to determine water quality conditions associated with upstream drainages. All data collected will be managed, reviewed, synthesized, and summarized in annual report.

CONTRACT OBJECTIVES :
● Coordinate all stakeholders and consultants to effectively monitor stormwater to meet permit compliance including field sampling teams at urban outfalls, receiving waters, and analytical laboratories.
● Perform and collect stormwater samples at designated urban outfalls for a minimum of three rain events.
● Perform and collect stormwater samples at background receiving water sites and receiving water site at nine visits per year.
● Compile all analytical, hydrology, and water quality data and synthesize into an annual report for the City to submit to the Regional Board.

BUDGET : $250,000
Site Classification Site ID
Photo Monitoring
Flow (cfs)
Precipitation
Temperature
Total Suspended Solids (TSS)
Total Dissolved Solids (TDS)
Turbidity
Fecal Coliform
pH
Conductivity
Dissolved Oxygen
Hardness
Total Ammonia
Unionized Ammonia
Total Nitrogen
Nitrate + Nitrite (as N)
Orthophosphate
Total Phosphorus (as P)
Total Arsenic
Total Cadmium
Total Copper
Total Lead
Total Nickel
Total Zinc
Dissolved Zinc
Pyrethroids
Fipronil
Imidacloprid
Hyalella Azteca (96-hr)
Chironomus dilutus (96-hr)
Benthic Invertebrate and Algae
Associated Habitat Assessment
Toxicity: Hyalella Azteca (10-day)
Pyrethroid Pesticides in Sediment
Sediment Grain Size
Total Organic Carbon
RD730 I W I PPPPPP PPP PP PPPP P CC
RD513 I W I PPPPPP PPP PP PPPP P CC
RD518 I W I PPPPPP PPP PP PPPP P CC
3 0 9 U 1 9 F FW F G F F G F F F GGG GG GGGG G GG
309 ALD F F F G F F G F F F GGGGGGGGGGGGGGG G G G GGG G G G 309DAV GG
309GAB F F F F F G F F F GGG GG GGG G
309NAD F F F F F G F F F GGG GG GGG G
G Grab Sample Annually; Continuous ‐ instruments @ 10 min, weather precip @ 60 min volume C Composite of Passive Samples Annually; at least 3 rain events including first flush; up to 4 discrete samples per event P Passive sampler ‐ discrete Annually; First Flush only; up to 4 discrete samples per event at instrumented outfalls I Instrumentation Yr 1 and Yr 5; First Flush only; composite of up to 4 samples per event F Field Measurement One yr only ‐ monthly Oct ‐ Apr (include 2 rain events: first flush event +1 other) and 2 dry months ‐July and Sep W Weather Station One year only ‐ once in dry, once in wet season One year only ‐ once in spring
Annually; monthly Oct ‐ Apr (include 2 rain events: first flush event +1 other) and 2 dry months ‐July and Sep Annually; First Flush Only
Sediment Analyte
Suite
Urban Drainage
Outfall
Receiving Water
Background
Receiving Water*
Sample Type Frequency Key
Parameter Groups Traditional Water Quality Suite
(Nutrients & Chemical) Metals Organics Water
Toxicity
Bio
Assess
ments
* All analytes but fecal coliform will be sampled and analyzed under the CMP program. The MRP addresses sampling and analysis for fecal coliform and First Flush analytes.

TABLE 1
Monitoring and Reporting Program analyte schedule at all moni- toring stations.
|2
|3

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-488, Version: 1
Declaration of City-Owned City of Salinas Real Property at 1341 Mercer Way as Exempt Surplus Land Approve a Resolution declaring city-owned real property at 1341 Mercer Way, immediately adjacent to the Salinas Municipal Airport, as Exempt Surplus Land pursuant to the Surplus Land Act California Government Code Section 54221.

City of Salinas Printed on 8/17/2023Page 1 of 1
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: AUGUST 22, 2023

DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
BY: MICHAEL GOMEZ, ECONOMIC DEVELOPMENT ANALYST

TITLE: DECLARATION OF CITY-OWNED REAL PROPERTY AT 1341

MERCER WAY AS EXEMPT SURPLUS LAND

RECOMMENDED MOTION:

A motion to approve a Resolution declaring city-owned real property at 1341 Mercer Way, immediately adjacent to the Salinas Municipal Airport , as Exempt Surplus Land pursuant to the Surplus Land Act California government code 54221 .

EXECUTIVE SUMMARY:

The City of Salinas (City) is the owner of real property (13.25 acres) at 1341 Mercer Way located immediately adjacent to the Salinas Municipal Airpo rt, bordered by Airport Boulevard, Skyway Boulevard, Mortensen Avenue, and Mercer Way, and identified as Monterey County Assessor’s Parcel Number (APN) 003 -862-001-000 in the City of Salinas, California (Property), as more specifically described on the attached “Exhibit A” attached to the Resolution and incorporated by referenced herein.

The Property is within the Airport Overlay District which prohibits the development of housing due to noise and safety concerns. The recommended action is for the City Council to declare the P roperty “Exempt Surplus” as a requirement of the Surplus Lands (SLA) Act to have the ability to enter into agreements for the private development of the Property with business industrial uses , which will lead to future revenue generation and job creation for the City.

BACKGROUND:

Surplus Lands Act. The SLA took effect on January 1, 2020, with the California Department of Housing and Community Development (HCD) issuing implementing Guidelines in April 2021. The Guidelines specify that any lease agreements with a term of five years or more are subject to the requirement of the SLA. This includes a requirement that a local jurisdiction declare property to be “Surplus Land” or “Exempt Surplus Land” prior to any disposition, including a lease.

Borelli Project Proposal . In October 2017 Borelli Investment Inc. (Borelli) indicated interest in developing the Property, and requested the City enter into an Exclusive Negotiating Rights Agreement (ENRA). Below is an outline of chronology of the Borelli Project Proposal for development of the

Page | 2
Property as an industrial business park.
 On February 20, 2018, City Council approved Resolution 21343 authorizing the execution of an ENRA with Borelli to develop the Property.
 On August 13, 2019, City Council approved Resolution 21672 authorizing execution of a First Restated Exclusive Negotiations Right Agreement (that represented an expansion of the scope of a previously adopted ENRA to include the possibility of a property exchange of the current Public Works Corporation Yard and potential construction of a new Public Works Corporation Yard for the City of Salinas.
 On May 12, 2020 , City Council certified the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (Resolution 21844) and approved a Ground Lease, Property Exchange Agreement, and Sublease (Agreements) with RNB Associates, Inc and Green Valley Corporation (Resolution 21845).

DISCUSSION:

The 2020 COVID-19 Pandemic halted the proposed project and the City decided not to move forward with the Property Exchange Agreement and the development of a new City Corporation Yard on the Property. Presently the City of Salinas continues to negotiate with Borelli to develop the entire Property as a business industrial park. As a result of the removal of the City Corporation Yard from the project scope, an Addendum to the ISMND and a new Lease Agreement is required.

At the time of approval of the Agreements, the Property was exempted under a grandfather clause however, the requirement was to complete the disposition/lease of the Property on or before December 12, 2022, and that deadline has passed. To continue ongoing project negotiations and to enter into new Agreements to develop the 13.25 Acre parcel with Borelli, the City must declare the land to be “Surplus Land” or “Exempt Surplus Land,” even if the land is not actually surplus.

The SLA provides that land that is subject to valid legal restrictions prohibiting the developmen t of housing may be found to be “Exempt Surplus Land.” The Federal Aviation Administration (FAA) has, through its Order 5190.6B, prohibited the development of housing at federally obligated public use airports, due to noise and safety concerns, the FAA Ord er indicated that residential development is incompatible with airport operations (Section 20.3(a)), incompatible with public use airports (Section

20.3(b)), conflicts with federal grant assurance and surplus property requirements (Section 20.4(B)), and th at the FAA will not release an airport from its federal obligations and allow residential development (Section 20.4(b)). This restriction is applicable to the entirety of the Airport Overlay District. Therefore, staff has determined that a finding that the Property directly adjacent to the Salinas Municipal Airport as “Exempt Surplus Land” is appropriate.

CEQA CONSIDERATION:

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

STRATEGIC PLAN INITIATIVE:

This item further promotes the City Council Goal of Economic Development as it is a required step to Page | 3
allow the City to enter into agreements for the private development of the Property which would result in the creation of jobs and would generate additional revenues for the City and the Salinas Municipal Airport.

DEPARTMENTAL COORDINATION:

The Public Works Department’s Airport Division and Legal Department also assisted with the preparation of this item.

FISCAL AND SUSTAINABILITY IMPACT:

The declaration of the Property as “Exempt Surplus Land” will have no financial impact upon the City.

The “Exempt Surplus Land” declaration will provide the City the ability to continue negotiations and enter into agreements for the private development of the Property, as described in the report, which will lead to future revenue generation and job creation for the City.

ATTACHMENTS:

Proposed Resolution
Exhibit “A” Aerial Photo of Site

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

A RESOLUTION OF THE COUNCIL OF THE CITY OF SALINAS DECLARING CITY OWNED PROPERTY AT 1341 MERCER WAY, ADJACENT TO THE SALINAS

MUNICIPAL AIRPORT AS EXEMPT SURPLUS LAND PURSUANT TO THE SURPLUS LAND ACT GOVERNMENT CODE SECTION 54221

WHEREAS, the City of Salinas (“City”) is the owner of that real property located at 1341 Mercer Way immediately adjacent to the Salinas Municipal Airport, bordered by Airport Boulevard, Skyway Boulevard, Mortensen Avenue, and Mercer Way (“Property”) and identified as Monterey County Assessor’s Parcel Number (APN) 003 -862-001-000 in the City of Salinas, California as more specifically described on the attached “Exhibit A “attached hereto and incorporated by referenced herein; and

WHEREAS, the Property is no longer necessary for the City’s use; and

WHEREAS, the Airport is a Federally Obligated Airport used by the public and is subject to oversight by the Federal Aviation Administration (“FAA”); and

WHEREAS, Chapter 20 of FAA Order 5190.6B (“FAA Order”) provides direction to Federally Obligated Airports regarding land use; and

WHEREAS, due to noise and safety concerns, the FAA Order indicated that residential development is incompatible with airport operations (Section 20.3(a) ), incompatible with public use airports (Section 20.3(b) ), conflicts with federal grant assurance and surplus property requirements (Section 20.4(B) ), and that the FAA will not release an airport from its federal obligations and allow residential development (Section 20.4(b)), and

WHEREAS, the Property is not suitable for residential housing due to its location in the immediate vicinity of the Airport, where residential uses are not permitted pursuant to the FAA Order nor are they located within a coastal zone or the Lake Tahoe region, adjacent to an historical unit of the State Parks System, or listed or eligible for the National Register of Historic Places; and

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

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council finds and declares the Property to be Exempt Surplus Land pursuant to California Government Code Section 54221 (f)(1)( G), as the FAA has placed a valid legal restriction prohibiting housing at or immediately adjacent to the Airport and there is no feasible method to satisfactorily mitigate or avoid this prohibition.

2 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

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-492, Version: 1
Professional Services Agreement with Rowe Policy and Media Inc for the Cannabis Social Equity Assessment
Approve a Resolution authorizing the City Manager or designee to execute an Agreement for Professional Services with Rowe Policy and Media Inc (RPM) for a total compensation amount not to exceed $84,350 to apply for grant funding for and to prepare the Cannabis Social Equity Assessment for the City of Salinas; and authorizing the submission of applications for, and acceptance of grants to offset the cost of Cannabis Equity Assessment preparation.

City of Salinas Printed on 8/17/2023Page 1 of 1
powered by Legistar™

Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: AUGUST 22, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT
FROM: LISA BRINTON, DIRECTOR
BY: MICHAEL GOMEZ, ECONOMIC DEVELOPMENT ANALYST
TITLE: AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE

CITY OF SALINAS AND ROWE POLICY & MEDIA INC

RECOMMENDED MOTION:

A motion to approve a resolution authorizing:

1. the City Manager or designee to execute an Agreement for Professional Services (Agreement) with Rowe policy and Media Inc (RPM) for a total compensation amount not to exceed $84,350 to apply for grant funding for and to prepare the Cannabis Social Equity Assessment for the City of Salinas; and

2. the submission of applications for, and acceptance of grants to offset the cost of Cannabis Equity Assessment preparation.

EXECUTIVE SUMMARY:

Pursuant to Chapter 16B and the California Medical Cannabis Regulation and Safety Act (MCRSA), the City of Salinas adopted regulations relating to the acceptance and pro cessing of permits for commercial cannabis businesses (Resolution # 20957, May 17, 2016) and began accepting applications for medical commercial cannabis businesses in June 2016. Article VII of the Salinas Municipal Code outline s the regulation of cannabis activity in the City of Salinas as well as the identification of policies and recommended measures that promote the development of businesses in the commercial cannabis industry.

In 2018, the State of California passed SB 1294, known as the California Cannabis Equity Act.

The purpose of the Act was to ensure that people who were most harmed by past cannabis criminalization and poverty have assistance to enter the legal cannabis industry. Staff prepared a Request for Proposals seeking a consultant team to secure funding from grants in order to complete a comprehensive Cannabis Equity Assessment (Study) for the cannabis industry in the City of Salinas. RPM is the recommended consultant tea m to complete the Study and to a ssist in developing an equity program.

Page | 2
BACKGROUND:

Request for Proposals
On April 12, 2023, the City released a Request for Proposals (RFP) to assist with securing grants to complete a comprehensive study of the cannabis industry in the City of Salinas. The RFP, provided as an attachment to this staff report, sought consultant services to provide data collection and analysis through an equity lens, including but not limited to disaggregating existing data and data collected to identify disproportionate impacts by racial, ethnic, and economic demographics.

The selected consultant would also need to understand grant application processes and the capacity to carry out the Study once funding is secured.

Consultant Selection
The City received six proposals by the April 21, 2023, deadline. Consultant selection was divided into three phases.

1. City staff reviewed, rated , and ranked the written proposals based on qualifications and experience related to the requested scope of work.

2. All firms were selected to move forward to a panel interview. Panelists included City staff.

3. The highest scored consultant utilizing the average of both RFP score and panel interview score was selected.

Based on rating and ranking, RPM scored the highest, meeting all the requirements of the RFP scope of work and demonstrated grant writing and community engagement experience.

DISCUSSION:

RPM is a collaborative team of researchers that have been working on social equity efforts through workforce development, entrepreneurial technical support, educational attainment, criminal justice reform and harm reduction projects for over two decades. This team will bring insights to the questions asked, listen patiently, then apply local knowledge to what they have learned across the state. The result will be a multiphase study, done on a lean budget that will leave the City of Salinas and its Community Development efforts with the best chances for successful, compliant cannabis businesses and create new oppor tunities for good jobs and wealth creation especially in communities disproportionately impacted by the “War on Drugs”.

The RPM’s research, design, and implementation team are currently at the forefront of California Department of Cannabis Control funded research in the areas of sociodemographic of owner operators in the state, which gives them an understanding of illicit markets, and the conditions of failure and success with the cannabis i ndustry labor pool. They have been a part of the inception and evolution of the cannabis industry and are working with cities across the State and Country to meet great market and financial challenges.

Page | 3
Scope of Work and Schedule
The complete phased scope of work and schedule are provided as an attachment to this report. In summary, the grant application and preparation of the study is projected to take nine months from project kick off. The term of the Agreement is August 22, 2023, to September 30, 2023. Primary deliverables that will become part of the Study include

 preparation and submittal of Type 1 GO-Biz application for funding,  preparation of a standard grant proposal application template for Salinas (City staff may modify this grant for other funding opportunities that come along),  completion of a data-informed Cannabis Social Equity Assessment, and  policy recommendations to guide the creation of a local cannabis equity program alongside on community investment of cannabis revenue on neighborhoods most harmed by the “War on Drugs.”

Community engagement will include surveys, pop-ups, and stakeholder and community meetings.

DEPARTMENT COORDINATION:

Community Development Department staff led RFP preparation, consultant selection process, and final scope and budget negotiation . The Legal Department also assisted with finalizing the Agreement for Professional Services.

CEQA CONSIDERATION:

The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). 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 activit ies excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

STRATEGIC PLAN INITIATIVE:

The preparation of the Study furthers the City Council Strategic Plan Goals of Economic Development by supporting and engaging small, large, and entrepreneurial business. Promote Salinas as a desired destination for business and Effective and Culturally Responsible Government by establishing an Equity Plan. Provide Diversity, Equity, and Inclusion (DEI) training for policymakers. Make the government services more accessible and culturally responsible for non - English speaking residents.

FISCAL AND SUSTAINABILITY IMPACT:

The total not to exceed compensation amount is $84,350. The initial direct impact to the general fund will be a total of $10,500 for the submittal of the grant application to offset the remaining balance of $73,850. If the grant is not awarded, the City intends to move forward, and the entire amount will be funded by the General Fund – Non Departmental (1000.80.8005-64.5820).

Page | 4
ATTACHMENTS:

1. Resolution for Professional Services between the City of Salinas and Rowe Policy and Media Inc.
a. Exhibit A: Agreement for Professional Service with Rowe Policy and Media Inc.

2. Rowe Media Policy and Media Inc. Proposal

3. Request for Proposal for Cannabis Social Equity Assessment for the City of Salinas

RESOLUTION NO. (N.C.S.)

A RESOLUTION OF THE SALINAS CITY COUNCIL AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO ENTER INTO AN AGREEMENT FOR

PROFESSIONAL SERVICES WITH ROWE POLICY & MEDIA INC TO APPLY FOR

GRANT FUNDING AND COMPLETE A CANNABIS SOCIAL EQUITY ASSESSMENT FOR THE CITY OF SALINAS FOR AN AMOUNT NOT TO EXCEED $84,350

WHEREAS, pursuant to Chapter 16B and the California Medical Cannabis Regulation and Safety Act (MCRSA), the City of Salinas developed regulations relating to the acceptance and processing of permits for commercial cannabis businesses (which were approved by the City Council on May 17, 2016) and began accepting applications for medical commercial cannabis businesses in June 2016; and

WHEREAS, in 2018, the State of California passed SB 1294, known as the California Cannabis Equity Act. The purpose of the Act was to ensure that people who were most harmed by past cannabis criminalization and poverty have assistance to enter the legal cannabis industry; and

WHEREAS, a primary objective of the Cannabis Social Equity Assessment is to provide policy recommendations to guide the creation of a local cannabis equity program alongside recommendations on community investment of cannabis revenue on the neigh borhood most harmed by the “War on Drugs”; and

WHEREAS, staff prepared a Request for Proposals seeking a consultant team to secure funding from grants in order to complete a comprehensive Cannabis Equity Assessment (Study) for the cannabis industry in the City of Salinas and received six proposals by the April 21, 2023 deadline; and

WHEREAS, based on staffs’ review of the written proposals and a panel interview Rower Policy and Media Inc. (RPM) scored the highest, meeting all the requirements of the RFP scope of work and demonstrated grant writing and community engagement experience; and

WHEREAS, this action is not a project as defined by the California Environmental Quality Act (CEQA) Section 15061 (b) (3) as there is no possibility that the action may have a significant effect on the environment . Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the City Manager or designee to
1) enter into an Agreement for P rofessional Services (Agreement) with RPM for an amount not to exceed eighty-four thousand three hundred and fifty dollars ($84,350) to apply for grant funding and to prepare the Cannabis Social Equity Assessment for the City of Salinas; and
2) to apply for and enter into agreements for grants relating to the preparation of a Cannabis Equity Assessment.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
ROWE POLICY and MEDIA, INC.

1 City of Salinas Contact:

Megan Hunter, Community Development Director
Phone: (831) 758-7408
Email: [email protected]
Community Development Department
65 West Alisal Street, Suite 201
Salinas, CA 93901

Consultant’s Designated Lead Contact Person:

Brad Rowe, President of Rowe Policy and Media, Inc.

Phone: (213) 500-8170
Email: [email protected]

May 12, 2023

Dear Director Hunter,

Rowe Policy and Media, Inc. (RPM) is pleased to offer services for the Community Development solicitation “Cannabis Social Equity Assessment for the City of Salinas” request for proposals.

RPM has been working on social equity efforts through workforce development, entrepreneurial technical support, educational attainment, criminal justice reform and harm reduction projects for over two decades.

The social equity program assessment and ensuing project design and implementation are important for several reasons. Salinas is an historic agricultural community with the opportunity to make the economic leap forward by staying true to the values it has set out in earlier community work and by engaging a vibrant and diverse cannabis business community. The City Council has set the stage with cannabis ordinances that may wedge open the door a new generation of opportunities. Small and minority owned businesses will need as much help as they can get to overcome the regulations and taxation that is challenging new cannabis businesses statewide. RPM sees openings for growth and improvements for marginalized communities by optimizing local resources.

The research team assembled to assess the current equity situation and design the foundations for a new industry are second to none. From data collection, qualitative methods, literature review, social sciences, economics, equity, labor, and other critical areas; this team will bring insights to the questions asked, listen patiently, then apply local knowledge to what they have learned across the state. The result will be a multiphase study, done on a lean budget that will leave the City of Salinas and its Community Development efforts with the best chances for successful, compliant businesses and new opportunities for good jobs and wealth creation especially in communities disproportionately impacted by the War on Drugs.

ROWE POLICY and MEDIA, INC.

2 Rowe Policy and Media, Inc. was born out of work with the most socio-economically disadvantaged job seekers, criminal justice involved, and marginalized men and women in California. The team assembled has worked with hundreds of first-generation immigrants and those in reentry who are looking for a hand up into better opportunities. We know how to open doors, assess where the gaps exist, activate community networks, and pull in resources to best position workers and entrepreneurs for success. This work has continued as we have developed curriculum for social equity cannabis businesses, trained businesses to develop compliant and tax paying businesses, and in many cases make the transition from the unlicensed market to the regulated California cannabis industry.

The RPM research, design, and implementation group assembled for this bid are currently at the forefront of California Department of Cannabis Control funded research in the areas of sociodemographic of owner operators in the state, an understanding of illicit markets, and the conditions of failure and success with the cannabis industry labor pool. We have been a part of the inception and evolution of the industry and are working with cities across the State and Country to meet great market and financial challenges.

RPM has recently completed a series of equity studies including “A History of the War on Drugs”, “Lived Experience of the War on Drugs” and “Best Practices and Recommendations for Social Equity Programs” for the City of Sacramento; over a hundred hours of digital content across all license types designed to support social equity cannabis businesses to succeed; a monthly podcast on tools for success for social equity entrepreneurs and the text book “Cannabis Policy in the Age of Legalization” (for Cognella Publishing) which includes dozens of interviews with social equity subject matter experts written by RPM’s founder.

Some of the team here are the top social equity advocates and researchers in the country and are highly sought after for their experience, compassion, innovation, energy and scientific expertise. This group comes from key stakeholder positions in Oakland, Mendocino, Los Angeles and out of state. RPM conducted the first cannabis jobs analysis in the State which resulted in Long Beach reducing its non-retail cannabis excise tax resulting in rapid economic growth and a doubling of tax revenue.

The team crosses historic legacy experience and skill sets across industries to better inform the important questions brought about in this proposal. We are poised to address the needs of the social equity community. First, we listen with respect and deference. Next, we synthesize what we heard with our deep experience. Finally, we bring our best recommendations to the City, its elected officials and those that will be building the next generation of successful businesses in Salinas.

In 2000 RPM started developing curriculum in workforce classrooms on Skid Row and in the Valley in Los Angeles. The media side of the business told the stories of women immigrating ROWE POLICY and MEDIA, INC.

3 through the Sonoran Desert and the obstacles faced, leveraged that work to produce dozens of Spanish language documentary stories of economic perseverance, leadership and community building in Mexico, Colombia and Panama. Around 2010 that work shifted to developing educational opportunities for marginalized families and those coming back to communities from time in the criminal justice system. That evolved to work with Mississippi and Illinois and Massachusetts and speaking truth to power to systems that produced school to prison pipelines, dropout factories, and mass incarceration.

In 2013 RPM had its first taste of government cannabis policy work with the State of Washington as they were developing their programs. Since then, it has worked with dozens of communities, states across the country, associations, and the workers they represent. The industry evolves and so do the answers to its problems. This group this thrilled to have the chance to step up and bring its expertise to lifting the social equity program in Salinas.

We were happy to think through an approach that should bring the most value and fuel to launch a bigger and better social equity effort in the City of Salinas.

Sincerely

Brad Rowe

ROWE POLICY and MEDIA, INC.

4 The following is a response to the “Cannabis Social Equity Assessment for the City of Salinas”

RPM TEAM BIOGRAHIES, ORGANIZATIONAL CHART AND RESPONSIBILITIES:

For the City of Salinas, Rowe Policy and Media will utilize the following Researchers, Community Activists, and Consultants

PROJECT TEAM
Illustrating team members assigned to the project. Assigned Roles:
• Brad Rowe – Project Lead
Rest of research and implementation team members listed Alphabetically. • Amanda Reiman - Social Equity Business Data Lead
• Amber Senter - Social Equity Program and Business Lead • Andrew DeAngelo - Social Equity Operation, Industry and Criminal Justice Reform Consultant
• Daniella Hagopian – Community Outreach Social Media Consultant • Dilara Uskup – Qualitative Survey and Interview Lead
• Erin Espinosa - Data Leads
• Kristin Nevedal – GoBiz Grant Writer
• L. Jani Shepperd – Bias and Cultural Competency, DEI specialist • Rob Chlala – Quantitative and Mapping Lead
• Stephanie Thomas – Social Equity Operator Consultants

The research and implementation Study team operates within a flat structure. This is done to help the operation increase performance, encourage collaborative decision making, and direct communication through efficiency and flexible group organization and reorganization in which one person is point on one sub-task and supports on the next. All team members are established professionals at the top of their fields and can handle being challenged. All work is coordinated through Brad Rowe and is reviewed, commented on, and edited in through a dual and sometimes multi-directional process. Each researcher that is involved in each of the subtasks will report to a key responsible individual for that task collaboratively. There is necessary overlap of skills across domains and the key for one subtask will be a non-key for other tasks.

ROWE POLICY and MEDIA, INC.

5 RPM FLAT STRUCTURE

All workers will be available for the duration of the project. In the event a team member substitution is required, RPM will nominate and solicit approval from the City. That individual will be of like/ equal caliber, collaboration, and productivity.

TEAM BIOS

Brad Rowe, M.P.P. (STUDY LEAD) is a Lecturer and Researcher in Criminal Justice and Drug Policy at the UCLA Luskin School of Public Affairs. He is founder and President at Rowe Policy and Media where teams provide technical assistance to Social Equity Licensees and applicants as well as curriculum and media production capacity to municipalities and states. He recently completed authorship of “A Brief History of the War on Drugs”, “Lived Experience of the War on

ROWE POLICY and MEDIA, INC.

6 Drugs” and “Social Equity Program Best Practices and Recommendations” reports for the City of Sacramento’s social equity program. He is a faculty member and policy advisor to the UCLA Center for Cannabis and Cannabinoids and Associate Editor at the Cannabis and Cannabinoid Research Journal Associate Editor. Rowe created Public Affairs 136 “Cannabis Policy and Society” and authored “Cannabis Policy in the Age of Legalization” a Cognella Publishing textbook for university level cannabis policy coursework – both first of their kind in the country.

Rowe started equity work in 2000 with the creation of workforce curriculum for marginalized and homeless job seekers – programs he customized in 2011 for post-earthquake Haitian relief workers and educators. For over a decade he worked with the Spanish speaking immigrant community in the Valley to help overcome employment obstacles. His work with the United Way of Greater Los Angeles centered around advocating for greater access to education and opportunities for underserved low-income California families. Rowe has designed, implemented, and delivered over a dozen cannabis and criminal justice reform related public policy evaluations, research projects and implementations over the last decade through his time running BOTEC Analysis (clients: Washington State Liquor and Cannabis Board, Massachusetts Probation, Mississippi Attorney General, Winnebago County reentry strategies), researcher at UCLA (clients: LAPD Foundation), as a Fellow and Founding Executive Director at NYU Marron Institute of Urban Management’s Criminal Justice Program (Clients: Cannabis Science and Policy Summit), as senior policy advisor at Avenu/MuniServices Cannabis Compliance (Clients: California Municipalities and CA League of Cities), and contract research firm to Evident Change (Clients: Los Angeles Department of Probation) Los Angeles Metropolitan Churches (Los Angeles Department of Cannabis Regulation, technical assistance to social equity licensees), the UCLA Department of Family Medicine (Socio-demographic research for CA Department of Cannabis Control) and UCLA Center for Cannabis and Cannabinoids (Potency Tax Feasibility Study for CA Department of Cannabis Control). Rowe has produced over a hundred hours of digital social equity training content. Rowe lived and worked in Spain and Puerto Rico for two years and has produced and over a dozen Spanish language documentary films.

Rest of team listed alphabetically.

Amanda Reiman, Ph.D. has a master’s degree in social work with a focus on community and administrative practice. During her practicum she worked on community development in vulnerable communities in Chicago. She earned a PhD in Social Welfare from UC Berkeley in 2006 with pre- and post-doctoral work in Public Health. There she studied the community health aspects of medical cannabis dispensaries and patient experiences in the San Francisco Bay Area and has continued to conduct public health research with this population. She taught at UC Berkeley for 10 years post-graduation, including survey research design, program evaluation and drug and alcohol policy. In 2010 she became the Chair of Berkeley's Medical Cannabis Commission. They were charged with being a communication conduit between the public and elected and regulatory officials. In 2013 she was appointed to the Cannabis Regulatory Commission for the City of Oakland. This position lasted through state legalization, ROWE POLICY and MEDIA, INC.

7 and before she left the post in 2017, had assisted the city in creating the country's first cannabis equity program. The Commission was involved in determining eligibility criteria and program components. At the time, she was disappointed with the lack of technical assistance that was being offered through the program, so she helped a group of women start The Hood Incubator, to provide technical business assistance to equity program participants.

In addition to research and community work, Reiman has extensive experience in policy and program development. As Manager of Marijuana Law and Policy for the Drug Policy Alliance, she worked very closely with local and state agencies as well as community organizations around issues related to social justice and the drug war. She also led the education component of the Prop. 64 campaign in California and was an active participant in the drafting of social service and equity provisions. Currently, she works for New Frontier Data, an international cannabis think tank that conducts survey research and develops data driven economic market models for the industry, governments, and others.

Amber Senter has over twenty years of marketing and project management experience. She heads fundraising, supply chain management, government relations, strategy, product development and marketing for MAKR House. Senter is co-founder, Chair of the Board, and Executive Director of Supernova Women. Formed in 2015, the organization is dedicated to empowering people of color to become self-sufficient cannabis industry shareholders. She is a US Coast Guard Veteran and has held many leadership roles in the cannabis industry. As the former Chief Operations Officer (COO) of an Oakland dispensary, her primary responsibility was to create and implement procedures to improve sales and increase profitability. While at the dispensary she obtained Oakland’s first onsite consumption permit. Her voice is trusted in the growing cannabis industry as a role model for new cannabis business entrepreneurs.

Senter’s organization, Supernova Women, worked with the City of Oakland to establish the first social equity program in the nation. They worked with CA Senator Steven Bradford's office to create SB1294, the bill that funds local social equity programs throughout the state of California. Most recently Supernova Women has worked with the City of Oakland to create the country's first social equity workforce development program for cannabis. In her for-profit business, MAKR House, they have launched EquityWorks! Incubator, the first shared social equity cannabis manufacturing facility in the country. Senter is constantly working to lower barriers of entry for Black and Brown people, and for communities most impacted by the failed War on Drugs.

Andrew DeAngelo is a Global Cannabis Consultant & Strategic Advisor and Executive Coach who builds organizations from the ground up. Andrew is also a founding Board of Directors member of the California Cannabis Industry Association (CCIA), the premier cannabis industry trade association in California, where he served from 2013 to 2020 building the organization from zero to 500 member companies. He is co-founder and chairperson for the non-profit Last Prisoner Project (LPP). LPP’s mission to free and re-integrate all cannabis prisoners on earth into mainstream society. He was born in 1967 in India and spent over three decades as an activist, Andrew worked on a variety of voter initiatives which legalized medical and adult-use ROWE POLICY and MEDIA, INC.

8 cannabis in San Francisco, Washington D.C., and California. During his almost 13-year tenure at Harborside, Andrew pioneered legal cannabis business processes and provided groundbreaking political engagement and thought leadership to the cannabis community. DeAngelo led the design and development of gold-standard cannabis retail by innovating many “firsts” for the industry including the introduction of CBD medicines to heal severely epileptic children as documented in Discovery Channel’s Weed Wars, implementing the first lab-testing program in the history of cannabis dispensing, creating child-resistant packaging for edibles, standardizing inventory tracking, initiating senior outreach, successfully preventing the federal government from seizing Harborside in forfeiture actions against the company in 2012. Andrew and his brother Steve DeAngelo recently formed DeAngelo Brothers Productions (DAB), producing and distributing cannabis related content over a variety of mediums and platforms.

Daniella Hagopian, M.P.P. is a digital strategist who is passionate about creating accessible political education content. With over 5 years of experience in digital strategy and video production, Dani has created impactful, high-performing content across all social platforms.

Dani's goal is to contribute to building a safer world for everyone. They believe in the importance of sharing the lived experiences of underrepresented communities to continue challenging the status quo. Dani has worked with a wide range of clients such as MIT CoLab, Rowe Policy and Media, and Urban Resource Institute, and is always striving to promote social justice through their work. Whether she's developing social media campaigns, crafting video content, or devising innovative digital strategies, Dani approaches each project with creativity, passion, and purpose. She is dedicated to using their skills to make a positive impact on the world. With her passion for world-building and social justice, Dani is sure to continue making a meaningful contribution to the digital world and society at large.

Dilara K. Üsküp, Ph.D., Ph.D. is an Investigator in the Department of Family Medicine at the University of California, Los Angeles, and an Assistant Professor in Internal Medicine at Charles R. Drew University of Medicine and Sciences. She collaborates and consultants with faith-based and faith-placed cannabis organizations that are engaged in social justice work around incarceration/citizen reentry, employment/job creation, economic development, health equity, and cannabis social equity. She is co-principal investigator of CaliCANN, a demographic analysis of the state of California cannabis market. Professor Üsküp previously was a Visiting Assistant Professor at Scripps College where she taught courses on American politics, public policy, gender/sex/sexuality, and religion and politics. Uskup has consulted for the City of Los Angeles Department of Cannabis Regulation, County of Los Angeles Office of Cannabis Management, the City of Sacramento Office of Cannabis Management, corporations, non-profit organizations, and governments across federal, state, and local sectors. After graduating early from the University of Michigan, Ann Arbor’s Gerald R. Ford School of Public Policy Dr. Üsküp served as a White House Intern in the Domestic Policy Council’s Office of National AIDS Policy. There she authored a presidential memorandum, entitled “Establishing a Working Group on the Intersection of HIV/AIDS, Violence Against Women and Girls, and Gender-related health Disparities,” that was signed by then President Barack Obama in March 2012. She was the first ROWE POLICY and MEDIA, INC.

9 in the University’s history to be awarded both a Ph.D. in political science and a Ph.D. in theology from the Divinity School and is an ordained minister. Her burgeoning research portfolio includes the areas of politics and theology, HIV prevention, cannabis and social equity, and health policy.

Dr. Üsküp is also the founder and owner of Pink Paper Productions® LLC. (PPP). PPP is a woman- owned procurement, research, & management consulting small business. It specializes in innovative scientific and research evaluation, assessment, organizational design, human performance enhancement, project management, data analytics, training and curriculum development, teaching & facilitation, and technical assistance. Its current foci include but are not limited to cannabis social equity and implementation, health disparity elimination, and small business development.

Erin M. Espinosa, PhD joined Evident Change in 2019 and had served as the Director of the Texas Center of the Institute for Innovation and Implementation out of the University of Maryland’s School of Social Work, and as a consultant for the Child, Adolescent, and Family Branch’s (CAFB) Children’s Mental Health Initiative (CMHI) of the Substance Abuse and Mental Health Services Administration (SAMHSA). In her more than 25 years working in and researching child- and family-serving systems at the local, state, and national levels, Erin has published widely, presented research findings, conducted trainings, provided technical assistance, and undertaken or directed a wide range of implementation- and research-related efforts in criminal justice, juvenile justice, substance abuse, mental health and the systems interface impact on children and families. Her primary research interest is in using and translating data to bridge research to policy and practice for families engaged in social service systems in the United States.

Kristin Nevedal is a subject matter expert in the areas of cannabis regulations and commercial cultivation policy. As a second term gubernatorial appointee to California’s Cannabis Advisory Committee (CAC), she serves as vice-chair of the Committee, and Chair of the Cultivation Subcommittee. As Director of Mendocino County’s Cannabis Department, Kristin oversaw the transition of the County’s Cannabis Program from a division of Planning and Building Services, with a budget of $65,000 annually, to a stand-alone department with a budget of nearly $3 million annually. She also implemented Mendocino’s Local Equity Program, procured $2.9 million in equity funding, and awarded over $3 million in direct grants, fee waivers, and tax waivers to qualified local equity applicants. Kristin has extensive leadership and entrepreneurial experience in the private sector, and also in the nonprofit and trade association sectors. As Principal Consultant for the Nevedal Group, she assisted clients with acquiring local permits and annual state licenses for commercial cannabis operations, and has assisted clients with maintaining compliance once operational. She is a co-founder and the former Executive Director of the International Cannabis Farmers Association, a co-founder of Sun + Earth Certified, and served two-terms as a board member for the California Cannabis Industry Association, where she co-chaired the Agriculture and Manufacturing Committee. With over 20 years of experience farming sustainable sun grown cannabis, Kristin is well-known for her work on the development of appellations of origin for cannabis, and as an advocate of public policies ROWE POLICY and MEDIA, INC.

10 that foster equitable, sustainable, and readily accessible medical and adult-use cannabis programs.

L. Jani Sheppard is the President and founder of ljs.LeadershipSolutions. Her work reflects 32 years of commitment to Leadership Development, DEIB (Diversity, Equity, Inclusion, and Belonging) ), Executive Coaching, and Organizational Development. She is a graduate of Saint Joseph’s University and, a PONO and Weinberg Fellow with a focus on non-profit Management and Leadership Development through Hawaii Pacific University. She is an Executive Leadership Coach with the Gratitude Network and a Partner and facilitator for JAIDE (Justice, Advocacy, Inclusion, Diversity, and Equity) Conservation Collective, LLC for environmental and racial justice, Jani is a co-founder of the Mendocino County DEI Task Force, founder of Allies for Equity, former Chairperson of Ukiah City Council Equity and Inclusion Committee, DEI Advisor for the AM, LLC DEI Committee, DEI Consultant and Trainer for Gratitude Board of Directors, and co-founder of Ho’ikaika Partnership. Her research for training program development has focused on the intersection of DEI and Trauma, (rooted in the research and evidence-based ACES - Adverse Childhood Experiences- framework) including cultural and environmental trauma, DEI in the Workplace, and supporting BIPOC women in creating professional spaces from which to share their skills, brilliance, and experiences confidently and safely. Her work with ACES includes promoting trauma and DEI-informed organizations, with a focus on organizations serving children and families. Jani partners with organizations to develop comprehensive, accountable, and authentic DEI workplace initiatives and programs.

Jani’s work with local communities, historically marginalized communities, vulnerable populations, and grass roots organizations includes coalition building, conducting key Informant Interviews and facilitating focus groups. Her facilitation style helps to ensure relevant and robust information from participants, as they experience a safe and authentic approach and environment in which to share their hopes, thoughts, and experiences. She partners with those impacted by policies, as well as allies and other stakeholders, to ensure they have a seat at the table and that their voices are included in policy and service development. Her organization Maui Family Support Services received multiple awards including six “Best Places to Work”, and a commendation from the State Commission on Fatherhood, and she was recognized by Hawai’i Business Magazine as one of the top 10 CEOs to Know in Hawaii. Her strength-based approach celebrates the individual or community and their capacity to experience success on multiple levels. Jani is a skilled facilitator: She creates safe and open environments where participants learn, share, and develop skills needed to meet their goals. Jani is a staunch proponent of trauma-informed care and support and is honored to have the opportunity to work with survivors of trauma, including historical and cultural trauma.

Rob Chlala, Ph.D. is a postdoctoral scholar at the UCLA Labor Center & Insstute for Research on Labor & Employment (IRLE) whose work is at the intersecson of labor, urban development, movement-building, and abolison. Obtaining a $1.05 million grant from the Department of Cannabis Control, he is co-leading a ﬁrst-of-its kind statewide study of California cannabis workers centering equity, with a team from the UCLA Labor Center, Center for the Advancement ROWE POLICY and MEDIA, INC.

11 of Racial Equity (CARE) at Work, and worker and community partners. The new statewide study builds oﬀ research alongside workers, labor unions and equity advocates in the Los Angeles cannabis industry since 2013. He recently completed his PhD in Sociology at the University of Southern California, and his book manuscript and publicasons in journals such as Environment and Planning C explore the cannabis market’s growth in relasonship to urbanized racial capitalism, sexuality, gender, and social movements in Los Angeles. His engaged research and media work has included addressing how workers and community reinvestment ﬁt in Los Angeles’ social equity policies and reparasons. Trained in community-based research at USC Equity Research Inisasve, he also recently served as a Senior Program Manager for Funders for a Just Economy, developing an ongoing Building Power in Place project in cises like Houston. He sees his research as indebted to community who created and sustain the knowledge, relasonships and processes shaping cannabis as medicine and to Angeleno survivors and thrivers among decades of disinvestment for the sake of mass incarcerason – and he draws deeply from his pracsce of Nichiren Buddhism as part of the Soka Gakkai Internasonal towards imagining and enacsng a value-creasng economy.

Stephanie Thomas is a Finance, Real Estate and Project Management professional with over twenty years’ experience in commercial property development, management, and leasing. She has a resourceful and efficient approach to completing projects in a wide array of disciplines. In the cannabis space particularly, Stephanie has over eighteen years of experience guiding startup, application process, site acquisition, buildout and ongoing operations support for state- legal dispensaries and cultivation facilities in multiple states. She has written application sections for hopeful applicants in 24 states and has provided financial and management consulting for cannabis companies and ancillary cannabis companies operating in the US and Mexico. Stephanie was also the Founder of Women Grow Philadelphia and successfully ran its monthly networking events from 2015 through 2017. Stephanie holds an undergraduate degree from The Wharton School of the University of Pennsylvania (Bachelor of Science in Economics, concentration in Real Estate), maintains Real Estate Sales licensing in Pennsylvania and New Jersey, and is a member of Mensa.

ROWE POLICY and MEDIA, INC.

12 PROJECT RESPONSIBILITIES AND SUBTASK ASSIGNMENTS

Team member assignments are as follows. When team member is (key), that is indicated at the end of the subtask name.

o Brad Rowe – Project Lead
Subtask Areas
§ What population and which neighborhoods have been most harmed § What is the state of equity in the cannabis industry in Salinas § What are the components of a successful equity program § What are the appropriate equity metrics for analyzing the success § What alternate directions should the city explore to achieve greater equity (key) § Engage staff, cannabis business owners and potential applicants (key) § Identify opportunities and make recommendations on strategic neighborhood investments (key)
§ Identify opportunities and make recommendations for changes (key) § Provide periodic progress reports to the Community (key) § Provide a detailed briefing on the study results (key) § Document all data, findings, and recommendations

o Amanda Reiman - Social Equity Business and Data Lead
Subtask Areas
§ Identify community needs and service gaps for strategic investment § How to promote equitable ownership and employment (key) § What does an equitable cannabis industry mean
§ What are the barriers and mitigation strategies to participation (key) § What alternate directions should the city explore to achieve greater equity § Identify opportunities and make recommendations for changes

o Amber Senter - Social Equity Program and Business Lead Subtask Areas
§ Identify community needs and service gaps for strategic investment (key) § How to promote equitable ownership and employment
§ What population and which neighborhoods have been most harmed § What does an equitable cannabis industry mean (key)
§ What are the appropriate equity metrics for analyzing the success § What are the barriers and mitigation strategies to participation § Identify opportunities and make recommendations on strategic neighborhood investments
ROWE POLICY and MEDIA, INC.

13 § Identify opportunities and make recommendations for changes

o Andrew DeAngelo - Social Equity Operation, Industry and Justice Reform Consultant Subtask Areas
§ Land use, fiscal/economic
§ Identify community needs and service gaps for strategic investment § How to make strategic investment of cannabis revenue to mitigate the harm § What is the state of equity in the cannabis industry in Salinas § What are the barriers and mitigation strategies to participation § What alternate directions should the city explore to achieve greater equity (key)

o Daniella Hagopian – Community Outreach Social Media Consultant Subtask Areas
§ What alternate directions should the city explore to achieve greater equity § Reach out to local non-profits and staff to identify service needs and gaps

o Dilara Uskup – Qualitative Survey and Interview Lead
Subtask Areas
§ Identify community needs and service gaps for strategic investment § What is the state of equity in the cannabis industry in Salinas (key) § What does an equitable cannabis industry mean
§ Engage staff, cannabis business owners and potential applicants § Conduct a community survey regarding proposed strategic investments

o Erin Espinosa – Data and Criminal Justice Reform Lead Subtask Areas
§ Demographic and historic data on criminalization (key) § What population and which neighborhoods have been most harmed § Develop a geo-spatial map that shows impacts of criminalization § Conduct a community survey regarding proposed strategic investments (key) § Document all data, findings, and recommendations

o Kristin Nevedal – GoBiz Grant Writer
Subtask Areas
§ Phase 1 proposal writer (key)
§ Phase 1 City Council process support and management (key) § How to promote equitable ownership and employment

o L. Jani Shepperd – Bias and Cultural Competency, DEI specialist Subtask Areas
§ Identify community needs and service gaps for strategic investment § What does an equitable cannabis industry mean
ROWE POLICY and MEDIA, INC.

14 § What are the appropriate equity metrics for analyzing the success (key) § Reach out to local non-profits and staff to identify service needs and gaps (key)

o Rob Chlala – Quantitative and Mapping Lead
Subtask Areas
§ Demographic and historic data on criminalization
§ How to promote equitable ownership and employment
§ How to make strategic investment of cannabis revenue to mitigate the harm (key) § What population and which neighborhoods have been most harmed § What alternate directions should the city explore to achieve greater equity § Develop a geo-spatial map that shows impacts of criminalization (key) § Engage staff, cannabis business owners and potential applicants § Conduct a community survey regarding proposed strategic investments § Document all data, findings, and recommendations

o Stephanie Thomas – Social Equity Operator Consultants Subtask Areas
§ Land use, fiscal/economic (key)
§ How to make strategic investment of cannabis revenue to mitigate the harm § What is the state of equity in the cannabis industry in Salinas § Document all data, findings, and recommendations

ROWE POLICY and MEDIA, INC.

15 PHASE 1
Assist the City in identifying potential grants for the development of a data- driven Cannabis Equity Assessment (“Study”). Drafting GoBiz Proposal for Study

Phase 1-1 Task: Preparation of Type 1 GO-Biz application for funding of the development of a Cannabis Equity Assessment

Note: Historically, the State of California through the Governor’s Office of Business and Economic Development (GO-Biz) has funded the development of Cannabis Equity Assessments and it is expected that the State may issue a Notice of Funding Availability later in 2023. In addition to this potential funding source, RPM would identify other potential grants. RPM would prepare a standard grant proposal for Salinas based on the requirements of GO-Biz funding. It is understood that City staff as needed may modify this grant proposal for other funding opportunities that come along.

There are two types of local jurisdiction equity grant program funding available through Go-Biz Type 1 funding is for the purposes of developing an assessment and using that assessment to inform the development of the local equity program. Type 2 funding is largely “pass-through” funding that the local jurisdiction can apply for to fund fee and tax waiver programs, expungement programs, direct grant, and loan programs. A local jurisdiction like Salinas may only apply for type 1 or type 2 funding and may only receive type 1 funding once.

The City of Salinas may apply for a max of $75,000 in type 1 funding, of which $40,000 may be spent on conducting the assessment and up to $35,000 may be spent on developing the local equity program. The proposal response as addressed in Phase 2 below reflects that break out of effort and expenditure. Go-Biz funding may only be spent on approved projects and cannot be used to reimburse a jurisdictions activity — such as preparing the application to Go- Biz. There are seven (7) application questions on the Type 1 grant application, plus the budget form to prepare.

It will be necessary to interview or survey Salinas City Council and staff, or at minimum to comb through public meeting footage and ask for input from Council and staff to complete the application questions.

#3. Describe the local jurisdiction’s interest in supporting equity in the cannabis industry by completing an equity assessment and/or developing a cannabis equity program. (1750 characters)
#5. How does the jurisdiction intend to use its cannabis equity assessment to inform the creation, revision, and/or development of its local equity program? ROWE POLICY and MEDIA, INC.

16 The City of Salinas would need to provide funding for preparation of the application for Go-Biz funding. The task of preparation of a Type 1 application will take 20 to 30 hours. The City can expect the next grant solicitation to be released in October 2023, and that grant applications will be due mid-December 2023. Go-Biz will review applications and announce awards between mid-December, and mid-January 2024. Funds will provided to local jurisdictions in March with Grant terms that will likely run from April 1, 2024, to October 31, 2025.

To be eligible to apply for Type 2 funding in October 2024, the City of Salinas will need to have:
1) Conducted a cannabis equity assessment by the application due date, and 2) Have adopted or operates a local equity program by the application due date. a. Adopted means the City will have had to approve, at minimum, an equity program manual and established a date to start accepting eligibility applications.
b. RPM recommends Salinas be at least accepting eligibility applications by the time of application for Type 2 funding.

The work to get the Type 1 proposal drafted and submitted will be performed immediately upon award. This portion will come to 30 hours for preparation and submission.

Time Frame: Month 1

Responsible Team Members: Kristin Nevedal (key), Brad Rowe

Phase 1-2 Task: Management of Type 1 GO-Biz process with City Council

Likely each grant application will require a minimum of two City Council votes:
1) To approve an entity to apply for the Go-Biz grant and 2) To approve the grant application before submission.
a. Note: The Salinas Cannabis Equity Assessment RFP suggests that the City Council is looking for the consultants to present this material at the City Council meetings.
b. Likely the program manual will also need to go before the City Council for approval and adoption.

Additional work with City Council, agenda summaries and presentation materials, working with lead department. would take place over the 9-month study period TBD. This process and management work will come to 30 hours.

Time Frame: Months 1-9

Responsible Team Members: Kristin Nevedal (key), Brad Rowe ROWE POLICY and MEDIA, INC.

17 PHASE 2
SCOPE OF WORK APPROACH AND DELIVERABLES:

For the City of Salinas, Rowe Policy and Media will utilize the following approach to the Scope of Work including Tasks and Deliverables

Overall scope to complete a data-informed Cannabis Equity Assessment (“Study”) using geo- spatial analysis and measure the success of and identify growth opportunities for equity in the cannabis industry.

SURVEY 1: The first critical research element that many of the others will lean on is the survey instrument that will be extended into the Salinas cannabis business community. RPM will work with the city, community groups, area associations and unions to gather a convenience sample that is representative and will help the City get a clear picture of where social equity is now and what a program could hope to attain. This is outlined in detail later, but the team will collect vetted / quality emails and phone numbers for an email and text message outreach effort and sample until no “new” concepts emerge. We are looking for a semi-exhaustive list of what businesses want and what approaches, or strategies, they would like to see to arrive at a social equity program that would serve their purposes.

The City is looking for 500 members of the neighborhoods and communities to participate. RPM would set out to hit that number but will work with the city to measure when “saturation” has been achieved. If we can accomplish a mostly complete list of wants and needs at that point, we can repurpose funding into other assessment and outreach activities.

SURVEY 2: The team will revisit this group later in the research period to get a sense of how it wants to build its new social equity program. The progression is 1. First survey gathers the wants and the will of the community, 2. The team assembles its assessment and preliminary recommendations of what is possible against these wishes and 3. Goes back to the community for survey 2 to feel out what the community would like to integrate into a new program.

STUDY GOALS

1. ORDINANCE and LITERATURE REVIEW: Inform public policy pertaining to land use, fiscal/economic, and other regulations through an equity lens. a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

The research and implementation team will review local land use and economic regulations with an eye for potential for greater access and equitable opportunity ROWE POLICY and MEDIA, INC.

18 generation. The team will work through Economic Development code (Salinas Code of Ordinances, Chapter 10-6 through 10-15) and find areas for review in the following areas: loans for projects, loan agreements, fees, rents and charges, security for loans, and employment of experts and consultants… as well as other articles covering applications for financing, industrial development and fair use of fees and service charges by the city. The team will provide recommendations on possible council actions or regulatory and implementation improvements that could improve outcomes for social equity businesses in the City of Salinas.

Time Frame: Months 1-3

Responsible Team Members: Stephanie Thomas (key), Andrew DeAngelo

2. DATA: Present demographic and historic data on neighborhoods in Salinas most impacted by the criminalization of cannabis
a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

DATA COLLECTION, CLEANING AND ANALYSIS: To examine both disparities in and the effects of legalization upon cannabis-related arrests, administrative data will be collected from the Salinas Police Department on individual arrests from the time period of [1992 or 2003] through 2023. To examine the patterns of neighborhood level arrests over time, the data extract will include (at a minimum) offense type [e.g., public intoxication, possession of cannabis, burglary, assault, etc.], offense severity (e.g., felony, class A misdemeanor), offense date and time, address where the offense occurred, and data on offenses including use of firearms and other weapons. To examine racial and ethnic disparities related to the arrest patterns, demographic information, with a specific focus on race and ethnicity (e.g., white non-Hispanic vs white Hispanic), age, and gender.

The retrospective longitudinal and population-based nature of this data collection will allow the research team to examine trends over time and to examine contextual, policy, and practice-based influences related to those trends.Initial analysis will include baseline descriptions and trends over time, as well as bivariate analytics to examine disparities or differences by demographics (e.g., race, gender, age), by neighborhood, over time, and by contextual factors. Differences will be measured through standard analyses such as independent t-tests and chi-square analytics.

Time Frame: Months 1-8

Responsible Team Members: Erin Espinosa (key), Rob Chlala, Brad Rowe ROWE POLICY and MEDIA, INC.

19 3. LAUNCH SURVEY 1 plus Identify community needs and service gaps for strategic investment in community programming, facilities, and infrastructure. a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

Here we conduct the first round of survey work. We design a simple survey meant to elicit the basic needs that the area community is looking for. The results give us an understanding of NEEDS. The RPM team will measure these against the strategic investment opportunities it has seen in other jurisdictions and begin to identify SERVICE GAPS and opportunities for investment, programing and infrastructure.

The RPM research team assembled here has worked with dozens of communities across the State of California to assess service gaps and opportunities for strategic investment in communities. Programming can take the shape of trainings; a learning management system complete with evergreen digital technical support content that can be accessed by local licensees and their employees.

Other programmatic areas RPM would assess for relevance and potential for high return on investments would be in provision of regionally sourced legal, real estate and financial assistance. Utilization of risk assessment and fitness measurement tools for candidate businesses will help the City determine which businesses have the greatest likelihood for success and those that might need additional support.

This gap analysis will help the city customize what interventions and supports will help generate compliant and tax paying businesses that will employ local workers.

This triage effect will allow the city to best leverage its limited resources and to predict tax revenues and administrative costs with greater accuracy.

The team has experience working with collaborative and cooperative licensing models such as the Type S (shared use facilities) manufacturing groups and encouraging the use of bulk purchase, buyers’ clubs and building stronger positions for small businesses through coordination and collective negotiation with insurance, legal, production input and other providers. This work can take the shape of actual repurposing of facilities or the creation of new ones. Cooperative groupings allow for more optimal utilization of warehouses, employees, vehicles, and other resources that can bring down overhead and contribute to success for Salinas area cannabis businesses.

The RPM team can help the City consider what types of infrastructure adjustments or expansions it would like to address in future rounds of licensing and support of existing businesses. Beyond physical infrastructure expansion; the interlinking of ROWE POLICY and MEDIA, INC.

20 existing education, public facilities, and transportation resources could benefit social equity owned and operated businesses. These sentiments are captured in some of the City Plans (addressed later in the proposal) and could be repurposed to drive success in the cannabis industry in Salinas.

Time Frame: Months 1-6

Responsible Team Members: Amber Senter (key), Dilara Uskup, Amanda Reiman, Andrew DeAngelo, L. Jani Sheppard

OUTLINE RECOMMENDATIONS

1) How to promote equitable ownership and employment opportunities in cannabis a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

With the DATA COLLLECTION and SURVEY RESULTS in hand, the team can break out some preliminary recommendations. The research team has decades of combined experience working to promote equitable ownership and employment opportunities in cannabis. We are prepared to listen to the community and to the City first as to what is important. We address those survey and interview components in other sections of the study. From there we will bring to the City some of the options that we have seen first-hand, gathered from our contemporaries in other cities and states, and customize them to the needs of the social equity cannabis business community in Salinas.

Promotion of equitable ownership requires defining a healthy business structure and regulatory relationship with the City and State. There are many forces at play that are out of the sphere of control of the City and its business operators including market forces that have driven flower, extract, and other product prices down. The resulting margins and business projections must adjust. The sheer size and influence of illicit / unlicensed / traditional markets that run in parallel to licensed operators causes additional pressure to local operators. The City has certain tools at its disposal to discourage illicit operations but the impacts of this work are felt more for local retail and delivery than for non-retail which is competing regionally and statewide – and therefore competing against illicit markets across the State.

Time Frame: Months 1-8

ROWE POLICY and MEDIA, INC.

21 Responsible Team Members: Amanda Reiman (key), Amber Senter, Rob Chlala, Kristin Nevedal

2) How to make strategic investment of cannabis revenue to mitigate the harm on communities disproportionately impacted by criminalization of cannabis and poverty based on data.
a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

Development of strategic tools would be related to the identification of long- term or overall interests and the means of achieving them. This sub task will require knowledge of the results from the data collection and analysis done with city and police and other historic data sets. Arriving at informed strategic investment of cannabis tax revenue requires understanding the priorities of the community and using resources to achieve those aims. This task will also lean on the survey and interview portions of this study to connect the needs, gaps and challenges faced by the social equity community.

Time Frame: Months 5-8

Responsible Team Members: Rob Chlala (key), Andrew DeAngelo, Stephanie Thomas

QUESTIONS ADDRESS REQUIREMENTS:

For the City of Salinas, Rowe Policy and Media will address the following questions:

a. DATA: What population and which neighborhoods have been most harmed by criminalization of cannabis and poverty.
a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

DATA REVIEW: looking at quantitative results from the initial data collection, cleaning and analysis the team will derive location based results of where and what demographic groups suffered the greatest harms from disproportionate enforcement. This question will derive quantitatively from the sub task “Present demographic and historic data on neighborhoods” section. The research team can analyze race, gender and age to the extent is provided by city and police sources.

Mapping will help to give a sense of where enforcement has been most intense though not necessarily where the arrestees or misdemeanants lived. These ROWE POLICY and MEDIA, INC.

22 indicators can be cross referenced with indicators of poverty or other measures of health equity.

Time Frame: Months 5-7

Responsible Team Members: Rob Chlala (key), Erin Espinosa, Amber Senter, Brad Rowe

b. What is the state of equity in the cannabis industry in Salinas and how is it measured?
a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

SURVEY ANALYSIS: The team will include self-reports on perceptions of equity as well as some tangible / measurable effects of equity implementation. The state of equity, fairness and impartiality in a community are difficult to measure in concrete terms. The research team will be able derive a “state of equity” through self-report statements received on the survey instruments that will be dispatched in the study. This sub-task will require collecting the themes that touch on “state of equity” and offer up the best most actionable assessment possible.

Fairness measures included comparative statements on distributive justice (rewards), procedural justice (how the rewards come about) and interactional justice (how treated by authority figures for example). Each of these dimensions can be captured in surveys addressed to owner operators and employees in the cannabis industry in Salinas.

Time Frame: Months 1-8

Responsible Team Members: Dilara Uskup (key), Andrew DeAngelo, Stephanie Thomas, Brad Rowe

c. What does an equitable cannabis industry mean and how can it be achieved? a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

This is a higher-level question, with important definitional consequences, that we will put to the team members that have committed careers to answering it.

An equitable cannabis industry needs to both include the locally derived version of what equity is, who is included, and how well the City and industry are doing to remain faithful to those definitions and boundaries. This definition and measurement of perceived fidelity can be drawn from the survey instruments as well. These questions can be posed to interviewees and those at convenings as ROWE POLICY and MEDIA, INC.

23 well. The knowledge gained here will allow for inclusion and exclusion conversation when building qualification standards for the program.

Time Frame: Months 1-8

Responsible Team Members: Amber Senter (key), L. Jani Sheppard, Dilara Uskup, Amanda Reiman

ROWE POLICY and MEDIA, INC.

24 LOCAL EQUITY SECTION 2

DEVELOPING THE LOCAL EQUITY PROGRAM

d. What are the components of a successful equity program both in terms of economic development and community investment.
a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

Achieving the hopes and desires of the local social equity community is the highest order connection to “success”. We will start again from the insights pulled from the survey result. Success in terms of economic development comes through job creation, direct and indirect economic stimulus, and the development of workforce through transferable skills.

Community investment is more difficult to score for success in the short term. It is an investment in future through infrastructure, training, savings, or reduction of barriers to entry and success. Community investment success through the equity lens also includes a fair distribution of those benefits among the demographics that have been defined as eligible for social equity support. The research team will spend early months understanding these definitions and collecting evidence of their presence or absence through the survey, interview, and literature review components of the study.

Time Frame: Months 1-8

Responsible Team Members: Amanda Reiman (key), Brad Rowe

e. What are the appropriate equity metrics for analyzing the success of an equity program and what should the benchmarks be to address disparities and inequities? a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

This question can be approached from a “best practices” perspective and the team will lean on nationwide research and experience. Appropriate equity metrics include applying merit criteria deemed suitable or proper to communities in Salinas. These can include groups disproportionately impacted by the cannabis law enforcement, sustained poverty or other challenges that would make participation in the cannabis industry inequitable.

ROWE POLICY and MEDIA, INC.

25 Recent challenges to place-base criteria (challenges from constitution’s Dormant Clause) may make use of poor or disproportionately enforced zip codes ineffective in the long term. Challenges to affirmative action make use of race as criteria a challenge as well. RPM has worked with jurisdictions that are meeting these challenges and can provide insights into design of eligibility criteria that will serve the community well.

Time Frame: Months 3-5

Responsible Team Members: L. Jani Sheppard (key), Amber Senter, Brad Rowe

f. What are the barriers and mitigation strategies to participation in the Salinas cannabis industry?
a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

Again, having the institutional memory from this group of researchers and consultants, we can quickly bring forth the barriers and mitigation strategies that can improve the odds of success for cannabis entrepreneurs and their employees. Barriers to participation in the Salinas cannabis industry may be like other jurisdictions that RPM has worked with, though that should be put to the community through the survey and interview components of the work.

Traditionally real estate, access to capital and legal services loom large in this area. Understanding the odds of how difficult running a cannabis business is can be aided by using risk assessment tools that RPM partners have developed for this purpose. Mitigation strategies come from accurate gap analysis and allocation of resources to reduce handicap from deficiencies along any of these dimensions.

Time Frame: Months 2-7

Responsible Team Members: Amanda Reiman (key), Andrew DeAngelo, Amber Senter

g. Based on the literature and case studies and given the legal and regulatory parameters within which the City must operate, what alternate directions should the city explore to achieve greater equity in the cannabis industry in Salinas? What changes should be made to current city policies and regulations to increase the number of equity participants?
a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

ROWE POLICY and MEDIA, INC.

26 LITERATURE REVIEW and CASE STUDIES derived from work with other cities and states will bring us to the heart of this exploration more quickly. Alternate directions for exploration start with knowing where the City currently operates.

RPM will inventory and understand the legal and regulatory frameworks that define the playing field for businesses and how they are taxed and regulated.

Equity must come with compliance even as the City attempts to work with first time operators and those transitioning from the unlicensed market. Social restitution for the War on Drugs is acknowledging harms done. Economic restitution includes building a healthy industry that brings wealth and opportunity to marginalized communities. The City will have to share how the policy levers at its disposal can be utilized to effect desired change, and when the tools are not up to the task, figure out how to replace or improve them. With a successful program will come equity participation. Proper promotion and use of low-cost scalable tools like social media can help to increase awareness and participation. As indicated earlier there are macro-economic factors that make participation in the industry difficult, but systemic support from the City may ameliorate some of those barriers.

Time Frame: Months

Responsible Team Members: Andrew DeAngelo (key), Rob Chlala, Amanda Reiman, Daniella Hagopian

BUILDING A PROGRAM: CONSULTANT PERFORMANCE REQUIREMENTS:

For the City of Salinas, Rowe Policy and Media will Perform the Following

1. Develop a geo-spatial map that shows impacts of criminalization of cannabis and poverty by census tract.
a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

These will be the areas where the city will want to concentrate its resources.

Restitution for the War on Drugs and other inclusion criteria established earlier will appear more clearly in heat mapping that indicated which areas of Salinas were more affected than others. Utilizing arrest administrative log data to be collected from the Salinas Police Department, we will map the geographic clustering of arrests related to cannabis from 1992-2022, which will include both penal codes and vehicle ROWE POLICY and MEDIA, INC.

27 codes related to unlawful possession, open containers, selling to minors, and other cannabis-related violations. 1992 is selected as a year in which the continued drug war had continued to accelerate and was well-established as guiding local policing and policy. Clustering of data by will be mapped using ArcGIS into tracts to examine which and where the greatest number of cannabis-related arrests and incidences of police contact occurred; given the large size of Police command areas and council districts, this will depend more on census tract clustering. This data will be mapped and tracked in relationship to the clustering in what the state defines as "disadvantaged communities." These are defined in relationship to the Clean Energy and Pollution Reduction Act of 2015 and can be assessed using the CalEnviroScreen mapping tool that examines the confluence of economic, health, and environmental burdens by census tract, and in Salinas has detailed information on differential exposure to these burdens. At the same time, we will also look to the relationship to other key indicators at the census tract level, including working poverty and 250% Federal Poverty Level; educational attainment; relative racial diversity and foreign- born population. These will be used to assess and understand the disproportionate impact of drug enforcement by the census-tract level, and tools will be provided that can help - for future purposes of equity assessments - the public locate their own census blocks to understand where and how they fit into both arrest data and impacts of inequality/burden.

The team will use the data collected in the earlier study sub task and leverage the incident location report data to map where the concentrations of arrests occurred.

We will cross reference that with poverty data and other socio demographic characteristics that are important to the City and the Social Equity community. This group has done this mapping work for criminal justice, social and health equity, educational and public health projects. Depending on the availability of expungement data, we will also attempt to examine the relative disparities and effectiveness of efforts to repair the drug war's harms in terms of the kinds of records expunged via state and county/local processes, including which and what type of records are being processed, and if possible where residents are located; what we cannot obtain directly through local records request we will seek to answer through stakeholder, including district attorney and County of Monterey official data.

Time Frame: Months 5-6

Responsible Team Members: Rob Chlala (key), Erin Espinosa,

2. Reach out to local non-profits and staff to identify service needs and gaps in impacted neighborhoods.

ROWE POLICY and MEDIA, INC.

28 a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

An important voice to the work being done here is the local non-profit community.

Their constituency is workforce, public safety, educational and vocational attainment and other public goods. RPM research team will reach out to relevant non-profits (Sample = 10) and staff that can shed light on service needs and gaps in impacted neighborhoods through scheduled interviews. These will be conducted over video conference platform. The research team will work with the City to determine the best pool of non-profits to engage for the study in advance of outreach.

Time Frame: Month 5

Responsible Team Members: L. Jani Sheppard (key), Daniella Hagopian

3. Engage staff, cannabis business owners and potential applicants who have yet to apply for a cannabis permit to gain insights and develop a realistic understanding of the Salinas cannabis industry’s current environment, context, and culture. a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

RPM research team will engage local cannabis business owners (Sample = 30) and potential applicants (Sample = 30) through a total of four (4) meetings: broken down as two (2) virtual convenings and two (2) in-person convenings. The meetings will be conducted through a facilitated community conversation including polling, white boarding, open question, and answer, and follow up email. Meetings will be held at varying times to accommodate work schedules. In-person convenings will take place in two distinct locations that are easily accessible, have free parking, and refreshments provided. Notes will be reviewed and analyzed for findings. Those findings will be reviewed by the RPM team and study responsible City employees.

Participants will receive a $25 certificate / cash card for their participation. The City of Salinas will provide video conferencing platforms for virtual convenings and physical space in Salinas for the in-person convenings. Project budget will cover refreshments and renumeration.

Outreach and invitations will be vetted, cleared for cultural sensitivity, shared / distributed through email and social media to non-profit organizations in the community.

Time Frame: Months 3-5
ROWE POLICY and MEDIA, INC.

29 Responsible Team Members: Brad Rowe (key), Rob Chlala, Dilara Uskup, Amber Senter.

4. PLAN REVIEWS: Identify opportunities and make recommendations on strategic neighborhood investments based on best practices and recommendations found in various City plans including:
a. Salinas Council’s Strategic Plan. Address recommendations such as: Develop an Agriculture Technology Plan, partner with local colleges and workforce development board to ensure training for farm workers, support small business, employ modern techniques to build climate resiliency, maintain effective code enforcement practices, establish and equity plan, apply data-driven management to decision making, provide DEI training for policy makers, support effective governance for City commissions, improve employee wellness and retention, make government services more accessible and culturally responsive for non-English speaking residents, offer more literature and the SalinasConnectApp in Spanish, and address Visión Salinas b. Alisal Vibrancy Plan. Address recommendations such as: Empowers the residents and stakeholders of the Alisal by giving them broad control of the vision, content, and implementason strategies of the plan, engage a broad a cross-secson of the community through a variety of engagement/ outreach plaÄorms, create an iterasve process that allows the public the chance to review recommendasons and draÅs at each stage of development, overcome barriers to parscipason, conduct innovasve or alternasve outreach acsvises to engage community members that would not typically aÇend formal events, create materials and informason that educates the community and facilitates greater understanding of the community planning process, conduct outreach and share informason in a manner that provides transparency in the outreach events and discussions, provide parscipants an opportunity to collaborate on content, provide input, and validate that recommendasons that reﬂect their input, reach consensus on the recommendasons to ensure they align with community expectasons and provide greater certainty to the development community, using steering commiÇee and working group meesngs, stakeholder and community group interviews, business engagement workshop, website and social media for community surveys, process evaluasons, engage technical advisory commiÇee member groups like Center for Community Advocacy, Hartnell College, Monterey Bay Central Labor Council, University of California Agriculture and Natural Resources 4-H Program c. Chinatown Revitalization Plan. Address recommendations such as: supporting City Staff and partners in proactively managing neighborhood land and resources, initiate public input, support targeted revitalization and sustainable, well-designed land use and development, support the core values of efficient customer service and citizen engagement, economic vitality for community ROWE POLICY and MEDIA, INC.

30 development, integrity, mutual respect, courtesy, dignity, innovation, and teamwork.
d. Parks and Recreation. Address recommendations such as: Enhancing life through high quality cultural programs, events for all ages and wholesome experiences. e. Libraries Master Plan. Address recommendations such as: building community profile, conducting outreach and community surveys, establish a systemwide gap analysis, create program categories of priority, acknowledge future challenges, develop implementation strategies and capital improvement plans, inventory capacity and organizational structure.
f. Community Alliance for Safety and Peace Strategic Plan. Address recommendations such as: Building a better future for the children of Salinas, creating web-based content in English and Spanish, reduce violence, provide reentry strategies in the community.

a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

Again, the deep experience of this work group will allow for a quick assimilation of the sentiments of the local studies and gleaning of actionable recommendations that translate to the goals of building and equitable cannabis business community.

The team will review the recommendations addressed from the community studies and mission statements for integration into process for research (during beginning months of study) and for synthesis into final recommendations for the report (at final stages of study). Leadership from these organization and authors of the reports will be consulted as to the intent of the recommendations and for translational context to application with the cannabis social equity business framework.

Time Frame: Months 1-2 and 8-9

Responsible Team Members: Brad Rowe (key), Amber Senter

5. SURVEY 2: Conduct a community survey regarding proposed strategic investments reaching at least 500 individuals.
a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

After initial Survey 1 analysis and reading the community through various means, the team will be ready to put another survey out in the field to measure excitement for some of the preliminary social equity program build and growth recommendations that are put forth. From earlier outreach and community engagement research RPM will derive a small set of proposed strategic investments ROWE POLICY and MEDIA, INC.

31 for consideration with the community. RPM will work with the City and community organizations to collect contact 2,500 vetted / quality emails and phone numbers for an email and text message outreach effort – with the end goal of engaging 20% of solicitations. Generally, inductive research designs require that sample selection continue until no “new” concepts emerge (Bryman, 2013; Coyne, 1997). At this point, the “theoretical” saturation needed to answer the questions understudy are reached (Bryman & Bell, 2011). Thus, most inductive researchers who aim for qualitative interpretation of both sample and population-based inferences, do not rely on probability sampling. Rather, the sampling procedure is purposive (Coyne, 1997; Marshall, 1996]. It aims to select cases whose study will illuminate the questions under study most directly applicable to the community under examination. The RPM research team proposes to use a stratified sampling study design that includes a mixed methods approach toward examining the community perspectives regarding proposed strategic investments. The methodology will include both survey and prospective interview or listening group sessions to ensure that the views of at least 500 members of the neighborhoods and communities views are reflective of the responses to the questions posed in the RFP. References include: 1.) Bryman A, Bell E. Business Research Methods 3e. Oxford: Oxford university press; 2011. 2.) Bryman A. Social Research Methods. 3rd ed. Oxford:

Oxford University Press; 2013. 3.) Coyne IT. Sampling in qualitative research.

Purposeful and theoretical sampling; merging or clear boundaries? Journal of advanced nursing. Wiley Online Library; 1997; 26: 623 - 630. Marshall MN. Sampling for qualitative research. Family practice. Oxford Univ Press; 1996; 13: 522±526.

This effort will begin after initial findings from community outreach and establishment of broad strategic investment categories for consideration. The RPM team will develop a survey instrument, review and ground-truth language and approach for cultural sensitivity with community members and distribute on the Qualtrics platform. Analysis and resulting recommendations will be completed at the end of the 6-month research period.

Time Frame: Months 3-8

Responsible Team Members: Erin Espinosa (key), Rob Chlala, Dilara Uskup

6. Identify opportunities and make recommendations for changes to policies, procedures, and practices to achieve greater equity in the Salinas cannabis industry. a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

Review of Survey 2 results will pivot the program building into informed policies that can be codified into ordinances and departmental guidance across City service ROWE POLICY and MEDIA, INC.

32 groups. All novel research and studies conducted in the commission of this study will be reviewed and analyzed against the literature review on relevant topics to establish recommendations for policy changes. This work will be done in concert with the creation of a final report for the City. Brad Rowe will manage the collaboration to synthesize findings, integrate mapping, figures and tables in a collaborative Google Doc. Preliminary recommendation will be shared with a small group of stakeholder groups in the City of Salinas before final version is drafted. That final draft will be shared with the City Attorney and other internal reviewers before public release of recommendations.

Time Frame: Months 8-9

Responsible Team Members: Brad Rowe (key), Amanda Reiman, Amber Senter

7. Provide periodic progress reports to the Community Development Department. a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

Brad Rowe will manage periodic progress reports to the CDD. RPM will welcome project leads as needed to update the City / CDD on advances in research and findings, identification of challenges, coordination of activities with City and other stakeholders. RPM and the City will find a rhythm that is conducive to the best advancement of the work and optimal use of time, perhaps bi-weekly progress check in calls, monthly short report updates on all deliverables and other convenings as necessary.

Time Frame: Months 1-9

Responsible Team Members: Brad Rowe (key)

8. Provide a detailed briefing on the study results to the Cannabis Subcommittee and City Council.
a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

RPM will put together a 45 minute – 1 hour PowerPoint Briefing to be delivered to the Cannabis Subcommittee and City Council in person or on Zoom (as preferred by the City.) This report will include the entirety of context, methodology summary, key findings, and recommendations. The final report with Executive Summary will be made available to committee and council members in advance of this presentation to allow for preparation and questions for presenters.

ROWE POLICY and MEDIA, INC.

33 Time Frame: Month 9

Responsible Team Members: Brad Rowe (key) plus key study leads TBD

9. Document all data, findings, and recommendations and provide to the city, along with the Study.
a. Narrative describing the approach and work plan / Major tasks and estimated time frame.

All aggregated de-identified data, findings and recommendations will be made available to the City will be delivered to the City with the final report. Raw survey responses will theme-coded and converted to themes and anonymized quotes for the report. Original Salinas Police Department data analyzed will aggregated so that licensees or individuals with personal identifiable information in those data sets cannot be identified.

Time Frame: Month 9

Responsible Team Members: Erin Espinosa (key), Rob Chlala, Brad Rowe, Stephanie Thomas

ROWE POLICY and MEDIA, INC.

34 HOW SELECTED METHODOLOGIES CAN ACHIEVE THE STUDY GOALS

Methodologies and approaches listed above are drawn from high level social science, data analytic, economic, and business tools. These scientific approaches leverage specific methodologies to each task. Soft skills such as listening, empathy and creating a space for honest dialogue complement academic proficiency. Qualitative methods for interviewing, convening, and extracting themes to saturation to help Salina prioritize programs and communication strategies come from decades of research and providing recommendations to states and cities by the team. Quantitative data collection, cleaning and analysis will allow the City to understand specifically how and where disproportionate impacts occurred over the given period of observation. Literature reviews done with the proper training filters poor or biased research from the study and lays a solid foundation for the City to continue the important work with confidence.

All findings and recommendations produced from this research will be reviewed by several members of the team and challenged until it has reached the highest standards for delivery to the government client. All this work is done with the knowledge that policy change affects every day working people and their families. The RPM team is cautious before making claims and recommendations and will lead interactions with the city and community by listening first and synthesizing next.

ACTIONS TAKEN BY ROWE POLICY AND MEDIA TO REDUCE IMPLICIT BIAS AND IMPLEMENT

CULTURAL COMPETENCY

RPM has been studying and teaching about implicit bias for over a decade. Because of that we measure, track, and review our policies and practices to meet the needs of everyone we serve. The work began with challenging clients, police departments and criminal justice institutions to challenge their prejudicial attitudes, behaviors, and actions. This work is critical for systems change to be built on an awareness of automatic and unintentional bias that affects behaviors. Better to front load that work, then to engage in destructive behavior that requires massive course corrections. Turning that light on our own organization means that we seek employees and contractors that embody those values. We treat clients, the subjects of our research, vendors and our team members with dignity and respect. We discuss bias and call it out when we see it in business and day to day conversations and actions.

ROWE POLICY and MEDIA, INC.

35 As professional “non-biased” researchers, we are constantly disclosing conflicts real or perceived and work pro-actively to call out and name anything that would interfere with not only research but the ability to work in communities that are different from our own. RPM was born in work with marginalized communities, criminal justice involvement, trauma connected to violence and mistrust of researchers and government.

We are leading change in our communities and start with the work to see that change in ourselves. Each member on this proposed research team has had to meet and beat the highest standards of cultural competence and bias reduction to thrive in work that meets communities head on and facilitates their ability to speak truth to power.

ROWE POLICY AND MEDIA’S COMMITMENT TO RACIAL EQUITY AND DEI

At RPM, we are committed to promoting justice, diversity, equity, and inclusion (JEDI) in all aspects of our work. As a firm that focuses on cannabis and social equity, we recognize that our work is inherently linked to systemic racism, social justice, and community empowerment. We also acknowledge that our work involves continuous learning, growth, and improvement, and as such, it is rooted in self-reflection, honest communication, and a commitment to change. We are committed to promoting JEDI in our workplace practices, client engagements, and the work we choose to do. We actively seek out partnerships that share our values and commitment to social justice.

RPM prioritizes work opportunities that contribute robust data and, culturally and linguistically relevant evidenced-based practices, that highlight and mitigate the impacts of systemic racism, and promote equity and justice; We embrace opportunities that promote community resilience, elevate the voices of those who have been historically marginalized, and excluded, and provide concrete resources and solutions for meaningful and lasting change. We strive to ensure that our work reflects our values and commitment to acknowledging the truth and accuracy of the experience and contributions of marginalized communities; research and data that educates and advances understanding; policies, interventions, and services that promote a just, equitable, and inclusive society for all.

ADDITIONAL OR INNOVATIVE SERVICES

ROWE POLICY and MEDIA, INC.

36 EQUIO EXPLORE (brought to the team by Amanda Reiman) Description: With a free membership to Equio Explore, businesses have access to national level data on our Consumer, Market, and Retail Data Dashboards, access to Global level data on our Global Dashboard, access to view a select number of analyst reports and the ability to purchase data products within our Data Marketplace. The Consumer Dashboard provides national level data on consumer density, annual and monthly consumption rate, medical patient count, which product forms are consumed most often, consumption frequency, average spend per transaction, primary sources of cannabis, motivations for consumption and a breakdown of consumer archetypes. The Market Dashboard provides national level data on the legal, illicit, adult use and medical market sizes, annual consumption rate, 5-year CAGR, total addressable consumers and market projections for the next 5 years. The Retail Dashboard provides national level data on the number of licensed dispensaries, product sales trends by category, the top selling brands and products in the US, the value per transaction average for different product categories, the breakdown of licenses in the US by license type, and revenue by day of the week.

ROWE POLICY and MEDIA, INC.

37 COST PROPOSAL AND FEE SCHEDULE

ROWE POLICY and MEDIA, INC.

38 ROWE POLICY and MEDIA, INC.

39 ROWE POLICY and MEDIA, INC.

40 ROWE POLICY and MEDIA, INC.

41 SAMPLE INVOICE – PDF COVERSHEET and WEEKLY ACTIVITY REPORT (SAMPLE BELOW)

ROWE POLICY and MEDIA, INC.

42 ROWE POLICY and MEDIA, INC.

43 PROJECT SCHEDULE: SALINAS EQUITY ASSESSMENT TIMELINE

1 CANNABIS SOCIAL EQUITY ASSESSMENT FOR THE CITY OF

SALINAS

April 12, 2023

Contact:

Michael Gomez
Economic Development Analyst
Phone: (831) 758-7387
Email: [email protected]
Community Development Department
65 West Alisal Street Suite 201,
Salinas, CA 93901

2 SECTION I: SUMMARY OF REQUEST
This RFP solicits proposals from consultants and firms to secure funding from grants in order to complete a comprehensive Cannabis Equity assessment (“Study”) of the cannabis industry in the City of Salinas . The City is looking for an experienced contractor who can provide this data collection and analysis through an equity lens, including but not limited to disaggregating existing data and data collected to identify disproportionate impacts by racial, ethnic, and economic demographics. It will be paramount that the selected responder has a keen understanding of the unique challenges facing those communities most affected by the War on Drugs and is dedicated to a strategy using social equity tools to analyze data and inform policy recommendations to support the City’s efforts to increase equity and pa rticipation by equity members in the City’s cannabis industry. The ideal contractor will also understand the grant application process and the capacity to carry out the study once funding is secured. The selected consultant will engage city staff and stakeholders, community members, and partner organizations, focusing particularly on listening to and reflecting the needs of traditionally underserved and underrepresented populations in the regulated cannabis industry.

It is the City’s intent to enter into an Agreement for Services for the final negotiated scope of work, fees, and schedule. The desired timeframe for completion of the comprehensive action plan and educational materials is six to eight months.

CITY OF SALINAS
Today, Salinas is a compact urban community within a unique agricultural setting. Unlike the vaguely defined boundaries and sprawl that characterize so much of urban California, the highly productive agricultural lands surrounding Salinas create a distinct urban/agricultural edge that serves as a reminder of the source of the area's economic well-being. The City lies at the north end of the Salinas Valley, known as "The Salad Bowl of the World," and is the processing and shipping point for lettuce, broccoli, mushrooms, and strawberries, along with numerous other crops. With its mild climate and fertile soil, Salinas has become the processing and shipping point for one of the world's largest agricultural centers.

Over the past seventy years, the community of Salinas has undergone extensive change. Once a small agricultural community of 14,000 persons in 1950, Salinas has expanded to become the largest city in the County with a population of over 163,540 in 2023. As of the 2021 census, 79.8 % of the Salinas population is Hispanic or Latino, 27.7% White, 8.5 % Two or more races, 5.8 % Asian, 1.4 % Black, and 0.9% American Indian. With 66.75% of the population Spanish speaking and 28.47% of the population English speaking only.

Pursuant to Chapter 16B and the California Medical Cannabis Regulation and Safety Act (MCRSA), the City of Salinas developed regulations relating to the acceptance and processing of permits for commercial c annabis businesses (which were approved by the City Council on May 17, 2016) and began accepting applications for medical commercial cannabis businesses in June 2016. Article VII of the Salinas Municipal Code outline the regulation of cannabis activity in the City of Salinas as well as measures that promote the development of businesses in the commercial cannabis industry.

3 SECTION II: CONTEXT WITH CITY COUNCIL STRATEGIC PLAN

The proposal for the Cannabis Social Equity Assessment is to be consistent with the City of Salinas Strategic Plan.

City of Salinas Strategic Plan 2022-2025:

• Economic Development: Support and engage small, large, and entrepreneurial business.

Promote Salinas as a desired destination for business.
• Effective and Culturally Responsive Government: Establish an Equity Plan. Provide Diversity, Equity and Inclusion (DEI) training for policymakers. Make government services more accessible and culturally responsive for non-English speaking residents.

CITY OF SALINAS COMMERCIAL CANNABIS BUISNESS O

VERVIEW

The City of Salinas regulates the establishment and the operation of a limited number of commercial cannabis businesses, including cultivation, dispensaries, manufacturing, distribution, and delivery services. The regulations pertaining to Commercial Cannabis Businesses can be found in Chapter 5, Article VII of the Salinas Municipal Code. Permits are awarded competitively, and applications are only accepted during specified permitting rounds. Commercial Cannabis Permits are required for any business that engages in the Cultivation, Manufacturing, Distribution (except as described under Administrati ve Permits), Dispensing, and/or Delivery of cannabis or cannabis products. Testing Facilities and small distribution businesses must obtain an Administrative Permit in lieu of a Commercial Cannabis Permit.

SECTION III: PROPOSED PROJECT & SCOPE OF SERVICES
Responses to this RFP are free to expound upon or suggest modifications to the scope of work and the City welcomes such creative expressions as the Consultant might determine consistent with the goal of the study. The scope of work for this project is outlined below. This scope is not intended to be all inclusive but, instead, generally demonstrative of services to be provided.

The City of Salinas Cannabis Equity Assessment provides a data -informed look at the historical impacts of poverty and the criminalization of cannabis on the community. The assessment includes policy recommendations to guide the creation of a local cannabis equity program alongside recommendations on community investment of cannabis revenue on neighborhoods most harmed by the “War on Drugs”.

Scope of Services

Phase 1:

The Consultant will assist the City in identifying potential grants for the development of a data - dri
ven Cannabis Equity Assessment (“Study”). Historically, the State of California through the Governor’s Office of Business and Economic Development (GO-Biz) has funded the development 4 of Cannabis Equity Assessments and it is expected that the State mayissue a Notice of Funding Availability later in 2023. In addition to this potential funding source, the Consultant will identify other potential grants. The Consultant will prepare a standard grant proposal for Salinas based on the requirements of GO-Biz funding. City staff as needed may modify this grant proposal for other funding opportunities that come along.

Phase 2:

If successful in securing funding, the Consultant will complete a data -informed Cannabis Equity Assessment (“Study”) using geo-spatial analysis. The City may proceed with Phase 2 even if grant funding is not secured should City Council designate additional funding toward the Project. The goal of the Study is to measure the success of and identify growth opportunities for equity in the cannabis industry and to inform public policy pertaining to land use, fiscal/economic, and other regulations through an equity lens. The Study also will present demographic and historic data on neighborhoods in Salinas most impacted by the criminalization of cannabis and will identify community needs and service gaps for strategic investment in community programming, facilities, and infrastructure. The Study should be completed within 6-9 months of an executed contract.

The Study will outline recommendations in two areas: 1) how to promote equitable ownership and employment opportunities in cannabis and 2) how to ma ke strategic investment of cannabis revenue to mitigate the harm on communities disproportionately impacted by criminalization of cannabis and poverty based on data.

The Study should address the following questions:

a) What population and which neighborhoods have been most harmed by criminalization of cannabis and poverty.

b) What is the state of equity in the cannabis industry in Salinas and how is it measured?

c) What does an equitable cannabis industry mean and how can it be achieved?

d) What are the components of a successful equity program both in terms of economic development and community investment.
e) What are the appropriate equity metrics for analyzing the success of an equity program and what should the benchmarks be to address disparities and inequities?

f) What are the barriers and mitigation strategies to participation in the Salinas cannabis industry?

g) Based on the literature and case studies and given the legal and regulatory parameters within which the City must operate, what alternate directions should the city explore to achieve greater equity in the cannabis industry in Salinas? What changes should be made to current city policies and regulations to increase the number of equity participants?

In making recommendations, the Consultant shall also perform the following:
5 1. Develop a geo-spatial map that shows impacts of criminalization of cannabis and poverty by census tract.

2. Reach out to local non- profits and staff to identify service needs and gaps in impacted neighborhoods.

4. Identify opportunities and make recommendations on strategic neighborhood investments based on best practices and recommendations found in various City plans including the Council’s Strategic Plan; Alisal Vibrancy Plan; Chinatown Revitalization Plan; Parks, Rec, and Libraries Master Plan; and Community Alliance for Safety and Peace Strategic Plan.

5. Conduct a community survey regarding proposed strategic investments reaching at least 500 individuals.

6. Identify opportunities and make recommendations for changes to policies, procedures, and practices to achieve greater equity in the Salians cannabis industry.

7. Provide periodic progress reports to the Community Development Department.

8. Provide a detailed briefing on the study results to the Cannabis Subcommittee and City Council.

9. Document all data, findings, and recommendations and provide to the city, along with the Study.

SECTION IV SCOPE OF WORK AND FEE PROPOSAL FORMAT
Please provide your proposal no later than Friday, May 12, 2023 by 11:59 pm, with your response organized in accordance with this section and the order presented below.

1. Cover Letter
• Proposal summary
• Name, title and telephone number of the consultant’s designated lead contact person for communications pertaining to this proposal.
• A description of the firm, including relevant work experience. • Background and experience in performing equity studies, particularly those looking at equity as it relates to the cannabis industry and/or governmental entities. • Background and experience in equity issues and/or serving underserved communities, including but not limited to racial equity and economic justice work experience.

2. Project Team
• Organizational chart illustrating team members assigned to the project and their respective roles.
•
Description of team members and subconsultants assigned to the project and their respective roles and responsibilities. It is expected that once the work begins, the project team will remain in place until the work is completed. Please include statements regarding the length of commitment of the proposed staff if they are not available for the duration of this project.

• A brief biography or resume of each team member.
6 3. Approach to Scope of Work including Tasks and Deliverables • A narrative describing the approach and work plan identifying major tasks to be completed and estimated time frame for each task.
• Information on proposed methodology and data gathering and how these methods can achieve the Study’s goals.
• A description of actions taken by the firm to reduce implicit bias and implement cultural competency for employees and principals.
• A description of the firm’s commitment to racial equity or a racial equity/equity statement, including but not limited to a statement on Diversity, Equity, and Inclusion for the firm and its work.
• In addition to the specific qualifications requested above, identify and/or recommend any additional or innovative services provided by your firm that may be related to or helpful to a comprehensive equity study of this nature.
• Any additional suggestions Consultant believes would be valuable to include in this effort and any recommendation for further clarifying the scope of work and the usefulness of the product.

4. Cost Proposal and Fee Schedule
• A detailed cost proposal in matrix form including the hourly rates and time commitments for all team members and sub-consultants by task for the project. • Denote any proposed optional tasks.
• Firm and subconsultant fee schedules.
• A sample invoice and billing backup.

5. Project Schedule
• Include timeframe for completion of tasks, including milestone dates for primary deliverables
• For project management purposes, the schedule should indicate frequency of meetings with City staff, as well as, the duration and number of other proposed meetings, including community, Commission, and City Council.

Additional Information
The City reserves the right to request and to require substantially more extensive and detailed information during any subsequent contract negotiations.

SECTION V: SELECTION PROCESS
All proposals received electronically by the due date will be evaluated by the City. Only information which is received in response to the RFP or any subsequent interview or information request will be evaluated. The City will evaluate the responses of each proposal in several critical areas, including:
• Demonstrated understanding of the scope of work and Consultant’s proposed methodology and familiarity with applicable practices and methodologies for the proposed work. 7 • Adequate technical, financial, and staffing resources for completion of the scope of work within the proposed time schedule.
• Demonstrated qualification of the project leader and assurance of his or her principal involvement in the project through completion.
• Availability and capacity to move the project forward and the flexibility to adjust quickly to changes in a complex community environment.
• Organization, presentation, and content of proposal, in conformance to the specified RFP format.

Scoring
Responses will be evaluated against the Submission Requirements.

The rating and raking evaluation will be weighted as follows:

Criteria Points
Demonstrated project understanding and scope of work approach 20 Firm qualifications and experience (including examples of similar projects)
20 Team member qualifications and experience  20
Capacity and track record of delivering projects on time and within budget  20 DEI – Includes a racial equity/DEI statement of commitment 10 Completeness of response and quality of submittal 10
Total 100

Top rated proposals may be invited to an oral interview.

SECTION VI : PROPOSAL DUE DATE, DELIVERY AND AWARD

Proposed Selection Schedule

Request for Proposals Released: April 12, 2023

Deadline for Submitting Written Questions: April 21, 2023

City’s Response to Written Questions: May 1, 2023

Deadline for Submission of Proposals: May 12, 2023 by 11:59 pm

Tentative Interview Dates (if necessary): Week of June 5 th

8 Notification of Recommendation for Selection: Week of June 10th or sooner

Final Selection to City Council for Consideration (if necessary): June 20, 2023

Delivery

Completed RFP
responses are to be submitted electronically by emailing File Transfer Protocol (FTP) instructions or a link to a cloud-sharing folder to Michael Gomez, Economic Development Analyst at [email protected] prior to the designated submission date and time stated above. The City will not be accepting paper proposals.

Awar
d of Contract

Depending on the contract amount, the item may be scheduled for consideration before the Salinas City Council on June 20, 2023. If the City Manager is able to approve the contract under the City’s purchasing requirements, then the award can be made shortly after contract negotiations conclude.

Contact Information

Any questions r
egarding this RFP may be emailed to [email protected] faxed to (831) 758-7387 by April 21, 2023. All submitted questions and responses will be provided via email as an addendum on May 1, 2023 after the close of the question period. No questions regarding this RFP will be answered over the phone. All addendums shall become part of this RFP. A signed copy of any addendum shall be included in the proposal.

CONDITIONS OF

REQUEST

General Conditions

The City reserves the right to cancel or reject all or a portion or portions of the Request for Proposals without notice. Further, the City makes no representations that any agreement will be awarded to any organization submitting a proposal. The City reserves the right to reject any and all proposals submitted in response to this request or any addenda thereto. Any changes to the proposal requirements will be made by written addendum.

Liability of Costs and Responsibility

The City shall not be liable for any costs incurred in response to this Request for Proposals. All costs shall be borne by the person or organization responding to the request. The person or organization responding to the request shall hold the City harmless from any and all liability, claim or expense whatsoever incurred by or on behalf of that person or organization. All submitted material becomes the property of the City of Salinas.

The selected proposer will be required to assume responsibility for all services offered in the proposal whether they possess them within their organization. The selected proposer will be the sole point of contact regarding contractual matters or other liabilities, including payment of any and all charges resulting from the contract.
9 Public Nature of Proposal Material

Responses to this Request for Proposals become the exclusive property of the City. At such times as a formal recommendation to award an agreement to one proposers is made to the awarding authority, all submittals received in response to this Request for Proposals become a matter of public record and shall be regarded as public records, with the exception of those elements in each submittal which are defined by the proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary”, unless disclosure is required under the California Public Records Act or other applicable law. Any submittal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary,” shall be regarded as non-responsive.

Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a proposer submits is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary,” the City will provide the proposer who submitted the information with reasonable notice to allow the proposer to seek protection from disclosure by a court of competent jurisdiction.

Va
lidity

The proposer agrees to be bound by its proposal for a period of ninety (90) days commencing from the date proposals are due, during which time the City may request clarification or correction of the proposal for the purpose of evaluation. Amendments or clarifications shall not affect the remainder of the proposal, but only the portion so amended or clarified.

Permits and Licenses

Proposer, and all of proposer’s subcontractors, at its and/or their sole expense, shall obtain and maintain during the term of any agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, which will be required in connection with the performance of services hereunder.

Oral and Written Explanations

The City will not be bound by oral explanations or instructions given at any time during the review process or after the award. Oral explanations given during the review process and after award become binding only when confirmed in writing by an authorized City official. Written responses to question(s) asked by one proposer will be provided to all proposers who received this Request for Proposals.

Pro
poser’s Representative

The person signing the proposal must be a legal representative of the firm authorized to bind the firm to an agreement in the event of the award.

10 Insurance

General liability, automobile, professional liability, and workers’ compensation insurance are required if selected.

Professional Services Agreement

The selected firm must enter into a written agreement for the services using the City’s standard Professional Services Agreement (the “Agreement”), a copy of which accompanies this RFP (see attachment).

Form: Professional Services Agreement v. April 2023 Page 1 of 16 Rowe Policy and Media Inc.

August 2023]

AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF SALINAS AND ROWE
POLICY & MEDIA INC.

Form: Professional Services Agreement v. April 2023 Page 2 of 18 Rowe Policy and Media Inc.

August 2023

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

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

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

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

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

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

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

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

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

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

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

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

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

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

14. Changes to Scope of Work. ................................................................................................. 6

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

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

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

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

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

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

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

22. Severability .......................................................................................................................... 8

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

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

25. Conflict of Interest. .............................................................................................................. 9

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

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

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

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

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

31. Counterparts. ...................................................................................................................... 10

Form: Professional Services Agreement v. April 2023 Page 3 of 18 Rowe Policy and Media Inc.

August 2023

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

33. Joint Representation. .......................................................................................................... 10

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

35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements .............................................................................................. 12 Exhibit B- Scope of Service .......................................................................................................... 15

Form: Professional Services Agreement v. April 2023 Page 4 of 18 Rowe Policy and Media Inc.

August 2023

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND ROWE POLICY + MEDIA INC.

This Agreement for Professional Services (the “Agreement” ) is made and entered into this 22nd day of August , 2023, between the City of Salinas , a California Charter city and municipal corporation (hereinafter “City”), and Rowe Policy + Media, Inc , a California stock corporation (hereinafter “Consultant”).

RECITALS

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

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

NOW, THEREFORE, City and Consultant agree as follows:

TERMS

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

2. Term; Completion Schedule. This Agreement shall commence on August 22, 2023, and shall terminate on September 30, 2023, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.

3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed eighty-four thousand three hundred and fifty dollars ($84,350).

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

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

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

Form: Professional Services Agreement v. April 2023 Page 5 of 18 Rowe Policy and Media Inc.

August 2023

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

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

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

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

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

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

(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City.

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

(C) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the

Form: Professional Services Agreement v. April 2023 Page 6 of 18 Rowe Policy and Media Inc.

August 2023

complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.

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

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

10. Indemnification and Hold Harmless.

Consultant shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder, including the performance of work of any of Consultant’s subcontractors or agents, or Consultant’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

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

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

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

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

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

Form: Professional Services Agreement v. April 2023 Page 7 of 18 Rowe Policy and Media Inc.

August 2023

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

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

16. Termination.

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

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

(2) For any reason whatsoever.

(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:

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

(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and

(2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials

Form: Professional Services Agreement v. April 2023 Page 8 of 18 Rowe Policy and Media Inc.

August 2023

provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.

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

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

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

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

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

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

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

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

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

Form: Professional Services Agreement v. April 2023 Page 9 of 18 Rowe Policy and Media Inc.

August 2023

23. Notices.

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

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

With a copy to:

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

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

Brad Rowe
President
8383 Wilshire Blvd, Ste 800
Beverly Hills, CA 90211
213-500-8170
Email: [email protected]

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

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

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

25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or

Form: Professional Services Agreement v. April 2023 Page 10 of 18 Rowe Policy and Media Inc.

August 2023

degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.

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

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

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

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

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

31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.

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

33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No

Form: Professional Services Agreement v. April 2023 Page 11 of 18 Rowe Policy and Media Inc.

August 2023

presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.

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

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

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

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

CITY OF SALINAS

____________________________
Steve Carrigan
City Manager

APPROVED AS TO FORM:

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

CONSULTANT

___________________________________

By (Printed Name): Brad Rowe ___________________
Its (Title): President

Form: Professional Services Agreement v. April 2023 Page 12 of 18 Rowe Policy and Media Inc.

August 2023

Exhibit A- Insurance Requirements

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

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

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

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

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

Form: Professional Services Agreement v. April 2023 Page 13 of 18 Rowe Policy and Media Inc.

August 2023

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

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

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

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

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

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

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

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

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

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

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

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

Form: Professional Services Agreement v. April 2023 Page 14 of 18 Rowe Policy and Media Inc.

August 2023

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

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

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

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

Form: Professional Services Agreement v. April 2023 Page 15 of 18 Rowe Policy and Media Inc.

August 2023

Exhibit B- Scope of Service

Form: Professional Services Agreement v. April 2023 Page 16 of 18 Rowe Policy and Media Inc.

August 2023

Form: Professional Services Agreement v. April 2023 Page 17 of 18 Rowe Policy and Media Inc.

August 2023

Form: Professional Services Agreement v. April 2023 Page 18 of 18 Rowe Policy and Media Inc.

August 2023

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-496, Version: 1
Ordinance amending Article VI of Chapter 9 of the Salinas Municipal Code - Flood Damage Prevention Consider adopting an Ordinance amending Article VI of Chapter 9 the Salinas Municipal Code to update the regulations governing flood damage prevention.

City of Salinas Printed on 8/17/2023Page 1 of 1
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: AUGUST 22, 2023
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, PE, PLS, DIRECTOR
BY: ADRIANA ROBLES, PE, CFM, CITY ENGINEER

ANDREA CARDENAS, EIT, ENGINEERING AIDE II
TITLE: CHAPTER 9, ARTICLE VI ORDINANCE UPDATE

RECOMMENDED MOTION:

A motion to adopt an Ordinance update to Article VI of Chapter 9 of the Salinas Municipal Code to update the regulations governing flood damage prevention.

BACKGROUND:

The National Flood Insurance Program (NFIP) was established by the U.S. Congress with the passage of the National Flood Insurance Act of 1968. The NFIP is managed by the Federal E mergency Management Agency (FEMA). Most homeowner insurance policies do not cover flood damage. In November 1981, the City Council accepted participation in the National Flood Insurance Program.

By participating in the NFIP, the City of Salinas is able to provide property owners, renters, and businesses with flood insurance options. In exchange, the participating community agrees to adopt, implement and enforce floodplain management regulations that help mitigate future flood effects.

Through the Community Rating System (CRS) program, FEMA can verify and recognize when a community is exceeding the minimum requirements of the NFIP. Some of the responsibilities of a NFIP community include adopting and enforc ing flood maps and the flood damage prevention ordinance, advising and working with FEMA and the State when updates to the flood maps are needed, and maintaining records of the city’s CRS-credited activities. As part of this voluntary incentive program, a community is awarded an NFIP policy premium discount when extra measures are performed. The discounted amount is based on the rating received through the CRS program.

Since 2013, the City of Salinas as a participant in the CRS program, has maintained a class seven (7) rating which qualifies residents and property owners of Salinas for a 15 percent discount on flood insurance premiums when located in the Special Flood Hazard Area (SFHA) and a five (5) percent discount outside the SFHA.

In 2018, FEMA , began working with a contractor to update and validate the SFHAs on Flood Insurance Rate Maps (FIRMs) for creeks throughout Monterey County. The upper portion of the Natividad Creek and its tributaries was selected by FEMA to map. Preliminary Flood Insurance Study (FIS) and FIRM were provided by FEMA for review by the City on October 21, 2021. A news release

Page | 2

and radio public service announcement issued on May 11, 2022 informed the general public of the review of the preliminary flood maps. Updates will rev ise the following FIRMs: 06053C0226H, 06053C0227H, 06053C0228H, 06053C0229H, 06053C0236H, 06053C0237H and 06053C0238H and FIS: 06053CV001C, 06053CV002C, 06053CV003C, 06053CV004C and 06053CV005C. Maps can be accessed from FEMA’s Flood Map Service Center ( FEMA Flood Map Service Center | Welcome!).

On May 30, 2023 a Letter of Final Determination was issued indicating the FIS and FIRM would become effective on November 30, 2023. As an NFIP participant, the City o f Salinas is required to review and update its floodplain regulations to align the federal code (44 CFR Part 60.3(d)) of the NFIP.

The updated ordinance has been reviewed by FEMA and requires council adoption prior to the effective date of the new FIS and FIRM.

A summary of changes is listed below:

1. Update Article numbering.

2. Update Statement of purposed.

3. Insert Coordination with California Building Standards Code.

4. Update Design flood elevation definition.

5. Add definition for Flood hazard area.

6. Add definition for Fraud or victimization.

7. Add definition for Nuisance.

8. Insert provisions for applicability of Other laws.

9. Insert General applicability.

10. Add additional Duties and responsibilities of the floodplain administrator.

11. Insert section for Permits for Floodplain Development.

12. Update sections for Flood Hazard Reduction.

13. Add Limitations on authority for Variance Procedures.

14. Update Conditions of variances.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

STRATEGIC PLAN INITIATIVE:

This report supports the City of Salinas Strategic Plan goals and objectives for Infrastructure and Environmental Sustainability, Public Safety, and Effective and Culturally Responsive Government.

Page | 3

DEPARTMENTAL COORDINATION
Staff from the Public Works Department (Development Engineering Division) working through the City Engineer manage and administer the Floodplain ordinance.

FISCAL AND SUSTAINABILITY IMPACT:

Adoption of the Flood Damage Prevention Ordinance Update will not have a fiscal impact on the City’s budget. Fees are collected to recover costs associated with plan check and inspection required for development in Special Flood Hazard Zones.

ATTACHMENTS

Ch 9 Article VI Ordinance Update

ORDINANCE NO. (N.C.S.)

AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 9 OF THE SALINAS

MUNICIPAL CODE UPDATING THE FLOODPLAIN REGULATIONS

City Attorney’s Impartial Analysis

This Ordinance amends sections of Chapter 9 of the Salinas Municipal Code to incorporate 44 CFR Part 60.3(d) of the NFIP regulations.

WHEREAS, the Federal Emergency Management Agency (FEMA) has identified special flood hazard areas within the boundaries of the City of Salinas and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and

WHEREAS, the City of Salinas was accepted for participation in the National Flood Insurance Program on November 4, 1981 and the City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and

WHEREAS, in September 2018, FEMA Region IX informed the County of Monterey, City of Salinas, City of Gonzales and City of Soledad of a project to update the flood maps for certain creeks within the County. The upper portion of the Natividad Creek w as mapped as part of the update; and

WHEREAS, preliminary Flood Insurance Study (FIS) report, preliminary Flood Insurance Rate Map (FIRM) and preliminary Summary of Map Actions (SOM A) were provided by FEMA on October 21, 2021; and

WHEREAS, a news release, along with a radio public service announcement, were issued by FEMA on May 11, 2022 of the public review period of the preliminary flood maps; and

WHEREAS, on May 30, 2023 , FEMA issued a Letter of Final Determination indicating the updated FIS and FIRM will become effective on November 30, 2023 , and requiring review of the city’s floodplain regulations to align with 44 CFR Part 60.3(d) of the National Flood Insurance Program (NFIP).

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

SECTION 1. Recitals. The above recitals are true and correct and are by this reference incorporated herein in their entirety.

SECTION 2. Article VI of Chapter 9 of the Salinas Municipal Code is hereby amended as follows (Revisions are shown in underline/strikethrough text):

Chapter 9
Division I. Generally.

Sec. 9-51.1.9-06.01. Statutory authorization.

The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Salinas does hereby adopt the following floodplain management regulations.

Sec. 9-51.2.9-06.02. Findings of fact.
(a) The flood hazard areas of Salinas, California are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

Sec. 9-51.3.9-06.03. Statement of purpose.

It is the purpose of this article to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
(a) To protect human life and health;
(b) To minimize expenditure of public money for costly flood control projects; (c) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) To minimize prolonged business interruptions;
(e) To minimize damage to public and private facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(f) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

(g) To ensure that potential buyers are notified that property is in an area of special flood hazard; and
(h) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(i) Minimize unnecessary disruption of commerce, access and public service during times of flooding.
(j) Require the use of appropriate construction practices in order to prevent or minimize future flood damage.
(k) Contribute to improved construction techniques in the floodplain. (l) Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22 Sec 9-06.04. Coordination with California Building Standards Code.

Pursuant to the requirement established in State statue that the City of Salinas administer and enforce the California Building Standards Code, the City Council of the City of Salinas hereby acknowledges that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the building codes.

Sec. 9-51.4.9-06.05. Methods of reducing flood losses.

In order to accomplish its purposes, this article includes methods and provisions for:
(a) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (d) Controlling filling, grading, dredging, and other development which may increase flood damage; and
(e) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

Sec. 9-52.1.9-06.06. Definitions.

Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
(a) "Accessory structure." See Section 37-50.010 of Salinas City Code. For floodplain management purposes, the term includes only accessory structures used for parking and storage.
(b) "Accessory use." See Section 37-50.010 of the Salinas City Code.

(c) "Agricultural structure" means a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses. (d) "Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
(e) "Alteration of watercourse" means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
(f) "Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.
(g) "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this article or a request for a variance. (h) "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
(i) "Area of special flood hazard." See "Special flood hazard area." (j) "ASCE 24" means the standard Flood Resistant Design and Construction, referenced by the building code, developed and published by the American Society of Civil Engineers, Reston, VA. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code.
(k) "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood"). (l) "Base flood elevation (BFE)" means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).
(m) "Basement" means any floor below the first story in a building (below ground level), except that a floor level in a building having only one floor shall be considered a basement unless such floor qualifies as a first story.
(n) "Board of appeals" means the city council.

(o) "Break-away walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A break-away wall shall have a safe design loading resistance of no less than ten and no more than twenty pounds per square foot. Use of break-away walls must be certified by a registered engineer or architect and shall meet the following conditions:
(1) Break-away wall collapse shall result from a water load less than that which would occur during the base flood; and
(2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
(p) "Building code" means California Code of Regulations Title 24, the California Building Standards Code, the family of building codes specifically adopted by the State of California and composed of:
(1) Part 2, applicable to buildings and structures other than dwellings within the scope of this part.
(2) Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three stories, and accessory structures.
(3) Part 10, applicable to existing buildings (as defined in that code). (4) Other specified codes.
(q) “Design flood” means the flood associated with the greater of the following two areas:
(1) Area with a flood plain subject to a 1-percent or greater chance of flooding in any year.
(2) Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.
(q)(r) "Design flood elevation (DFE)" means the elevation of the highest flood (generally the BFE including freeboard) that a retrofitting method is designed to protect against. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet (610 mm).
(r)(s) "Development." See Section 37-10.280 of the Salinas City Code. (s)(t) "Elevation Certificate" means an official record that shows new buildings and substantial improvements in all identified Special Flood Hazard Areas (SFHAs) are properly elevated. This elevation information is needed to show compliance with the floodplain management ordinance.

(t)(u) "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
(u)(v) "Exceptional hardship" means, for the purpose of variances from these regulations or the building code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere economic or financial hardship is not exceptional.

Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not rule, qualify as exceptional hardships. All of these circumstances can be resolved through other means without granting variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended. (v)(w)"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either the final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
(w)(x) "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
(x)(y) "Flood or flooding or flood water" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows);
(3) Any other condition resulting from flood-related erosion. (y)(z) "Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the floodway. (z)(aa)"Flood control project" means a dam or barrier design and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.
(aa)(bb) "Flood damage-resistant materials" means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.
(cc) “Flood hazard area” means the greater of the following two areas:
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.

(2) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated.
(bb)(dd) "Flood hazard boundary map [FHBM]" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.
(cc)(ee) "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
(dd)(ff) "Flood insurance study [FIS]" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood. (ee)(gg) "Floodplain or flood-prone area" means any land areas susceptible to being inundated by water from any source (see definition of "flooding"). (ff)(hh) "Floodplain administrator" is the individual appointed to administer and enforce the floodplain management regulations. The city engineer is hereby appointed to be the floodplain administrator.
(gg)(ii) "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
(hh)(jj) "Floodplain management regulations" means the ordinance codified in this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control ordinances) and other applications of police power which control development in flood-prone areas. The term describes such federal, state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
(ii)(kk) "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 or most recent updates for guidelines on dry and wet floodproofing.) (jj)(ll) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."
(kk)(mm) "Floodway fringe" means that area of the one-hundred-year floodplain shown on the FEMA floodway maps that could be completely obstructed without increasing the water surface elevation of the one-hundred-year flood more than one foot at any point.

(nn) "Fraud or victimization" means, for the purpose of variances from these regulations or the building code, the intentional use of deceit to deprive another of rights or property, making a victim of the deprived person or the public. As it pertains to buildings granted variances to be constructed below the elevation required by the building code, future owners or tenants of such buildings and the community as a whole may bear the burden of increased risk of damage from floods, increased cost of flood insurance, and increased recovery costs, inconvenience, danger, and suffering. (ll)(oo) "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. (mm)(pp) "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (nn)(qq) "Historic structure" means any structure that is either:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs; or (oo)(rr) "Letter of Map Change (LOMC)" means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.
(2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. (3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is,

therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. (4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
(pp)(ss) "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. (qq)(tt) "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. (rr)(uu) "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). (See "Basement" definition).
(1) An unfinished or flood resistant enclosure below the lowest floor, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements including, but not limited to:
a. The wet floodproofing standard in Section 9-55.1(c)(3)9-06.34(c)(3); b. The anchoring standards in Section 9-55.1(a)9-06.34(a)); c. The construction materials and methods standards in Section 9-55.1(b)9-

06.34(b); and
d. The standards for utilities in Section 9-55.29-06.36. (2) For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.
(ss)(vv) "Manufactured home" means a structure that is factory-fabricated, built in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities, and which complies with requirements adopted by the State of California Department of Housing and Community Development. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. The term "manufactured home" does not include a "recreation vehicle." (tt)(ww) "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

(uu)(xx) "Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences. (vv)(yy) "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced. (ww)(zz) "New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the city, and includes any subsequent improvements to such structures.
(xx)(aaa) "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.
(bbb) “Nuisance” means that which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
(yy)(ccc) "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
(zz)(ddd) "One-hundred-year flood" or "100-year flood" means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this article. (aaa)(eee) "Permit for floodplain development" means an official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specified development activities that are located in flood hazard areas and that are determined to be compliant with these regulations.

(bbb) (fff) "Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.
(ccc)(ggg) "Recreation vehicle." See Section 37-50.190 of the Salinas City Code. (ddd)(hhh) "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. (eee)(iii) "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the article or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.
(fff)(jjj) "Riverine" means relating to, formed by, or resembling a river (including tributaries, stream, brook, etc.).
(ggg)(kkk) "Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1— 30, AE, A99 or AH.
(hhh)(lll) "Start of construction" includes substantial improvement and other proposed new development, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(iii)(mmm) "Structure" means anything constructed or erected on the ground or which is attached to something erected on the ground, including a manufactured home. (jjj)(nnn) "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. (kkk)(ooo) "Substantial improvement" means any repair, reconstruction, rehabilitation, addition, or other proposed new development of a structure, or improvement of a structure, the cost of which equals or exceeds fifty percent of the

market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." (lll)(ppp) "Utility and Miscellaneous Group U" means buildings and structures of an accessory character and miscellaneous structure not classified in any special occupancy, as described in the building code.
(mmm)(qqq) "Variance" means a grant of relief from the requirements of this article which permits construction in a manner that would otherwise be prohibited by this article.
(nnn)(rrr) "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided.
(ooo)(sss)"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (ppp)(ttt) "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Sec. 9-53.1.9-06.07. Lands to which this article applies.

This article shall apply to all areas of special flood hazards within the jurisdiction of the City of Salinas.

Sec. 9-53.2.9-06.08. Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the flood insurance study (FIS) in a scientific and engineering report entitled "The Flood Insurance Study for the City of Salinas," dated May 4, 1981, and accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated November 4, 1981, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this article. The flood insurance study (FIS) is on file at the Salinas Permit Center, 65 West Alisal Street, Engineering and Transportation Department. This FIS and attendant mapping are the minimum area of

applicability of this article and may be supplemented by studies for other areas which allow implementation of this article and which are recommended to the city council by the floodplain administrator.

Sec. 9-53.3.9-06.09. Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term of this article and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Alternatively, and in the discretion of the city attorney, any violation of the requirements set forth in this article may be prosecuted administratively pursuant to the provisions of the City Code. Nothing herein shall prevent the city from taking such legal action available to it under the law as may be necessary to prevent or remedy any violation.

Sec. 9-06.10. Other laws.

The provisions of these regulations shall not be deemed to nullify any provisions of local, State or federal law.

Sec. 9-53.4.9-06.11. Abrogation and greater restrictions.

This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the most stringent restrictions shall prevail.

Sec. 9-53.5.9-06.12. Interpretation.

In the interpretation and application of this article, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and (c) Deemed neither to limit nor repeal any other powers granted under state statutes.

Sec. 9-53.6.9-06.13. Warning and disclaimer of liability.

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city, any officer or employee thereof, the state of California, the Federal Insurance Administration, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.

Sec. 9-53.7.9-06.14. Severability.

This article and the various parts thereof are hereby declared to be severable. Should any section of this article be declared by the courts to be unconstitutional or invalid, such decision

shall not affect the validity of the article as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

Sec. 9-06.15. General applicability.

These regulations, in conjunction with the building codes, provide minimum requirements for development located in flood hazard areas, including the subdivision of land; filling, grading and other site improvements; installation of utilities; installation, placement and replacement of manufactured homes; placement of recreational vehicles; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; certain building work exempt from permit under the building codes; and flood control projects.

Division II. Administration.

Sec. 9-54.1.9-06.16. Establishment of development permit.

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 9-53.2.9-06.08 Application for a development permit shall be made on forms furnished by the floodplain administrator, and may include, but are not limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
(a) Site plan, including but not limited to:
(1) For all proposed structures, spot ground elevations at building corners and twenty- foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site; and
(2) Proposed locations of water supply, sanitary sewer, and utilities; and (3) If available, the base flood elevation from the flood insurance study and/or flood insurance rate map; and
(4) If applicable, the location of the regulatory floodway. (b) Foundation design detail, including but not limited to:
(1) Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures;
(2) For a crawl-space foundation, location and total net area of foundation openings as required in Section 9-55.1(c)(3)9-06.34(c)(3) of this article and FEMA Technical Bulletin TB 1-93 and 7-93 or most recent updates; and (3) For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety-five percent using the Standard Proctor Test method); and

(c) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 9-55.1(c)(2)9-06.34(c)(2) of this article and FEMA Technical Bulletin TB 3-93 or most recent update; and (d) All appropriate certifications listed in Section 9-54.3(d)9-06.19(d) of this article; and (e) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Sec. 9-54.2.9-06.17. Designation of the city engineer as local floodplain administrator.

The city engineer is hereby appointed to administer, implement, and enforce this article by granting or denying development permits in accord with its provisions, and shall be the floodplain administrator for the purpose of this article. The responsibilities hereunder may be delegated from time-to-time by the city engineer to one or more designees.

Sec. 9-54.3.9-06.18. Coordination of the floodplain administrator with the building official.

The floodplain administrator shall coordinate with and provide comments to the building official to administer and enforce the flood provisions of the building code and to ensure compliance with the applicable provisions of these regulations. The floodplain administrator and the building official have the authority to establish written procedures for reviewing applications and conducting inspections for buildings and for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 9-54.59-06.20 of these regulations.

Sec. 9-54.4.9-06.19. Duties and responsibilities of the floodplain administrator.

The duties and responsibilities of the floodplain administrator shall include, but not be limited to:
(a) Permit Review.
(1) Review all development permits to determine that the permit requirements of this article have been satisfied and that all other required state and federal permits have been obtained;
(2) Ensure that the site is reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage; (3) Ensure the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this article, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point.
(4) Review, in coordination with the Building Official, required design certifications and documentation of elevations specified by the building code to determine that such certifications and documentations are complete.
(5) Review applications and plans for modification of any existing development in flood hazard areas for compliance with these regulations.

(6) Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
(7) Determine whether additional flood hazard data shall be obtained from other sources or developed by the applicant.
(8) Coordinate with the Building Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
(9) Prepare comments and recommendations for consideration when applicants seek variances for development other than buildings in accordance with Section 9.56- 49-06.59 of these regulations
(10) Review all permit applications and plans to determine whether proposed development is located in flood hazard areas.
(11) Complete the appropriate section of the Department of Housing and Community Development Floodplain Ordinance Compliance Certification for Manufactured Home/Mobil home Installations when submitted by applicants. (12) Review requests submitted to the Building Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the building code, to determine whether such requests require consideration as a variance pursuant to Sections 9-06.55 through 9-06.59 of these regulations.
(13) Require applicants who propose alteration of a watercourse to notify adjacent communities and the NFIP State Coordinating Agency, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA). (14) Inspect development in accordance with Section 9-06.51 of these regulations and inspect flood hazard areas to determine when development is undertaken without issuance of permits.
(b) Use of Other Base Flood Data.
(1) When base flood elevation data has not been provided in accordance with Section 9-53.29-06.08, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 9-55.1.9-06.34 Any such information shall be submitted to the city for adoption; or (2) If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Section 9-55.19-06.34:
(A) Simplified Method.
(i) 100-year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method; and

(ii) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or
(B) Detailed Method.
(i) 100-year or base flood discharge shall be obtained using the U.S.

Army Corps of Engineers' HEC-HMS computer program; and
(ii) Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program.
(c) Notification of Other Agencies. Whenever a watercourse is to be altered or relocated:
(1) Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
(2) Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and
(3) Require that the flood carrying capacity within the altered or relocated portion of such watercourse is maintained.
(d) Whenever a base flood elevation changes due to physical alterations:
(1) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps (FIRMs) when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available
(2) When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision (CLOMR), construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision (LOMR).
(3) In addition to applicable Federal, State and other local permits, a permit for floodplain development is required for construction of flood control projects. The purpose for the permit is to examine the impact on flood hazard areas, floodways, and base flood elevations shown on the FIRM. Unless otherwise authorized by separate regulations, issuance of this permit does not address the sufficiency of the structural elements of the proposed flood control project. Permits for floodplain development and building permits in areas affected by proposed flood

control projects shall not be issued based on Conditional Letters of Map Revision issued by FEMA.
(4) Applications for permits for flood control projects shall include documentation including but not limited to:
(A) Site plan or document showing the existing topography and the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations shown on the FIRM.
(B) Site plan or document showing the proposed topography and the proposed changes to the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations.
(C) The documentation submitted to FEMA for a Conditional Letter of Map Revision (CLOMR). Submittal requirements and processing fees shall be the responsibility of the applicant. A CLOMR is required when a proposed flood control project alters a floodway and increases base flood elevations more than greater than 0.00 feet, or alters a watercourse a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated and increases base flood elevations more than 1.0 foot.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
(e) Whenever there are changes in corporate boundaries:
(1) Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
(f) Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed:
(1) Certification required by Section 9-55.1(c)(1)9-06.34(c)(1) and 9-55.4(b)9-

06.48(b) (lowest floor elevations);
(2) Certification required by Section 9-55.1(c)(2)9-06.34(c)(2) (elevation or floodproofing of nonresidential structures);
(3) Certification required by Section 9-55.1(c)(3)9-06.34(c)(3) (wet floodproofing standard);
(4) Certification of elevation required by Section 9-55.3(b)9-06.38(b) (subdivision standards);
(5) Certification required by Section 9-55.5(a)9-06.49(a) (floodway encroachments). (g) Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area.

The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 9-56.19-06.55 et seq. (h) Remedial Action. Take action to remedy violations of this article as specified in Section 9-53.39-06.09.

Sec. 9-54.5.9-06.20. Substantial improvement and substantial damage determinations.

For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:
(a) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
(b) Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure. (c) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
(d) Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

Sec. 9-54.6.9-06.21. Department records.

In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the floodplain administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the building codes, including Flood Insurance Studies and Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these regulations; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the building codes.

Sec. 9-54.7.9-06.22. Appeals.

The city council of the City of Salinas shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this article.

Division IIA. Permits for Floodplain Development.

Sec. 9-06.23. Permit required.

Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit for floodplain development. No permit shall be issued until compliance with the requirements of these regulations and all other applicable codes and regulations has been satisfied. No building permit shall be issued based on Conditional Letters of Map Revision issued by FEMA. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine a permit for floodplain development is required in addition to a building permit.

Sec. 9-06.24. Application for permit.

The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. The information provided shall:
(a) Identify and describe the development to be covered by the permit. (b) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitely locate the site.
(c) Indicate the use and occupancy for which the proposed development is intended. (d) Be accompanied by a site plan and construction documents as specified in Article 105 of these regulations, including grading, excavation and filling plans and other information deemed appropriate by the Floodplain Administrator. (e) State the valuation of the proposed work.
(f) Be signed by the applicant or the applicant's authorized agent. (g) Include such other data and information required by the Floodplain Administrator to demonstrate compliance with these regulations.

Sec. 9-06.25. Validity of permit.

The issuance of a permit for floodplain development under these regulations or the building codes shall not be construed to be a permit for, or approval of, any violation of these regulations, the building code, or any other ordinance of the community. The issuance of a permit for floodplain development based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations.

Sec. 9-06.26. Other permits required.

The applicant shall obtain all other required state and federal permits prior to initiating work authorized by these regulations and shall provide documentation of such permits to the

Floodplain Administrator. Such permits include but are not limited to the California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.

Sec. 9-06.27. Expiration.

A permit for floodplain development shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each unless FEMA has issued notification of revision to the Flood Insurance Rate Study and Flood Insurance Rate Maps that alter the flood hazard area or floodway boundaries, flood zones, or base flood elevations, in which case the permit is invalid.

Sec. 9-06.28. Suspension or revocation.

The Floodplain Administrator is authorized to suspend or revoke a permit for floodplain development issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of these regulations or any ordinance or code of this community.

Sec. 9-06.29. Appeals of decisions.

When it is alleged there is an error in any decision or determination made by the Floodplain Administrator in the interpretation or enforcement of these regulations, such decision or determination may be appealed to the City Council by filing a written appeal setting forth the reasons of the appeal.

Division III. Flood Hazard Reduction.

Sec. 9-06.30. Information for development in flood hazard areas.

The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:
(a) Delineation of flood hazard areas; floodway boundaries and flood zone(s); base flood elevation(s); ground elevations; proposed filling, grading, and excavation; and drainage patterns and facilities when necessary for review of the proposed development.
(b) Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 9-

06.31 or Section 9-06.32 of these regulations.
(c) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 9-06.31(b) of these regulations.

(d) Location of the proposed activity and proposed structures; locations of water supply, sanitary sewer, and other utilities; and locations of existing buildings and structures.
(e) Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
(f) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.
(g) Existing and proposed alignment of any proposed alteration of a watercourse.

Sec. 9-06.31. Information in flood hazard areas without base flood elevations (approximate Zone A).

Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator is authorized to:
(a) Require the applicant to include base flood elevation data prepared by a qualified CA Licensed Civil Engineer in accordance with currently accepted engineering practices. Such analyses shall be performed and sealed by a qualified CA Licensed Civil Engineer. Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator.

The accuracy of data submitted for such determination shall be the responsibility of the applicant.
(b) Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source.
(c) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:
(1) Require the applicant to include base flood elevation data in accordance with Section 9-06.31(a) of these regulations; or
(2) Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet.
(d) Where the base flood elevation data are to be used to support a request for a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.

Sec. 9-06.32. Additional analyses and certifications.

As applicable to the location and nature of the proposed development activity, and in addition to the requirements of these regulations, the applicant shall have the following analyses signed and sealed by a qualified CA Licensed Civil Engineer for submission with the site plan and construction documents:
(a) For development activities proposed to be located in a floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 9-06.19(d)(2) of these regulations and shall submit the Conditional Letter of Map Revision, when issued by FEMA, with the site plan and construction documents.
(b) For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the Flood Insurance Study or on the FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than 0.00 feet at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
(c) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices that demonstrates the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in Section 9-06.19(d)(2) of these regulations. The applicant shall notify the chief executive officer of adjacent communities and the California Department of Water Resources. The Floodplain Administrator shall maintain a copy of the notification in the permit records and shall submit a copy to FEMA.

Sec. 9-06.33. Requirements for buildings and structures in flood hazard areas.

Applications for building and structures within the scope of the building code that are proposed in flood hazard areas shall comply with the applicable requirements of the building code.

Sec. 9-55.1.9-06.34. Standards of construction.

In all areas of special flood hazards the following standards are required:
(a) Anchoring.
(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2) All manufactured homes shall meet the anchoring standards of Section 9-55.49-

06.48. (b) Construction Materials and Methods.
(1) All new construction and substantial improvements shall be constructed with flood-resistant materials as specified in FEMA Technical Bulletin TB 2-93 or the most recent update, and utility equipment resistant to flood damage; (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage;
(3) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (4) Require within Zones AH or AO adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. (c) Elevation and Floodproofing.
(1) Residential construction, new construction or substantial improvement of any structure shall have the lowest floor, including basement, elevated as follows:
(A) In an AO Zone, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by two feet, or elevated at least two feet above the highest adjacent grade if no depth number is specified;
(B) In an A Zone, elevated two feet (minimum) above the base flood elevation; such base flood elevation shall be determined by methods in Section 9-

54.3(b)9-06.19(b) of this article.
(C) In all other zones, elevated two feet (minimum) above the base flood elevation.

Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the building official to be properly elevated. Such certification and verification shall be provided to the floodplain administrator both prior to pouring the foundation and immediately after such foundation pour.
(2) Nonresidential construction, new or substantial improvement, shall either be elevated to conform to Section 9-55.1(c)(1) or (2)9-06.34(c)(1) or (2) together with attendant utility and sanitary facilities:
(A) Be floodproofed below the elevation recommended under Section 9-

55.1(c)(1)9-06.34(c)(1) so that the structure is watertight with walls substantially impermeable to the passage of water;
(B) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(C) Be certified by a registered professional engineer or architect that the standards of this Section 9-55.1(c)(2)9-06.34(c)(2) are satisfied. Such certification shall be provided to the floodplain administrator. (3) All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93 or most recent update, and must meet or exceed the following minimum criteria:
(A) Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one-foot above grade.

Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or
(B) Be certified by a registered professional engineer or architect, to comply with the local floodproofing standards approved by the Federal Insurance Administration.
(4) Manufactured homes shall also meet the standards in Section 9-55.49-06.48. (5) All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the building code, shall:
(A) Be located and constructed to minimize flood damage. (B) Meet the limitations of Section 9-06.39 of these regulations when located in a regulated floodway.
(C) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.
(D) Be constructed of flood damage-resistant materials. (E) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of the building code for wet locations.

Sec. 9-06.35. Detached garages and accessory storage structures.

Detached garages and accessory storage structures used only for parking or storage are permitted below the base flood elevation provided the garages and accessory storage structures:

(1) Are one story and not larger than 600 square feet in area when located in special flood hazard areas.
(2) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.
(3) Have flood openings in accordance with the building code. (4) Have flood damage-resistant materials used below the base flood elevation. (5) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation.

Sec. 9-55.2.9-06.36. Standards for utilities.
(a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.
(b) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(c) Sanitary sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. (d) Water supply facilities. All new and replaced water supply facilities shall be designed in accordance with the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the systems.
(e) Electrical, heating, ventilation, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall be elevated to two feet above the base flood level, with the exception of those that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the design flood elevation.

Sec. 9-06.37. Utility and Miscellaneous Group U.

Utility and miscellaneous Group U includes buildings that are accessory in character and miscellaneous structures not classified in any specific occupancy in the building code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, fences more than 6 feet (1829 mm) high, grain silos (accessory to a residential occupancy), greenhouses, livestock shelters, private garages, retaining walls, sheds, stables, and towers. In addition to the building code requirements for fire and life safety, the following shall apply to utility and miscellaneous Group U buildings and structures in flood hazard areas:
(1) New construction and substantial improvement of such buildings and structures shall be anchored to prevent flotation, collapse or lateral movement resulting from

flood loads, including the effects of buoyancy, during conditions of the design flood.
(2) New construction and substantial improvement of such buildings and structures, when fully enclosed by walls, shall be elevated such that the lowest floor, including basement, is elevated to or above the design flood elevation in accordance with ASCE 24 or shall be dry floodproofed in accordance with ASCE

24. (3) Unless dry floodproofed, fully enclosed areas below the design flood elevation shall be constructed in accordance with ASCE 24 and limited to parking, storage, and building access.
(4) When fully enclosed by walls, flood openings shall be installed in accordance with ASCE 24.
(5) Flood damage-resistant materials shall be used below the design flood elevation. (6) Mechanical, plumbing and electrical systems, including plumbing fixtures, shall be located or installed in accordance with ASCE 24.

Sec. 9-55.3.9-06.38. Standards for subdivisions and other proposed development. (a) All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty lots or five acres, whichever is the lesser, shall:
(1) Identify the special flood hazard areas (SFHA) and base flood elevations (BFE). (2) Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
(3) If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the floodplain administrator:
(A) Lowest floor elevation.
(B) Pad elevation.
(C) Lowest adjacent grade.
(4) When, as part of a proposed subdivision, fill will be placed to support buildings, the fill shall be placed in accordance with the building code and approval of the subdivision shall require submission of as-built elevations for each filled pad certified by a licensed land surveyor or registered civil engineer.
(5) Where base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 9-06.31(a) of these regulations. (6) The flood hazard area, including floodways, as appropriate, shall be delineated on preliminary subdivision plats.
(b) All subdivision proposals shall be consistent with the need to minimize flood damage.

(c) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage in accordance with Sec.9-06.36(c) and Sec. 9-06.36(d) of these regulations, as applicable, and appropriate codes.
(d) All subdivision proposals shall provide adequate drainage to reduce exposure to flood hazards; in Zone AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.

Sec. 9-06.39. Development in floodways.

Development, site improvements and land disturbing activity involving fill or regrading shall not be authorized in the floodway unless the floodway encroachment analysis required in Section 9-06.32(a) of these regulations demonstrates the proposed work will not result in any increase in the base flood level during occurrence of the base flood discharge.

Sec. 9-06.40. Limitations on placement of fill.

Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures, fill shall comply with the requirements of the building code. The placement of fill intended to change base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs shall be subject to the requirements of Section 9-06.19(d)(2) of these regulations.

Sec. 9-06.41. Tanks.

Tanks that serve buildings shall comply with the requirements of the building code.

Underground and above-ground tanks that serve other purposes shall be designed, constructed, installed and anchored in accordance with ASCE 24.

Sec. 9-06.42. Requirements for temporary structures and temporary storage in flood hazard areas.

Temporary structures shall be erected for a period of less than 180 days and temporary storage of goods and materials shall be permitted for a period of less than 180 days. Extensions may be granted in accordance with Section 9-06.27 of these regulations. In addition, the following apply:
(1) Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.
(2) Temporary stored materials shall not include hazardous materials. (3) The requirements of Section 9-06.48 of these regulations, when located in floodways.

Sec. 9-06.43. Fences in floodways.

Fences in floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 9-06.48 of these regulations.

Sec. 9-06.44. Oil derricks.

Oil derricks located in flood hazard areas shall be designed in conformance with flood loads required by the building code.

Sec. 9-06.45. Retaining walls, sidewalks and driveways in floodways.

Retaining walls and sidewalks and driveways that involve placement of fill in floodways shall meet the limitations of Section 9-06.48 of these regulations and the requirements for site grading in Chapter 18 of the building code.

Sec. 9-06.46. Roads and watercourse crossing in floodways.

Roads and watercourse crossings that encroach into floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side shall meet the limitations of Section 9-06.48 of these regulations. Alteration of a watercourse that is part of work proposed for a road or watercourse crossing shall meet the requirements of Section 9-06.32(c) of these regulations.

Sec. 9-06.47. Swimming pools.

Above-ground swimming pools, on-ground swimming pools, and in-ground swimming pools that involve placement of fill in floodways shall meet the requirement of Section 9-06.48 of these regulations.

Sec. 9-55.4.9-06.48. Standards for manufactured homes.
(a) All new and replacement manufactured homes and additions to manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's flood insurance rate map, on sites located:
(1) Outside of a manufactured home park or subdivision; (2) In a new manufactured home park or subdivision;
(3) In an expansion to an existing manufactured home park or subdivision; or (4) In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated two feet (minimum) above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(b) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map that are not subject to the provisions of subsection

(a) of this section will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either:
(1) The lowest floor of the manufactured home is elevated two feet (minimum) above the base flood elevation; or
(2) The bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade.
(c) Fully enclosed areas below elevated manufactured homes shall comply with the enclosed area requirements of Section R322 of the residential code (CCR Title 24 Part 2.5). (d) All new and replacement manufactured homes, including substantial improvement of manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that are designed in accordance with the foundation requirements of Section R322.2 of the residential code (CCR Title 24 Part 2.5) and these regulations.

Foundations for manufactured homes subject to Section 9-55.4(b) of these regulations are permitted to be reinforced piers or other foundation elements of at least equivalent strength. (e) Materials below elevated manufactured homes shall comply with the flood-damage resistant materials requirements of Section R322 of the residential code (CCR Title 24 Part 2.5). (f) Mechanical equipment and outside appliances shall be elevated to or above the lowest floor or bottom of the lowest horizontal structural member of the manufactured home, as applicable to the flood hazard area.
(d)(g) All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to the Business and Professions Code and shall comply with the requirements of the Department of Housing and Community Development (HCD) and the requirements of these regulations. In addition to permits pursuant to these regulations, permits from the HCD are required where the HCD is the enforcement agency for installation of manufactured homes. Upon completion of installation and prior to the final inspection by the Floodplain Administrator, the installer shall submit certification of the elevation of the manufactured home, prepared by a licensed land surveyor or registered civil engineer, to the Floodplain Administrator.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

Sec. 9-55.5.9-06.49. Floodways.

Located within areas of special flood hazard (established in Section 9-53.29-06.08) are areas designated as floodways. Since a floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(a) All encroachments are prohibited, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in

any increase in the base flood elevation during the occurrence of the base flood discharge, and a CLOMR is issued by the Federal Emergency Management Agency. (b) If subsection (a) of this section is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this division.

Sec. 9-55.6.9-06.50. Standards for recreational vehicles.

All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's flood insurance rate map will either:
(a) Meet the permit requirements of Section 9-54.19-06.16 through 9-54.39-06.18 of this article and the elevation and anchoring requirements for manufactured homes in Section 9-55.4(a)9-06.48(a); or
(b) Be on the site for fewer than one hundred eighty consecutive days, and be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

Sec. 9-55.7.9-06.51. Inspections.
(a) Inspections, in general. Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid. (b) Inspections of development other than buildings and structures. The floodplain administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under these regulations. The floodplain administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit.
(c) Inspections of manufactured homes installations. The floodplain administrator shall make or cause to be made, inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under these regulations. Upon installation of a manufactured home and receipt of the elevation certification required in Section 9-55.4(d)9-06.48(g) of these regulations the floodplain administrator shall inspect the installation or have the installation inspected. (d) Buildings and structures. The building official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code:
(1) Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and submitted to the building official.

(2) Final inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and submitted to the building official.

Sec. 9-06.52. Violations.

Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of the elevation of the lowest floor, other required design certifications, or other evidence of compliance required by these regulations or the building code, is presumed to be a violation until such time as required documentation is submitted. Violation of the requirements shall constitute a misdemeanor.

Sec. 9-06.53. Authority.

The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner’s agent, or to the person or persons doing the work for development that is not within the scope of the building codes but is regulated by these regulations and that is determined to be a violation.

Sec. 9-06.54. Unlawful continuance.

Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law

Division IV. Appeal—Variance Procedure.

Sec. 9-56.1.9-06.55. Appeal process—Definitions.
(a) "Fraud and victimization" means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevations are subjected during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage that can be insured only at very high flood insurance rates.
(b) "Hardship" means the exceptional hardship that would result from a failure to grant the requested variance. The city requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional.

Inconvenience, aesthetic considerations, physical handicaps, personal preferences or disapproval of one's neighbors likewise does not qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a difference use than originally intended.

(c) "Public safety and nuisance" means that the granting of a variance must not result in anything which is injurious to safety or health of the surrounding community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

Sec. 9-56.2.9-06.56. Nature of variances.

The variance criteria set forth in this section of this article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this article would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the city to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance will be quite rare. Therefore, the variance guidelines provided in this article are more detailed and contain multiple provisions that must be met before a variance can be properly considered or granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

Sec. 9-06.57. Limitations on authority.

The City Council shall base its determination on technical justifications submitted by applicants, the considerations and conditions set forth in this article, the comments and recommendations of the Floodplain Administrator and Building Official, as applicable, and has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations and the building code.

Sec. 9-56.3.9-06.58. Appeal board.
(a) The appeals board shall hear and decide appeals and requests for variances from the requirements of this article.
(b) The board of appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this article.
(c) In passing upon such applications, the board of appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and:
(1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger of life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the community;

(5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage;
(7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.
(d) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:
(1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage; and (2) Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the floodplain administrator in the office of the county of Monterey recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
(e) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided [subsections] (1) through (11) in subsection (c) of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(f) Upon consideration of the factors of subsection (c) of this section and the purposes of this article, the board of appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article. (g) The floodplain administrator shall maintain a record of all appeal actions, variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

Sec. 9-56.4.9-06.59. Conditions for variances.
(a) Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 9-54 and 9-55 9-06.16 and 9-06.54 of

this article have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. (b) Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 9-52.1(cc)9-06.06(qq) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. When the proposed work precludes the structure’s continued designation as a historic building, a variance shall not be granted and the structure and any repair, improvement, and rehabilitation shall be subject to the requirements of the building code. (c) Variances shall not be issued within any mapped regulatory floodway if any significant increase in flood levels during the base flood discharge would result. (d) Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this article. For example, in the case of variances to an elevation requirement, this means the city need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city believes will both provide relief and preserve the integrity of the local ordinance.
(e) Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 9-56.1(b)9-06.55(b)) to the applicant; and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create a nuisance (as defined in Section 9-56.1(c)9-06.55(c), cause fraud or victimization of the public (as defined in Section 9-56.1(a)9-06.55(a)), or conflict with existing local laws or ordinances.
(4) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(f) Variances may be issued for new construction, substantial improvements, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections (a) through (e) of this section are satisfied, that the structure or other development is protected by methods that minimize flood damage during the base flood and provided the variance does not create a public nuisance or any additional threats to public safety.
(g) Upon consideration of the factors of Section 9-56.4(e)9-06.59(e) and the purposes of this article, the city may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
(h) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(i) A variance is to be issued for the construction or substantial improvement of agricultural structures that are not elevated or dry floodproofed, provided the requirements of this section are satisfied and:
(1) A determination has been made that the proposed agricultural structure:
(A) Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.
(B) Has low damage potential.
(C) Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but not limited to the effect of flooding on manure storage, livestock confinement operations, liquified natural gas terminals, and production and storage of high volatile, toxic, or water-reactive materials.
(D) Complies with the wet floodproofing construction requirements of Section 9-

56.4(i)(2)9-06.59(i)(2), below.
(2) Wet floodproofing construction requirements.
(A) Anchored to resist flotation, collapse, and lateral movement. (B) When enclosed by walls, walls have flood openings that comply with the flood opening requirements of ASCE 24, Chapter 2.
(C) Flood damage-resistant materials are used below the base flood elevation. (D) Mechanical, electrical, and utility equipment are elevated above the base flood elevation.

SECTION 3. CEQA CONSIDERATIONS. Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not caus e 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.

SECTION 4. SEVERABILITY . If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Salinas City Council hereby declares that it would have passed this ordinance, and

each and every section, subsection, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty days from and after its adoption.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

_________________________________
Kimbley Craig, Mayor

ATTEST:

___________________________________
Patricia M. Barajas, City Clerk

APPROVED AS TO FORM:

____________________________________
Christopher A. Callihan, City Attorney

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-497, Version: 1
Emergency City Hall HVAC System Replacement
Approve a Resolution approving the emergency replacement of the City Hall HVAC system as part of the existing on-call service contract with ESI in the amount of $225,972.00 plus a 20% ($45,194.40) contingency; and authorize the City Manager to execute all necessary documents related to the HVAC System Replacement.

City of Salinas Printed on 8/17/2023Page 1 of 1
powered by Legistar™

Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: AUGUST 22, 2023
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, PE, PLS, PUBLIC WORKS DIRECTOR
BY: SEAN SCHMIDT, FACILITIES MAINTENANCE MANAGER

ADRIANA ROBLES, PE, CFM, CITY ENGINEER
TITLE: EMERGENCY CITY HALL HVAC SYSTEM REPLACEMENT

RECOMMENDED MOTION:

A motion to approve a Resolution to:

1. Approve the emergency replacement of the City Hall HVAC system as part of the existing on-call service contract with ESI for $225,972.00 and authorize the City Manager to execute all necessary documents related to the HVAC System Replacement; and

2. Authorize 20% of new contract amount for contingencies ($45,194.40) for the Emergency City Hall HVAC System Replacement.

EXECUTIVE SUMMARY:

During the City Hall Emergency Roof Repair Project and following shut down of the first floor HVAC system, it was discovered that the first-floor east side air handling system has failed and is not repairable. The City Hall HVAC system is 50 years old. Parts are no longer readily available, and it has numerous issues that cannot be repaired.

BACKGROUND:

On April 4, 2023 , City Council approved Resolution No. 22627 awarding an emergency construction contract for the City Hall Emergency Roof Repair . The project is replacing the existing roof system for a more efficient one, which will seal the roof and prevent roof leaks. The activities required for the roof repair will inevitably dis turb the existing asbestos laden fireproofing. Therefore, it became imperative that staff address asbestos abatement as part of the roof repair. Effective July 17, 2023, the main entrance (Lincoln Street) was closed, and staff were relocated out of the first-floor east side of City Hall. This allowed shutdown and inspection of the HVAC system.

Following shutdown of the system on the last week of July 2023, the on -call service contractor, Environmental Systems Inc. (ESI), reported that the first-floor east side air handling unit had failed Page | 2
and was not repairable. The air-handler interior insulation is delaminating causing debris particles to become airborne and blown into the occupied space . The frame/chassis for the air handler are rusted due to on -going heating water leaks. The structural strength of the metal frame is compromised and could collapse. The condensing unit utilizes R -22 refrigerant (no longer manufactured) and is currently low on charge and sitting idle at atmospheric conditions.. The effort to repair and recharge the equipment would not be the most cost -effective decision for the City.

ESI would install two (2) new air handlers and plenums, one (1) new condensing unit and refrigerant piping, a new hot water heating valve and piping, and add onto the existing Delta Controller temperature, schedules, building pressure controls and OSA CO2 monitoring. This will repair the drastic fluctuations in temperature experienced by City Hall staff (first-floor, east side) in prior years.

Due to manufacturing and shipping constraints, there is a 12 to 16-week lead time for equipment delivery. This is a like-in-kind maintenance replacement project. Labor and materials are estimated at $225,972.00. A twenty percent (20%) contingency is requested as part of this work to address any unforeseen deficiencies in the system that may be discovered following removal.

Staff is seeking Council approval of this replacement of the HVAC unit in order to allow staff to occupy the space following restoration required following the City Hall Roof Repair and Asbestos Abatement Project. Pursuant to Section 12 -27 of the Salinas M unicipal Code, staff is requesting exceptions to competitive bidding for this agreement given that ESI is the City’s on -call service contractor for the HVAC systems and is most intimately familiar with the system and that competitive bidding of this item would further extend the timeline for replacement of the unit.

CEQA CONSIDERATION:

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

In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no po ssibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a proje ct. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

STRATEGIC PLAN INITIATIVE:

This project addresses the current City Council’s Goals of Operational Efficiency and Public Safety.

Page | 3
DEPARTMENTAL COORDINATION:

The Facilities Maintenance division along with the City Engineer have collaborated to determine the need of the HVAC replacement at City Hall. Continued ongoing partnership between the divisions of Public Works will ensure timely replacement and proper safety protocols are followed.

With an approved replacement plan, Facilities Maintenance division will work with those divisions who the replacement will affect to ensure a smooth transition and have minimal impact on work efficiency.

FISCAL AND SUSTAINABILITY IMPACT:

There are sufficient funds within the project CIP 8170 to approve th e agreement with ESI for $225,972.00 and authorize an additional 20% of new contract amount, $45,194.40 for contingencies.

ATTACHMENTS:

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

EMERGENCY CITY HALL HVAC SYSTEM REPLACEMENT

WHEREAS, on April 4, 2023, City Council approved a resolution awarding an emergency construction contract for the City Hall Roof Repair; and

WHEREAS, on June 13, 2023, City Council approved a change order to the Emergency Roof Repair Project to address asbestos abatement; and

WHEREAS, in July 2023, following shutdown of the existing HVAC system for the first- floor east area of the building , ESI (service contractor) d iscovered sign ificant issues with the existing HVAC system; and

WHEREAS, repair of the existing units would not be cost effective, and replacement of the existing units is recommended; and

WHEREAS, replacement of the existing HVAC units has a 12 to 16-week lead time; and

WHEREAS, pursuant to Section 12-27 competitive bidding would further delay ordering and replacing the HVAC system and ESI is the city’s HVAC service contractor and is most intimately familiar with the system; and

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

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council approve emergency replacement of the City Hall HVAC system as part of the existing on -call service contract with ESI for $225,972.00; and

BE IT FURTHER RESOLVED that the City Manager is hereby ordered and authorized to execute all necessary documents related to the HVAC System Replacement; and

BE IT FURTHER RESOLVED that an additional 20% of new contract amount for contingencies ($45,194.40) is authorized for the Emergency City Hall HVAC System Replacement.

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

AYES:

NOES:

ABSENT:

2 ABSTAIN:

APPROVED:

______________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
Agreement for Services v. January 2021 Page 1 of 11
[Contractor Name]
[Month and Year of Agreement]

AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND ENVIRONMENTAL SYSTEMS INC.

City Hall Emergency HVAC System Replacement

THIS AGREEMENT is executed this 7th day of August 2023, (“Agreement” or “Contract”) between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and Environmental Systems Inc., a California Corporation (Hereinafter “Contractor”).

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, the following services: City Hall Emergency HVAC System Replacement.

Contractor’s Proposal dated 7/31/2023, 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, not to exceed Two Hundred Seventy-One Thousand One Hundred Sixty-Six Dollars and Forty Cents ($271,166.40), as more fully described in title of Contractors fee schedule, 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 be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

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

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

7. Indemnification. Contractor shall hold harmless, defend at its own expense, and indemnify City and its officers, officials, employees, agents, and volunteers from and against all Agreement for Services v. January 2021 Page 2 of 11
[Contractor Name]
[Month and Year of Agreement]

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

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

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

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

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

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

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

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

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

Agreement for Services v. January 2021 Page 3 of 11
[Contractor Name]
[Month and Year of Agreement]

CITY OF SALINAS

__________________________________
Steve Carrigan
City Manager

APPROVED AS TO FORM:

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

CONTRACTOR

___________________________________

By (Printed Name):___________________

Its (Title):___________________________

Agreement for Services v. January 2021 Page 4 of 11
[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. January 2021 Page 5 of 11
[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. January 2021 Page 6 of 11
[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.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Payment bond

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.

Agreement for Services v. January 2021 Page 7 of 11
[Contractor Name]
[Month and Year of Agreement]

Attachment B

Agreement for Services v. January 2021 Page 8 of 11
[Contractor Name]
[Month and Year of Agreement]

Agreement for Services v. January 2021 Page 9 of 11
[Contractor Name]
[Month and Year of Agreement]

Agreement for Services v. January 2021 Page 10 of 11
[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 p rovided 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 C ontractor 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 t he 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 determina tions by the D IR, 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 Apprentic eship 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, mus t maintain and file certified payroll records (“CPRs”) pursuant to Labor Code §1776. Additionally, all contractors and subcontractors must furnish certified payroll records into the DIR’s Electronic Certified Payroll Reporting (“eCPRs”) database Agreement for Services v. January 2021 Page 11 of 11
[Contractor Name]
[Month and Year of Agreement]

(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.

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 r equired 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 of fsite 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 re capturing 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.

Page 1 of 3 ends

Salinas City CouncilAugust 22, 2023

Salinas City Council
August 22, 2023