Agenda Packet — Salinas City Council, September 12, 2023 (part 3 of 4)

JAMES HERRERA
|
[email protected]
| Monterey Herald
PUBLISHED:

January 9, 2023 at 2:55 p.m.
| UPDATED:

January 9, 2023 at 2:57 p.m.

The Anza Expedition of 1775-1776 came through Alta California in what is now Monterey County including Mission San Antonio de Padua established in 1771, the Salinas Valley along the Salinas River, over to Monterey and to the Carmel Mission – then only about six years old – through Salinas and on to the San Juan Bautista area 21 years before its mission was built. (James Herrera/Monterey Herald)
SALINAS – There’s an important historic story underfoot in the region that could be mined into an international attraction, expanding tourism and hospitality while creating revenues to pay for social programs.

That’s the hope of Salinas Valley Tourism and Visitors Bureau Executive Director Craig Kaufman whose idea for a program called the Valleys of Anza could provide regional economic development by leveraging historic sites to attract
tourists to the inland valleys of Monterey and San Benito counties.

BUSINESS
‘Valleys of Anza’ would use historic trail to expand tourism, tap revenue for social issues
In 1776, around the time of the American Revolution, Spanish Lieutenant Colonel Juan Bautista de Anza, leading a contingent of more than 240 men, women, and children for more than 1,800 miles, arrived to establish a settlement at San Francisco B
ay. That expedition came through Alta California in
what is now Monterey County including Mission San Antonio de Padua established in 1771, the Salinas Valley along the Salinas River, over to Monterey and the Carmel Mission – then only about six years old – through Salinas
and on to the San Juan Bautista area 21 years before its mission was built. “I’ve been for years trying to figure out what kind of story could be told on an international level that would bring people to this
part of (Monterey County),” said Kaufman.

The river was the lifeline for the diverse group of settlers, military escorts, and support workers of Spanish society made up of Nativ
e American, African, and European heritages, and included about 1,000 head of livestock. The expedition used the missions as stopping points along the way. 1/9/23, 5:10 PM‘Valleys of Anza’ would use historic trail to expand tourism, tap revenue for social issues – Monterey Herald

Page 2 of 7 ends

The Valleys of Anza program is the footprint of the San Antonio Valley, the Salinas Valley and the San Juan Valley where the Anza trail passed through the region. Kaufman points to a postcard he came across from 1906 urging tourists to come see Monterey County for its historic three nations of Spanish, Mexican and American cultures.
“That’s truly what I’m picking up on is trying to reinvigorate this and trying to show that this is how we initially became a tourist attraction,” said Kaufman.

A 2015 study from Harvard University showed that in Monterey County, hospitality and tourism had the greatest growth potential in accommodations and related services, and in cultural and educational entertainm
ent, he said.

Kaufman believes the Anza program checks both of those boxes.

The Valleys of Anza program would incorporate assets that are underutilized in the region and create better circulation so that the over-tourism that occurs on the Monterey Peninsula, especially on the Big Sur coast, could be alleviated.

With the Anza Trail as the path, visitors could stay in accommodations at points along the trail in tiny house villages may be built in a Spanish-era theme, or camp out in grass huts based on what native peoples in the area lived in so that there is a tourism experienc e based on the expedition. It
incorporates mobile hospitality, with a social-distancing aspect built in for people who do not necessarily want to stay in a hotel environment.

The trail could be marketed using the detailed journals left by the Anza expedition that helped the National Park Service meticulously map out the path and stopping points, and will enable the telling of the Anza story. The program could use augmented reality technology using smartphones in the natural settings that still exist along the trail as backdrops .
“What we are able to do is create re-enactments based upon those stories,” said Kaufman.

The technology would help to tell the stories found in the detailed journals, and with the help of GPS, people could see what happened at that location during the Anza expedition. “You have the background that’s obviously live, but with these prerecorded vignettes telling the story of the Anza trail,” said Kaufman.

The tours
become self-guided either by car or by trail walks in multiple languages so there is no need for a crowded tour bus.

The idea has caught the attention of UC Berkeley’s College of Environmental Design. Its Masters of Urban Design program will present six draft strategies later this month for bringing tourism to the S
alinas and San Juan valleys to the stakeholders in the area including both Monterey and San Benito counties.

The Valleys of Anza program hopes to create new transient occupancy taxes with a portion being targeted to the development of new tiny home communities funded by a sustainable influx of r
evenue.
“If this model can work and we can start to get these villages up and running, we can now start to create new TOT
for at-risk populations, or low-income, or teachers,” said Kaufman. “That’s the goal here and that’s where Berkeley comes in.”
The mobile c
ommunities can deal with different aspects or population of homeless individuals that are paid for by TOT and does not impact general funds, yet deals with the problem.

Kaufman is hoping that after the MUD presentation that people come away with a sense of urgency. “We need to do something. If this is not the idea please come to the table with something because we’re in trouble,” said Kaufman. “The ur
gency is in economic development and job creation, and in protecting the tourism industry.”
save the date:
january 18, 2023
12 noon - 5 pm
sponsored by:
csumb salinas city center
gallery I
1 main street
salinas, ca 93901
instagram.com/berkeley_mud/
presentations:
contact:
craig kaufman 831-261-3430
[email protected]

8305 Prunedale N. Rd, #7
Salinas, CA 93907
831-261-3430
[email protected] | soulofca.org

BOARD OF DIRECTORS
Colleen Bailey
Ricky Cabrera
Don Chapin, Jr.

Sam Farr
Kurt Gollnick
Butch Lindley
Brigid McGrath Massie
John V. Narigi
Matthew Ottone
Warren Wayland

REGIONAL ADVISORY COUNCIL
Denise Estrada
Krishna Patel
Blanca Stransky

EXECUTIVE DIRECTOR
Craig Kaufman

1A Station Place
Salinas, CA 93901

October 1, 2022

To: Michael Gomez, Economic Development Analyst, City of Salinas

From: Craig Kaufman, Executive Director, Salinas Valley Tourism & Visitors Bureau

Re: August 2022 Monthly Report

We continue to be open following the guidelines of and with protocols put in place by the Monterey County Health Department to protect staff and visitors.

In August we had an increase in onsite person visits to the Center compared to the previous month.

The Monterey & Salinas Valley Railroad Museum board of directors held their meeting at the Heritage Center on August 9th.

The Salinas Valley Chamber of Commerce co-hosted with Visit California Open House for a Chamber Mixer at the Heritage Center on August 25th. Visit California debuted “California Welcome Center Program, Bringing Businesses and Communities Together” which includes CWC Salinas in this video.

Activity Summary: August 2022
3 phone calls; 0 request for information mailed, in person visitors 427

Social Media: Facebook: 889 likes / 912 follows
Soul of CA Facebook: 4,250 likes / 4,550 follows

Soul of CA Website: 1,853 users / 4,083 pageviews
CWC specific page: 110 pageviews

Visit California Website / CWC Salinas: 1.8MM unique visits per month (on average). CWC Salinas specific views: approx. 154 pageviews.

2 NEW LOCATION HIGHLIGHTS

Southern Pacific Freight Depot Location
On February 15, 2020, the California Welcome Center Salinas (CWCS) moved into the restored Southern Pacific Freight Building at 1A Station Place, Salinas from its 1213 North Davis Road location from which it had served the community for more than 8 years. This was the culmination of months of work by the City of Salinas to include the CWCS in the soon-to-be-completed Intermodal Transit Center where visitors will arrive by train, bus, and car.

The depot, with more than 1,500 square feet, will house not only the CWCS, but also a cultural heritage museum that reflects the history, through photographs, displays and narratives, of the railroad’s impact on the Salinas Valley.

The facility has 100 linear feet of brochure display space, 400 square feet for exhibitions, 400 square feet retail and 600 square feet of visitor amenities, and features an outdoor deck for visitors to rest, eat or wait for those coming to the area by train or bus.

Oldtown Salinas
CWCS is now within walking distance to Salinas City Center, the quaint and historic Main Street district of Salinas that has approximately 400 businesses including 34 restaurants, two wine tasting rooms, three galleries and many quaint boutiques, retail shops and tourist resources. The Steinbeck House Restaurant, National Steinbeck Center Museum and other visitor service businesses are all nearby. Fifteen hotel and motel properties are within a short walking or driving distance of less than half a mile, and bed and breakfasts are within minutes of the location.

Proximity to Tourist Attractions
As the hub of the Central Coast, Salinas is just a short distance away from all of the area’s attractions.

The CWCS is still not far from the Boronda History Center— a National Historic Landmark adobe house built in 1844. It is within walking distance of the National Steinbeck Center Museum and Steinbeck House Restaurant (John Steinbeck’s boyhood home). It is two miles from the Salinas Sports Complex, home of the California Rodeo and Museum.

CWCS is 15 minutes (seven miles) away from the River Road Wine Trail where visitors can taste award-winning wines. It is 13 miles via Highway 68 to WeatherTech Raceway Laguna Seca where national events such as the MotoGP, Sea Otter Classic and Monterey Historic Automobile Races are held.

It is a scenic 20-mile drive from the CWCS to the city of Monterey, home of the Monterey Bay Aquarium on Cannery Row, Fisherman’s Wharf, many historic adobes, some part of the California State Parks system, and approximately 23 miles to the Monterey Peninsula attractions of 17-Mile Drive, Carmel-by-the- Sea and Pebble Beach.

Point Lobos and Big Sur are nearby, six to 26 miles further south from Monterey on California State Route 1. Other attractions within a short driving distance are 3 Monterey Wine Country vineyards, wineries and tasting rooms; Pinnacles National Park; Missions Carmel, San Juan Bautista and Soledad (Mission San Antonio is 67 miles from Salinas); Gilroy Gardens and the Outlet Mall in Gilroy; Roaring Camp Railroad in Felton; the Santa Cruz Beach Boardwalk; the Tech Museum and Winchester Mystery House in San Jose.

Travel Services
The CWCS provides directions, maps and suggestions on things to see and do in our area and statewide, distributing brochures, guided walking tour maps of historic downtown areas, attraction ticket sales and concierge services. The CWCS offers referrals to local tours, guides, and contacts local and out-of-the- area hotels and restaurants for reservations on behalf of visitors. The CWCS provides free maps, printed directions, smart phone directions, and 1-7-day itineraries for visitors who wish to explore on their own. For self-service room reservations, there is direct access to the California Welcome Center website at visitcwc.com to obtain reservations locally and statewide. Free, high-speed internet access is available for visitors.

Visitor Brochures and Information
The CWCS has racks displaying Salinas and Monterey County information from Certified showcasing Visit California branding, to fit our floor plan. Brochures include tri-county and statewide information and California attractions arranged by region. The brochure racks are maintained and filled on a regularly scheduled basis by Certified Folder. The CWCS solicits to receive and distribute brochures and guides from area attractions. The California Welcome Center features a digital signage, plus video of local and statewide information. Free area maps and printed directions are available to all visitors in the Center.

The parking lot holds 110 car spaces, two handicapped spaces and four RV and bus spaces. In addition, there are contiguous lots offering 280 spaces, with 18 handicapped spaces. Upwards of 2,200 parking spaces are available at the Center over-all.

Direct Sales
The CWCS sells a wide variety of merchandise that relates to Salinas, John Steinbeck and local history. The store focuses on art and products made locally by local artists and is committed to providing an authentic souvenir experience.

The CWCS retail items include:
• Apparel (sweatshirts, t-shirts and hats)
• Books highlighting local history and agriculture
• Salinas branded reusable coffee mugs and recycled tote bags (featuring vintage Salinas agriculture companies)
• Bumper stickers
• Children’s books and agricultural related toys
• Cookbooks
• Key chains
• Magnets
• Maps and guidebooks for the area

These items benefit the traveler by providing authentic mementos from their trip to the area, as well as activities they can enjoy on their travels throughout California. The CWCS does business with a variety of local vendors as well as producing its own souvenirs in partnership with local businesses. Pricing is 4 competitive with other establishments.

The CWCS has popular items featuring the California State brand, including those that promote statewide California travel:
• Apparel such as California Bear Flag t-shirts
• Coloring books (Discover California)
• Maps (California, whole state and separate sections)
• Stickers (CA, CA Flag, and USA) and patches (CA Flag) • California magnets
• California key chains

Displays and Exhibits
As a tenant in the City of Salinas’ oldest commercial building still in existence, the CWCS, in addition to meeting its contract obligations as a California Welcome Center, will also be a cultural heritage museum, showcasing the history of the Southern Pacific Railroad, Salinas Valley agriculture and local history.

Restroom Facilities and ADA
The CWCS features two ADA compliant restroom facilities; each restroom has one ADA compliant commode and one sink. Changing stations in each restroom signify a family-friendly atmosphere.

Parking Facilities
The CWCS facility at the Intermodal Transit Center has ample free parking for visitors in cars, vans, busses or RVs.

ECONOMIC DEVELOPMENT
The CWCS draws support from the City of Salinas, the Salinas Valley cities, local agricultural businesses, attractions, foundations, and the Salinas Valley Tourism and Visitors Bureau. Designation as the 19th California Welcome Center has had a positive effect on local tours and retail store sales, resulting in additional revenue to compensate for any incremental expenses. The CWCS enjoys broad support in our community and the Monterey Bay region with diverse sponsorship opportunities.

With the monies provided by the TID and support from the City of Salinas, the SVTVB has created and executed programs with the sole purpose of promoting the City of Salinas as well as the Salinas Valley as a destination and increasing tourism, which will subsequently generate revenue and support the development of new jobs.

The CWCS is already supporting job creation through the State of California’s infusion of $100 million1 annually into the promotion of tourism for the state of California and through the Welcome Center network. Since every $109,000 in visitor spending = 1 job2, the installation of the CWCS greatly increases the area’s capacity to create jobs.

The CWCS also is generating additional tax revenue by the average spend of a visitor that comes into the Center. A visitor will spend an average of $397 per day3 in the area.

AVG 5K VISITORS X $3973
5 2 MM DOLLARS OF ECONOMIC LIFT TO THE REGION
NEW RETAIL SALES TAX EQUALS 2MM X 1%
$20K PER YEAR OF ADDITIONAL TAX REVENUE

1 Source: California Travel & Tourism Commission, 06.26.14 2 Source: Dean Runyan Associates
3 Source: California Travel & Tourism Commission

BACKGROUND
The Salinas Valley Tourism and Visitor Bureau (SVTVB) was formed in 2008. The SVTVB is a non-profit, 501-C4 and was created to promote the region with a focus on the agricultural, viticultural, recreational and cultural assets of the City of Salinas and Salinas Valley. The SVTVB’s mission is to promote the exploration, discovery and experience of the natural riches that originate in the Salinas Valley and surrounding regions.

In 2010 the State of California put out an RFP for any city, within the region, to compete for the 19th designation of a California Welcome Center. The cities of Gilroy (Gilroy Chamber of Commerce) and Monterey (Cannery Row Company) competed alongside the SVTVB to secure this coveted designation.

Once the designation was secured by the SVTVB in January of 2011, a public- private coalition consisting of the City of Salinas, the Monterey Convention and Visitors Bureau, the cities of the Salinas Valley, the National Steinbeck Center Museum, Salinas Valley Chamber of Commerce, and local private business supported the creation of the California Welcome Center Salinas.

Located at the heart of the Monterey Bay, one of the most historically significant areas in California, Salinas is the hub of the Central Coast. Native son and world-renowned author John Steinbeck recognized it as the “Pastures of Heaven” and his timeless works continue to attract international, national and local visitors to Salinas.

Salinas boasts a tradition rich in cultural diversity, scenic vistas, agriculture, viticulture, the arts, attractions and special events. Our city can be at the forefront of the green economy and promotes sustainable eco-tourism. Situated at the crossroads of El Camino Real, Old Stage Road, the Pacific Coast Highway and along the Historic De Anza Trail, Salinas has always been the logical resting point for weary travelers.

California Welcome Center Value

California Welcome Center Inclusion within Visit California’s Consumer Marketing Content:
• California Official State Visitor’s Guide and Travel Planner (CVG) o Feature, 2/3-page placement as regional resource (full CA map) o Call out on each regional map
o A circulation of 500,000 copies distributed nationwide and to Canada
o 425,000 digital copies being downloaded.
o This exposure is valued at $200,000 per year in advertising 6 • California Official State Map
o Premium placement on the back panel
o The space is valued at $49,000
• California Road Trips
o Welcome Centers are promoted throughout the publication o Promotion includes a listing providing contact information and directions
o Advertising value of $26,000
o One million copies of this publication are distributed annually • California Welcome Centers Webpage
o Individual pages for each center on VisitCalifornia.com o Included on each regional page
o Included in various trip itineraries
o The site receives an average of 1.8MM unique visits per month.

California Welcome Center Consumer Behavior Impacts
• Visitation
o 1.6 million visitors in 2019
o 42% of visitors found the Welcome Center via highway signage o 30% of visitors found the Welcome Center through the visitors guide or website
o Most motivating factors for consumers to visit a Welcome Center include
§ Exclusive Offers/Discounts
§ Interactive experiences on local interest/attractions § Interactive experiences on area history and culture
• Visitor Impacts (2019 Study)
o 60% of visitors learned something new about the area when visiting a center
o 43% of visitors learned something new about California o 27% of visitors went on to visit an attraction featured at the center
o 13% of visitors changed their travel plans following a visit to a center
o 11% of visitors extended their stay in California
§ 1.4 extra nights in the area
§ 2.6 extra nights in California

8305 Prunedale N. Rd, #7
Salinas, CA 93907
831-261-3430
[email protected] | soulofca.org

BOARD OF DIRECTORS
Colleen Bailey
Ricky Cabrera
Don Chapin, Jr.

Sam Farr
Kurt Gollnick
Butch Lindley
Brigid McGrath Massie
John V. Narigi
Matthew Ottone
Warren Wayland

REGIONAL ADVISORY COUNCIL
Denise Estrada
Krishna Patel
Blanca Stransky

EXECUTIVE DIRECTOR
Craig Kaufman

1A Station Place
Salinas, CA 93901

October 1, 2022

To: Michael Gomez, Economic Development Analyst, City of Salinas

From: Craig Kaufman, Executive Director, Salinas Valley Tourism & Visitors Bureau

Re: S eptember 2022 Monthly Report

We continue to be open following the guidelines of and with protocols put in place by the Monterey County Health Department to protect staff and visitors.

In September we had an increase in onsite person visits to the Center compared to the previous month.

The Monterey & Salinas Valley Railroad Museum board of directors held their meeting at the Heritage Center on September 13th.

The Salinas Valley Chamber of Commerce co-hosted with SVTVB for our ribbon cutting event marking the 150th Anniversary of the Groundbreaking of the Southern Pacific Freight Depot on September 3, 1872.

The Monterey County Farm Bureau held their Annual Meeting of Members on September 15th at the Heritage Center.

Activity Summary: September 2022
5 phone calls; 0 request for information mailed, in person visitors 693

Social Media: Facebook: 936 likes / 985 follows
Soul of CA Facebook: 4,276 likes / 4,601 follows

Soul of CA Website: 1,711 users / 3,120 pageviews
CWC specific page: 121 pageviews

Visit California Website / CWC Salinas: 1.8MM unique visits per month (on average). CWC Salinas specific views: approx. 154 pageviews.

2 NEW LOCATION HIGHLIGHTS

Proximity to Tourist Attractions
As the hub of the Central Coast, Salinas is just a short distance away from all of the area’s attractions.

Parking Facilities
The CWCS facility at the Intermodal Transit Center has ample free parking for visitors in cars, vans, busses or RVs.

The CWCS also is generating additional tax revenue by the average spend of a visitor that comes into the Center. A visitor will spend an average of $397 per day3 in the area.

AVG 5K VISITORS X $3973
5 2 MM DOLLARS OF ECONOMIC LIFT TO THE REGION
NEW RETAIL SALES TAX EQUALS 2MM X 1%
$20K PER YEAR OF ADDITIONAL TAX REVENUE

1 Source: California Travel & Tourism Commission, 06.26.14 2 Source: Dean Runyan Associates
3 Source: California Travel & Tourism Commission

California Welcome Center Value

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 12/19/22 Page 1 of 7
Daily Visitor Count Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Week 1 49 27 24 19 10 71 63
Week 2 16 12 10 14 62 28
Week 3 39 6 5 49 8 18
Week 4 36 3 10 12 11 3 605
Actual Count is 621
Material Distributed
(Standard)
Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7
Week 1
See below-Additional
Comments
Week 2
Week 3
Week 4 1
Material Distributed (New) Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *For new material distributed submit sample Week 1
See below-Additional
Comments
Week 2
Week 3
Week 4 0
Social Media Posts Posted Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Provide Title and Date Week 1 See below.

Week 2
Week 3
Week 4 51
Met with Hotel Operators Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Name of Hotels/Motel Week 1
Week 2
Week 3
Week 4 0
Special events Hosted Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Event Name and Date Week 1
Pinnacles Gateway
Partners Tour & Meeting
10/3/22
Spreckels School
Field Trip, 3rd
grade 10/6/22
Spreckels
School Field
Trip, 3rd grade
10/7/22
Week 2
MSVRR Board Meeting
10/11/22
Monterey Park
School Field Trip, 3rd
grade 10/13/22
Monterey Park
School Field Trip,
3rd grade
10/14/22
Delta Kappa
Gama Tour Group
10/15/22
Week 3
Horseless Carriage Club
Tour Group 10/19/22
October 2022 Report

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 12/19/22 Page 2 of 7
Week 4 8
Total number of page views
to the CWC's website
Google Analytics-see next
page-Screenshot #1
86 Total number of page
views to the Soul of CA
website? Google
Analytics- see next page-
Screenshot #2 4059
Any highlights/Additional Comments:

Screenshot #1
Screenshot #2
Materials Distributed -Tracking individual brochures and stopping each guest to count was not performed. Health and safety issues concerns due to the COVID pandemic and transmission of other respiratory viruses.

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 12/19/22 Page 3 of 7
Social Media Posts- Title & Date List
California Welcome Center, Salinas: 42 Posts in October 2022

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 12/19/22 Page 4 of 7

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 12/19/22 Page 5 of 7

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 12/19/22 Page 6 of 7
Social Media Posts- Title & Date List
Soul of CA: 9 Posts in October 2022

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 12/19/22 Page 7 of 7

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 12/19/22 Page 1 of 5
Daily Visitor Count Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Week 1 10 29 10 3 15 7
Week 2 2 10 9 2 15 4
Week 3 7 14 51 13 15 15
Week 4 14 10 19 8 12 294
Actual Count is 297
Material Distributed
(Standard)
Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7
Week 1
See below-Additional
Comments
Week 2
Week 3
Week 4 1
Material Distributed (New) Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *For new material distributed submit sample Week 1
See below-Additional
Comments
Week 2
Week 3
Week 4 0
Social Media Posts Posted Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Provide Title and Date Week 1 See below.

Week 2
Week 3
Week 4 39
Met with Hotel Operators Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Name of Hotels/Motel Week 1
Week 2
Week 3
Week 4 0
Special events Hosted Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Event Name and Date Week 1
UC Berkeley MUD Class
presentations with
Stakeholders. 11/2/22
Week 2
Week 3
Monterey County Office
of Education Tour
Group & TAMC / Santa
Cruz County Chamber of
Commerce Tour Group.
11/17/22
Hertiage Park
Stakeholders
Meeting 11/18/22
November 2022 Report

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 12/19/22 Page 2 of 5
Week 4 3
Total number of page views
to the CWC's website
Google Analytics-see next
page-Screenshot #1
53 Total number of page
views to the Soul of CA
website? Google
Analytics- see next page-
Screenshot #2 2319
Any highlights/Additional Comments:

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 12/19/22 Page 3 of 5
Social Media Posts- Title & Date List
California Welcome Center, Salinas: 31 Posts in November 2022

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 12/19/22 Page 4 of 5

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 12/19/22 Page 5 of 5
Social Media Posts- Title & Date List
Soul of CA: 8 Posts in November 2022

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 2/27/23 Page 1 of 6
Daily Visitor Count Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Week 1 2 6 14 5 2 4
Week 2 10 3 2 2 5 53
Week 3 2 3 3 6 9 6
Week 4 3 10 1 3 3 15 172
Material Distributed (Standard) Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Week 1
See below-
Additional
CommentsWeek 2
Week 3
Week 4
Material Distributed (New) Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *For new material distributed submit sample Week 1
See below-
Additional
CommentsWeek 2
Week 3
Week 4 0
Social Media Posts Posted Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Provide Title and Date Week 1 See below.

Week 2
Week 3
Week 4 24
Met with Hotel Operators Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Name of Hotels/Motel Week 1
Week 2
Week 3
Week 4 0
Special events Hosted Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Event Name and Date December 2022 Report

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 2/27/23 Page 2 of 6
Week 1
12/3 Korean
TV interview
about the
Center and the
Salinas Valley.
https://www.k
tv.go.kr/progr
am/home/PG2
150012D/cont
ent/667102
Week 2
Good Times
Travel, Fountain
Valley, CA.

Requested tour
of the Heritage
Center.
12/14/22
Week 3
MSVRR Board
Meeting
12/20/22Week 4 3
Total number of page views to the CWC's website Google Analytics- see next page-Screenshot #1
104
Total number
of page views
to the Soul of
CA website?
Google
Analytics- see
1948
Any highlights/Additional Comments:

Screenshot #1
Materials Distributed -Tracking individual brochures and stopping each guest to count was not performed. Health and safety issues concerns due to the COVID pandemic and transmission of other respiratory viruses.

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 2/27/23 Page 3 of 6
Screenshot #2
Social Media Posts- Title & Date List
California Welcome Center, Salinas: 14 Posts in December 2022

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 2/27/23 Page 4 of 6

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 2/27/23 Page 5 of 6
Social Media Posts- Title & Date List
Soul of CA: 10 Posts in Decemberr 2022

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 2/27/23 Page 6 of 6

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 2/27/23 Page 1 of 4
Daily Visitor Count Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Week 1 6 8 3 7 17
Week 2 2 4 3 5 2
Week 3 4 8 6 8 1 8
Week 4 3 1 2 13 1 5 5 122
Material Distributed
(Standard)
Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7
Week 1
See below-Additional
Comments
Week 2
Week 3
Week 4
Material Distributed (New) Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *For new material distributed submit sample Week 1
See below-Additional
Comments
Week 2
Week 3
Week 4 0
Social Media Posts Posted Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Provide Title and Date Week 1 See below.

Week 2
Week 3
Week 4 18
Met with Hotel Operators Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Name of Hotels/Motel Week 1
Week 2
Week 3
Week 4 0
Special events Hosted Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Event Name and Date Week 1
Week 2
Week 3
January 18th- SVTVB &
UC Berkeley
Presentations - see
attachment
Week 4 1
Janurary 2023 Report

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 2/27/23 Page 2 of 4
Total number of page views
to the CWC's website
Google Analytics-see next
page-Screenshot #1
135
Total number of page
views to the Soul of CA
website? Google
Analytics- see next page-
Screenshot #2 5446
Note: January 2023 Heavy rains throughout the region with road closures and local flooding along the Salinas River.

Any highlights/Additional Comments:

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 2/27/23 Page 3 of 4
Social Media Posts- Title & Date List
California Welcome Center, Salinas: 9 Posts in January 2023

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 2/27/23 Page 4 of 4
Social Media Posts- Title & Date List
Soul of CA: 9 Posts in January 2023

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 4/5/23 Page 1 of 4
Daily Visitor Count Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Week 1 18 3 5 13 5 3 5
Week 2 2 3 3 2 9 8 9
Week 3 12 4 3 3 70 4 2
Week 4 4 9 199
Material Distributed
(Standard)
Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7
Week 1
See below-Additional
Comments
Week 2
Week 3
Week 4
Material Distributed (New) Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *For new material distributed submit sample Week 1
See below-Additional
Comments
Week 2
Week 3
Week 4 0
Social Media Posts Posted Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Provide Title and Date Week 1 See below.

Week 2
Week 3
Week 4 12
Met with Hotel Operators Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Name of Hotels/Motel Week 1
Week 2
Week 3
Week 4 0
Special events Hosted Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Event Name and Date Week 1
Week 2
Week 3
Week 4 0
Total number of page views
to the CWC's website
Google Analytics-see next
page-Screenshot #1
110
Total number of page
views to the Soul of CA
website? Google
Analytics- see next page-
Screenshot #2 1,241
February 2023 Report

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 4/5/23 Page 2 of 4
Any highlights/Additional Comments:

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 4/5/23 Page 3 of 4
Social Media Posts- Title & Date List
California Welcome Center, Salinas: 4 Posts in February 2023 Social Media Posts- Title & Date List
Soul of CA: 8 Posts in February 2023

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 4/5/23 Page 4 of 4

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 4/5/23 Page 1 of 4
Daily Visitor Count Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Week 1 7 4 8 19 7 1 6
Week 2 5 5 13 7 2 3 17
Week 3 11 4 10 12 8 9 16
Week 4 3 4 6 11 198
Material Distributed
(Standard)
Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7
Week 1
See below-Additional
Comments
Week 2
Week 3
Week 4
Material Distributed (New) Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *For new material distributed submit sample Week 1
See below-Additional
Comments
Week 2
Week 3
Week 4 0
Social Media Posts Posted Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Provide Title and Date Week 1 See below.

Week 2
Week 3
Week 4 16
Met with Hotel Operators Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Name of Hotels/Motel Week 1
Week 2
Week 3
Week 4 0
Special events Hosted Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Event Name and Date Week 1
Week 2
Week 3
Week 4 0
Total number of page views
to the CWC's website
Google Analytics-see next
page-Screenshot #1
101
Total number of page
views to the Soul of CA
website? Google
Analytics- see next page-
Screenshot #2 1411
March 2023 Report

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 4/5/23 Page 2 of 4
Any highlights/Additional Comments:

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 4/5/23 Page 3 of 4
Social Media Posts- Title & Date List
California Welcome Center, Salinas: 8 Posts in March 2023 Social Media Posts- Title & Date List
Soul of CA: 8 Posts in March 2023

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 4/5/23 Page 4 of 4

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 6/9/23 Page 1 of 4
Daily Visitor Count Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Week 1 38 11 14 93 4 12 9
Week 2 8 6 70 7 16 4 14
Week 3 0 63 16 11 6 3 4
Week 4 55 95 4 563
Material Distributed
(Standard)
Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7
Week 1
See below-Additional
Comments
Week 2
Week 3
Week 4
Material Distributed (New) Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *For new material distributed submit sample Week 1
See below-Additional
Comments
Week 2
Week 3
Week 4 0
Social Media Posts Posted Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Provide Title and Date Week 1 See below.

Week 2
Week 3
Week 4
Met with Hotel Operators Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Name of Hotels/Motel Week 1
Week 2
Week 3
Week 4 0
Special events Hosted Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Event Name and Date Week 1
4/6 Laurel Wood
Elementary
Week 2
4/13 Kammann
Elementary
4/21 Salinas
Virtual Academy
Week 3
4/20 Kammann
Elementary
4/22 Toro Park Elementary
Week 4
4/27 Toro Park
Elementary
4/28 Ag Knowledge Tour
Group & Toro Park
Elementary 7
April 2023 Report

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 6/9/23 Page 2 of 4
Total number of page views
to the CWC's website
Google Analytics-see next
page-Screenshot #1
135
Total number of page
views to the Soul of CA
website? Google
Analytics- see next page-
Screenshot #2 2559
Any highlights/Additional Comments:

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 6/9/23 Page 3 of 4
Social Media Posts- Title & Date List
California Welcome Center, Salinas: 3 Posts in April 2023 Social Media Posts- Title & Date List
Soul of CA: 8 Posts in April 2023

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 6/9/23 Page 4 of 4

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 6/9/23 Page 1 of 4
Daily Visitor Count Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Week 1 3 2 5 47 50 25 4
Week 2 12 6 6 95 19 12 6
Week 3 5 70 54 15 17 10 15
Week 4 10 16 6 19 3 7 539
Material Distributed
(Standard)
Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7
Week 1
See below-Additional
Comments
Week 2
Week 3
Week 4
Material Distributed (New) Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *For new material distributed submit sample Week 1
See below-Additional
Comments
Week 2
Week 3
Week 4 0
Social Media Posts Posted Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Provide Title and Date Week 1 See below.

Week 2
Week 3
Week 4
Met with Hotel Operators Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Name of Hotels/Motel Week 1
Week 2
Week 3
Week 4 0
Special events Hosted Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Event Name and Date Week 1
5/4 New Republic
Elementary
5/5 New Republic
Elementary
Week 2
5/12 La Jolla
Elementary
Week 3
5/18 Boronda Meadows
Elementary
5/19 Boronda Meadows
Elementary
Week 4 5
May 2023 Report

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 6/9/23 Page 2 of 4
Total number of page views
to the CWC's website
Google Analytics-see next
page-Screenshot #1
87 Total number of page
views to the Soul of CA
website? Google
Analytics- see next page-
Screenshot #2 2654
Any highlights/Additional Comments:

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 6/9/23 Page 3 of 4
Social Media Posts- Title & Date List
California Welcome Center, Salinas: 8 Posts in March 2023 Social Media Posts- Title & Date List
Soul of CA: 9 Posts in May 2023

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 6/9/23 Page 4 of 4

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 7/24/23 Page 1 of 4
Daily Visitor Count Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Week 1 1 5 36 17 10 8 12
Week 2 9 21 6 18 11 9 17
Week 3 24 8 7 8 5 4 16
Week 4 15 9 38 18 12 344
Material Distributed
(Standard)
Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7
Week 1
See below-Additional
Comments
Week 2
Week 3
Week 4
Material Distributed (New) Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *For new material distributed submit sample Week 1
See below-Additional
Comments
Week 2
Week 3
Week 4 0
Social Media Posts Posted Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Provide Title and Date Week 1 See below.

Week 2
Week 3
Week 4
Met with Hotel Operators Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Name of Hotels/Motel Week 1
Week 2
Week 3
Week 4 0
Special events Hosted Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 *Event Name and Date Week 1
Heritage Park Open
House
Week 2
Week 3
Host MSVVR Board
Meeting
Week 4 "I-55" Club - tour 3
June 2023 Report

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 7/24/23 Page 2 of 4
Total number of page views
to the CWC's website
Google Analytics-see next
page-Screenshot #1
96 Total number of page
views to the Soul of CA
website? Google
Analytics- see next page-
Screenshot #2 3582
Any highlights/Additional Comments:

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 7/24/23 Page 3 of 4
Social Media Posts- Title & Date List
California Welcome Center, Salinas: 3 Posts in June 2023 Social Media Posts- Title & Date List
Soul of CA: 9 Posts in June 2023

Submitted by: Craig Kaufman Salinas Valley Tourism Visitors Bureau Report Date: 7/24/23 Page 4 of 4

EXHIBIT B

FY 2023 Annual Summary Report

$138,944.37 $137,266.99
$131,464.91
$101,947.31
$117,394.20
$107,240.56
-1.2% -4.2% -22.5% 15.2% -8.6%
$(20,000.00)
$-
$20,000.00
$40,000.00
$60,000.00
$80,000.00
$100,000.00
$120,000.00
$140,000.00
$160,000.00
FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023
Gross Revenue by FY
Revenue
% Difference
277,889 274,534 262,930
203,895
234,788
214,481
-
50,000
100,000
150,000
200,000
250,000
300,000
350,000
FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023
Overnight Stays By FY
Overnight Stays

387
427
693
605
297
172
122
199 198
563 539
344
0 100
200
300
400
500
600
700
800
Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May- 23 Jun-23
FY 2023 Visitor Count
1 1 1
8 3
1 1
0 0
7 5
3 0
1 2
3 4
5 6
7 8
9 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 FY 2023 Special Events Hosted
Special Events Hosted
86 53 104 135 110 101 135 87 96
2000 2000 2000
4059
2319
1948
5446
1241 1411
2559 2654
3582
0 1000
2000
3000
4000
5000
6000
FY 2023 CWC Website Views
CWC
Soul of CA
1 RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE

SALINAS VALLEY TVB, INC FOR THE OPERATION OF THE SALINAS

CALIFORNIA WELCOME CENTER

WHEREAS, the Monterey County Convention and Visitors Bureau (MCCVB) manages a Tourism Improvement District (TID) that includes the City of Salinas; and

WHEREAS, through this TID, the City of Salinas receives $0.50 per occupied room-night within the City of Salinas to be used to increase room-night stays within the City (Assessment); and

WHEREAS, the Salinas Valley TVB, Inc (SVTVB) operates a California Welcome Center in Salinas; and

WHEREAS, SVTVB has provided the City with information demonstrating that marketing and promotional activities typically conducted by California Welcome Centers have the effect of increasing local overnight stays; and

WHEREAS, the City and SVTVB desire to enter into an agreement to provide for the City’s contribution of Assessment toward Welcome Center operations as a means of further promoting overnight stays at lodging facilities within the City of Salinas; and

WHEREAS, the total amount of compensation to SVTVB shall not exceed the amount of Assessment actually collected, minus one percent (1%) to cover the City’s administrative costs ; and
WHEREAS, staff will continue to evaluate use of the TID funds and report quarterly to the Finance Committee during the term of the Agreement; and

WHEREAS, the City of Salinas has determined that the proposed action is not a project as defined by the California Env ironmental Quality Act (CEQA) (CEQA Guidelines Section 15378) because the Agreement and use of TID assessment does not cause a direct or foreseeable indirect physical change on or in the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby approves the attached Agreement with the SVTVB and authorizes the City Manager to execute said Agreement and direct staff to continue to evaluate the City’s TID funds and to provide quarterly updates on CWC monthly operation and financial reporting to the Finance Committee.

PASSED AND APPROVED this 12th day of September, 2023 by the following vote:

AYES:

NOES:
2 ABSENT:

ABSTAIN:

APPROVED:

________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

Attached:

Exhibit A – Proposed Agreement

EXHIBIT A

Page 1 of 16 ends

Salinas Valley Tourism and Visitors Bureau
August 2021

AGREEMENT BETWEEN

THE CITY OF SALINAS AND THE
SALINAS VALLEY TVB INC.

Page 2 of 16 ends

Salinas Valley TVB Inc,
FY24

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

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

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

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

4. Billing. ................................................................................................................................. 5

5. Meet & Confer. .................................................................................................................... 6

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

7. Responsibility of SVTVB. ................................................................................................... 6

8. Responsibility of City. ......................................................................................................... 6

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

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

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

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

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

14. Termination. ......................................................................................................................... 7

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

16. Exhibits Incorporated. .......................................................................................................... 8

17. Independent Contractor. ....................................................................................................... 8

18. Integration and Entire Agreement. ....................................................................................... 8

19. Jurisdiction and Venue. ........................................................................................................ 8

20. Severability .......................................................................................................................... 8

21. Notices. ................................................................................................................................ 8

22. Nondiscrimination................................................................................................................ 9

23. Conflict of Interest. .............................................................................................................. 9

24. Headings. ............................................................................................................................. 9

25. Attorneys’ Fees .................................................................................................................... 9

26. Non-Exclusive Agreement. ................................................................................................ 10

27. Rights and Obligations Under Agreement. ........................................................................ 10

28. Licenses.............................................................................................................................. 10

29. Counterparts. ...................................................................................................................... 10

30. Legal Representation. ........................................................................................................ 10

31. Joint Representation. .......................................................................................................... 10

Page 3 of 16 ends

Salinas Valley TVB Inc,
FY24

32. Warranty of Authority........................................................................................................ 10

33. No Waiver of Rights. ......................................................................................................... 10

Page 4 of 16 ends

Salinas Valley TVB Inc,
FY24

AGREEMENT BETWEEN
THE CITY OF SALINAS AND THE SALINAS VALLEY TVB INC.

This Agreement (the “Agreement” ) is made and entered into this 12th day of September, 2023, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and the Salinas Valley TVB INC, a 501(c)(4) organization (hereinafter “SVTVB”).

RECITALS

WHEREAS, pursuant to the Monterey County Tourism Improvement District (MCTID) Management District Plan (MDP), $ 2.00 is collected from all Salinas lodging facilities, in association with the MCTID operated by the Monterey County Convention and Visitors Bureau (MCCVB) as defined therein (the “TID Assessment”), and

WHEREAS, of TID Assessment, $1.50 per room night is remitted back to the MCCVB and the remaining $0.50 per room night is retained by the City of Salinas (hereinafter “Assessment”); and

WHEREAS, Assessment collected may be used at the discretion of the City of Salinas for the purpose of promoting overnight stays at lodging facilities within the City of Salinas; and

WHEREAS, SVTVB was chosen by Visit California to operate a California Welcome Center within the City of Salinas; and

WHEREAS, SVTVB has provided the City with information demonstrating that activities typically conducted by Welcome Centers have the effect of increasing local overnight stays; and

WHEREAS, the City and SVTVB desire to enter into this Agreement to provide for the City’s contribution of Assessment towards Welcome Center operations as a means of further promoting overnight stays at lodging facilities within the City of Salinas.

NOW, THEREFORE, City and SVTVB agree as follows:

TERMS

1. Scope of Service. The scope of SVTVB’s services is described in Exhibit B, attached hereto and incorporated herein by reference.

2. Term; Completion Schedule. This Agreement shall commence on July 1, 2023, and shall terminate on June 30, 2024.

3. Compensation. City agrees to pay SVTVB a total amount of funds equal to the amount of the above-referenced Assessment actually remitted to the City of Salinas during the period of

Page 5 of 16 ends

Salinas Valley TVB Inc,
FY24

July 1, 2023, through June 30 , 2024, less one percent (1%) of said Assessment, which shall be retained by the City of Salinas to cover its administrative costs . In no case shall compensation to SVTVB exceed the amount of Assessment. City shall pay SVTVB as follows:

a. Except as provided in Subsection c, below, City shall remit quarterly payments of $30,000 to SVTVB beginning as of July 2023, for the term of this Agreement. b. On or after July 1 , 2024, City shall remit to SVTVB all remaining Assessment monies collected within the period defined above, less the one percent of the Assessment reserved for the City as defined above.
c. If at any point during the term of this Agreement the Assessment remittances received to- date (less the amount needed to cover the City’s administrative costs) is insufficient to pay the entirety of an invoice submitted for the amount described above , the City shall, at its discretion, perform one of the following actions:
i) Pay the invoice in full, if the City reasonably believes that future remittan ces will cover the costs to be paid;
ii) Notify SVTVB of the shortfall, and pay the invoice in full once sufficient TID monies have been received; or
iii) Notify SVTVB of the shortfall and pay the currently available monies due to SVTVB. SVTVB shall be entitled to receive payment for any shortfall if and/or when TID monies are collected during the term of this Agreement. iv) SVTVB may request, and the City shall reasonably provide, a current fund balance reflecting the amounts of TID funds remitted to the City, as such records are available to the City upon the date of the request, as well as the amount of funds paid to the SVTVB to date.

4. Billing. SVTVB shall submit to City an invoice, prepared in a form satisfactory to City, describing its services and providing reports and/or information for the period covered by the invoice. Each invoice shall represent one or more whole months and individual months shall not be divided among multiple invoices. Except as specifically authorized by City, SVTVB’s invoices shall include the following information:

(A) A brief description of services performed , including verification that the services have been performed in accordance with Exhibit B;
(B) The date the services were performed;
(C) Reports and/or other information required by Exhibit B; and (D) The SVTVB’s signature.

Any such invoices shall be in full accord with any and all applicable provisions of this Agreement. Provided that the invoices meet the requirements of this Agreement and sufficient funds are available as described under Section 3. Compensation ., the City will be obligated to remit the amount of $30,000 in full satisfaction of each quarterly invoice submitted.

City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if SVTVB submits an invoice which is incorrect, incomplete, or not in accord ance

Page 6 of 16 ends

Salinas Valley TVB Inc,
FY24

with the provisions of this Agreement (including its exhibits), City shall not be obligated to process any payment to SVTVB until thirty (30) days after a correct and complying invoice h as been submitted by SVTVB. The City shall process undisputed invoices immediately.

5. Meet & Confer. SVTVB 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 SVTVB is required to furnish as par t of the services under this Agreement, SVTVB shall provide such additional copies as are requested, and City shall compensate SVTVB for the actual costs related to the production of such copies by SVTVB.

7. Responsibility of SVTVB. By executing this Agreement, SVTVB 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, SVTVB further agrees and represents to City that the SVTVB 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 SVTVB to do and perform SVTVB’s work.

8. Responsibility of City. The City agrees to:

(A) Assist SVTVB by placing at its disposal all available information pertinent to this Agreement, including but not limited to, previous reports and any other data relative to this Agreement. 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 SVTVB 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 SVTVB.

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

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 SVTVB from professional responsibility for the work performed.

10. Indemnification and Hold Harmless. SVTVB shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liabili ty, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with SVTVB’s performance of work

Page 7 of 16 ends

Salinas Valley TVB Inc,
FY24

hereunder, including the performance of work of any of SVTVB’s subcontractors or a gents, or SVTVB’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. SVTVB shall procure and maintain for the du ration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.

12. Access to Records. SVTVB 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 SVTVB 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 SVTVB’s usual and customary business hours. SVTVB 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 SVTVB. This Agreement is personal to SVTVB and shall not be assigned by it without exp ress written approval of the City.

14. Termination.

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

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

(2) If in the City’s opinion the conduct of the SVTVB is in violation of the requirements of the operation of a California Welcome Center as provided by Visit California.

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

(1) In the event of termination by the City for SVTVB’s default, City shall deduct from the amount due SVTVB the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due SVTVB 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 SVTVB(s) for such purposes. In the event that such additiona l expenses shall exceed amounts otherwise due and payable to SVTVB hereunder, SVTVB shall pay City the full amount of such expense.

Page 8 of 16 ends

Salinas Valley TVB Inc,
FY24

(C) The rights and remedy of the City and SVTVB 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.

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

16. 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.

17. Independent Contractor. It is expressly understood and agreed by both parties that SVTVB, 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. SVTVB expressly warrants not to represent, at any time or in any manner, that SVTVB is an employee or servant of the City.

18. Integration and Entire Agreement. This Agreement represents the entire understanding of City and SVTVB 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.

19. 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 St ate of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.

20. 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.

21. 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

Page 9 of 16 ends

Salinas Valley TVB Inc,
FY24

City of Salinas
200 Lincoln Avenue
Salinas, California 93901

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

Craig Kaufman
Salinas Valley Tourism and Visitors Bureau
8305 Prunedale North Road, #7
Salinas, CA 93907

(C) The execution of any such notices by the City Manager shall be effective as to SVTVB as if it were by resolution or order of the City Council, and SVTVB 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.

22. Nondiscrimination. During the performance of this Agreement, SVTVB 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. SVTVB shall take affirmative action t o 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.

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

24. 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.

25. 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

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as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.

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

27. 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.

28. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of SVTVB, its representatives, agents or subcontractors by federal, state or local law, SVTVB 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.

29. 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.

30. 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.

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

32. 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 warr ants 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.

33. 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 o f 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.

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

CITY OF SALINAS

____________________________
Steven S. Carrigan
City Manager

APPROVED AS TO FORM:

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

SVTVB

___________________________________
Craig Kaufman
Executive Director

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Exhibit A

Insurance Requirements
SVTVB 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 SVTVB, 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 SVTVB 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 , wit h limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.

If the SVTVB 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 SVTVB. 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 SVTVB 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 SVTVB’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the SVTVB’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 SVTVB’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
SVTVB hereby grants to City a waiver of any right to subrogation which any insurer of said SVTVB may acquire against the City by virtue of the payment of any loss under such insurance.

SVTVB 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 SVTVB, its employees, agents, and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared by SVTVB to and approved by the City. At the option of the City, SVTVB shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the SVTVB 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 SVTVB must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

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

Verification of Coverage
SVTVB shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All

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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 SVTVB’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
SVTVB shall require and verify that all sub-SVTVBs and/or subcontractors maintain insurance meeting all the requirements stated herein, and SVTVB shall ensure that Entity is an additional insured on insurance required from such sub-SVTVBs 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 SVTVB as specified shall in no way be interpreted as relieving SVTVB of its indemnification obligations or any responsibility whatsoever and the SVTVB may carry, at its own expense, such additional insurance as it deems necessary.

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Exhibit B

The SVTVB shall operate a California Welcome Center (“ Welcome Center”) that is officially recognized by Visit California. To accomplish this, SVTVB shall perform the following tasks:

A. The SVTVB shall continue to operate the California Welcome Center within the City of Salinas and shall be responsible for ensuring that said Center is operated in accordance with the requirements of Visit California. SVTVB shall employ staff of appropriate quantity and skill so that the Welcome Center is open to the public seven days per w eek for the duration of this contract. In the event that this staff member is unable to perform his/her duties, or in the event Welcome Center at any point becomes unable to remain open seven days per week, Welcome Center shall employ contract labor or ta ke other means necessary to maintain uninterrupted seven -day-per-week operations. The requirement to remain open shall be waived for any holidays recognized by the City of Salinas. This Section shall be inapplicable if the Welcome Center is required to close pursuant to a lawful health order issued by a state or local government, or if directed to do so by Visit California.

B. SVTVB shall provide quarterly reports to the City of Salinas with the deadline for submission set no later than the second week of t he month (Due Oct, Jan, April, July).

These reports shall include financial statements and information sufficient to enable the City to report on the success of the Welcome Center in increasing the number of overnight stays within the City of Salinas. Th is information shall include, but is not limited to, the number of visitors to the Center (on a daily basis), an itemized summary of marketing materials (whether presented electronically or on a physical medium such as paper or canvas) which provide information regarding potential lodging options within the City of Salinas, an itemized list of additional marketing materials used to attract visitors to the Welcome Center or the Salinas area, a summary (when available) of how many printed materials were provided to visitors, the number of visitors to SVTVB’s website, and any additional information which can be collected or derived from collected data using formulas or software commonly utilized and accepted throughout the industry.

C. SVTVB shall meet and confer with the hotel operators within the City of Salinas, individually or collectively, on a reasonable basis, but not less than once per year, to discuss opportunities for the Welcome Center to increase the number of overnight stays within the City of Salinas.

D. SVTVB shall convene once a month with city staff, MCCVB and other stakeholders to collaborate on strategies aimed at boosting overnight stays within the City of Salinas.

E. SVTVB shall prepare and deliver a proposed budget prior to execution of this Agreement.

The proposed budget shall include a detailed breakdown of expected income and anticipated expenses for the duration of this Agreement. At the conclusion of the term of the Agreement, SVTVB shall provide the City with a comprehensive budget report detailing the actual expenses incurred during the term of the Agreement. The budget report

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shall include a comparison between the projected budget and the actual expenses for ea ch line item.

Report Date: 8/10/23
1 Budget 2023-24
Income
Certified Folder 2,400.00
Sales of Product Income 3,000.00
Sponsorships/ Donations 1,000.00
Tourism Improvement District 135,000.00
Total Income 141,400.00
Cost of Goods Sold
Cost of Goods Sold 1,500.00
Inventory Loss/Damage 75.00
Inventory Shrinkage 25.00
Total Cost of Goods Sold 1,600.00
Gross Profit 139,800.00
Expenses
Accounting Services 4,800.00
Advertising 1,500.00
Bank Charges 65.00
Merchant Fees 100.00
Cleaning Supplies 300.00
CPA - Tax Accountant 2,200.00
Designation Fees 5,000.00 A
Dues & Subscriptions 1,150.00
Event Supplies 300.00
Insurance 2,500.00
D&O Insurance 1,136.00
Legal Fees 500.00
Meals and Entertainment 145.00
Penalties & Interest 0.00
County Property Tax 1,200.00
Postage Expense 200.00
Promotional 500.00
Rent or Lease 24,024.00B
Repair & Maintenance 3,500.00 C
Salaries/Wages
Payroll Fees 660.00
Payroll Tax Expense 6,300.00
Salaries/Wages-Concierge CWC 5,532.00
Salary/ Wages-Store Manager CWC D
Salary/Wages-Executive Director 50,000.00
Workers' Comp Insurance 350.00
Total Salaries/Wages 62,842.00
Security 900.00
Social Media/Promotion 1,440.00
Supplies
Salinas Valley Tourism & Visitors Bureau
CWC FY 2023-24 Budget

EXHIBIT C
Report Date: 8/10/23
2 Office Supplies 1,200.00
Restroom Supplies 300.00
Total Supplies 1,500.00
Taxes & Licenses 150.00
Travel - Hotel, Parking, Flights 1,000.00
Travel-Mileage 650.00
Utilities
PG&E 3,090.00
Telephone & Internet 3,204.00
Trash 0.00
Water/Sewer 780.00
Total Utilities 7,074.00
Total Expenses 124,676.00
Net Operating Income 15,124.00
NOTES
A- Annual fees due to Visit CA / Dept. of Transportation for CWC B - $21,000 ( $1750 x 12 months) @ 1A Station Place -Payable to City of Salinas C - budget for exterior vandalism - broken windows
D- Open position to be filled

EXHIBIT C
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-496, Version: 1
2nd Reading, 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 9/7/2023Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: AUGUST 22, 2023 – INTRODUCED
SEPTEMBER 12, 2023 – 2ND READING
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 valida te 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

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(FIS) and FIRM were provided by FEMA for review by the City on October 21, 2021. A news release and radio public service announcement issued on May 11, 2022 informed the general public of the review of the preliminary flood maps. Updates will revise 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 F lood 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 of Salinas is required to review and update its floodp lain 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 Qua lity 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 Page | 3

Environmental Sustainability, Public Safety, and Effective and Culturally Responsive Government.

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#23-537, Version: 1
90-Minute Parking Zone at 431 Abbott Street
Approve a Resolution establishing a total of 80 feet of 90-minute parking zone located at 431 Abbott Street.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 12, 2023
DEPARTMENT: PUBLIC WORKS, TRAFFIC AND TRANSPORTATION DIVISION FROM: DAVID JACOBS, PE, PLS, DIRECTOR
BY: ADRIANA ROBLES, PE, CFM, CITY ENGINEER

GERARDO RODRIGUEZ, ASSISTANT ENGINEER
TITLE: 90-MINUTE PARKING ZONE AT 431 ABBOTT STREET

RECOMMENDED MOTION:

A motion to approve a Resolution establishing a total of 80 feet of 90-minute parking zone located at 431 Abbott Street.

BACKGROUND:

On June 13, 2023, City Council denied a resolution establishing a 20 -minute green zone designation located at 431 Abbott Street citing that the 20 -minute green zone designation would not provide sufficient time for a customer to visit the business and indi cating visits would most likely exceed the 20 minutes allowed by the green zone designation.

On June 22, 2023 , Carlos Andalon, owner of Empire Motors, submitted a revised application requesting a 90 -minute parking zone along the business frontage located at 431 Abbott Street (Attachment 2) to allow his customers more time to visit and conduct business. According to the requestor, vehicles parked for extended periods along the business’ frontage are limiting access for customers. Customers spend an average of 60 to 90 minutes per visit at his business. The requestor is aware that the proposed green zones, if approved, are not for the exclusive use of the requestor. The 90-minute parking zone restricted space are for the public's use. Enforcement is generally done based on complaints received.

The proposed 90-minute parking zone is effective only from 8:00 am to 6:00 pm of any day except Sundays and holidays (Salinas Municipal Code Section 20 -79). After 6:00 pm the restriction parking zone is available for general public parking.

Abbott Street, between Chamberlain Street and Malarin Street , is a four -lane arterial street with on-street bike lanes and on-street parking. The street is approximately 65 feet wide, from curb face to curb face. Parking is generally permitted on both sides of Abbott Street. Currently there are 90- minute parking designations located across 431 Abbott Street at the 400 & 500 block on Abbott Street and Alameda Avenue.

The City’s 2002 General Plan Circulation Element calls out for im provements to Abbott Street.

The ultimate condition of Abbott Street is planned to have a raised median and the removal of on- street parking. Additionally, Abbott Street is a Focused Growth Overlay District, per Municipal Code Section 37-40.210(a)(4), that promotes mixed-use development that is pedestrian -oriented, compact, active, vital, and safe. The applicant has been informed that the proposed green zones on Abbott Street may need to be removed in the future to be consistent with the City General Plan and Municipal Code.

On August 8, 2023, the City Council adopted Resolution No. 22756 approving the 2023 -2024 Special Curb Markings List. If approved, staff is requesting an amendment to that resolution to incorporate this new limited parking zone designation.

On August 23, 2023, the City Council approved an ordinance update that would allow similar curb marking requests to be approved by the City Engineer. The ordinance will take effect 30 days after adoption. The request for the 90-minute parking zone is more quickly expedited by presenting to City Council on September 12, 2023.

Traffic and Transportation Commission

The recommendation of establishing a total of 80 feet of 90-minute parking zone designation at 431 Abbott Street was presented to the Traffic and Transportation Commission at its August 10, 2023, meeting. The Commission voted unanimously (6-0) to recommend approval of the proposed timed parking zone.

CEQA CONSIDERATION:

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

STRATEGIC PLAN INITIATIVE:

The 90-minute parking zone supports the Council goals of “Effective and Culturally Responsive Government” and “Economic Development.”

DEPARTMENTAL COORDINATION:

90-minute parking zone is installed and maintained by Public Works staff. Parking enforcement is provided in coordination with Parking Enforcement contractor (LAZ) and the City Police Department.

FISCAL AND SUSTAINABILITY IMPACT:

There is no impact to the General Fund. Carlos Andalon, owner of 431 Abbott Street, has submitted payment to fund the costs and the installation of the 90-minute parking zone.

ATTACHMENTS:

Resolution
Attachment 1: Application
Attachment 2: Location Map

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

A RESOLUTION ESTABLISHING A TOTAL OF 80 FEET OF 90-MINUTE PARKING ZONE DESIGNATION AT 431 ABBOTT STREET

WHEREAS, on June 13, 2023, City Council denied a resolution establishing a 20-minute green zone designation at 431 Abbott Street; and

WHEREAS, City Council questioned the ability of a customer to complete an auto purchase transaction within the requested time restriction; and

WHEREAS, City staff received a revised request from Carlos Andalon, the owner of Empire Motors of 431 Abbott Street , to install 90-minute parking zone designation along the business’ Abbott Street frontage; and

WHEREAS, at its meeting of August 8, 2023, the Salinas City Council adopted Resolution 22756 approving the 2023-2024 Special Curb Markings List; and

WHEREAS, on August 10, 202 3, the Traffic and Transportation Commission voted unanimously (6-0) to recommend to Council to approve staff’s recommendation of establishing 80 feet of 90-minute parking zone designation at 431 Abbott Street.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby approves establishing a total of 80 feet of 90-minute parking zone designation at 731 Abbott Street.

BE IT FURTHER RESOLVED that the Salinas City Council hereby amends Resolution No. 22756, by adding 80 feet of 90-minute parking zone designation at 431 Abbott Street.

PASSED AND APPROVED this 12th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

________________________
Kimbley Craig, Mayor

2 ATTEST:

_________________________
Patricia M. Barajas, City Clerk

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-538, Version: 1
Establishment of an Affordable Housing Enterprise Fund
Approve a Resolution authorizing the establishment of an Affordable Housing Enterprise Fund with corresponding revenue and expense accounts; and the allocation of all rental income received from City-owned properties purchased for use as affordable housing to the Affordable Housing Enterprise Fund.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 12, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: ROD POWELL, ASSISTANT DIRECTOR
BY: MICHAEL GOMEZ, ECONOMIC DEVELOPMENT ANALYST
TITLE: ESTABLISHMENT OF AN AFFORDABLE HOUSING

ENTERPRISE FUND

RECOMMENDED MOTION:

A motion to approve a resolution authorizing:

1. the establishment of an Affordable Housing Enterprise Fund with corresponding revenue and expense accounts; and

2. the allocation of all rental income received from City-owned properties purchased for use as affordable housing to the Affordable Housing Enterprise Fund.

EXECUTIVE SUMMARY:

The City has recently utilized funds awarded through the Calif ornia Interagency Council ’s Homelessness (Cal ICH) Family Homeless Challenge (FHC) grant and prior allocation of its American Rescue Plan Act (ARPA) funds to acquire and maintain ownership of residential properties. Establishment of an Affordable Housing E nterprise Fund is intended to provide an adequate, ongoing source of sustainable funds necessary to effectively manage, maintain, and improve these City-owned housing assets through both routine maintenance and emergent repairs.

BACKGROUND:

In response to the growing demand for affordable housing options within our community, the City has taken significant recent steps to acquire existing for -sale residential properties with in its jurisdiction with an intent of repurposing them for affordable housing. Acquisition of these properties represent an additional opportunity for the City to further support the provision of safe, sustainable, and affordable living spaces for our residents.

On November 16, 2021, Council approved Resolution 22250 appropriating s even million dollars ($7,000,000.00) from the American Rescue Plan Act (“ARPA”) to the Affordable Housing Production Fund and authorizing the funds to be used for predevelopment, acquisition, Page | 2
construction, plans, and studies. Additional funding to support the acquisition of single -family homes and additional Accessory Dwelling Units (ADUs) also came forward in 2022 when the City was awarded funding from Cal ICH through its competitive Family Homeless Challenge grant.

On March 7, 2023, the City Council approved the Purchase and Sales Agreement for a two-story townhouse duplex located at 403 E. Romie Lane. Following a short acquisition process, both units were quickly offered and leased to two families sheltered by the City’s co-funded SHARE Center and each family was able to immediately leverage available resources, including Section 8 housing vouchers, to finally obtain a safe, affordable living space. In recognition of this efficient successful model, staff are seeking to replicate the process and continue to search for appropriate opportunities to acquire and expand the City’s support of affordable housing opportunities.

DISCUSSION:

The establishment of a new Affordable Housing Enterpr ise Fund (AHEF) will facilitate and support the ongoing management and maintenance of City-owned housing assets acquired through various affordable housing initiatives. As part of the City’s ongoing commitment to address the critical need for affordable housing within our city, this dedicated account will enable efficient and transparent management of rental revenues and expenses associated with these properties. Funds allocated to the AHE F will be exclusively dedicated to managing and maintaining the City’ s affordable housing properties and will also support transparency and accountability, a necessary mechanism for required financial tracking, efficient resource allocation, and compliant reporting and auditing as required by available source funding.

The Economic Development Division of the Community Development Department will assume primary management and responsibility of the AHE F, including the initiation of transactions, budgetary planning, and financial reporting. Establishment of this dedicated account will significantly enhance the City’s ability to manage, maintain, and incorporate this new type of affordable housing asset into its existing real estate portfolio.

DEPARTMENT COORDINATION:

Community Development Department staff have coordinated with the Finance Department to determine that an enterprise fund is the best mechanism to establish a compliant, long -term tracking and management of the ongoing financial needs of City-owned affordable housing assets.

CEQA CONSIDERATION:

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

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STRATEGIC PLAN INITIATIVE:

This item furthers the City of Salinas Strategic Plan 2022 -2025 Goals and Strategies of Housing/Affordable Housing through active acquisition, preservation, and provision of affordable housing.

FISCAL AND SUSTAINABILITY IMPACT:

Establishing the AHEF will have no impact to the general fund. All rental income received will be used for ongoing maintenance and long-term sustainability of properties as well as the payment of any necessary property tax obligations.

ATTACHMENTS:

Resolution

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

A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF AN AFFORDABLE

HOUSING ENTERPRISE FUND AND THE ALLOCATION OF ALL RENTAL

INCOME RECEIVED FROM CITY-OWNED PROPERTIES PURCHASED FOR

USE AS AFFORDABLE HOUSING TO THE AFFORDABLE HOUSING

ENTERPRISE FUND

WHEREAS, in response to the growing demand for affordable housing options within our community, on November 16, 2021, Council appropriated seven million dollars from the American Rescue Plan Act (ARPA) to the Affordable Housing Production Fund; and

WHEREAS, the City has taken significant recent steps, such as the purchase of 403 E.

Romie Lane, to acquire existing for-sale residential properties within its jurisdiction with an intent of repurposing them for affordable housing; and

WHEREAS, the 403 E. Romie Lane acquisition resulted in the rapid lease and occupancy of two formerly sheltered families through collaboration with SHARE Center staff and effective leverage of available resources, including Section 8 housing vouchers; and

WHEREAS, the establishment of a new Affordable Housing Enterprise Fund will facilitate and support the ongoing management and maintenance of City-owned housing assets acquired through various affordable housing initiatives and will also supp ort transparency , accountability; efficient grant-related reporting and tracking; and

WHEREAS, the establishment of this dedicated account will significantly enhance the City’s ability to manage, maintain, and incorporate this new type of affordable housing assets into its existing real estate portfolio; 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) because the Agreement and use of TID assessment does not cause a direct or foreseeable indirect physical change on or in the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby authorizes the establishment of an Affordable Housing Enterprise Fund with corresponding revenue and expense accounts; and

BE IT FURTHER RESOLVED that the Salinas City Council hereby authorizes the allocation of all rental revenues received from City-owned properties purchased for use as affordable housing to the Affordable Housing Enterprise Fund.

PASSED AND APPROVED this 12th day of September 2023, by the following vote:

AYES:
2 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#23-540, Version: 1
2023 California International Airshow Permit
Approve a Resolution authorizing the City Manager, or their designee to execute an Airport Use Permit for the 2023 California International Airshow, to be conducted by the Monterey County Airshow Association, Inc. at the Salinas Municipal Airport.

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CITY OF SALINAS

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 12, 2023
DEPARTMENT: PUBLIC WORKS, AIRPORT DIVISION
FROM: BRETT J. GODOWN, C.M., C.A.E., AIRPORT MANAGER
TITLE: 2023 CALIFORNIA INTERNATIONAL AIRSHOW PERMIT AT

THE SALINAS MUNICIPAL AIRPORT
RECOMMENDED MOTION:

A motion from the City Council approving a resolution, authorizing the City Manager, or their designee to execute an Airport Use Permit for the 2023 California International Airshow , to be conducted by the Monterey County Airshow Association, Inc. at the Salinas Municipal Airport, in accordance with the terms of said permit.

RECOMMENDATION:
s
It is recommended the City Council approve a resolution, authorizing the City Manager, or their designee to execute an Airport Use Permit for the 2023 California International Airshow , to be conducted by the Monterey County Airshow Association, Inc. at the Salinas Municipal Airport, in accordance with the terms of said permit.

BACKGROUND:

The 42nd California International Airshow is scheduled to take place at the Salinas M unicipal Airport on October 7 and 8, 2023. This year’s airshow will feature the Royal Canadian Airforce Snowbird Demonstration Team, the United States Airforce Thunderbird Demonstration Team, the US Navy F-35C Demonstration Team, and several other aircraft acts and displays. The California International Airshow has been showcasing aviation excellence for over 40 years while at the same time raising over $9 million for local charities.

Utilizing all volunteers and service groups from the community, the organization each year plans and executes the event that entertains 25,000 to 30,000 spectators annually. The top military and civilian performers in the United States and Canada thrill and inspire the crowds. Over 100 static aircraft, exhibits and displays are available for Airshow fans to enjoy during their experience. The goal each year is to produce an event that will be family-oriented, educational, and entertaining for the whole family. In addition to its main goal of raising money for charity, the airshow’s charter also emphasizes volunteerism and community involvement, family -oriented entertainment, aviation, and its contributions to the American way of life, and pride in our nation and its military.

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To most of Monterey County and the Central Coast, the Ca lifornia International Airshow represents a homegrown community event based in Salinas that is a spectacle of fun and entertainment. To the City of Salinas, it is an annual economic infusion of millions of dollars to the local economy. The airshow event planning process never ends; at the completion of each annual event, the event planners begin preparing for the next year’s event. The hosting of the Airshow is in the best interests of general aviation and the Airport, with the purposes of enhancing the Salinas community image, promoting public use of the Airport, and promoting revenue for local charitable organizations.

At the August 25, 2023, Airport Commission meeting, the Commission recommended City Council approve the Airport Use Permit for the 2023 California International Airshow, to be conducted by the Monterey County Airshow Association, Inc. at the Salinas Municipal Airport.

ANALYSIS:

Permit:

The attached Permit is essentially the same as those approved in previous years but with minor modifications. The Permit requires a $10 ,000,000.00 Airmeet Liability Insurance Policy and includes authorization for various street closures and specific operational provisions. Typically, only one other City Permit, a Special Events Permit, is required for the event. Once completed, the Special Events Permit becomes the “Exhibit A” document referenced in the Airshow Permit. The Airport Use Permit is being presented to the Airport Commission for review without the Special Events Permit because 1) All Airport use issues are covered in the Airshow Permit and the Special Events Permit covers City Streets and facilities and therefore does not come under Airport Commission review; and, 2) Timing is such that the Airport Use Permit needs to advance through the Airport Commission in order to gain overall Permit approval prior to the Airshow.

In-Kind Contribution:

Airport Staff recommends waiving the $37,500.00 Permit Fee. Additionally, staff recommends not billing any staff time associated with the airshow. Typically, staff time billed to the airshow is less than $1,300.00 per year.

Salinas Pilot Association (SPA) Donation:

The Airshow Organization is continuing to honor the fundraising clause in the agreement for the Salinas Pilot Association (SPA). The Monterey County Airshow Association, Inc. will donate $2,500.00 (cash donation) to SPA for volunteer services rendered during the airshow period. In consideration of the $2,500.00 donation, SPA will provide various services during the air show.

City of Salinas Booth Space:

In consideration for waiving the Airport’s $37,500.00 Permit Fee, the Airshow Association has agreed to provide the City of Salinas, at no charge, three (3) Booth Spaces for promoting and enhancing the Airport and City of Salinas’ community outreach.

CEQA/NEPA CONSIDERATION:

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

STRATEGIC PLAN INITIATIVE:

Approval of the 2023 California International Airshow permit complements Salinas City Council’s economic development and public safety 2023-2025 Strategic Goals and Strategies.

FISCAL AND SUSTAINABILITY IMPACT:

Staff recommends waiving the $ 37,500.00 Use Permit Fee. Staff recommends that the Airport Enterprise Fund absorb staff time associated with the 2023 California International Airshow.

The economic-financial impact of the Airshow is hard to quantify without procuring economic impact analysis services. Money spent by the Monterey County Airshow Association, Inc. hosting the Airshow and patrons of the event contributes to the local economy and the local tax base. Past performance indicates the annual Airshow drives hundreds of thousands of dollars in economic impact to the local economy. Additionally, t he Monterey County Airshow Association, Inc. has contributed in excess of $9 million dollars to charities over the last 40 years.

DEPARTMENTAL COORDINATION

The Use Permit has been reviewed as to form by the City Attorney’s office. Public Works, Police Department, and Fire Department participate in the planning and execution of the Airshow.

ATTACHMENTS:

2023 Airport Use Permit to Conduct Air Shows at the Salinas Municipal Airport Resolution - 2023 Airport Use Permit to Conduct Air Shows at the Salinas Municipal Airport

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

RESOLUTION APPROVING THE ISSUANCE OF AN AIRPORT USE PERMIT AND

WAIVING THE AIRPORT USE PERMIT FEES FOR MONTEREY COUNTY AIRSHOW ASSOCIATION, INCORPORATED FOR THE 2023 CALIFORNIA

INTERNATIONAL AIRSHOW AT THE SALINAS MUNICIPAL AIRPORT

WHEREAS, the City of Salinas is the owner of that certain public airport known as the Salinas Municipal Airport (“Airport”); and

WHEREAS, the Monterey County Airshow Association, Incorporated (“Airshow Association”), desires to conduct the 2023 California International Airshow at the Airport; and

WHEREAS, the staging of said Airshow is in the best interest of general aviation and the public with the purposes of enhancing the Salinas community image, promoting public use of the Airport, and promoting revenue for local charitable organizations; and

WHEREAS, the City of Salinas desires to grant the Airshow Association the right to utilize the Airport, adjoining public streets, and facilities used in conjunction with the Airshow pursuant to the terms of an Airport Use Permit, for the conducting of the 2023 California International Airshow; and

WHEREAS, the City of Salinas desires to support the Airshow’s activities by waiving the Airport Use Permit Fees; and

WHEREAS, pursuant to FAA Policies and Procedures Concerning the Use of Airport Revenue: Federal Register Volume 64, No. 30, February 16, 1999, the City Attorney’s Office has determined that it is permissible for the City Council to authorize a sponsorship contribution from the Airport Enterprise Fund to the California International Airshow provided the following criteria are met:

(1) The contribution must be minimal,
(2) The contribution must be substantially related to the operation of the Airport, (3) The contribution must have the intangible benefit of enhancing the Airport’s acceptance in local communities impacted by the Airport; and

WHEREAS, at the August 24, 2023, Airport Commission meeting, the Airport Commission recommended approval of the Airport Use Permit and the waiving of the Airport Use Permit Fees, totaling $37,500.00, for the Monterey County Airshow Association, Incorporated for the 2023 California International Airshow at the Salinas Municipal Airport.

NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF SALINAS that the attached Airport Use Permit (“Permit”) is hereby approved and further, that the City Manager or their designee is hereby authorized and directed, for and on behalf of the City of Salinas as its act and deed, to execute and issue such Permit; and

BE IT FURTHER RESOLVED that the City fees and charges associated with this Permit and event are hereby waived.

PASSED AND ADOPTED this 12th day of September 2023 by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

______________________________
Kimbley Craig, Mayor
ATTEST: ___________________________
Patricia Barajas, City Clerk
2023 Airshow Permit 1

PERMIT TO CONDUCT AIR SHOWS

AT THE SALINAS MUNICIPAL AIRPORT

THIS PERMIT is issued by the CITY OF SALINAS, a California charter city and municipal corporation, hereinafter referred to as “City,” to the MONTEREY COUNTY AIRSHOW ASSOCIATION, INCORPORTATED, a California Nonprofit Corporation doing business as the CALIFORNIA INTERNATIONAL AIRSHOW, hereinafter referred to as “Permittee.”

WITNESSETH
WHEREAS, City is the owner of that certain public airport known as the Salinas Municipal Airport (“Airport”) located in the City of Salinas, County of Monterey, California; and WHEREAS, it is the desire of Permittee to use said Airport for the purpose of preparing for and conducting the 2023 California International Airshow (“Airshow”); and WHEREAS, the staging of said Airshow is in the best interests of general aviation and the public with the purposes of enhancing the Salinas community image, promoting public use of the Airport, and promoting revenue for local charitable organizations.

NOW, THEREFORE, this Permit is provided upon the following terms and conditions:

TERMS

1. SCOPE OF PERMIT
City hereby grants Permittee the right to utilize portions of the Airport and adjoining public streets and facilities used in conjunction with the Airshow, for the staging and conducting of the Airshow and for purposes incidental thereto as further described below and for no other purpose unless granted, in writing, by City.

2. NATURE OF INTEREST GRANTED
It is specifically understood and agreed by the parties hereto that the relationship created by this instrument is not one of landlord and tenant, principal and agent, or owner and contractor, it being the intention of the parties that this Permit is merely for the purpose of allowing Permittee to use portions of the Airport and 2023 Airshow Permit 2
the facilities thereon on a temporary basis for the purposes of staging and conducting the Airshow and activities related and incidental thereto.

3. TERM
This Permit shall allow Permittee to utilize portions of the Airport pursuant to the terms and conditions of this Permit for a fifteen (15) day period beginning on the Saturday, September 30, 2023, through Saturday, October 14, 2023.

4. FEE
The Airport Administrative Fees for this permit are being waived. The total fees being waived are $37,500.00 for the use of the airport during the permitted period. The permittee will be billed and agrees to pay for repair or replacement of any Airport equipment, facilities, or property damaged as a result of Airshow operation and/or the Permittee’s use and occupation of the Airport during the term of this Permit. Additionally, in consideration of the Fee Wavier, the Permittee agrees to terms and conditions of Section 31, Sponsorship, of this agreement.

5. OBLIGATIONS OF PERMTITEE
A. FAA Approval. Approval of the Federal Aviation Administration (FAA) must be obtained by Permittee for all phases of the Airshow, as evidenced by a Certificate of Waiver or Authorization, a copy of which must be provided to City at least fifteen (15) days prior to the effective date of this Permit.

B. Fencing. Construction of temporary fencing in addition to any existing permanent fencing will be permitted, subject to prior approval of City’s Airport Manager as to type of fence mounting and location of fences and access gates. Temporary fencing may be anchored to permanent fence corners provided that such attachment in no way alters or damages any permanent fence structure and all attaching devices are removed with the temporary fence. Permittee shall install temporary fencing around the perimeter of the Jet West maintenance hangar and adjacent ramp area, prior to an y activity conducted in the Jet West maintenance hangar. Also, temporary fencing will be placed around all lighting equipment left in place behind the crowd line and any other area deemed necessary by the City’s Airport Manager. 2023 Airshow Permit 3
C. Security. Permittee shall provide, at its own expense, sufficient security personnel to protect general aviation aircraft based at the Salinas Airport during the term of this Permit, whenever such aircraft are located in other than the regularly assigned tiedown location. Such sufficiency shall be determined by City’s Police Department and any recommendations from City’s Police Department regarding security activities shall be followed. Permittee shall provide security for all Airport buildings, facilities, equipment, and pr operty during the periods when the Airport is open to Airshow spectators. Permittee will also provide security for transient aircraft, Airshow participating aircraft, and vehicles and equipment that are participating in the Airshow during the period of this Permit.

D. Crowd Control. Permittee shall furnish such personnel as are necessary to enable the public to park, give traffic directions, and provide crowd control. Crowd control barriers shall be in place before any Airshow activity takes place on the Airport.

E. Water, Sanitary, and First Aid Facilities . Permittee shall provide at its own expense such water, sanitary, and first aid facilities as are deemed necessary by Monterey County Health Department to accommodate expected crowds.

F. Temporary Living Facilities. Except as hereinafter provided, camper trucks, trailers, and/or other temporary living facilities may be utilized in any area s designated by the Airport Manager. By way of this Permit, if Permittee authorizes overnight stays, Permittee shall provide continuous security patrols of the overnight stay area between the hours of 7:00pm and 7:00am.

G. Fire Protection and Aircraft Rescue Equipment. Permittee shall furnish and be responsible for any and all such fire protection and aircraft c rash rescue equipment and services as are deemed necessary by the City and the FAA.

H. Repair and Maintenance of Airport Property . Permittee shall be responsible for the repair and maintenance of any buildings, facilities, equipment or property of the Air port impacted by operations under this Permit. Immediately subsequent to the close of the Airshow and not later than the Monday (5:00pm) following event, Permittee shall clean the entire area used by it, shall remove any and all debris and trash, and shall restore the area insofar as possible to the condition existing immediately prior to the commencement of 2023 Airshow Permit 4
the Permittee’s operations as allowed by this Permit. The aircraft parking ramps southeast of the Airport Terminal Building, both based and transient aircraft ramps will be cleared not later than the Monday (5:00pm) following the event, so as to permit use of the ramp for aircraft parking. If, in the opinion of City’s Airport Manager, the repair, maintenance, cleaning, and trash removal requirements h ave not been accomplished satisfactorily, City may, after notification of Permittee, cause such repair, maintenance, cleaning, and trash removal to be made at Permittee’s expense. The cost of such work shall be billed separately.

I. Licenses and Permits. Permittee shall obtain and bear the expense of all licenses, permits, and other authorization required by any and all applicable agencies. Pyrotechnic permits will be obtained from the City and State of California when required. Permittee shall pay promptly and discharge all lawful taxes and assessments which may be levied by the federal, state, county, city or other tax levying body on any taxable interest of Permittee as well as all taxes and assessments on taxable personal property of whateve r nature owned by Permittee and located on the Permit premises. Permittee shall promptly pay all excise, license, and permit fees of whatever nature applicable to the operation of Permittee’s business.

J. Permit to Conduct Airshow. When this Permit is approved by the Salinas City Council, it shall be deemed a permit issued by the Community Development Director in lieu of a Temporary Land Use Permit, as required under Section 37-50.300 of the City’s Zoning Code.

K. Spectator Parking. It is understood and agreed that certain portions of the Airport will be utilized for parking of spectator operated private vehicles. Permittee agrees that all such vehicles parked on Airport premises, inside the security fence, will be removed from said area not later tha n 6:00 p.m. of any day when parking has been authorized by City’s Airport Manager. However, the Permittee will ensure that all vehicles are removed from the Airport within two (2) hours after activity ends. Permittee will be prepared to move said vehicles to an area outside the security fence if they remain after the time specified above. Permittee will be responsible for advising all vehicle operators of this provision. If vehicles are not removed by Permittee as agreed in this section, such vehicles will be removed at the direction of Airport management and Permittee shall be held responsible for the costs and charges associated with such removals. 2023 Airshow Permit 5
L. Transient Aircraft. Transient aircraft are authorized to park overnight in areas designated by City’s Airport Manager, who will collect overnight tiedown fees as appropriate.

M. Street Closure. Permittee agrees to abide and comply with the Street Closing Permit attached hereto, marked Exhibit A, and incorporated herein by reference.

N. Costs Associated with Airshow Production. Permittee shall bear all costs connected with staging of the Airshow and activities incidental thereto. The sole function of City is to provide the necessary facilities and areas and to enforce the provisions of this Permit.

6. OBLIGATIONS OF CITY
A. City shall make available for use, by Permittee, City-owned and controlled buildings, land, personal property, and equipment necessary to facilitate the Airshow for which the City may charge a fee in addition to the Permit Fee.

B. It is recognized that the nature of the Airshow precludes normal general aviation and public use of the Airport during the Airshow events. Therefore, City shall close the Airport to all general aviation aircraft during the period that the Airshow is actually in progress, provided however that locally based aircraft and transient aircraft shall be allowed to operate when scheduled Airshow events are not taking place. Permittee shall not interfere with the regular operation of tenants doing business on the Airport.

7. OPERATIONAL PROVISIONS
A. Traffic Control. All barricades on City streets at critical intersections shall be staffed by Airshow personnel. Airshow will pay for all Salinas Public Works services related to the Airshow, including but no t limited to: delivery/removal and utilization of barricades, cones, and other traffic control equipment; garbage/debris removal; sweeping and sanitation; and traffic control and guide signs. Permittee shall furnish such personnel as are necessary to enable the public to park, give traffic directions, and provide crowd control.

The Salinas Police Department is responsible for determining the appropriate personnel required at critical intersections, the exact hours, and number of personnel necessary to saf ely and efficiently manage traffic control for this event.
2023 Airshow Permit 6
B. Staffing by Salinas Police Department. Police staffing shall be consistent with the City’s current salary schedule and labor agreements. The exact hours and number of law enforcement personnel needed for traffic control and other duties will be determined by the Police Department prior to and during the Airshow.

C. Security. Permittee shall provide private security on the Airport inside the Airport security fence on all days of Airshow activity attended by the general public, as required in section 5 of this Permit.

D. Airshow Communications Command Post. Permittee shall establish an Airshow Communications Command Post from which all of its efforts in regard to the Airshow and this Permit shall be coordinated. A Salinas Police Department representative shall be present at the Airshow Communications Command Post each day at Permittee’s expense.

E. Airshow Bank. One uniformed Salinas Police Office r will be present at the Airshow bank each day at Permittee’s expense.

F. Emergency Services Communications Plan . Permittee shall establish in coordination with the Salinas Fire Department, a communications plan to include emergency services.

G. Incident Command Center. Permittee shall provide an area for location of an Incident Command Center, as required by Salinas Fire Department.

H. Parking of Fire Department Apparatus. Permittee shall provide area for parking of fire apparatus at the Airport.

I. Emergency Notification List. Permittee shall provide a current emergency notification list to the City prior to the commencement date of this Permit.

J. Emergency Response Location Grid . Permittee shall provide an accurate Airport emergency response location grid map to the City prior to the commencement date of this Permit.

K. Access to Fire Access Roads and Gates . Permittee shall ensure that fire access roads and gates remain clear and accessible throughout the Airshow.

L. Fire Prevention Activities in Cooking Booths. All cooking booths or areas shall have at least one 2A10BC fire extinguisher available, as determined by the Fire Marshall, if an open flame device will be used for cooking purposes. No open flame device may be used for any purpose other than cooking. 2023 Airshow Permit 7

8. SAFETY
A. Safety shall be of primary importance to this event. Anyone who flies in a manner and style not considered to demonstrate good airmanship and safety shall be barred from any further activities. It shall be the duty of the Permittee to ensure that the safety and good airmanship of all Airshow performers will be observed at all times, and Permittee shall take any and all steps necessary, including prohibition of flying, in the event Permittee determines that good airmanship and safety are being threatened or compromised. In the absence of the FAA monitor or Permittee supervision, and when City’s Airport Manager is of the opinion that the Permittee is unable to fulfill said requirements of good airmanship and safety, the Airport Manag er shall stop all Airshow connected activity until the unsafe or unsatisfactory condition is corrected. Other applicable enforcement agencies shall have full authority to order stoppage or direct correction of any unsafe condition or practice observed on or over the Airport.

B. No person shall operate a motor vehicle of any kind on the Airport in a negligent or reckless manner.

The speed limit on the Airport is a speed consistent with the variable weather conditions of the area being traversed and common sense and good judgment but in no case greater than 15 MPH. No person shall cross any Airport runway, whether in a vehicle or otherwise, without having first obtained permission from the Air Traffic Controller, except when the runway has been officially closed by the City’s Airport Manager and the person has been notified of that status before each runway crossing.

9. INSURANCE
A. Permittee shall, at its sole expense, throughout the duration of this Permit, maintain commercial general liability and property damage insurance, including but not limited to premises and automobile, and Air Meet liability insurance, covering all operations of the Permittee, its agents , and employees, performed in connection with this Permit, including but not limited to set up of premises, practices, performances, cleanup and dismantling, and any pyrotechnic displays or demonstrations. Such insurance coverage shall be in the amounts and according to the conditions provided as follows:
(1) Air Meet. A $10,000,000 Air Meet Liabili ty Occurrence All Risk Policy on a standard policy form which includes, without limitation, the following coverages:
2023 Airshow Permit 8
a. Grandstand liability, if grandstands are to be used; b. Non-owned automobile liability for Airshow activities; c. Pyrotechnics liability; and
d. The City of Salinas, along with its employees, officers, agents, representatives, boards, commissions, and commissioners, shall be named as additional insureds by endorsement to the Air Meet liability insurance policy.
(2) General Liability . A $2,000,000 comme rcial general liability insurance policy on a per- occurrence basis, which includes, without limitation, the following coverages:
a. Bodily injury;
b. Property damage;
c. Personal injury and advertising;
d. Auto liability, including non-owned auto liability;
e. Parking liability;
f. Products/completed operations;
g. Liquor legal liability;
h. Host liquor liability;
i. Contractual Liability; and
j. The City of Salinas, along with its employees, officers, agents, representatives, boards, commissions, and commissioners, shall be named as additional insureds by endorsement to the general liability insurance policy.
(3) All insurance companies affording coverage to the Permittee shall be insurance organizations admitted by the Insurance Commissioner of the State Department of Insurance to transact the business of insurance in the State of California. And 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. (4) Each insurance policy required shall provide that the coverage shall not be canceled or reduced in coverage except with notice to the City of Salinas. For the purposes of this notice 2023 Airshow Permit 9
requirement, any cancellation or reduction in coverage shall be considered a material change and subject this Permit to cancellation.
(5) Permittee shall provide evidence of compliance with the insurance requirements listed above by providing to the City certificates of insurance and endorsements, in forms satisfactory to the City, at least fifteen (15) days prior to the effective date of this Permit . No material change in coverage or cancellation may be made after that time.

If any policy has an aggregate limit or for some other reason the total amount of the limits of any policy are not available to cover indemnification obligations and/or losses described in this Permit, the insurance certificate(s) shall also state the unpaid limits of the policy.

Certificates of insurance shall identify any deductible amounts. All deductibles must be in amounts acceptable to City.
(6) Permittee’s coverage shall be primary coverage as respects the City. Any insurance or self - insurance maintained by the City shall be excess of the Permittee’s insurance. (7) Maintenance of insurance by the Permittee as specified in the Permit shall in no way be interpreted as relieving the Permittee of any responsibility whatsoever and the Permittee may carry, at its own expense, such additional insurance as it deems necessary. (8) In the event of cancellation of any of the required insurance, this Permit is immediately null and void and Permittee shall immediately cease all operations under this Permit and va cate the Airport premises.
(9) Permittee hereby grants to City a waiver of any right to subrogation which any insurer of Permittee may acquire against the City by virtue of any payment of any loss under such insurance. Permittee agrees to obtain any endor sement 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.

B. Prior to the commencement of any and all activities pertinent to the granting of the Permit and/or its rights and privileges (including set -up of premises, practices, performances, clean -up, and dismantling), 2023 Airshow Permit 10
Permittee shall ensure that all of its emplo yees and/or all employees of any contractors of Permittee, are covered by Workers’ Compensation insurance with statutory limits as well as Employer’s Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease, for any person injured while performing any work incidental to the work in or on the Airport. Permittee hereby waives any rights of subrogation against the City. Permittee shall file a certificate evidencing such coverage as well as a waiver of subrogation endorsement on a form satisfactory to City.

C. Permittee shall require that all contractors and/or concessionaires maintain liability insurance, including aircraft liability insurance when applicable, and provide certificates of insurance to the Permittee evidencing such insurance in an amount no less than $1,000,000 per occurrence for bodily injury and property damage liability which name the City of Salinas, its employees, officers, agents, representatives, boards, commissions and commissioners, and the Permittee, as additional insureds by endorsements with occurrence form coverage, in amounts, determined appropriate by the City and Permittee, to the product or service being provided by the concessionaire.

10. HOLD HARMLESS/INDEMNIFICATION
Permittee sha ll indemnify, defend, and save the City, its officers, employees, agents, and representatives harmless against any and all claims for damages to all persons or property arising from Permittee’s execution of the activity, or otherwise by the conduct of the Permittee, its officers, employees, agents, concessionaires, subcontractors or others (including the active and passive negligence of the City, its officers, agents, and employees), in connection with the execution of the activities covered by this Permit and any and all costs, expenses, attorneys’ fees, and liability incurred by the City, its officers, agents, employees, or representatives in defending against such claims, whether the same proceed to judgment or not, except only those claims arising from t he willful misconduct of the City, its officers, agents, or employees. Further, Permittee shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, representatives, and employ ees. This section specifically includes any liability arising out of or in connection with separate agreements that City may execute with third parties for 2023 Airshow Permit 11
services, volunteer or otherwise, relating to or in support of Airshow events including, but not li mited to, preparation, set-up, and clean-up work and activities.

Further, Permittee agrees to save, indemnify, defend, and hold harmless the City, its officers, employees, and agents against all liabilities, judgments, costs, and expenses, which may accrue against City as a consequence of granting permits and agreements to Permittee and from Permittee’s compliance with the provisions of the City’s rules, regulations, resolutions, and ordinances. Permittee shall reimburse the City for all costs and expenses (including but not limited to fees and charges of attorneys and other professional and court costs) incurred by the City in enforcing the provisions of this Section.

11. NO DEMANDS UPON CITY
Permittee shall be deemed to have accepted the condition of the Airport premises prior to its occupation and use thereof for the purposes of this Permit and shall make no demand upon City for any alterations, repairs or construction.

12. USE OF SALINAS MUNICIPAL AIRPORT
Permittee may use such areas and facilities at the Airport as are designated by the City’s Airport Manager. Permittee shall have the right to construct and maintain such temporary facilities and/or structures as are necessary for operations as allowed by this Permit, including controlling the ingress a nd egress of the public and Airshow participants. Said temporary facilities and/or structures must be satisfactory to the City’s Airport Manager. Upon the request of the City’s Airport Manager, Permittee shall remove said temporary facilities and/or structures.

13. DAMAGE TO SALINAS MUNICIPAL AIRPORT
Permittee shall cause to be repaired at its own expense, any and all damage to the property of the City or to the property of others on the Airport, which damage has been caused by Permittee, its agents, employees or others who may be on the Airport for any purpose connected with the staging and operation of the Airshow, including patrons of the Airshow. This provision applies to all aircraft moved from its normal and regular tiedown or parking space to make room for Airshow activity, until returned to its normal and regular tiedown or parking space. The Permittee accepts full legal liability and responsibility for all aircraft while located at 2023 Airshow Permit 12
other than its regular tiedown location until forty-eight (48) hours after the tiedown ramp has been vacated by Airshow facilities.

14. HAZARDOUS SUBSTANCES
A. Pursuant to Health and Safety Code section 25359.7, Permittee shall notify City in writing within a reasonable time of any material release of hazardous substances and of any hazardous substances that have come to be located on or beneath the Airport.

B. Prior to the expiration of this Permit, Permittee shall at its cost and expense remove all items of personal property, including but not limited to all flammable and hazardous materials and waste as defined by state, federal, or local law at the time of expiration of the Permit.

C. Permittee shall make available for inspection to the City all records relating to the maintenance, release, mitigation, and cleanup of any hazardous substances on the leased premises.

D. Permittee shall comply with all federal, state, and local laws and regulations relating to hazardous materials and waste, and shall timely comply with the orders of any governmental agencies relating thereto. Permittee shall request that a representative from Monterey County Environmental Health Department review hazardous material storage and use to determine that compliance with local l aws and regulations has been obtained.

E. City may reasonably enter upon and inspect the premises at any time.

15. CHARGES BY PERMITTEE
A. Permittee shall have the right to charge admission to members of the public desiring to witness the events allowed by this Permit.

B. Persons desiring or required to use the Airport for its normal purposes shall not be charged an admission to specific areas required for the performance of their normal activity on the Airport; except, however, that Permittee may charge admission to occupants of transient aircraft arriving during the open hours period of this Permit and desiring to attend the Airshow. Persons not charged an admission shall include but not be limited to: City’s employees regularly employed at the Airport or required to work on the Airport as certified by the City’s Airport Manager; on site employees of businesses at the Airport; tenants leasing property 2023 Airshow Permit 13
from the City and conducting business on the flight line; owners of aircraft based at the Airport; and persons demonstrating a valid requirement to conduct business on the Airport.

16. FURTHER COVENANTS AND AGREEMENTS
A. Throughout its operation and the operation of all its facilities on the Airport, neither Permittee nor any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of age, sex, race, color, religion, ancestry, national origin, blindness or other physical disability, in the use of any facilities provided for the public on the Airport.

B. Throughout Permittee’s rendering to the public any service (including the furnishings or sale of admission tickets, transportation, supplies or materials) essential to its operation at the Airport it will:
(1) Furnish such service on a fair, equal, and non-discriminatory basis to all users thereof; and (2) Charge fair, reasonable, and non -discriminatory prices for each unit of service; provided that Permittee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.

C. This Permit shall be subject to the terms of the City’s agreements, as amended, with the FAA. If they conflict, provisions of the FAA agreements that implement federal law shall take precedence over provisions of this Permit.

D. Permittee shall abide and be bound by the Minority Business Enterprise Program, a copy of which has been provided to Permittee, adopted and as amended from time to time by the City pursuant to United States Department of Transportation regulations Title 49, Code of Fed eral Regulations, Subtitle A, Part 23, participation by disadvantaged business enterprises in Airport concessions, and Part 26, participation by Minority Business Enterprise in Department of Transportation programs, a copy of which has also been provided to Permittee.

E. Permittee will obey all rules, regulations, and orders of the FAA, California Aviation Office, and the City of Salinas, existing or as amended.

F. It is further understood and agreed that during the term of this Permit, Permittee shall use the Airport in an orderly and peaceable manner, and in strict compliance with all applicable laws and ordinances and shall 2023 Airshow Permit 14
not use the Airport, nor allow any person or persons to use the Airport, for any purpose whatsoever that is in violation of any law or ordinance.

17. NO ASSIGNMENT, DELEGATION, OR SUBLICENSING
This Permit, being in the nature of a personal revocable permit, may not be assigned or delegated.

However, Permittee may allow concessionaires to enter upon the Airport for the performance of functions and services within the scope of the uses allowed to Permittee under the provisions of this Permit.

18. RIGHT TO AMEND
This Permit shall be subordinate to the provisions of any existing or future agreement between City and the United States, by which City obtains federally owned surplus property or federal aid for the improvement, operation, and/or maintenance of the Airpo rt. In the event that the FAA, or any other federal agency, requires modifications or changes in this Permit as a condition for the granting of funds for the improvement of the air terminal or lands or improvements covered by its laws, rules, or regulations, Permittee agrees to consent to the amendments, modifications, revisions, supplements, or deletions of any of the terms, conditions, or requirements of this Permit as may be required to obtain such funds.

19. SPECIAL PROVISION
It is understood and agr eed that nothing contained in this Permit shall be construed as granting or authorizing the granting of an exclusive right for the use of any landing areas or air navigation facility at the Airport.

20. PERMITTEE INDEPENDENT CONTRACTOR
For all the purposes of this Permit, Permittee is and shall be deemed to be, with respect to the City, an independent contractor. It is mutually agreed and understood that nothing contained in the Permit shall be deemed or construed to constitute a partnership or joint venture between the parties to this Permit. Moreover, it is agreed and understood that regarding the rights and obligations provided herein, this Permit establishes the extent of the relationship between the City and Permittee. It is agreed and understood t hat the City and Permittee are independent contractors and that neither is the employee or employer of the other and that employees of one are not the employees of the other.
2023 Airshow Permit 15

21. CANCELLATION BY CITY
In addition to any rights to which it may be entitled by law, City may cancel this Permit upon or after the occurrence of any of the following events:

A. The assumption by the United States Government, or any of its authorized agencies, of the operation, use or control of the Airport, or any substantial part of the Airport, in such manner as to substantially restrict the use of the Airport for any of the purposes for which Permittee is authorized; B. The existence or operation of any rule, regulation, sponsor assurance, or order of the FAA, directly or indirectly requiring the discontinuance or substantial reduction of the use of the Airport for any of the purposes for which Permittee is authorized;
C. The issuance of an injunction by any Court of competent jurisdiction restraining the use of the Airport for any of the purposes for which this Permit has authorized; D. Cancellation of any policy of insurance required by Section 9 of this Permit; E. The filing by Permittee of a voluntary petition in bankruptcy, the institution of proceedings in bankruptcy against Permittee, or the adjudication on Permittee as a bankrupt pursuant to voluntary or involuntary bankruptcy proceedings;
F. The appointment of a receiver of Permittee’s assets which results in a liquidation of Permittee’s business;
G. The general assignment of this Permit by Permittee for the benefit of creditors; or H. The default by Permittee in the performance of any of the terms and conditions required by this Permit to be kept and performed.

22. CANCELLATION BY PERMITTEE
Permittee may cancel this Permit and terminate all of its obligations at any time subsequent to the commencement of the term upon the breach of City, or City’s failure to perform any of the material covenants or agreements contained in this Permit. In such a case, the Permit fee identified in Section 4 will be refunded to Permittee.

23. WAIVER
2023 Airshow Permit 16
It is agreed that a failure on the part of City to take appropriate action or to declare this Permit terminated for default by Permittee in any one or more of the terms, covenants or conditions will not be considered or construed as a waiver by the City of such right on any further or future default on the part of Permittee. Additionally, the subsequent acceptance of the fee by City shall not be construed as a waiv er of City’s rights concerning any preceding breach of any term, covenant or condition by Permittee.

24. SURRENDER
Permittee covenants that on the last day of this Permit or any extension of it, Permittee will peaceably and quietly leave and surrender th e Airport premises in as good a condition as they are now (or, may be in after making alterations, additions, or improvements as permitted by City) except for ordinary wear and tear.

25. ASSIGNMENT BY CITY
It is further agreed by and between City and Permittee that City reserves the right to assign, pledge, or hypothecate this Permit, without the consent of Permittee, should such assignment, pledging, or hypothecation become necessary in the financing or refinancing of the Salinas Municipal Airport.

26. SECTION HEADINGS
The section headings contained in this Permit are for convenience in reference and are not intended to define, govern, limit, modify, or in any manner affect the scope meaning, or intent of the provisions of this Permit.

27. TIME
Concerning this Permit and the performance of each and every provision contained herein, time is of the essence.

28. NOTICES
Except as otherwise contained herein, all notices, statements, demands, consents, app rovals, authorizations, offers, agreements, appointments or designations hereunder by either party, shall be in writing and shall be sufficiently given and served upon the other party if sent by mail, postage prepaid and addressed as follows:

If to City, the same shall be addressed to:
2023 Airshow Permit 17
Airport Manager
City of Salinas
Salinas Municipal Airport
30 Mortensen Avenue
Salinas, California 93905

With a copy to:

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

or to such other place as City may by such similar notice in writing designate.

If to Permittee, the same shall be addressed to:

Monterey County Airshow Association
P.O. Box 1448
Salinas, California 93902

29. LITIGATION INVOLVING PERMIT; ATTORNEY FEES

In case suit shall be brought to interpret or enforce this Permit, or any term of provision contained herein, or because of the breach of any term or provision contained herein , the prevailing party in any 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 attorney’s fees, if awarded, shall be calculated at the market rate.

30. RIGHTS AND OBLIGATIONS UNDER PERMIT

This Permit constitutes the entire agreement between the City and Permittee and is the final expression of the City and Permittee with respect to the included terms and conditions, and as a complete and exclusive statement of the terms and conditions. Any prior agreements, premises, negotiations or representations not expressly set forth in this Permit are of no force and effect unless it is in writing and signed by the City and Permittee. By granting this Permit, the City does not intend to create any obligations express or implied other than those set out herein; further, this Permit shall not create any rights in any party not a signatory hereto.

31. SPONSORSHIP
A. Sponsorship Contribution From Airport Enterprise Fund. Pursuant to FAA Policies and Procedures Concerning the Use of Airport Revenue: Federal Register Volume 64, No. 30, February 16, 1999, 2023 Airshow Permit 18
the City Attorney’s Office has determined that it is permissible for the City Council to authorize a sponsorship contribution from the Airport Enterprise Fund to the California International Airshow provided the following criteria are met:
(1) The contribution must be minimal.
(2) The contribution must be substantially related to the operation of the Airport. (3) The contribution must have the intangible benefit of enhancing the Airport’s acceptance in local communities impacted by the Airport.

B. Minimal Contribution. In consideration for waving the Administrative Fees and F acility Rental Fees for the Airshow, the minimal contribution for the Airshow Sponsorship has been met.

C. Enhancement of Airport Acceptance. To ensure and maximize the enhancement of the Airport’s acceptance in the local community, the following considerations will be made by the Permittee:
(1) Space will be provided in the event program or other publication, for the Airport to publish an educational article or be recognized.
(2) The City shall receive not less than the equivalent sponsorship benefits as other sponsors for equivalent/like sponsorship contributions, whether paid or in-kind. (3) City and or Airport logos will be included on banners and promotional materials similar to that of equal sponsors.
(4) Booth, vendor, and or concession space will be provided to the City of Salinas, at no charge. A total of three (3) spaces shall be reserved for the City’s uses. The sole use of the City spaces will be to promote and enhance the City’s image. The Airshow shall provide entrance credentials necessary for City Staff, volunteers, or contractors to administer the space.
(5) The Salinas Pil ots Association (SPA) shall receive a $2,500.00 cash donation for volunteer services rendered during the airshow period. SPA will provide services and duties that are agreeable to SPA and Airshow Association. Historically this has 2023 Airshow Permit 19
included transient aircraft parking services and docent services for general aviation aircraft displays.

CITY OF SALINAS

_________________________________ ______________________________ Brett J. Godown, Airport Manager Date

APPROVED AS TO FORM:

_________________________________ ______________________________ Christopher A. Callihan, City Attorney Date

MONTEREY COUNTY AIRSHOW ASSOCIATION, INCORPORATED

______________________________ ______________________________ President Date

______________________________ ______________________________ Secretary Date
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-541, Version: 1
REACH Air Medical Services, LLC Facility Lease Agreement Approve a Resolution authorizing the Mayor to execute a facility lease agreement between the City of Salinas and REACH Air Medical Services, LLC at the Salinas Municipal Airport.

City of Salinas Printed on 9/7/2023Page 1 of 1
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CITY OF SALINAS

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 12, 2023
DEPARTMENT: PUBLIC WORKS, AIRPORT DIVISION
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: BRETT J. GODOWN, C.M., C.A.E., AIRPORT MANAGER
TITLE: REACH AIR MEDICAL SERVICES LLC, 20A & 240 SUITE 102 MORTENSEN AVE. FACILITY LEASE AT THE SALINAS

MUNICIPAL AIRPORT

RECOMMENDED MOTION:

A motion approving a resolution authorizing the Mayor or their designee to execute a facility lease between the City of Salinas and REACH Air Medical Services, LLC at the Salinas Municipal Airport.

RECOMMENDATION:

It is recommended that the City Council approve a resolution authorizing the Mayor or their designee to execute a facility lease between the City of Salinas and REACH Air Medical Services, LLC at the Salinas Municipal Airport.

BACKGROUND:

REACH Air Medical Services, LLC (Reach) is a long-term business tenant at the Salinas Municipal Airport. Reach provides air ambulance services to the Salinas Valley. Reach first entered a facility lease for 20 Mortensen Ave., with the City of Salinas for office space in the airport terminal in 2012. The Lease expired in 2022 and has remained in a month-to-month rental status to accommodate the desired ultimate leasing conditions. Reach desires to expand its crew quarter footprint by annexing the upstairs office space previously leased by the Bob Hoove r Academy. The Bob Hoover Academy has vacated the space.

At the August 24, 2023, Airport Commission meeting, the Airport Commission recommended City Council approve a resolution authorizing the Mayor or their designee to execute a facility lease between the City of Salinas and REACH Air Medical Services, LLC at the Salinas Municipal Airport.

ANALYSIS:

Term
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The lease provides one three-year initial term and three three-year option to renew the lease.

Space

1. Approximately 2,601 square feet of office space located on the second floor of the Airport Terminal building with the space address of 20A Mortensen Ave.

2. Approximately 400 square feet of office space located on the first floor of Building 240 Mortensen Ave with a Suite address of 102.

3. Two aircraft parking spaces , generally located by agreement , in the airport transient parking area.

Uses
The negotiated uses include current/existing uses only. Following the execution of the lease, the lessee may request to add additional uses through a lease amendment process. The following uses are included in the lease:

1. Operation of aerial medical transport service.

2. Crew Quarters for medical transport services.

3. Operation of offices for associated business purposes.

4. Short and long-term parking of aerial transport service aircraft.

Base Rent

1. The monthly rate for the building and land on the Demised Premise is equal to $4,250 per month or $51,000 per annum.

2. In addition to the Base Rent, Lessee shall pay for all water, gas, heat, light, power, telephone, sewage, garbage, and rubbish disposal, and all other services supplied to the Premises.

Escalator
The annual rent shall be increased by an amount equal to three percent (3%) of the annual rent in effect during the immediately preceding year.

At the August 24, 2023, Airport Commission meeting, the Airport Commission recommended that the City Council approve a resolution authorizing the Mayor or their designee to execute a facility lease between the City of Salinas and REACH Air Medical Services, LLC at the Salinas Municipal Airport.

CEQA/NEPA CONSIDERATION:

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

STRATEGIC PLAN INITIATIVE:

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This action supports the City Council’s Strategic Plan Goals for Public Safety.

DEPARTMENTAL COORDINATION:

The City of Salinas Airport Facility Lease was reviewed as to form by the City Attorney.

FISCAL AND SUSTAINABILITY IMPACT:

Revenues from this lease will provide an annual positive impact to the Airport Enterprise Fund of $51,000. Each year thereafter, the rent will be adjusted by a fixed three percent (3%) escalator.

Over the term of this lease, a total positive impact of $ 723,793.52 will be remitted to the Airport Enterprise Fund.

Year

Monthly
Rent
Annual Rent
1 $4,250.00 $51,000.00
2 $4,377.50 $52,530.00
3 $4,508.83 $54,105.90
4 $4,644.09 $55,729.08
5 $4,783.41 $57,400.95
6 $4,926.91 $59,122.98
7 $5,074.72 $60,896.67
8 $5,226.96 $62,723.57
9 $5,383.77 $64,605.27
10 $5,545.29 $66,543.43
11 $5,711.64 $68,539.74
12 $5,882.99 $70,595.93

ATTACHMENTS:

Reach Air Medical Services, 20A & 240 Suite 102 Mortensen Ave. Facility Lease

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

A RESOLUTION APPROVING A FACILITY LEASE BETWEEN THE CITY OF SALINAS AND REACH AIR MEDICAL SERVICES, LLC, FOR OFFICE SPACE AT 20A AND 240 SUITE 102 MORTENSEN AVENUE AT THE SALINAS MUNICIPAL AIRPORT

WHEREAS, the City of Salinas is the owner of that real property l ocated at 20A and 240 Suite 102, Mortensen Ave nue (the “Premises”) , in the City of Salinas, California, County of Monterey; and

WHEREAS, Reach Air Medical Services, LLC (“REACH”) desires to enter into a Facility Lease with the City of Salinas for the Premises at the Salinas Municipal Airport; and

WHEREAS, REACH desires to accept such Facility Lease upon the terms and subject to the conditions contained herein; and

WHEREAS, the City of Salinas and Calstar Air Medical Services, LLC negotiated a lease that will provide a positive impact for airport operations and the Airport Enterprise Fund; and

WHEREAS, on August 24, 20 23, the Airport Commission recommended that the City Council approve a resolution authorizing the Mayor or their designee to execute a Facility Lease between the City of Salinas and REACH Air Medical Services, LLC at the Salinas Municipal Airport.; and

WHEREAS, Salinas Municipal Code Section 12-13 allows the City Council to approve the leasing of any City -owned real property if the Council determines that th e real property interest leased will not be necessary for municipal purposes during the term of the lease.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF SALINAS, hereby finds and determines that the above recitals and accompanying Staff Report are true and correct and have served as the basis, in part, for the actions of the City Council set forth below; and

NOW, THEREFORE , BE IT FURTHER RESOLVED, that the Mayor of Sa linas or their designee is hereby authorized and directed for and on behalf of the City of Salinas to execute the attached Facility Lease by and between the City of Salinas, a municipal corporation, Reach Air Medical Services, LLC.

PASSED AND APPROVED this 12th day of August 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAINED:

APPROVED:

___________________________
Joe Gunter, Mayor

ATTEST:

_____________________________
Patricia Barajas, City Clerk

1378\19\2688697.1

LEASE AGREEMENT

BETWEEN

THE CITY OF SALINAS AND

REACH AIR MEDICAL SERVICES,
LLC

TABLE OF CONTENTS

Page

i
1378\19\2688697.1
ARTICLE 1. Definitions and Exhibits................................................................................ 1 Section 1.1 Definitions....................................................................................... 1 Section 1.2 Exhibits. .......................................................................................... 2 ARTICLE 2. Lease Provisions ........................................................................................... 3 Section 2.1 Premises. ......................................................................................... 3 Section 2.2 Use of the Premises. ........................................................................ 3 Section 2.3 Term. ............................................................................................... 3 Section 2.4 Rent. ................................................................................................ 4 Section 2.5 Security Deposit. ............................................................................. 5 Section 2.6 Taxes. .............................................................................................. 5 ARTICLE 3. Airport Use Restrictions................................................................................ 5 Section 3.1 Lessor's Reservations. ..................................................................... 5 Section 3.2 City of Salinas Regulations. ............................................................ 6 Section 3.3 Federal Requirements. .................................................................... 6 ARTICLE 4. Other Covenants ............................................................................................ 8

Section 4.2 Maintenance and Repair. ................................................................ 8 Section 4.3 Signs. ............................................................................................... 9 Section 4.5 Liens and Claims............................................................................. 9 Section 4.6 Right to Assign or Transfer........................................................... 10 Section 4.7 Encumbrances of Leasehold Interests. .......................................... 12 Section 4.8 Right to Enter. ............................................................................... 12 Section 4.9 Abandonment. ............................................................................... 12 Section 4.10 Recording of Lease Forbidden. ..................................................... 13 Section 4.11 Licenses and Permits..................................................................... 13 ARTICLE 5. Risk Management ....................................................................................... 13 Section 5.1 Indemnification. ............................................................................ 13 Section 5.2 Insurance. ...................................................................................... 13 Section 5.3 Reporting Damage. ....................................................................... 13 Section 5.4 Disclaimer and Release; ADA Notice. ......................................... 14 Section 5.5 Hazardous Substances. .................................................................. 15 Section 5.6 Survival. ........................................................................................ 16

TABLE OF CONTENTS

Page

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1378\19\2688697.1
ARTICLE 6. Default and Termination ............................................................................. 17 Section 6.1 Termination for Nonpayment of Rent or Other Charges. ............. 17 Section 6.2 Other Events of Default. ............................................................... 17 Section 6.3 Future Expansion. ......................................................................... 17 Section 6.4 Force Majeure. .............................................................................. 17 Section 6.5 Insolvency. .................................................................................... 18 Section 6.6 Casualty......................................................................................... 18 Section 6.7 Eminent Domain. .......................................................................... 19 Section 6.8 Remedies Cumulative. .................................................................. 19 Section 6.9 Lease Termination……………………………………………... 18
ARTICLE 7. Miscellaneous Provisions ............................................................................ 20 Section 7.1 Notice. ........................................................................................... 20 Section 7.2 Venue and Applicable Law. .......................................................... 21 Section 7.3 Time. ............................................................................................. 21 Section 7.4 Third Party Beneficiaries. ............................................................. 21 Section 7.5 Integration; Amendment. .............................................................. 21 Section 7.6 Waiver. .......................................................................................... 21 Section 7.7 Interpretation. ................................................................................ 21 Section 7.8 Attorneys' Fees and Costs. ............................................................ 22 Section 7.9 Heirs, Successors, and Assigns. .................................................... 22 Section 7.10 Conflicts of Interest....................................................................... 22 Section 7.11 Relationship Between the Parties.................................................. 22 Section 7.12 Brokers. ......................................................................................... 22 Section 7.13 Multiple Originals. ........................................................................ 22 Section 7.14 Signatures. ..................................................................................... 22 Section 7.15 CEQA. ........................................................................................... 23

1 1378\19\2688697.1

LEASE AGREEMENT

THIS LEASE AGREEMENT (“Lease”) is entered into this October 1, 2023 (the "Effective Date") by and between the City of Salinas, a California charter city and municipal corporation of the State of California (“Lessor”), and Reach Air Medical Services, LLC, a California Limited Liability Company ("Lessee”).

WITNESSETH:

A. Lessor owns and operates the Salinas Municipal Airport in the City of Salinas, State of California; and

B. Lessee desires to lease a portion of Airport for the uses permitted and upon the terms and conditions herein.

NOW, THEREFORE, in consideration of the foregoing, the mutual promises and covenants set forth in this Agreement, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:

ARTICLE 1. DEFINITIONS AND EXHIBITS
Section 1.1 Definitions.

The following capitalized terms have the meanings set forth in this Section 1.1 whenever used in this Agreement, unless otherwise provided:
(a) "Additional Improvements" has the meaning given in Exhibit D. (b) "Airport" means the Salinas Municipal Airport in the City of Salinas, State of California.
(c) "Base Rent" has the meaning given in Section 2.4, and includes the combined rent for the Building.
(d) "Building" has the meaning given in Section 2.1.
(e) “Cancellation Date” has the meaning given in Section 2.3(c). (f) “Cancellation Fee” has the meaning given in Section 2.3(c). (g) "City Code" has the meaning given in Section 3.2(b). (h) "Claims" has the meaning given in Section 5.1.
(i) “Clean and in Good Condition” has the meaning given in Section 6.9. (j) “Commercial Property” means property that is offered for rent or lease to persons operating, or intending to operate, a place of public accommodation as defined in Section 202 of Chapter 2 of Part 2 of Title 24 of the California Code of Regulations, or a facility

2 1378\19\2688697.1
to which the general public is invited, at those premises and has the meaning given in Section

5.4. (k) "Event of Default" means any material breach of this Lease. (l) “Extended Term” or “First Extended” has the meaning given in Section

2.3(b).
(m) "FAA" means the Federal Aviation Administration.
(n) "Land Use Plan" has the meaning given in Section 3.2(a). (o) "Lease" means this Agreement, as set forth in the opening paragraph. (p) "Lessee" means Reach Air Medical Services, LLC, as set forth in the opening paragraph.
(q) "Lessor" means the City of Salinas, a California charter city and municipal corporation, as set forth in the opening paragraph.
(r) "Original Term" has the meaning given in Section 2.3(a). (s) "Part 21" has the meaning given in Section 3.3(c)(1). (t) "Part 77" has the meaning given in Section 3.3(d) and Title 14 Aeronautics and Space, Chapter I, Subchapter E, Part 77 – Safe Efficient Use, and Preservation of the Navigable Airspace.
(u) "Premises" means the Building and the Ramp Space licensed to Lessee pursuant to Section 2.1 of this Agreement.
(v) "Released and Indemnified Parties" means Lessor and its elected officials, officers, employees, agents, representatives, volunteers, and assigns and as set forth in Section

5.1. (w) "Renewal Term" has the meaning given in Section 2.3(b). (x) "Rules" is defined in Section 3.2(a).

Section 1.2 Exhibits.

The following exhibits are attached to this Lease and are incorporated into it by this reference; provided, however, that any conflict between an exhibit and the main body of this Lease will be construed in favor of the latter:

Exhibit A Legal Description of the Premises
Exhibit B Depiction of the Premises
Exhibit C Permitted Uses of Premises

3 1378\19\2688697.1
Exhibit D Description of the Lessee Improvements
Exhibit E Insurance Requirements
Exhibit F Rental Schedule

ARTICLE 2. LEASE PROVISIONS
Section 2.1 Premises.
(a) Demise of the Premises. Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to lease from Lessor the following:
(1) Approximately 2,601 square feet of office space located on the second floor of the Airport Terminal building with the space address of 20A Mortensen Ave; and. (2) Approximately 150 square feet of office space located on the first floor of Building 240 Mortensen Ave with a Suite address of 102; and (3) Two aircraft parking spaces generally located by agreement in the airport transient parking area.
(b) The Demised Premise is described more particularly in Exhibit A and Exhibit B.

Section 2.2 Use of the Premises.

The Premises will be used only for the purposes described in Exhibit C. The Premises may not be used for any other purpose without Lessor's written authorization, in Lessor's sole discretion.

Section 2.3 Term.
(a) Term. Except as otherwise specifically set forth in this Section, the term of this Lease shall be for a period of three (3) years commencing on the Effective Date October 1, 2023, and ending September 30, 2026, unless sooner terminated in the manner and under the conditions herein provided (the “Original Term”). Rent due pursuant to Section 2.4 begins upon commencement of the Original Term.
(b) Renewal Options. This Lease may be renewed by mutual agreement for up to three (3) three-year (3) periods (the “Extended Term” or “First Extended Term”) by giving City written notice of each such election not less than six (6) months prior to the expiration of the then current term, as may have previously been extended. If Lessee elects to renew, the Extended Terms of the Lease Agreement, except as otherwise specifically set forth herein, shall be on the same terms and conditions as set forth herein, except that there shall be no option to extend beyond the Extended Term and Rent shall be calculated as provided in Section 2 of this Lease Agreement.
(c) Cancellation Option. Lessee shall have the right to cancel this Lease Agreement following the last day of the thirty-sixth (36th) month (the “Cancellation Date”)

4 1378\19\2688697.1
following the Commencement Date provided; however, Lessee provides City not less than nine (9) months prior written notice and pays a cancellation Fee, as defined herein. The “Cancellation Fee” shall be equal to three (3) months of the then current Base Rent. The Cancellation Fee shall be due and payable thirty (30) days prior to the Cancellation Date.

Section 2.4 Rent.
(a) Time and Place of Payments. In the event that Lessee elects to pay rent annually, the payment will be due and payable in advance for the first year on the Effective Date and each year thereafter on the annual anniversary of the Effective Date. In the event that Lessee elects to pay on a monthly basis, the payment be due and payable in advance for the first month, prorated on the basis of a thirty (30) day month for the number of days until the first (1st) day of the following month, and thereafter on the first (1st) day of each calendar month. Checks will be made payable to the City of Salinas, and will be delivered to:

City of Salinas
Office of the Finance Director, Attn: Airport Fund
200 Lincoln Avenue
Salinas, California 93901

The place and time of payment may be changed at any time by the Lessor upon thirty (30) days’ written notice to Lessee. Lessee assumes all risk of loss and responsibility for late payment charges.
(b) Amount of Rent.
(1) Base Rent. During the Original Term, rent shall be payable, at the option of the Lessee, in either annual or equal monthly installments. (A) The monthly rate for the Building and land on the Demised Premise is equal to four thousand two hundred fifty Dollars and 25/100 ($4,250) per month or fifty-one thousand Dollars and 00/100 ($51,000) per annum (“Base Rent”). (2) Utilities. In addition to the Base Rent, Lessee shall pay for all water, gas, heat, light, power, telephone, sewage, garbage, and rubbish disposal, and all other services supplied to the Premises.
(3) Rent Increases. Pursuant to the Rental Schedule in Exhibit F, commencing on the first anniversary of the Effective Date and on each anniversary of the Effective Date thereafter, the annual rent due under this Agreement shall be increased by an amount equal 3 percent (3%) of the annual rent in effect during the immediately preceding year. (c) Delinquent Rent. Rent will be considered delinquent if it is not paid within ten (10) days of the due date. The parties agree that Lessee's failure to pay rent before it becomes delinquent will cause Lessor to suffer losses or damages, including but not limited to transactions charges, collections costs, and the loss of use of funds, which would be difficult to predict and calculate in advance. To compensate for such losses, Lessee will pay a late fee equal

5 1378\19\2688697.1
to ten percent (10%) of the amount of unpaid rent that is due and owing at the time the rent became delinquent, which the parties agree represents a reasonable estimate of Lessor's damages.

Section 2.5 Security Deposit.

There will be no security deposit; however, at the expiration of this Lease, or any earlier termination pursuant to Article 6, Lessee will return the Premises to Lessor in comparable or better condition and repair as it existed as of the Effective Date, normal wear and tear excepted.

Section 2.6 Taxes.
(a) Lessee will pay all taxes (including possessory interest tax), property-related fees, and assessments that may be levied upon the Premises, and any interest of Lessee therein, for the full term of this Lease.
(b) Lessor agrees to waive future tax assessments levied against the Premises by the Lessor for future improvements made by Lessor to Airport Property, that are outside of Lessee’s Leased area, and if such improvements do not provide direct benefit to Lessee. The waiver of future assessments shall not be construed or extended to waiving of existing taxes or assessments, the possessory interest tax or future assessments by other government agencies.

ARTICLE 3.AIRPORT USE RESTRICTIONS
Section 3.1 Lessor's Reservations.
(a) Utilities. Lessor reserves the right, upon reasonable prior notice to Lessee, to install, lay, construct, maintain, repair, and operate such sanitary sewers, drains, storm water sewers, pipelines, manholes, and connections; water, oil and gas pipelines; telephone, telegraph and electric power lines; and the appliances and appurtenances necessary or convenient in connection therewith, in, over, upon, through, across, under, and along any and all portions of the Premises. No right reserved by Lessor in this Subsection shall be so exercised as to interfere unreasonably with Lessee’s permitted use or operations hereunder or to impair the security or any secured creditor of Lessee. Lessor further agrees that rights granted to third parties by reason of this clause shall contain provisions that the Premises will be restored as nearly as practicable to its original condition upon the completion of any construction. Lessor further agrees that should the exercise of these rights temporarily interfere with the use of any and all of the Premises by Lessee, the rental and other charges due hereunder shall be reduced in proportion to the interference with Lessee’s use of the Premises. (b) Reservations in Gross. The easements and rights herein reserved and excepted by Lessor, and the easements and rights herein granted by Lessee to Lessor, shall be deemed both in gross and also appurtenant to each and every portion of the real property of the Airport (save and except the Premises).
(c) Other Federal Requirements. Lessee agrees that Lessee's use of the Premises, including any initial construction, all future construction, and any maintenance, repair, or modification of the Premises, will comply with all applicable Federal Aviation Regulations or other applicable federal statutes, regulations, or rules affecting airports or aviation as may now

6 1378\19\2688697.1
be in force or that may be hereafter adopted by any federal agency or instrumentality. This Subsection will be construed broadly to ensure compliance with applicable federal requirements. the interference with Lessee’s use of the Premises.
(d) Based Aircraft Reporting. Lessee agrees to provide Lessor an accounting of Based Aircraft on an annual basis. The accounting shall include: Year, Make, and Model of the Aircraft; name and phone number of registered owner.

Section 3.2 City of Salinas Regulations.
(a) Airport Rules and Land Use Plan Incorporated. The Salinas Municipal Airport Rules and Regulations (the "Rules") and the Salinas Municipal Airport Land Use Plan (the "Land Use Plan"), as those documents may be amended or superseded from time to time, are incorporated into this Lease by this reference. Lessee will comply fully with the Rules, and Lessee's use of the Premises will be consistent with the Land Use Plan. (b) City of Salinas Municipal Code. Lessee agrees to comply with applicable provisions of the City of Salinas Municipal Code (the "City Code"), including but not limited to Chapter 4 (Public Property) and Chapter 37 (Zoning). Lessor agrees that the Premises are compliant with such provisions as of the date of this Lease. (c) Other Applicable Laws, Rules, and Regulations. Lessee further agrees to comply with all other applicable laws, rules, and regulations, for the use of the Premises and all other portions of the Airport, including any rules and regulations established by the Salinas City Council, the Salinas Airport Commission, and the Salinas Airport Manager.

Section 3.3 Federal Requirements.
(a) Subordination to Federal Agreements. This Lease is subordinate to the provisions and requirements of any existing or future agreement between the Lessor and the United States of America, relative to the development, operation, or maintenance of the Airport. (b) Non-Exclusive Right. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of 49 U.S.C. sections 40103 (e) and 47107(a)(4). (c) Nondiscrimination.
(1) The Lessee for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that:
no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 C.F.R. Part 21 - Nondiscrimination in Federally Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964; 49 CFR Part 23 -

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Participation of Disadvantaged Business Enterprise in Airport Concessions; 49 CFR Part 26 - Participation By Disadvantaged Business Enterprises In Department Of Transportation Financial Assistance Programs and as said Regulations may be amended. (2) The Lessee will furnish services on a reasonable and not unjustly discriminatory basis to all users, and charge reasonable and not unjustly discriminatory prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.
(3) The Lessee assures that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision obligates the Lessee or its transferee for the period during which Federal assistance is extended to the airport program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases, the Provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this Provision binds the contractors from the bid solicitation period through the completion of the contract.
(d) Height Restrictions. The Lessee by accepting this Lease agreement expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or building nor permit object of natural growth or other obstruction on the land leased hereunder above a height as determined by the application of the requirements of 14 C.F.R. Part

77. In the event the aforesaid covenants are breached, the owner reserves the right to enter upon the land hereunder and to remove the offending structure or object or cut the offending natural growth, all of which shall be at the expense of the Lessee. (e) FAA Form 7460-1, Notice of Construction or Alteration. The Lessee agrees to comply with the notification and review requirements of 14 C.F.R. Part 77 in the event future construction of a building is planned for the leased premises or in the event of any planned modification or alteration of any present or future building or structure situated on the leased premises. This requires the submission of FAA Form 7460-1, Notice of Construction or Alteration to the FAA.
(f) Interference. The Lessee by accepting this Lease agrees for itself, its successors and assigns that it will not make use of the Leased premises in any manner which might interfere with the landing and taking off of aircraft or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the owner reserves the right to enter upon the premises hereby Leased and cause the abatement of such interference at the expense of the Lessee.

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(g) Right of Flight. There is reserved to the Lessor, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Leased Premises. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through said airspace or landing at, taking off from, or operating on the airport premises (h) Development of Landing Area. The Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of the Lessee and without interference or hindrance.
(i) Security. The Lessee will conform to airport and Federal Aviation Administration safety and security rules and regulations regarding use of the airport operations area including runways, taxiways, aircraft aprons by vehicles, employees, customers, visitors, etc. in order to prevent security breaches and avoid aircraft incursions and vehicle/pedestrian deviations; will complete and pass airfield safe driving instruction program when offered or required by the airport; and will be subject to penalties as prescribed by the airport for violations of the airport safety and security requirements.
(j) Facility Repairs. The Lessor reserves the right, but shall not be obligated to the Lessee to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of the (lessee, licensee, permittee, etc.) in this regard.
(k) War or National Emergency. This Lease and all the provisions of it are subject to whatever right the United States of America has affecting the control, operation, regulation, and taking over of the Airport or the exclusive or non-exclusive use of the Airport by the United States of America during the time of war or national emergency.

ARTICLE 4. OTHER COVENANTS
Section 4.1 Maintenance and Repair.

Lessee's Maintenance and Repair Obligations. Except as otherwise specifically provided in this Lease Agreement, Lessee will be solely responsible for keeping the Premises clean and in good condition and repair, reasonable wear and tear excepted. Lessor shall, at its own cost and expense, be responsible to repair and maintain the structural components of the Premise. For the purpose of this Lease, structural components includes the foundation, exterior walls, roof(s), windows, and floor structures. Lessee shall, at its own cost and expense, be responsible to repair and maintain non-structural components of the Premise. For the purpose of this Lease, non- structural components includes but is not limited to heating, air-conditioning and ventilation systems, telephone and communication systems, plumbing and electrical systems, all appliances, lighting and light bulbs, flooring, ceilings, walls, doors, door locks, door frames, stairs, large hangar doors, and electric drive mechanisms for the hangar doors. Lessee shall not be responsible for the top rollers and guides for the large hangar doors, and exterior paint. Lessee shall maintain the Premise in an aesthetically pleasing manner, including without limitation removing weeds and debris on the Premise, replacing components that are broken or worn, refreshing painted surfaces associated with the Premise, ensuring the Premise is pest free, and

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preventing the accumulation of stored materials outside. Lessee will also be responsible for all damage or destruction of the Premises caused by any acts of Lessee or by Lessee's employees, agents, licenses, contractors, assignees, sublessees, guests, or invitees. (a) Lessor's Right to Cure; Additional Rents. If, in the opinion of the Lessor’s Airport Manager, the Premises are not being properly maintained, the Airport Manager shall, after giving written notice to Lessee and after a reasonable time to cure, cause such repair and maintenance to be made. The cost of such maintenance or repair will be added to the rent, and will be due immediately upon invoice.

Section 4.2 Signs.

Lessee may post such signs as necessary and usual in the conduct of its business in and upon the Premises. Lessee is required to post professional, high quality (like similar business signs) Business Name sign at/or near entry way of Premise. Location, size, shape, and copy of all signs will be in accordance with the City Code, and will be approved by Lessor's Airport Manager, Community Development Department, and Permit Center prior to installation. Subject to all requirements of the City Code and other applicable laws, approval will not be withheld unreasonably.

Section 4.3 Liens and Claims.
(a) Possessory Interest. Lessee acknowledges that this lease may create a real property possessory interest subject to taxation. Without limiting Lessee's obligation pursuant to this Lease to pay taxes, assessments, property related fees, and other charges and impositions associated with the Premises, payment of real property taxes levied on such possessory interest will be the sole responsibility of Lessee, with no right of offset of rent, charges, or other fees due under this Lease.
(b) No Liens. Lessee will pay all taxes, assessments, property related fees, and other charges and impositions that Lessee is obligated to pay under this Lease before the same become delinquent. Furthermore, Lessee will not permit or suffer any liens or encumbrances to be imposed upon the Premises, the Airport, or any building or structure thereon as a result of nonpayment of any obligation of Lessee. Neither will Lessee permit or suffer any lien, claim, or demand to be imposed upon the Premises, the Airport, or any building or structure thereon, arising from any work of construction, repair, restoration, or maintenance at or on the Premises (except liens, claims, or demands suffered by or arising from the actions of Lessor). (c) Payment Bonds. To ensure the completion of works of improvement and to protect the Premises from liens, prior to the commencement of any work of construction, repair, restoration, or maintenance at or on the Premises, which exceeds Fifty Thousand and No/100 Dollars ($50,000.00) in cost, Lessee shall furnish to Lessor's Airport Manager, at no cost to Lessor, payment bonds approved as to form by the Lessor's City Attorney in the full amount of the total cost of the contract or contracts for the work. (d) Contesting Charges. Notwithstanding anything to the contrary in this Section, with prior notice to Lessor, Lessee may contest any tax, assessment, fee, charge, imposition, claim, or demand for payment that may become a lien on Lessor's property if left unpaid,

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provided that nonpayment is permitted only during the pendency of any contest without the foreclosure of the lien or the imposition of any fine or penalty that could become a debt of Lessor. Lessee will prosecute any contest diligently, and will provide such security as may be requested by, and acceptable, to Lessor to hold Lessor and Lessor's property free from liability. (e) Payment by Lessor. If Lessee fails to pay any amount required by this Section to be paid by Lessee, Lessor will have the right, but not the duty, on five (5) days' prior written notice to Lessee, pay, discharge, or adjust such obligation for Lessee's benefit. On written demand from Lessor, Lessee will, as additional rent, reimburse Lessor within ten (10) days for the full amount expended by Lessor, together with interest from the date of payment at the lesser of ten percent (10%) or the maximum amount allowed by law.

Section 4.4 Right to Assign or Transfer.
(a) Limitation on Assignment, Subleasing, Encumbrance, or Transfer. Lessee will not sublease the Premises or otherwise encumber, assign or transfer this Lease, or any right or interest herein, to any of the buildings and improvements on the Premises, without the prior written consent of the Lessor, which shall not be unreasonably withheld, and no such assignment, sublease or transfer, whether voluntary or involuntary, by operation of law, under legal process or proceedings, or otherwise, shall be valid or effective without such prior written consent.
(1) Lessee shall provide Lessor copy of written agreement between Lessee and Sublessee(s). The written agreement shall include the following provisions:
(A) Each Sublessee shall secure and maintain a Salinas Municipal Airport Use Permit and insurance coverage in types and amounts, and subject to such conditions, as specified in the Permit.
(B) Each Sublessee shall indemnify, hold harmless, and defend (with counsel reasonably acceptable to Lessor) the Released and Indemnified Parties against any and all claims, actions, causes of action, liabilities, costs (including reasonable attorneys' fees), expenses, liens, judgments, damages, or civil or administrative fines (collectively, "Claims") caused by Sublessee's use of the Premises, including, without limitation, Claims for property damage, personal injury, or wrongful death; provided, however, that Lessee's indemnification obligation does not extend to Claims arising out of the Released and Indemnified Parties gross negligence or willful misconduct.
(b) Based Aircraft Reporting. Sublessee shall provide Lessee an accounting of Based Aircraft on an annual basis. The accounting shall include: Year, Make, and Model of the Aircraft; name and phone number of registered owner.
(c) Change in Control. If Lessee is a corporation, unincorporated association, partnership, or other business entity, the transfer, assignment, or hypothecation of any stock or interest in said entity, in the aggregate in excess of twenty-five percent (25%), transfer of the general partner or managing general partnership interest in a limited partnership, or transfer of the manager of a limited liability company, will be deemed an assignment within the meaning of this Lease. The following transfers are excepted from the provisions of this Subsection:

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(1) Transfer or assignment of stock or interest to a shareholder or member of Lessee or an entity controlled by, under common control with, or controlling Lessee, or pursuant to a merger or sale of all or substantially all of the assets of Lessee. (2) Transfer or assignment of stock or interest to a spouse, child, or grandchild of a shareholder, member, or partner, or to a trust for the benefit of the same. (d) Lessor's Option to Terminate. Notwithstanding any other provision in this Lease regarding default or termination, should Lessee attempt to make or suffer to be made any such encumbrance, assignment, sublease, or transfer in violation of this Section, or should any right or interest of Lessee hereunder or in or to the Premises be transferred or sold by or under court order or legal process, or otherwise, then any of the foregoing events will be deemed a breach of this Lease and thereupon Lessor may, at its option, terminate this Lease immediately by written notice to Lessee, or exercise other rights provided by law or in this Lease to be exercisable by Lessor in the event of any default or breach under this Lease. Should Lessor consent to any such encumbrance, assignment, sublease, or transfer, such consent will not constitute a waiver of any of the restrictions of this Section, and the same will apply to each and every encumbrance, assignment, sublease, or transfer hereunder and shall be severally binding upon each and every encumbrancer, assignee, sublessee, transferee, and other successor in interest of Lessee.
(e) Grounds for Withholding Consent. It is agreed and understood that Lessor may withhold Lessor's consent to any assignment, transfer, sublease, or encumbrance under the following circumstances:
(1) If a proposed assignee or sublessee will not covenant in writing to keep, perform, and be bound by each and all the covenants and conditions of this Lease, and to assume any previously accrued obligations hereunder.
(2) If Lessee is in default under this Lease at such time in any respect. (3) If construction, repair, or demolition of improvements on the Premises is in progress, or if said construction, repair, or demolishment is incomplete. (4) Until a determination has been made by Lessor that the assignee, transferee, or other successor in interest of Lessee can pay rent and operate in accordance with the standards required by Lessor.
(5) Lessor is not satisfied, in its sole and absolute discretion, that Lessee is willing and able to discharge any proposed encumbrance. (6) Any other reasonable basis.
(f) Incorporation of Lease; Effect of Assignment. Any document that purports to assign, sublease, transfer, or encumber the Premises or any part thereof, will incorporate directly or by reference all provisions of this Lease unless otherwise amended in writing. Upon any assignment or transfer approved by Lessor, Lessee will be relieved of any further obligations arising under this Lease after the effective date thereof.

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Section 4.5 Encumbrances of Leasehold Interests.
(a) Subject to Section 4.6, Lessee may encumber Lessee’s interest in the Premises to secure a loan from a federally insured institutional lender to construct the Tenant Improvements and any Additional Improvements, provided the unpaid balance of any such loan will not at any time exceed Seven Hundred Fifty Thousand and No/100 Dollars ($750,000.00) without the prior written consent of Lessor's City Council. Such encumbrance will be subject, however, to the following covenants and conditions:
(1) Any document evidencing the loan or any security given for it must be filed with Lessor’s City Clerk within ten (10) days after its execution. (2) Except as otherwise provided in this Section, any instrument securing the loan will be subordinate to this Lease and Lessor's interests in the Premises, the Airport, and all improvements thereon. In the event of any conflict between the provisions of this Lease and the provisions of such security instrument, the provisions of this Lease will control, and any person acquiring any interest in the Premises by foreclosure, trustee's sale, or any similar remedy, will acquire that interest subject to Lessee's obligations under this Lease. (3) If Lessee elects to terminate this Lease pursuant to Section 6.6 in the case of any casualty, Lessee will be obligated disburse the proceeds of any insurance first to repay an loan secured by Lessee's interest in the Premises. The remaining proceeds, if any, will be paid to Lessor for such amounts, if any, due and owing to Lessor by Lessee under this Lease.

Thereafter, any proceeds remaining may be disbursed to Lessee. (b) To the extent that a loan secured by Lessee's interest in the Premises is reasonably necessary for Lessee to finance the Tenant Improvements and any Additional Improvements authorized by Lessor, and provided that the Lessor has approved such encumbrance pursuant to Section 4and this Section, Lessor will not unreasonably withhold agreement to customary creditor protections, including by providing the lender notice and an opportunity to cure any breach of this Lease on Lessee's behalf prior to exercising any remedy hereunder that would threaten the lender's security.

Section 4.6 Right to Enter.

Lessor reserves the right by its officers, employees, agents, and contractors, to enter the Premises upon prior notice at reasonable times (except in cases of emergency), (i) for any reason otherwise authorized under this Lease, including as allowed in Section 3.1; (ii) to inspect the Premises and to ensure compliance with this Lease; (iii) in furtherance of any maintenance obligation of Lessor; (iv) to post notices, including notices of non-responsibility for improvements, alterations, or repairs if an when Lessor desires to do so; and (v) whenever reasonably necessary in the interest of public health or safety.

Section 4.7 Abandonment.

Lessee may not abandon, vacate, or surrender the Premises during the Original Term or Rental Term, except as otherwise provided in this Lease. In the case of any unauthorized abandonment, Lessor may reenter and relet the Premises. Mere failure to operate the Premises

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will not constitute abandonment provided the Lessee continues to maintain the Premises and pay all rent and other obligations hereunder. Any belongings or other property left on the Premises following termination of this Lease or abandonment of the Premises will, at the option of Lessor, be deemed abandoned.

Section 4.8 Recording of Lease Forbidden.

Lessee will not record this Lease, or a memorandum or abstract of it, and will not cause or permit any other person to do the same on its behalf, without express written permission from Lessor's Airport Manager.

Section 4.9 Licenses and Permits.

Lessee has obtained or, will obtain at such time as may be necessary, each and every approval, license or permit as may be necessary to operate the Premises as contemplated hereunder.

ARTICLE 5. RISK MANAGEMENT
Section 5.1 Indemnification.

Lessee will indemnify, hold harmless, and defend (with counsel reasonably acceptable to Lessor) the City of Salinas, its elected and appointed officials, officers, employees, representatives, volunteers, and agents (hereinafter collectively the “Released and Indemnified Parties”) Parties against any and all claims, actions, causes of action, liabilities, costs (including reasonable attorneys' fees), expenses, liens, judgments, damages, or civil or administrative fines (collectively, "Claims") caused by Lessee's use of the Premises, including, without limitation, Claims for property damage, personal injury, or wrongful death; provided, however, that Lessee's indemnification obligation does not extend to Claims arising out of the gross negligence or willful misconduct of the Released and Indemnified Parties.

Section 5.2 Insurance.

Lessee will provide insurance coverage in types and amounts, and subject to such conditions, as specified in Exhibit E.

Section 5.3 Reporting Damage.

Lessee will report any transaction or occurrence at or relating to the Premises for which Lessor may have significant exposure to liability. Such report will be made immediately by phone, and within one (1) business day in writing, to Lessor's Airport Manager or such other person as Lessor may designate in writing. The written report will describe the incident in reasonable detail, including a description of the nature of the damages and the identity and contact information (if available) of any witnesses. The report will also identify any insurance policy that may be available to cover the damage.

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Section 5.4 Disclaimer and Release; ADA Notice.
(a) General Release.
(1) Lessee agrees that this is a commercial lease negotiated in good faith and that it was provided a reasonable opportunity prior to entering into this Agreement to inspect the Premises and to conduct such due diligence as it, in its discretion, has deemed appropriate.

Lessee accepts the Premises subject to and as provided in this Lease in its current "as-is" condition, including all faults or defects, zoning conditions, or hazardous conditions known or unknown (if any). Lessor will not be liable to Lessee for, and Lessee hereby releases the Released and Indemnified Parties from any and all liability, whether in tort or in contract, for any injury, damage, or loss resulting from or attributable to the condition or status of the Premises.

Lessee hereby waives and agrees not to commence any action, legal or administrative proceeding, cause of action, or suit in law or equity, of whatever kind or nature, directly or indirectly against the Released Parties in connection with the Premises, this Lease or Lessee's use of the Premises pursuant to this Lease.
(2) Lessee, on its own behalf and of any other party claiming by or through Lessee, expressly waives the provisions of Civil Code Section 1542, which states:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Lessee's Initials: ______________
(3) Lessee acknowledges that the release set forth above is an integral part of this Lease, and that Lessor would not have agreed to enter into this Lease without it. The release shall survive the expiration and termination of this Lease. (4) Notwithstanding anything to the contrary herein, this Subsection shall not be construed to hold Released and Indemnified Parties harmless for liability for the breach of this Lease or for intentional and active fraud, willful misconduct, or gross negligence. (b) Bailee Release. It is hereby agreed and understood that Lessor in no way purports to be a bailee, and is therefore not responsible in any way for any damage to the property of Lessee or Lessee's contractors, agents, employees, guests, or invitees. (c) CASp Notice. Pursuant to Civil Code Section 1938, Lessor is required to advise Lessee of the following:

A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential

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occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.
(d) CASp Inspection. Lessee and Lessor mutually agree if either party obtains a CASp inspection, the cost of the CASp Inspection will be the responsibility of the Party who contracts the CASp inspector, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises will be shared or divided based on the context or reason of the violation. In general, the Lessee is responsible for all costs and expenses of complying with federal, state and local statues, regulations and guidelines imposing standards for accessibility applicable to the Premises with respect to the following:
(1) Violations arising from Lessee’s or Sublessee’s tenancy, occupancy; business operations, or change in existing use;
(2) Violations arising from Lessee’s or Sublessee’s improvements, maintenance, or modification to the Premise.

Lessee's failure to comply with such laws shall be subject to Lessee's obligations stated within this Lease, including, without limitation, in Section 5.1.

Lessor is responsible for all costs and expenses of complying with federal, state and local statues, regulations and guidelines imposing standards for accessibility applicable to the Premises with respect to the following:
(3) Violations of access corridors up to but not including the Premise; (4) Violations within, about, on the Premise outside the responsibility of the Lessee.
(e) Assumption of Risks and Waiver. Lessee assumes all risks associated with the use of the Airport and Premises for aviation purposes, including, without limitation, risks (including without limitation any psychological risks) associated with noise, vibration, currents and other effects of air, illumination, and fuel consumption. Lessee expressly waives any and all claims whatsoever against the Released and Indemnified Parties arising in any manner out of the normal operation of the Airport as an airport, and waives any nuisance claim Lessee may have against another lessee or licensee of Airport property so long as the lessee or licensee is in full compliance with all applicable laws, as well as with its lease or license. Lessees within the scope of the foregoing waiver are intended beneficiaries of the waiver.

Section 5.5 Hazardous Substances.
(a) Notice of Releases. Pursuant to Health and Safety Code Section 25359.7, Lessee will notify Lessor in writing within a reasonable time after Lessee obtains knowledge of any material release of hazardous substances and of any hazardous substances that have come to be located beneath the Airport.

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(b) Removal of Hazards. Prior to the expiration of this Lease, Lessee will, at its sole expense, remove all items of personal property from the Premises, including but not limited to all flammable substances and hazardous materials and wastes (as defined by state and federal law) at the time of expiration of this Lease to the extent released or deposited by Lessee and to the extent the presence of which violates applicable Law. Lessee will have no liability or responsibility for removal of flammable substances or hazardous materials and wastes migrating to beneath the Leased Premises or existing prior to the Effective Date. (c) Availability of Records. Lessee shall make available for inspection to the Lessor, all records relating to the maintenance, release, mitigation, cleanup and disposal of any hazardous substances on the Premises.
(d) Compliance with Applicable Laws. Lessee shall comply with all federal, state and local laws and regulations relating to hazardous materials and wastes it uses, stores, releases or discharges on the Premises during the term of this Lease, and shall timely comply with the orders of any governmental agencies relating thereto. Lessee will be responsible for meeting current storm water pollution prevention best management practices, as identified by Lessor in Lessor’s Storm Water Pollution Prevention Plan, as it may be amended from time to time. Such practices include, without limitation:
(1) Providing a labeled and stocked spill kit on site;
(2) Proper storage and labeling of hazardous substances or components of potentially hazardous substances;
(3) Providing personnel with appropriate routine spill response training; (4) Keeping repair, construction, and maintained appropriately covered from wet weather;
(5) Making appropriate use of drip pans, dry cleanup models, and spill and overflow protection; and
(6) Removing pollutants offsite as necessary or appropriate.

Lessee understands and agrees that failure to comply with such best practices may result in Lessee no longer being included by Lessor in Lessor’s participation in the general permit of the California State Water Resources Control Board concerning storm water discharges. (e) Indemnification. Without limiting Lessee's indemnification obligations in any manner under this Lease, Lessee agrees to hold harmless, indemnify, and defend the Released and Indemnified Parties for any liability to the extent caused by Lessee's breach of this Section.

Section 5.6 Survival.

Lessee's duties under this Article survive the termination of this Lease.

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ARTICLE 6. DEFAULT AND TERMINATION
Section 6.1 Termination for Nonpayment of Rent or Other Charges.

Lessee's failure to pay rent or any other charge due to Lessor under this Agreement within ten (10) days of the due date for such payment will constitute an Event of Default. Upon the occurrence of such Event of Default, Lessor will provide Lessee with written notice of the default. Unless the default is cured or waived within thirty (30) days of such notice, or unless the parties reach some other agreement in writing regarding payment of the amount due, the Lessor may take whatever action at law or in equity as may appear reasonably necessary to enforce performance or observance of any obligations, agreements, or covenants of the Lessee under this Lease, including without limitation, termination of this Lease. In the event of such default, the Lessor’s remedies shall be cumulative, and no remedy expressly provided for in this Lease, Article, or Section shall be deemed to exclude any other remedy allowed by law.

Section 6.2 Other Events of Default.

In the case of any Event of Default under this Lease other than as described in Section

6.1, Lessee will cure the default on thirty (30) days' written notice from Lessor; provided that if a cure cannot reasonably be accomplished within such time, Lessee will commence a cure within thirty (30) days, and will diligently pursue a cure as quickly as reasonably possible. If the default is not timely cured, the Lessor may take whatever action at law or in equity as may appear reasonably necessary to enforce performance or observance of any obligations, agreements, or covenants of the Lessee under this Lease, including without limitation, termination of this Lease. In the event of such default, the Lessor’s remedies shall be cumulative, and no remedy expressly provided for in this Section shall be deemed to exclude any other remedy allowed by law.

Section 6.3 Future Expansion.

Lessor may, upon nine (9) months' prior written notice, terminate this Lease in the event that it requires the Premises in connection with the future expansion or operation of the Airport.

Lessor will abate any rent due from Lessee accordingly, and will pay Lessee the fair market value of the Tenant Improvements and any Additional Improvements constructed with Lessor's permission, less the amount of the Tenant Improvements Allowance (if any).

Section 6.4 Force Majeure.
(a) Termination by Lessor. Lessor may terminate this Lease, on such notice as is reasonable under the circumstances, due to an act of God, war, civil unrest, terrorism, the action of another government agency, or for otherwise for good cause not reasonably within Lessor's control, that would prevent Lessee's use of the Premises as contemplated under this Lease, and that gives rise to a need to regain possession of the Premises. Lessor will abate any rent due from Lessee accordingly, and will pay Lessee the fair market value of the Tenant Improvements and any Additional Improvements constructed with Lessor's permission, less the amount of the Tenant Improvements Allowance (if any).

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(b) Termination by Lessee. If, due to an act of God, war, civil unrest, terrorism, the action of another government agency, or for otherwise for good cause not reasonably within Lessor's control, Lessee can no longer use the Premises as contemplated under this Lease, Lessee may, upon three (3) months' written notice, terminate this Lease. Lessor will abate Lessee's rent during such period of notice, and will refund any prepaid rent for the period following termination, but will otherwise have no liability for any damages to Lessee.

Section 6.5 Insolvency.

Insolvency by Lessee will constitute an Event of Default under this Lease. Insolvency includes any circumstance in which Lessee has, (i) made a general assignment for the benefit of creditors; (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by its creditors (provided that the filing of any involuntary petition in bankruptcy against Lessee will not constitute a breach of this lease unless and until there is an adjudication that Lessee is bankrupt); (iii) suffered the appointment of a receiver to take possession of all or substantially all of its assets; (iv) suffered the attachment or other judicial seizure of all or substantially all of its assets; (v) admitted in writing it inability to pay its debts as they come due; or (vi) made an offer of settlement, extension or composition to its creditors generally.

Section 6.6 Casualty.
(a) Lessor's Right to Restore. If the Premises are totally or partially damaged or destroyed by fire, earthquake or other casualty, Lessor will have the right but not the obligation, to restore the Premises by repair or rebuilding. Lessor will provide Lessee a written notice within thirty (30) says following the date of such damage stating whether Lessor has elected to terminate this Lease or to repair the Premises. If Lessor fails to provide such timely notice, Lessee may, upon ten (10) days' prior written notice, terminate this Lease. If Lessor provides such timely notice and elects to repair or rebuild, and thereafter is able to commence such restoration within ninety (90) days from the date of damage, and can demonstrate that the Premises can be restored within 180 days, this Lease shall remain in full force and effect. If Lessor is unable to restore the Leased Premises within this time, or if Lessor elects not to restore, then either party may terminate this Lease by giving the other written notice. Upon such election to terminate, the rent under this Lease will be due and payable only through the date of damage.

If this Lease is not terminated, the rent due and payable under this Lease will be abated or reduced to the extent that the damage interferes with Lessee's reasonable use of the Premises until such portion of the Premises is restored.
(b) Lessee's Right to Terminate. Notwithstanding the provisions of Subsection (a), if the Premises are so damaged as to materially and adversely affect Lessee's ability to conduct its normal business operations, as reasonably determined by Lessee, Lessee will have the right at its option to terminate the Lease upon written notice to Lessor given within thirty (30) days following the date of such damage, and rent under this Lease will be due and payable only through the date that such notice is given.
(c) No Obligation to Restore. If Lessor elects to repair and restore, Lessor will restore the Premises to substantially its condition to that prior to the occurrence or damage, provided that Lessor will not be obligated to repair or restore any alterations, additions, fixtures,

19 1378\19\2688697.1
equipment or improvements which have been installed by Lessee, whether or not Lessee has the right or obligation to remove the same or is required to leave the same on the Premises as of the expiration or earlier termination of this Lease, unless Lessee, in a manner satisfactory to Lessor, assures payment in full of all costs as may be incurred by Lessor in connection therewith. If there be any such alterations, fixtures, additions equipment or improvements installed by Lessee and Lessee does not assure or agree to assure payment of all cost of restoration or repair as aforesaid, Lessor will have the right to determine the manner in which the Premises will be restored so as to be substantially as the Premises existed prior to the damage occurring of this Lease, as if such alterations, additions, fixtures, equipment or improvements installed by Lessee had not then been made or installed.
(d) No Liability for Loss or Interruption of Business. In no event will Lessor be responsible for any loss or interruption to Lessee’s business caused by damage or destruction to the Premises or during the repair or reconstruction thereof regardless of the cause of damage or destruction or the extent of insurance coverage. The parties agree that the rights and obligation of the parties in the event of damage or destruction of the Premises will be governed by this Lease.

Section 6.7 Eminent Domain.

This Lease will terminate automatically if the entire Premises are acquired by eminent domain or sale in lieu of eminent domain. All compensation for the Premises will be payable to Lessor, except that Lessee will have the right to make a claim to the public agency acquiring the property for compensation for its Tenant Improvements and Additional Improvements, relocation expenses, and business losses, as allowed by law. If only a portion of the Premises is acquired by eminent domain or sale in lieu of eminent domain, Lessee may terminate this Lease on thirty (30) days prior written notice; provided that termination will be effective only after Lessee pays any rent, taxes, assessments, property related fees, or other charges due and owing to the date of the termination. Any compensation which would otherwise be payable to Lessee may be paid directly to any encumbrancer of Lessee's leasehold interest to the extent of such encumbrance.

Section 6.8 Remedies Cumulative.

Remedies provided under this Article for any Event of Default are cumulative with any other remedy that may be available to either party at law or in equity. For greater clarity, a termination resulting from future expansion (in compliance with Section 6.3), Force Majeure, casualty, or eminent domain will be deemed a no-fault termination, and not an Event of Default, and remedies therefor will be limited as provided in this Article.

Section 6.9 Lease Termination
At the expiration or early termination of this Lease, Lessee shall surrender the Premises to Lessor in the condition required by this Lease. Prior to surrender: (a) Lessee shall remove all Alterations and Tenant Improvements designated by Landlord to be removed and shall restore the Premises and the Building to the condition existing immediately prior to the installation of such Alterations and Tenant Improvements; (b) Lessee shall remove all personal property and trade fixtures from the Premises and all of its signs from the Building; and (c) Lessee shall repair

20 1378\19\2688697.1
all damage caused by the installation or removal of any such Alterations, Tenant Improvements, personal property, signage or trade fixtures. Lessee shall deliver the Premises to Lessor in “clean and in good condition,” subject to reasonable wear and tear (consistent with Lessee’s repair and maintenance obligations under this Lease) and damage by casualty that is not required to be repaired by Lessee pursuant to this Lease. Clean and good condition, for the purposes of this Lease shall include the following: the floor to be mop clean, windows cleaned inside and out, broken, cracked, or missing windows repaired or replaced; all light fixtures and bulbs in operating conditions; walls are clean and free of stains, holes or other markings on wall and floors as a result of business operations are repaired; all doors are in good mechanical operating condition, carpets are cleaned, roof leaks are repaired; fencing is in good condition; building shall be fumigated for pests or Lessee in-lieu of fumigating the building Lessee can demonstrate through receipts participation in regular pest control; and water fixtures and valves are leak free and operable. Electrical outlets and breaker boxes shall have appropriate covers/lids. Lessee shall be responsible for ensuring the building is surrendered to the City in a state of condition that does not present a safety hazard.

ARTICLE 7. MISCELLANEOUS PROVISIONS
Section 7.1 Notice.

Unless otherwise provided in this Lease, all notices required to be given under this Lease will be in writing and will be sent by (i) certified mail, postage prepaid, return receipt requested, (ii) express delivery or overnight courier service with a delivery receipt, (iii) personal delivery with a delivery receipt, or (iv) electronic mail with a copy delivered by one of the previous three methods, to the address of the parties shown as follows (or as either party may designate in writing):

If to Lessor: Airport Manager
Salinas Municipal Airport
30 Mortensen Avenue
Salinas, CA 93905
With a copy to:

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

If to Lessee: Michael Esslinger
Reach Air Medical Services
20A Mortensen Avenue
Salinas, CA 93905

With a copy to:

Global Medical Response
Attn: Legal

21 1378\19\2688697.1
1001 Boardwalk Springs Place, Ste. 250
O’Fallon, MO 63368

Notice will be deemed given upon delivery if personally delivered or five (5) days following deposit in the mail, if so deposited. Other methods of notice, including electronic mail, may be used to give notice if consented to in writing by the parties.

Section 7.2 Venue and Applicable Law.

This Lease will be governed, construed, and interpreted according to the laws of the State of California, and in any legal proceeding necessary to interpret or enforce this Lease or any part of it, the parties agree to submit to the jurisdiction of, and venue in, the courts of the State of California in the County of Monterey.

Section 7.3 Time.

Time is of the essence with respect to all obligations of the parties under this Lease.

Section 7.4 Third Party Beneficiaries.

This Lease is not intended to create, nor will it be in any way interpreted to create, any third party beneficiary rights, except as expressly and unequivocally provided herein. For greater clarity, the Released and Indemnified Parties are intended beneficiaries of those provisions making reference to the same.

Section 7.5 Integration; Amendment.

This Lease contains the entire understanding of the parties relating to the subject matter hereof, and supersedes other prior and contemporaneous oral and written agreements, understandings, and representations between the parties. No amendment to this Lease will be binding unless agreed to in a writing executed by both parties.

Section 7.6 Waiver.

No waiver of any provision of this Lease will constitute a continuing waiver of that provision or a waiver of any other provision. No waiver will be binding unless executed in writing by the party making the waiver.

Section 7.7 Interpretation.
(a) Neutral Interpretation. This Lease includes the contributions of both parties, each of which has had the opportunity to consult competent counsel, and the rule stated in Civil Code Section 1654 that an agreement be construed against its drafter will not apply to this this Lease.
(b) Severability. If any term or provision of this Lease is held by a court of jurisdiction to be invalid or unenforceable, the remaining terms of the Lease will be valid and enforceable except to the extent that the original intent of the parties would be frustrated thereby.

22 1378\19\2688697.1
(c) Headings. Headings contained in this Lease are for ease of reference only, and will not alter the meaning of any provision hereof. (d) Gender and Number. In this Lease, the masculine includes the feminine and neuter, and vice versa, and the singular includes the plural, and vice versa, as the context admits or requires.
(e) Parties' Intent. Any rule of construction notwithstanding, this Lease will be construed in the manner that best effectuates its purposes, to the fullest extent permitted under law.

Section 7.8 Attorneys' Fees and Costs.

Attorneys' fees and costs will be available pursuant to Civil Code Section 1717 in any action between the parties arising out of this Lease. Attorney’s fees for in-house City Attorney staff, if awarded, shall be calculated at the market rate for civil litigation attorneys in the County of Monterey.

Section 7.9 Heirs, Successors, and Assigns.

This Lease, subject to the provisions as to assignment, transfer, and subleases, applies to bind the permitted representatives, heirs, executors, administrators, executors, and assigns of both parties.

Section 7.10 Conflicts of Interest.

To Lessee’s knowledge, no one affiliated with it having a prohibited conflict of interest pursuant to Government Code Section 1090 or the Political Reform Act (Government Code Section 87100, et seq.) has participated in the making of this Lease, and Lessee shall advise Lessor should it obtain knowledge of facts giving rise to such a conflict.

Section 7.11 Relationship Between the Parties.

Section 7.12 The parties to this Lease are independent contractors and no agency, joint venture, partnership, employee, co-employer, or similar relationship exists between them; accordingly, no party has the authority to bind the other. Brokers.

Each party represents that it has not dealt with any broker, agent, or other intermediary who is or may be entitled to be paid a commission or finder's fee in connection with this Lease.

Section 7.13 Multiple Originals.

This Lease may be executed in counterparts, each of which will be deemed an original.

Section 7.14 Signatures.

Each person executing this Lease represents and warrants that he or she is fully authorized to bind his or her respective party hereto.

23 1378\19\2688697.1
[Signatures on Following Page]

24 1378\19\2688697.1
IN WITNESS WHEREOF, the parties have executed this Lease effective as of the Effective Date.

CITY OF SALINAS,
a California charter city and municipal
corporation

By: _____________________________

Name: Kimbley Craig
Title: Mayor

RECOMMENDED FOR APPROVAL

By: _____________________________

Name: Brett J. Godown, C.M., C.A.E.

Title: Airport Manager

APPROVED AS TO FORM

By: _____________________________

Name: Christopher A. Callihan or Rhonda
Combs
Title: City Attorney or Assistant City
Attorney

ATTEST

By: _____________________________

Name: Patricia M. Barajas
Title: City Clerk

REACH AIR MEDICAL SERVICES, LLC,
a California Limited Liability Company

By: _____________________________

Name:

Title:

A-1
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EXHIBIT A
Legal Description of the Premises

Reserved

B-1
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EXHIBIT B
Depiction of the Premises

B-2
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R & B HELICOPTERES
5,550 sq'
Warehouse + Office
OFFICE #1
210 sq'
OFFICE #2
210 sq'
OFFICE #3
210 sq'

SEAN TUCKER - AVIATION SPECIALTIES
5,524 sq'
Warehouse + Office

SEAN TUCKER'S
OFFICE
BATH
ROOM #1
BATH
ROOM #2
Utility Closet

SHOP SPACE
420 sq'

R&B HELICOPTERS
OFFICE
306 sq'

R&B HELICOPTERS

STORAGE AERA
516' sq'
CalStar
Space A
3,448 sq'
OFFICE #1
153' sq'
OFFICE #102
153 sq'
CalStar
Space C
312 sq'

WILBER ELLIS
Space B
235 sq'

15.3'

15.16'
10'

19.58'

92.5'
10'

14.92'

19.5'
20'
60'
13'

18.08'

47.25'

66.5'

23.5'
60'

89.5'
24'

14.83'
41'
20'

14.58'

43.16'
69'

14.33'
45'
13'
45'
12'

15.16'
21'

26.33'

92.5'

WILBER ELLIS
Space D
1,297'
Lobby (Common) Area
800 sq'
Total Building Common Area
1,400 sq'

240 Mortensen Ave Building Exhibit

C-1
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EXHIBIT C
Permitted Uses of the Premises

1. Operation of aerial medical transport service.

2. Crew Quarters for medical transport services.

3. Operation of offices for associates business purposes.

4. Short and long term parking of aerial transport service aircraft.

D-1
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EXHIBIT D
Description of the Lessee Improvements
Reserved

E-1
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EXHIBIT E
Insurance Requirements
A. 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 $1,000,000.00 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. Lessee shall maintain fire legal liability insurance on the leased property with extended coverage a nd debris-cleanup provisions in an amount not less than $1,000,000.00, and in any event that covers at least ninety percent (90%) of the actual cash value of all Improvements, Additional Improvements, and betterments in or on the Premises. Products and completed operations coverage is not required provided that Lessee remains a holding company and does not engage in manufacturing or providing other services. Lessee is required to maintain employment practices coverage if it has or acquires any employees.

2. Workers’ Compensation: Workers’ Compensation insurance, if applicable due to Lessee having or acquiring employees, as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 .00 per incident for bodily injury or disease.

3. Personal Property: Property insurance against all risk of loss to any Lessee -owned or controlled property, including, without limitation, personal property at full replacement cost with no coinsurance penalty provision and naming City of Salinas as a loss payee for the Improvements, Additional Improvements, and betterments. Any fire legal liability coverage maintained shall also name the City of Salinas as additional insured or as loss payee.

4. Automobile Liability: Insurance for any Lessee -owned or hired automobiles, and non-owned automobiles, with $1,000,000 .00 each occurrence for bodily injury and property damage. (This is required if Lessee is permitted to drive vehicles on any airport airside locations.)

5. Hangar-Keepers Liability: This is required, if the owner has any aircraft of others in their care, custody, and/or control (such as storing a friend’s aircraft, managing a client’s aircraft, or etc.) $1,000,000.00 each occurrence.

B. Other Insurance Provisions:

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

E-2
1378\19\2688697.1

(1) Additional Insured Endorsement - The liability policies shall include the City of Salinas, its elected and appointed officials, officers, employees, r epresentatives, volunteers, and agents (hereinafter collectively the “City”) as Additionally Insured via endorsement.

(2) Waiver of Subrogation Endorsement - Lessee hereby grants to City of Salinas a waiver of subrogation which any insurer may acquire against City of Salinas, its officers, officials, employees, and volunteers, from Lessee by virtue of the payment of any loss.

Lessee 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 of Salinas 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 Lessee, its employees, agents, and subcontractors

(3) Primary and Non -contributing Coverage - All required insurance policies and all renewals thereof shall be primary and non-contributing; the required insurance policy shall be primary over any other insurance, dedu ctible, or self-insurance maintained by the City and non-contributory with respect to the City.

(4) Cancellation - Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

(5) Broader Coverage/Higher Limits - If the Lessee or Permit Holder maintains broader coverage and/or higher limits than the minimums shown above, the Lessee or Permit Holder requires and shall be entitled to the broader coverage and/or higher limits maintained by the Lessee or Permit Holder. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

(6) 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.

(7) Verification of Coverage – Lessee or Permit H older 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 Pages of the liability policies 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 Permit Holder’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.

E-3
1378\19\2688697.1
(8) Special Risk or Circumstances - City reserves the right to modify the se requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

(9) Self-Insured Retentions - Self-insured retentions must be declared to and approved by the City of Salinas. At the option of the City, the Lessee shall provide coverage to reduce or eliminate such self -insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Lessee shall provide evidence 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 of Salinas.

(10) Sublessees, Contractors, and Subcontractors - Lessee shall require all sublessees, contractors, and subcontractors who perform work on the Premises to maintain general liability insurance in an amount of no less than $1 million combined single limit per occurrence which complies with all of the provisions in this Insurance section above, including providing an additional insured endorsement in favor of the City, and Lessee shall provide City with copies of such insurance certificates and endorsements at the initiation of any sublease between Lessee and a sublessee as well as upon request by the City.

Furthermore, before commencing or allowing commencement of any work of imp rovement, Lessee shall ensure that all of its employees and/or all employees of any sublessees, contractors and subcontractors, are covered by workers’ compensation insurance.

F-1
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EXHIBIT F
Rental Schedule
Year

Monthly
Rent
Annual
Rent
1 $4,250.00 $51,000.00
2 $4,377.50 $52,530.00
3 $4,508.83 $54,105.90
4 $4,644.09 $55,729.08
5 $4,783.41 $57,400.95
6 $4,926.91 $59,122.98
7 $5,074.72 $60,896.67
8 $5,226.96 $62,723.57
9 $5,383.77 $64,605.27
10 $5,545.29 $66,543.43
11 $5,711.64 $68,539.74
12 $5,882.99 $70,595.93

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-543, Version: 1
The David and Lucile Packard Foundation Fund of the Community Foundation for Monterey County Thriving Youth Strategy
Approve a Resolution accepting the David and Lucile Packard Foundation Fund of the Community Foundation of Monterey County grant award in the amount of $38,000 and authorize execution of all related grant acceptance documents; and the establishment of an increase of the Learning Center fund appropriation of $38,000.

City of Salinas Printed on 9/7/2023Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 12, 2023
DEPARTMENT: LIBRARY & COMMUNITY SERVICES DEPARTMENT
FROM: KRISTAN LUNDQUIST, LCS DIRECTOR
BY: FRANCIS HEBERT, INTERIM DEPUTY LIBRARIAN
TITLE: THE DAVID AND LUCILE PACKARD FOUNDATION FUND OF

THE COMMUNITY FOUNDATION FOR MONTEREY COUNTY

THRIVING YOUTH STRATEGY

RECOMMENDED MOTION:

A motion to approve a resolution to accept the David and Lucile Packard Foundation Fund of the Community Foundation of Monterey County grant award in the amount of $38,000 and authorize execution of all related grant acceptance documents; and the establishment of an increase of the Learning Center fund (3453.70.7330) appropriation of $38,000 and corresponding revenue budget with no matching funds required.

RECOMMENDATION:

It is recommended that the City Council accept the David and Lucile Packard Foundation Fund of the Community Foundation of Monterey County grant award of $38,000 in support of the Thriving Youth Strategy; and establish an increase of the Learning Center fund appropriation of $38,000 and corresponding revenue budget with no matching funds required.

BACKGROUND:

In 2013, the Salinas Public Library was invited by the David and Lucile Packard Foundation to participate in the Packard Salinas Youth Initiative. The goal of the Salinas Youth Initiative, now called the Thriving Youth Strategy, is to increase collaborative commun ity investment in the education of Salinas students. The Salinas Public Library applied for and received funding in the amount of $155,300 over a three -year period from 2013 – 2016 to implement an afterschool homework center at Los Padres Elementary School.

The David and Lucile Packard Foundation subsequently decided to provide additional funding to its participating agencies, including the Salinas Public Library, in the amount of $61,000 per year for an additional 3-years of funding starting in FY 2016-17 and ending in FY 2018-19. With these funds, the Library expanded its services and provided afterschool academic support at four sites including Sherwood Elementary, Los Padres Elementary, Roosevelt Elementary and Cesar Chavez

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Library. Last year, the Salinas Public Library received an award of $38,000 for fiscal year 2022- 2023 which was used for program implementation and support.

On June 2, 2023, the Salinas Public Library received an award of $ 38,000 from the David and Lucile Packard Foundation Fund of the Community Foundation for Monterey County , representing the nineth year of consecutive funding and support from this Foundation. This grant will allow the Library to continue to staff after school learning centers at three Salinas City Elementary Schools with part -time non -benefitted positions, as well help augment staffing for homework help at the library.

For the upcoming school year, we anticipate opening all four sites while serving up to 120 students.

The majority of the students impacted by this program are school-based referrals by teachers and administrators.

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).

STRATEGIC PLAN INITIATIVE:

The grant will support the City Council 2022-2025 Strategic Plan:
 Youth and Seniors

DEPARTMENTAL COORDINATION:

The Library & Community Services Department will work with the Finance Department to receive funds, establish expenditure accounts, and prepare final budget reports required at the end of the grant period.

FISCAL AND SUSTAINABILITY IMPACT:

There is no impact to the City ’s General Fund Budget. No additional Measure E funding will be required beyond that already allocated to the Library ’s annual budget. No matching funds are required.

ATTACHMENTS:

 David and Lucile Packard Foundation Fund of the Community Foundation for Monterey County grant award letter dated June 2, 2023
 Council Resolution

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

A RESOLUTION TO ACCEPT THE DAVID AND LUCILLE PACKARD FOUNDATION FUND

OF THE COMMUNITY FOUNDATION OF MONTEREY COUNTY GRANT IN THE AMOUNT OF $38,000 IN SUPPORT OF THE THRIVING YOUTH STRATEGY AND AUTHORIZE

RECEIPT OF FUNDS

WHEREAS, the David and Lucile Packard Foundation Fund of the Community Foundation of Monterey County granted funding in support of the Thriving Youth Strategy in the amount of $38,000, in support of the Learning Center program for Salinas Public Library; and WHEREAS, this grant will continue the establishment of the learning center and homework center program at the library and select schools to provide student supports; and WHEREAS, the Library and Community Services Director or their designee is hereby authorized to take whatever additional action may be necessary to effectuate the intent of this Resolution NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorize s this funding in the amount of $38,000 from the David and Lucile Packard Foundation Fund of the Community Foundation of Monterey County in support of the Thriving Youth Strategy ; and establish an increase of the Learning Center fund appropriation of $38,000 and corresponding revenue budget with no matching funds required.

PASSED AND APPROVED this 12th day of September, 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#23-544, Version: 1
California Library Literacy Services ESL Literacy Grant Award Approve a Resolution accepting the California Library Literacy Services (CLLS) grant award in the amount of $47,385 in support of ESL Adult Literacy and authorize execution of all grant acceptance documents with the California State Library.

City of Salinas Printed on 9/7/2023Page 1 of 1
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DATE: SEPTEMBER 12, 2023
DEPARTMENT: LIBRARY & COMMUNITY SERVICES DEPARTMENT FROM: KRISTAN LUNDQUIST, LCS DIRECTOR BY: FRANCIS HEBERT, INTERIM DEPUTY LIBRARIAN TITLE: CALIFORNIA LIBRARY LITERACY SERVICES ESL

LITERACY GRANT AWARD

RECOMMENDED MOTION:

A motion to approve a Resolution accepting the California Library Literacy Services (CLLS) grant awards in the amount of $47,385 in support of ESL Adult Literacy and authorize execution of all grant acceptance documents with the California State Library.

RECOMMENDATION:

It is recommended that the City Council approve a Resolution accepting the California Library Literacy Services grant award of $47,385 for the continuation of the library’s adult and family literacy programs.

BACKGROUND:

On August 28, 2023, the Salinas Public Library’s Literacy Services was notified by the California State Library Literacy Services (CLLS) of approval for an award of $ 47,385 to establish an ESL adult literacy program . These funds will support programming for adults with l imited-English- speaking literacy skills and will be provided primarily to adults enrolled in the library’s Adult and Family Literacy programs.

The grant will enable the library to establish an ESL adult literacy program, to employ temporary part-time staff to work in adult ESL literacy program, acquire books, supplies and learning materials that enhance our adult education program, and increase our capacity to provide high - quality adult ESL services, including but not limited to expanding the Citizenship language- support group, establishing introductory ESL instruction and support, and assisting ESL learners to transition to the English language-based adult literacy programs and services. Library staff are prepared to offer both in-person and/or virtual instruction.

The California Library Literacy Services is providing funding as part of a five-year ESL initiative, of which this funding is for the third year of the initiative. Funding is based on projected need and programming plans, and anticipated local funds raised and expended for adult literacy services, reflecting a commitment to state/local partnerships in support of literacy services. Participation in this year makes the Salinas Public Library’s Literacy Serv ices eligible to receive funding for the two remaining years of the initiative.

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).

STRATEGIC PLAN INITIATIVE:

The grant will support the City Council 2022-2025 Goals:
 Effective and Culturally Responsive Government
 Youth and Seniors

DEPARTMENTAL COORDINATION:

FISCAL AND SUSTAINABILITY IMPACT:

There is no impact to the City’s General Fund Budget. No additional Measure E funding will be required beyond that already allocated to the Library’s annual budget. No matching funds are required.

ATTACHMENTS:

 Award Letter, California Library Literacy Services dated August 28, 2023  Council Resolution
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
12 July 2023
Kristan Lundquist
Salinas Public Library
350 Lincoln Avenue
Salinas, CA 93901
Dear Ms. Kristan Lundquist,
We’re pleased to provide funds to support your English as a Second Language program and the important work that you, your staff, and your volunteers d o for
your community
through the California Library Literacy Services program.

In 2021-2022, the state budget included one-time California Library Literacy Services funding at $15 million for English as Second Language Services. These funds will be allocated over a five-year period. This award letter covers Year 3 of funding between July 1, 2023, and June 30, 2024.

Your total award for the 2023-2024 fiscal year beginning July 1, 2023, is:
• Total Award: $47,385
Your funds must be fully expended by June 30, 2024, in accordance with your approved budget on file with the State Library. The budget listed in your award packet indicates your original grant request. Your library may have to submit a new budget for review and approval to reflect your 2023-2024 English as a Second Language Services award.

To ensure that program expenditures are consistent with the California Library Literacy Services allowable expenses, please review the California Library Literacy Services Allowable and Unallowable Expenses
guidelines. If you have
any questions about expenses or expending your award funds, please contact Allyson Jeffredo at [email protected].

We strongly encourage
your program staff to develop and maintain community
partners to strengthen your program, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium, and participate in library literacy training opportunities offered by the regional networks and the State Library to meet the
CLLS Mission, Values, and Program
DocuSign Envelope ID: 7DB0C899-EA1D-43CE-96C4-1DB6EB857F9D In Process

Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
Essentials. Additional California Library Literacy Services resources can also be found on the California Library Literacy Services webpage.

The payment process begins when we receive your completed and signed budget modification form (if needed), claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance (attached).

All forms should be completed and signed through DocuSign to be processed for payment.

Our library literacy staff is available to assist you throughout the year. Please contact your Advisor Beverly Schwartzberg,
[email protected], and your Grant Monitor Allyson Jeffredo, [email protected], with any questions.

Thank you for your willingness to do so much for those in your community. Best wishes for a successful year.

Respectfully yours,
Greg Lucas
California State Librarian
Cc: Beverly Schwartzberg, [email protected] Allyson Jeffredo, [email protected]
Fiscal Office, [email protected]
Cathy Andrews, [email protected]
Enc: Re: ESL21-3-59: Claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance
DocuSign Envelope ID: 7DB0C899-EA1D-43CE-96C4-1DB6EB857F9D 7/13/2023
In Process
Salinas Public Library

THE BASICS – YOUR GRANT AWARD
The following provides basic information about your grant and managing your grant.

Award #: ESL21-3-59
Library: Salinas Public Library
Total Award Amount: $47,385

ESL GRANT REQUEST
Salary and Benefits $32,000
Contract Staff $0
Operations $7,000
Library Literacy Materials $10,000
Small Equipment $12,000
Equipment ($5,000 or more per
unit) $0
Subtotal $61,000
Indirect $0
Award Difference to be Adjusted
(included in grant total below) -$13,615
Grant Total $47,385

Start Date: Upon execution
End Date: June 30, 2024
Please understand that it can take between eight to ten weeks following the receipt of an error free claim form before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.

CONTACT
We want your project to be successful. Please work with the program staff listed below to implement your project:

Literacy Analyst: Allyson Jeffredo
Phone Number: (916) 603-6709
Email Address: [email protected]
Library Programs Consultant: Beverly Schwartzberg
Phone Number: (916) 701-6880
Email Address: [email protected]
DocuSign Envelope ID: 7DB0C899-EA1D-43CE-96C4-1DB6EB857F9D In Process
Salinas Public Library

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that the claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

The claims the indicated allowance for the purposes of carrying out the functions stated in its CLLS applic ation and in Sections 18880-18883 of the California Education Code.
350 Lincoln Avenue, Salinas, CA 93901

S I G N E D D A T E

Signature - Authorized representative

Typed/Printed Name and Title of Authorized Representative

Email address of authorized representative

DocuSign Envelope ID: 7DB0C899-EA1D-43CE-96C4-1DB6EB857F9D [email protected]
Kristan Lundquist
In Process
Salinas Public Library

PROJECT INFORMATION:

Invoice #: ESL21-3-59
Project Title: English as a Second Language Services
Grantee: Salinas Public Library
Funding Start Date: Upon execution
Term Completion: June 30, 2024
DocuSign Envelope ID: 7DB0C899-EA1D-43CE-96C4-1DB6EB857F9D In Process
Salinas Public Library

Total Award: $47,385
PAYMENT SCHEDULE:

Libraries receive 100% of their 2023-2024 English as a Second Language Services award upon receipt of the award letter.

Note: Libraries have 18 months to spend their 2023-2024 English as a Second Language Services award funds, from July 1, 2023, in which the funds are awarded until December 31, 2024.

English as a Second
Language Service Award
Final Payment $47,385
Total $47,385

REPORTING:

For the 2023-2024 program period, libraries w ill be required to submit a mid-year report and final report. Reminder emails will be sent out beginning six weeks before the required reports are due.

All required reporting materials will be located on the California State Library’s website. The reporting schedule is detailed below.

Mid-Year Report Due January 31, 2024
Final Report Due September 30, 2024

Note: A budget modification form will be required for all budget changes regardless of amount. Modification forms may be submitted throughout the year but no later than May 31st.

DocuSign Envelope ID: 7DB0C899-EA1D-43CE-96C4-1DB6EB857F9D In Process

STATE FUNDED GRANTS

AWARD AGREEMENT AND

CERTIFICATE OF COMPLIANCE
DocuSign Envelope ID: 7DB0C899-EA1D-43CE-96C4-1DB6EB857F9D In Process
Salinas Public Library
English as a Second Language Services
2023-2024 ESL21-3-59

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Salinas City CouncilSeptember 12, 2023

Salinas City Council
September 12, 2023