Salinas City Council
September 26, 2023

April 8, 2022
Shin Tu
Precision Civil Engineering
Via Email to: [email protected]
Re: Native American Consultation, Pursuant to Senate Bill 18 (SB18), Government Codes §65352.3 and §65352.4, as well as Assembly Bill 52 (AB52), Public Resources Codes §21080.1, §21080.3.1 and §21080.3.2, Alisal Marketplace Rezone Project, Monterey County Dear Shin Tu:

Attached is a consultation list of tribes with traditional lands or cultural places located within the boundaries of the above referenced counties or projects.

Government Codes §65352.3 and §65352.4 require local governments to consult with California Native American tribes identified by the Native American Heritage Commission (NAHC) for the purpose of avoiding, protecting, and/or mitigating impacts to cultural places when creating or amending General Plans, Specific Plans and Community Plans.

Public Resources Codes §21080.3.1 and §21080.3.2 requires public agencies to consult with California Native American tribes identified by the Native American Heritage Commission (NAHC) for the purpose of avoiding, protecting, and/or mitigating impacts to tribal cultural resources as defined, for California Environmental Quality Act (CEQA) projects.

The law does not preclude local governments and agencies from initiating consultation with the tribes that are culturally and traditionally affiliated within your jurisdiction. The NAHC believes that this is the best practice to ensure that tribes are consulted commensurate with the intent of the law.

Best practice for the AB52 process and in accordance with Public Resources Code §21080.3.1(d), is to do the following:

Within 14 days of determining that an application for a project is complete or a decision by a public agency to undertake a project, the lead agency shall provide formal notification to the designated contact of, or a tribal representative of, traditionally and culturally affiliated California Native American tribes that have requested notice, which shall be accomplished by means of at least one written notification that includes a brief description of the proposed project and its location, the lead agency contact information, and a notification that the California Native American tribe has 30 days to request consultation pursuant to this section.

The NAHC also recommends, but does not require that lead agencies include in their notification letters, information regarding any cultural resources assessment that has been completed on the area of potential affect (APE), such as:

CHAIRPERSON
Laura Miranda
Luiseño

VICE CHAIRPERSON
Reginald Pagaling
Chumash

PARLIAMENTARIAN
Russell Attebery
Karuk

SECRETARY
Sara Dutschke
Miwok

COMMISSIONER
William Mungary
Paiute/White Mountain
Apache

COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan

COMMISSIONER
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki

COMMISSIONER
Wayne Nelson
Luiseño

COMMISSIONER
Stanley Rodriguez
Kumeyaay

EXECUTIVE SECRETARY
Raymond C.

Hitchcock
Miwok/Nisenan

NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov

1. The results of any record search that may have been conducted at an Information Center of the California Historical Resources Information System (CHRIS), including, but not limited to:
• A listing of any and all known cultural resources have already been recorded on or adjacent to the APE, such as known archaeological sites;
• Copies of any and all cultural resource records and study reports that may have been provided by the Information Center as part of the records search response; • Whether the records search indicates a low, moderate or high probability that unrecorded cultural resources are located in the APE; and
• If a survey is recommended by the Information Center to determine whether previously unrecorded cultural resources are present.

2. The results of any archaeological inventory survey that was conducted, including:
• Any report that may contain site forms, site significance, and suggested mitigation measures.

All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for public disclosure in accordance with Government Code Section 6254.10.

3. The result of the Sacred Lands File (SFL) check conducted through the Native American Heritage Commission was positive. Please contact the tribes on the attached list for more information.

4. Any ethnographic studies conducted for any area including all or part of the potential APE; and

5. Any geotechnical reports regarding all or part of the potential APE.

Lead agencies should be aware that records maintained by the NAHC and CHRIS is not exhaustive, and a negative response to these searches does not preclude the existence of a tribal cultural resource. A tribe may be the only source of information regarding the existence of a tribal cultural resource.

This information will aid tribes in determining whether to request formal consultation. In the event, that they do, having the information beforehand well help to facilitate the consultation process.

If you receive notification of change of addresses and phone numbers from tribes, please notify the NAHC. With your assistance we can assure that our consultation list remains current.

If you have any questions, please contact me at my email address:

[email protected].

Sincerely, t
Cody Campagne
Cultural Resources Analyst
Attachment
CITY OF SALINAS – General Plan Amendment & Rezone: Alisal Marketplace | 171

7.5 Appendix E: Noise Assessment
Prepared by WJV Acoustics, Inc., on February 25, 2023.

ENVIRONMENTAL NOISE ASSESSMENT
MIXED‐USE GENERAL PLAN AMENDMENT & REZONE PROJECT
SALINAS, CALIFORNIA
WJVA Project No. 22-64
PREPARED FOR
PRECISION ENGINEERING
1234 O Street
Fresno, California 93721
PREPARED BY
WJV ACOUSTICS, INC.

VISALIA, CALIFORNIA
FEBRUARY 25, 2023
113 N. Church Street, Suite 203 ∙ Visalia, CA 93291∙ (559) 627-4923

5. ■ ••
••••••
•••••• =====· •• • •
wjv acoustics
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  2

INTRODUCTION
The  Mixed‐Use  General  Plan  Amendment  and  Rezone  Project  (“Project”)  pertains  to  five  (5) separate sites within the City of Salinas, Monterey County, California and proposes to change the designated land use and zoning of the sites from their current base designations and districts to “Mixed Use” and MX – Mixed Use, respectively. This acoustical analysis analyzes the potential impacts that could result  from the proposed designated land uses and zoning changes  for the sites and provides the results of an ambient noise survey in the project areas.

The proposed designated land use and zoning changes pertain to five individual sites. In most cases each site is comprised of multiple parcels. Figure 1 through Figure 5 provide graphics of the five project site areas. A brief description of each of the five sites are provided below:
 Alisal  Marketplace:  The  proposed  project  is  generally  located  adjacent  to  East  Alisal Street, between Front Street and Griffin Street. The Project site consists of 18 parcels that total approximately 12.1 acres. The project site is currently zoned CR (Commercial Retail) and IGC (Industrial General Commercial).
 Edge of Downtown: The proposed project is generally located north and south to John Street  between  Front  Street  and  Abbott  Street.  The  Project  site  consists  of  eight  (8) parcels  that  total  approximately  3.7  acres.  The  project  site  is  currently  zoned  CR (Commercial Retail).
 Foods Co Shopping Center: The proposed project is generally located south of East Alisal Street between South Sanborn Road and John Street. The Project site consists of eight (8) parcels  that  total  approximately  13.5  acres.  The  project  site  is  currently  zoned  CR (Commercial Retail).
 Laurel West Shopping Center: The proposed project is generally located east of North David Road between West Laurel Drive/Calle Del Adobe and Larkin Street at 1040 North Davis  Road,  Salinas,  CA  93907.  The  Project  site  consists  of  six  (6)  parcels  that  total approximately 16.2 acres. The project site is currently zoned CR (Commercial Retail).  Sears/Northridge  Mall:  The  proposed  project  is  generally  located  on  the  northwest corner  of North Main  Street  and Madrid  Street  at  1700 N Main  St,  Salinas,  CA  93906 (“Large  Shopping  Centers/Sears.  The  Project  site  consists  of  one  (1)  parcel  that  totals approximately 10.2 acres. The project site is currently zoned CR (Commercial Retail).

This environmental noise assessment has been prepared to determine if significant noise impacts will  be  produced  by  the  project  and  to  describe  mitigation  measures  for  noise  if  significant impacts are determined. The environmental noise assessment, prepared by WJV Acoustics, Inc. (WJVA), is based upon  the project information  (including project  traffic volumes) provided by Precision Engineering, Inc. Revisions  to  the project  traffic information or other project‐related information available to WJVA at the time the analysis was prepared may require a reevaluation of the findings and/or recommendations of the report.
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  3 Specifically, this environmental noise assessment addresses the potential changes in traffic noise exposure  to  existing  sensitive  receptor  locations,  that  would  likely  occur  as  a  result  of  the proposed project. The analysis also discusses noise sources and noise levels typical of single‐ and multi‐family  residential  and  mixed‐use  residential  developments  as  well  as  a  discussion  of potential noise impacts to proposed residential land uses within the mixed‐use zoning areas.

Appendix  A  provides  definitions  of  the  acoustical  terminology  used  in  this  report.  Unless otherwise stated, all sound levels reported in this analysis are A‐weighted sound pressure levels in decibels (dB).  A‐weighting de‐emphasizes the very low and very high frequencies of sound in a manner similar to the human ear. Most community noise standards utilize A‐weighted sound levels,  as  they  correlate  well  with  public  reaction  to  noise.  Appendix  B  provides examples  of sound levels for reference.

In  terms  of  human  perception,  a  5  dB  increase  or  decrease  is  considered  to  be  a  noticeable change in noise levels.  Additionally, a 10 dB increase or decrease is perceived by the human ear as half as loud or twice as loud. In terms of perception, generally speaking the human ear cannot perceive an increase (or decrease) in noise levels less than 3 dB. 22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  4

NOISE EXPOSURE CRITERIA
The  CEQA  Guidelines  apply  the  following  questions  for  the  assessment  of  significant  noise impacts for a project:
a. Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
b. Would  the  project  result  in  generation  of  excessive  groundborne  vibration  or groundborne noise levels?
c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where  such a plan has not been adopted, within  two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
City of Salinas
General Plan
The Noise Element of the City of Salinas General Plan (adopted September 2002) establishes land use compatibility criteria in  terms of  the Day‐Night Average Level  (Ldn/DNL)  for  transportation noise sources. The Ldn is the time‐weighted energy average noise level for a 24‐hour day, with a 10 dB penalty added  to noise levels occurring during  the nighttime hours  (10:00 p.m.  to 7:00 a.m.). The Ldn represents cumulative exposure to noise over an extended period of time and is therefore calculated based upon annual average conditions.

The General Plan Noise Element states “To ensure that noise producers do not adversely affect sensitive  receptors,  the City  uses land  use  compatibility  standards when  planning  and making development decisions. Table N‐2 summarizes the City noise standards for various types of land uses. The standards represent the maximum acceptable noise level as measured at the property boundary,  which  is  used  to  determine  noise  impacts.”  Table  N‐2  of  the  General  Plan  Noise Element is presented below as Table I
Table 1
Exterior Noise Standards
Designation/District of Property
Receiving Noise
Maximum Noise Level,
Ldn or CNEL, dBA
Agricultural 70
Residential 60
Commercial 65
Industrial 70
Public and Semipublic 60
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  5 While not explicitly stated in the General Plan, exterior noise standards are typically applied at outdoor activity areas of residential (and otherwise sensitive) land uses. Outdoor activity areas generally  include  backyards  of  single‐family  residences  and  individual  patios  or  decks  and common outdoor activity areas of multi‐family developments. The intent of the exterior noise level  requirement  is  to  provide  an  acceptable  noise  environment  for  outdoor  activities  and recreation.

The  General  Plan  Noise  Element  further  states  “These  noise  standards  are  the  basis  for development of the land use compatibility guidelines presented in Table N‐3. If the noise level of a  project  falls  within  Zone  A  or  Zone  B,  the  project  is  considered  compatible  with  the  noise environment.  Zone  A  implies  that  no  mitigation  will  be  needed.  Zone  B  implies  that  minor mitigation  may  be  required  to  meet  the  City's  and  Title  24  noise  standards.  All  development project  proponents  are  required  to  demonstrate  that  the  noise  standards will  be met  prior  to human occupation of a building.

If  the noise level  falls within Zone C,  substantial mitigation is likely needed  to meet City noise standards.  Substantial  mitigation  may  involve  construction  of  noise  barriers  and  substantial building  sound  insulation.  Projects  in  Zone  C  can  be  successfully  mitigated;  however,  project proponents with a project in Zone C must demonstrate that the noise standards can be met prior to issuance of a building permit.

If noise levels fall outside of Zones A, B and C, projects are considered clearly incompatible with the noise environment and should not be approved.” Table N‐3 of the General Plan Noise Element is presented below as Table II.
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  6 Table II
Land Use
Residential
Transient Lodging - Motel,
Hotel
Schools, Libraries, Churches,
Hospitals, Nursing Homes
Auditoriums, Concert Hal.ls,
Am hitheaters
Sports Arena, Outdoor
S ectator S orts
Playgrounds, Parks
Golf Course, Riding Stables,
Water Recreation, Cemeteries
Office Buildings, Business
Commercial, and Professional
Industrial, Manufacturing,
Utilities, Agriculture
Noise/Land Use Compatibility Matrix
Community Noise Exposure
(Ldn or CNEL)
65 70
Source: Modified by CBA from 1998 State of California General Plan Guidelines. 80 -
ZONE A . Normally Acceptable: Specified land use is satisfactory, based upon the assumption that any buildings involved meet conventional Title 24 construction standards. No special noise insulation requirements. -
ZONE B • Conditionally Acceptable: New construction or development shall be undertaken only after a detailed noise analysis is made and noise reduction measures are identified and included in the project design. . -
-
Zone C- Normally Unacceptable: New construction or development is discouraged. If new construction is proposed, a detailed analysis is required, noise reduction measures must be identified, and noise insulation features included in the design.

ZONE D- Clearly Unacceptable: New construction or development clearly should not be undertaken. 85 22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  7 The City of Salinas General Plan also provides an interior noise standard of 45 dB CNEL/Ldn. The interior standard is to ensure interior noise levels attributable to exterior sources not exceed 45 dB CNEL (or Ldn) within residential land uses. This is consistent with Title 24 of the California Code of Regulations for residential construction and consistent with U.S. Department of Housing and Urban  Development  (HUD).  The  intent  of  the  interior  noise  level  guideline  is  to  provide  an acceptable noise environment for indoor communication and sleep.

Additionally,  Section  1207.4  of  the  California  Building  Code  states  “Interior  noise  levels attributable to exterior sources should not exceed 45 dB in any inhabitable room. The noise metric shall be the day‐night average sound level (Ldn) or the community noise equivalent level (CNEL), consistent with the noise level of the local general plan.” The section of the California Building Code applies to Hotels and Motels.
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  8

EXISTING AMBIENT NOISE LEVELS
WJVA  conducted  measurements  of  existing  ambient  noise  levels  in  the  project  vicinity  on February 1 and February 2, 2023. Long‐term (24‐hour) ambient noise level measurements were conducted at ten (10) locations (sites LT‐1 through LT‐10). Two (2) ambient noise measurement sites were located in each of the five (5) overall project areas.

The  intent  of  the  ambient  noise  survey  was  to  document  existing  noise  levels  in  the  overall project  area.  A  general  description  of  each  of  the  ten  ambient  noise  measurement  sites  is provided below. The locations of the ten ambient noise survey locations are provided as Figure 6 through Figure 10.

Alisal Marketplace
 LT‐1:  Ambient  noise  measurement site  LT‐1  was  located  near  the  intersection  of  JD Alvarado Circle and Alisal Street. LT‐1 was exposed to noise associated with vehicle traffic along  both  roadways  as  well  as  noise  associated  with  nearby  commercial/industrial activities (car wash, automotive repair shops) and occasional aircraft overflights.  LT‐2: Ambient noise measurement site LT‐2 was located on Griffin Street, between Alisal Street and Rianda Street. LT‐2 was exposed to noise associated with vehicle traffic along local  roadways  as  well  U.S.  Route  101  (US  101).  Site  LT‐2  was  also  exposed  to  noise associated with nearby commercial/retail activities and occasional aircraft overflights.

Edge of Downtown
 LT‐3: Ambient noise measurement site LT‐3 was located along Summer Street, between Front Street and Abbot Street. LT‐3 was exposed to noise associated with vehicle traffic along  nearby  roadways  as  well  as  noise  associated  with  nearby  commercial/industrial activities (lumber yard) and occasional aircraft overflights and railroad operations on the Union Pacific line.
 LT‐4: Ambient noise measurement site LT‐4 was located on Front Street, between John Street and Winham Street. LT‐4 was exposed to noise associated with vehicle traffic along local roadways, noise associated with nearby commercial and retail land uses along John Street as well as occasional aircraft overflights.

Foods Co Shopping Center
 LT‐5: Ambient noise measurement site LT‐5 was located along McGowan Drive, east of Sanborn  Road.  LT‐5  was exposed  to  noise associated with  vehicle  traffic along  nearby roadways  as  well  as  noise  associated  with  nearby  commercial/retail  activities  and occasional aircraft overflights.
 LT‐6:  Ambient  noise  measurement  site  LT‐6  was  located  along  Alisal  Street,  east  of Sanborn  Road.  LT‐6  was  exposed  to  noise  associated  with  vehicle  traffic  along  local roadways,  noise  associated  with  nearby  commercial/retail  land  uses  as  well  and occasional aircraft overflights.
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  9 Laurel West Shopping Center
 LT‐7:  Ambient  noise  measurement  site  LT‐7  was  located  along  Davis,  south  of  Laurel Drive. LT‐7 was exposed to noise associated with vehicle traffic along Davis Road as well as  noise  associated  with  nearby  commercial/retail  activities  and  occasional  aircraft overflights.
 LT‐8: Ambient noise measurement site LT‐8 was located within the northeast portion of the project site, in an existing retail center parking lot, south of Laurel Road and west of US 101. LT‐8 was exposed to noise associated with vehicle traffic along Laurel Road and US 101, noise associated with nearby commercial/retail land uses as well and occasional aircraft overflights.

Sears/Northridge Mall Shopping Center
 LT‐9: Ambient noise measurement site LT‐9 was located northwest of the intersection of Main Street and Madrid Street, and was exposed to noise associated with vehicle traffic along both roadways, as well occasional aircraft overflights.  LT‐10: Ambient noise measurement site LT‐10 was located along the access road located along the western portion of the project site. LT‐10 was exposed to noise associated with vehicle traffic accessing the roadway as well as noise associated with nearby residential land uses (landscaping activities, barking dogs, voices, etc.) as well as occasional aircraft overflights.

Ambient noise levels were measured for a period of 24 continuous hours at each ambient noise measurement  location.  Noise  monitoring  equipment  consisted  of  Larson‐Davis  Laboratories Model  LDL‐820  sound  level  analyzers  equipped  with  B&K  Type  4176  1/2”  microphones.  The equipment complies with the specifications of the American National Standards Institute (ANSI) for  Type I  (Precision)  sound  level meters.  The meters  were  calibrated  with  a  B&K  Type  4230 acoustic calibrator to ensure the accuracy of the measurements.  Measured hourly energy average noise levels (Leq) at site LT‐1 ranged from a low of 55.4 dB between 2:00 a.m. and 3:00 a.m. to a high of 68.7 dB between 2:00 p.m. and 3:00 p.m.

Hourly maximum  (Lmax) noise levels at  site LT‐1  ranged  from  72.1  to  86.2 dB. Residual noise levels at the monitoring site, as defined by the L90 statistical descriptor ranged from

50.0 to 61.1 dB. The L90 is a statistical descriptor that defines the noise level exceeded 90% of the time during each hour of the sample period. The L90 is generally considered to represent  the  residual  (or background) noise level in  the absence of identifiable single noise events from traffic, aircraft and other local noise sources. The measured Ldn value at  site  LT‐1  during  the  24‐hour  noise  measurement  period  was  69.1  dB.  Figure  11 graphically  depicts  hourly  variations  in  ambient  noise  levels  at  the  LT‐1  long‐term monitoring site as well as a site photograph.
 Measured hourly energy average noise levels (Leq) at site LT‐2 ranged from a low of 60.0 dB between 2:00 a.m. and 3:00 a.m. to a high of 68.3 dB between 7:00 a.m. and 8:00 a.m.

Hourly maximum  (Lmax) noise levels at  site LT‐2  ranged  from  69.4  to  83.1 dB. Residual 22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  10 noise levels at the monitoring site, as defined by the L90 statistical descriptor ranged from

56.8  to  63.7  dB.  The  measured  Ldn  value  at  site  LT‐2  during  the  24‐hour  noise measurement  period  was  70.9  dB.  Figure  12  graphically  depicts  hourly  variations  in ambient noise levels at the LT‐2 long‐term monitoring site as well as a site photograph.  Measured hourly energy average noise levels (Leq) at site LT‐3 ranged from a low of 50.3 dB between 3:00 a.m. and 4:00 a.m. to a high of 70.9 dB between 10:00 a.m. and 11:00 a.m. Hourly maximum (Lmax) noise levels at site LT‐3 ranged from 63.7 to 84.0 dB. Residual noise levels at the monitoring site, as defined by the L90 statistical descriptor ranged from

46.2  to  57.5  dB.  The  measured  Ldn  value  at  site  LT‐3  during  the  24‐hour  noise measurement  period  was  66.8  dB.  Figure  13  graphically  depicts  hourly  variations  in ambient noise levels at the LT‐3 long‐term monitoring site as well as a site photograph.  Measured hourly energy average noise levels (Leq) at site LT‐4 ranged from a low of 48.6 dB between 3:00 a.m. and 4:00 a.m. to a high of 63.7 dB between noon and 1:00 p.m.

Hourly maximum  (Lmax) noise levels at  site LT‐4  ranged  from  66.6  to  79.4 dB. Residual noise levels at the monitoring site, as defined by the L90 statistical descriptor ranged from

44.9  to  54.8  dB.  The  measured  Ldn  value  at  site  LT‐4  during  the  24‐hour  noise measurement  period  was  62.2  dB.  Figure  14  graphically  depicts  hourly  variations  in ambient noise levels at the LT‐4 long‐term monitoring site as well as a site photograph.  Measured hourly energy average noise levels (Leq) at site LT‐5 ranged from a low of 53.0 dB between 2:00 a.m. and 3:00 a.m. to a high of 69.7 dB between 4:00 p.m. and 5:00 p.m.

Hourly maximum  (Lmax) noise levels at  site LT‐5  ranged  from  66.9  to  96.4 dB. Residual noise levels at the monitoring site, as defined by the L90 statistical descriptor ranged from

47.7  to  58.6  dB.  The  measured  Ldn  value  at  site  LT‐5  during  the  24‐hour  noise measurement  period  was  65.9  dB.  Figure  15  graphically  depicts  hourly  variations  in ambient noise levels at the LT‐5 long‐term monitoring site as well as a site photograph.  Measured hourly energy average noise levels (Leq) at site LT‐6 ranged from a low of 58.9 dB between 3:00 a.m. and 4:00 a.m. to a high of 68.4 dB between 8:00 a.m. and 9:00 a.m.

Hourly maximum  (Lmax) noise levels at  site LT‐6  ranged  from  77.2  to  88.8 dB. Residual noise levels at the monitoring site, as defined by the L90 statistical descriptor ranged from

51.0  to  58.6  dB.  The  measured  Ldn  value  at  site  LT‐6  during  the  24‐hour  noise measurement  period  was  70.2  dB.  Figure  16  graphically  depicts  hourly  variations  in ambient noise levels at the LT‐6 long‐term monitoring site as well as a site photograph.  Measured hourly energy average noise levels (Leq) at site LT‐7 ranged from a low of 53.8 dB between 3:00 a.m. and 4:00 a.m. to a high of 66.3 dB between 8:00 p.m. and 9:00 p.m.

Hourly maximum  (Lmax) noise levels at  site LT‐7  ranged  from  73.6  to  83.2 dB. Residual noise levels at the monitoring site, as defined by the L90 statistical descriptor ranged from

49.2  to  60.9  dB.  The  measured  Ldn  value  at  site  LT‐7  during  the  24‐hour  noise measurement  period  was  66.3  dB.  Figure  17  graphically  depicts  hourly  variations  in ambient noise levels at the LT‐7 long‐term monitoring site as well as a site photograph. 22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  11  Measured hourly energy average noise levels (Leq) at site LT‐8 ranged from a low of 50.1 dB between 3:00 a.m. and 4:00 a.m. to a high of 61.1 dB between 2:00 p.m. and 3:00 p.m.

Hourly maximum  (Lmax) noise levels at  site LT‐8  ranged  from  62.2  to  77.7 dB. Residual noise levels at the monitoring site, as defined by the L90 statistical descriptor ranged from

46.8  to  54.9  dB.  The  measured  Ldn  value  at  site  LT‐8  during  the  24‐hour  noise measurement  period  was  60.0  dB.  Figure  18  graphically  depicts  hourly  variations  in ambient noise levels at the LT‐8 long‐term monitoring site as well as a site photograph.  Measured hourly energy average noise levels (Leq) at site LT‐9 ranged from a low of 52.0 dB between 3:00 a.m. and 4:00 a.m. to a high of 65.0 dB between 8:00 a.m. and 9:00 a.m.

Hourly maximum  (Lmax) noise levels at  site LT‐9  ranged  from  68.2  to  83.6 dB. Residual noise levels at the monitoring site, as defined by the L90 statistical descriptor ranged from

48.8  to  58.1  dB.  The  measured  Ldn  value  at  site  LT‐9  during  the  24‐hour  noise measurement  period  was  65.2  dB.  Figure  19  graphically  depicts  hourly  variations  in ambient noise levels at the LT‐9 long‐term monitoring site as well as a site photograph.  Measured hourly energy average noise levels (Leq) at site LT‐10 ranged from a low of 47.2 dB between 4:00 a.m. and 5:00 a.m. to a high of 65.5 dB between 3:00 p.m. and 4:00 p.m.

Hourly maximum (Lmax) noise levels at site LT‐10 ranged from 56.6 to 63.6 dB. Residual noise levels at the monitoring site, as defined by the L90 statistical descriptor ranged from

42.2  to  58.3  dB.  The  measured  Ldn  value  at  site  LT‐10  during  the  24‐hour  noise measurement  period  was  65.2  dB.  Figure  20  graphically  depicts  hourly  variations  in ambient noise levels at the LT‐10 long‐term monitoring site as well as a site photograph.

In  addition  to  the  above‐described  long‐term  (24‐hour)  ambient  noise  level  measurements, WJVA conducted ten (10) additional short‐term (15‐minute) noise level measurements. Two (2) short‐term measurements were conducted within each of the five (5) individual project areas.

The  noise  measurement  data  includes  energy  average  (Leq)  and  maximum  (Lmax)  noise  levels measured  at  the  ten  short‐term  noise  measurement  sites.  Observations  were  made  of  the dominant noise sources affecting the measurements.
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  12

TABLE III

SUMMARY OF SHORT-TERM NOISE MEASUREMENT DATA

MIXED-USE GPA & REZONE PROJECT, SALINAS
FEBRUARY 1 & 2, 2023
Site  Time  A‐Weighted Decibels, dBA  Sources  Leq  Lmax ST‐1  10:10 a.m.  58.7  73.4  TR, AC, I
ST‐2  10:40 a.m.  68.7  81.4  TR, I
ST‐3  11:45 a.m.  64.4  76.2  TR
ST‐4  12:50 p.m.  66.8  77.7  TR
ST‐5  2:10 p.m.  63.6  82.0  TR, BD
ST‐6  2:40 p.m.  53.8  69.2  TR, BD
ST‐7  10:25 a.m.  51.4  59.0  TR, C
ST‐8  11:05 a.m.  53.2  61.5  TR, C
ST‐9  12:15 p.m.  62.1  68.8  TR
ST‐10  1:20 p.m.  60.3  66.9  TR, V
TR: Traffic   AC: Aircraft   V: Voices  D: Dogs Barking  BD: Birds  I: Industrial/Commercial  Activities C: Construction Activiteis
Source: WJV Acoustics, Inc.

The long‐ and short‐term ambient noise measurements indicate the dominant source of noise within the overall project site areas is associated with vehicle traffic on roadways and highways.

Fluctuations in noise levels in the project areas is almost entirely driven by fluctuation in traffic volumes.  Additional  sources  of  noise  observed  at  the  majority  of  locations  included  train operations, industrial/commercial activities and occasional aircraft overflights. 22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  13

PROJECT-RELATED NOISE ANALYSIS
The project would rezone several parcels of land within five (5) areas within the City of Salinas.

The  parcels  are  currently  zoned  a  mixture  of  Commercial  Retail  (CR)  and  Industrial  General Commercial (IGC), and would be rezoned as Mixed Use (MX). The change in zoning density would result in a decrease in traffic volumes along roadways in the vicinity of the various mixed‐use zoned parcels. However, existing  (and  future)  traffic noise exposure levels adjacent  to several parcels would likely exceed City of Salinas exterior noise exposure levels for residentially zoned land uses.

Traffic Noise Exposure
Project‐Related Changes in Traffic Volumes‐
A project‐specific traffic study was not available at the time this analysis was prepared. However, WJVA  was  provided  annual  average  daily  traffic  (ADT)  volumes  associated  with  the  existing zoning (CR and IGC) as well as the proposed zoning (MX). Table IV provides the ADT volumes for the five project areas for both existing and proposed land use zoning.

TABLE IV

MIXED-USE GPA & REZONE PROJECT, SALINAS

ANNUAL AVERAGE TRAFFIC (ADT) VOLUMES
PROJECT AREA  EXISTING ADT  PROPOSED ADT  CHANGE
ALISAL MARKETPLACE  8,262  1,771  ‐6,491
EDGE OF DOWNTOWN  3,821  1,018  ‐2,803
FOODS CO SHOPPING CENTER  5,441  1,982  ‐4,547
LAUREL WEST SHOPPING CENTER  6,529  2,378  ‐4,151
SEARS/NORTHRIDGE MALL  10,496  1,497  ‐8,999
Source: Precision Engineering
The above‐described ADT volumes  represent  the  trip generation volumes associated with  the land use zoning designations (both existing and proposed), parcel size and estimated number of residential dwelling units (for proposed MX zoning designation). The distribution of these traffic volumes  along  nearby  roadways  was  not  available  at  the  time  this  analysis  was  prepared.

However,  WJVA  calculated  theoretical  changes  in  traffic  noise  associated  with  these  ADT changes, with  the assumption  that  these volumes would occur on one individual  roadway  for each  of  the  five  project  areas.  This  analysis  is  intended  to  provide  a  generalized/qualitative snapshot of overall changes in traffic noise exposure associated with project implementation.

WJVA  utilized  the  Federal  Highway  Administration  (FHWA)  Highway  Traffic  Noise  Prediction Model (FHWA‐RD‐77‐108). The FHWA Model is a standard analytical method used for roadway traffic  noise  calculations.  The  model  is  based  upon  reference  energy  emission  levels  for automobiles, medium  trucks  (2 axles) and  heavy  trucks  (3  or more axles), with  consideration given  to  vehicle  volume,  speed,  roadway  configuration,  distance  to  the  receiver,  and  the 22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  14 acoustical characteristics of the site. The FHWA Model was developed to predict hourly Leq values for free‐flowing traffic conditions, and is generally considered to be accurate within ±1.5 dB.  To predict Ldn values, it is necessary to determine the hourly distribution of traffic for a typical day and adjust the traffic volume input data to yield an equivalent hourly traffic volume.

Table V provides the theoretical noise exposure levels associated with project‐related traffic only, and  is  not  intended  to  provide  actual  cumulative  (project  plus  non‐project  related  traffic volumes) traffic noise exposure levels. The traffic noise exposure levels described in Table V were calculated at a reference setback distance of 100 feet from the centerline of a roadway.

TABLE V

MIXED-USE GPA & REZONE PROJECT, SALINAS

ANNUAL AVERAGE TRAFFIC (ADT) VOLUMES
PROJECT AREA  EXISTING   PROPOSED MX  CHANGE
ALISAL MARKETPLACE  60  53  ‐7
EDGE OF DOWNTOWN  56  51  ‐5
FOODS CO SHOPPING CENTER  58  54  ‐4
LAUREL WEST SHOPPING CENTER  59  54  ‐5
SEARS/NORTHRIDGE MALL  61  52  ‐9
Source: Precision Engineering
Traffic  noise  exposure  levels  associated  with  current  zoning  of  the  project  areas  versus  the proposed  zoning  of  the  project  areas  are  intended  only  to  demonstrate  that  traffic  volumes associated  with  the  parcels  would  decrease  as  a  result  of  project  implementation.  However, based upon existing ambient noise levels (as described above), the decrease in traffic volumes would likely not result in any significant overall reduction in traffic noise exposure levels near the five  project areas. Table  V  should  not  be interpreted as  such  that  the  overall  noise exposure within  these  areas  would  decrease  by  the  described  “change”,  as  a  result  of  project implementation.

Traffic Noise Exposure at Proposed Residential Land Uses‐ The City of Salinas exterior noise level standard for residential land uses is 60 dB Ldn. Existing noise exposure at the ten ambient noise survey sites ranged from approximately 60‐71 dB Ldn. These noise levels represent those at the measurement location only, often in close proximity to nearby roadways.  Site  specific acoustical analyses will  be  required  once  specific  site  plan  design and construction  details  are  provided.  Typically,  the  exterior  noise  standard  would  apply  at  the outdoor  activity  areas  (backyards  of  single‐family  residential  land  uses  and  outdoor  common areas  and  individual  balconies  and  patios  of  multi‐family  residential  land  uses).  When  these locations  are  known,  a  site‐specific  determination  of  exterior  noise  exposure  and  required mitigation measures should be prepared.

Based upon the ambient noise survey, mitigation measures would likely be required at several proposed residential land use sites. Exterior noise mitigation measures would typically include 22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  15 increase of setbacks, strategic placement of outdoor activity areas as well as sound walls. The exact location and heights of sound walls cannot be determined without the preparation of site‐ specific acoustical analyses.

Additionally, the City of Salinas interior noise level standard is 45 dB Ldn. Depending on proximity to roadways, interior noise level standards may exceed the interior noise level standard. Interior noise mitigation  would  typically  be  accomplished  by means  of  increased  STC‐rated  windows, doors and wall assemblies.

Noise From Residential Sources
Noise associated with residential land uses is typically minimal compared to other land uses such as commercial, industrial, etc. Noise sources associated with residential land uses would typically include vehicle movements, noise associated with landscaping activities, human voices, barking dogs, etc. None of these sources would be considered a potential significant noise impact at any existing or planned noise‐sensitive land uses.

Noise Impacts At Proposed Mixed-Use Developments
Mixed‐use  land  uses  would  typically  include  a  variety  of  land  uses  including  residential, commercial,  retail  and  office  uses.  A  wide  variety  of  noise  sources  can  be  associated  with commercial and retail land uses. The noise levels produced by such sources can also be highly variable and could potentially impact existing on‐site and off‐site sensitive receptors. From the perspective  of  the  City’s  noise  standards,  noise  sources  not  associated  with  transportation sources are considered stationary noise  sources. Typical examples of  stationary noise sources include:
 Fans and blowers
 HVAC/Mechanical equipment
 Truck deliveries
 Loading Docks
 Compactors
 Amplified Drive‐Thru Menu Board Speakers
 Automated Car Wash Operations
Noise levels  from new stationary noise sources cannot be predicted with any certainty at this time since specific uses have not yet been proposed and the locations of stationary noise sources relative  to  the  locations  of  noise  sensitive  uses  are  not  known.  However,  under  some circumstances there is a potential for such uses to exceed the City’s noise standards for stationary noise sources at the locations of sensitive receptors.

Noise levels from new stationary noise sources may be effectively reduced by incorporating noise mitigation measures into the project design that consider the geographical relationship between the noise sources of concern and potential receptors, the noise‐producing characteristics of the 22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  16 sources and the path of transmission between noise sources and sensitive receptors. Options for noise mitigation include the use of building setbacks, the construction of sound walls and the use of noise source equipment enclosures.

When  specific  uses within  the  project areas are  proposed  that  could  result in a  noise‐related conflict between a commercial or other stationary noise source and existing or proposed noise‐ sensitive receptor, an acoustical analysis may be required that quantifies project‐related noise levels and recommends appropriate mitigation measures to achieve compliance with the City’s noise standards.
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  17

CONCLUSIONS AND RECOMMENDATIONS
The propped Mixed‐Use General Plan Amendment and Rezone project would decrease  traffic volumes (and potentially decrease overall noise exposure levels) in the vicinity of the five project areas. However,  proposed  residential land  uses included in  the mixed‐use  zoning areas  could potentially be exposed to exterior and interior noise levels that exceed the City of Salinas noise standards for residential land uses. Additionally, non‐residential land uses associated with mixed‐ zoning  land  use  designations  could  include  noise  sources  that  could  result  in  compatibility concerns with both existing and proposed residential land uses in the project areas. When site‐ specific uses are proposed,  site‐specific acoustical analyses  (noise  studies) may be  required if there are potential noise impacts at existing or proposed noise‐sensitive land uses. However, the project  itself  would  not  specifically  be  expected  to  result  in  any  significant  noise  impacts  to existing noise‐sensitive receptors.

The  conclusions  and  recommendations  of  this  acoustical  analysis  are  based  upon  the  best information  known  to  WJV  Acoustics  Inc.  (WJVA)  at  the  time  the  analysis  was  prepared concerning  the  proposed  project.  Any  significant  changes  to  the  project  may  require  a reevaluation of the findings of this report. Additionally, any significant future changes in motor vehicle technology, noise regulations or other factors beyond WJVA’s control may result in long‐ term noise results different from those described by this analysis.

Respectfully submitted,

Walter J. Van Groningen
President
WJV:wjv
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  18 FIGURE 1: ALISAL MARKETPLACE
Source: City of Salinas, County of Monterey Open Data; Esri, Maxar, Geo Eye, Earthstar Geographies, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community ()
0 0.05 0.1 0.2 0.3
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CITY OF SALINAS - ALISAL MARKETPLACE GENERAL PLAN AMENDMENT AND REZONE

INITIAL STUDY
Created 4/11/2022
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  19 FIGURE 2: EDGE OF DOWNTOWN

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CITY OF SALINAS· EDGE OF DOWNTOWN/ FRONT ANO JOHN STREETS GENERAL PLAN AMENDMENT ANO REZONE

INITIAL STUOY
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Created 11/23/ 2022
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  20 FIGURE 3: FOODS CO SHOPPING CENTER
Source: City of Salinas, County of Monterey Open Data; Esri, Maxar, GeoEye, Earthstar Geographies, CN ES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community ()
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CITY OF SALINAS - LARGE SHOPPING CENTER/FOODS CO GENERAL PLAN AMENDMENT AND REZONE

INITIAL STUDY
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- Created 7/ 18/ 2022
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City Boundary
Source: City of Salinas, County of Monterey Open Data; Esri, Maxar, GeoEye, Earthstar Geographies, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 0 0.05 0.1 0.2 0.3
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CITY OF SALINAS· LARGE SHOPPING CENTER/LAUREL WEST SHOPPING CENTER

GENERAL PLAN AMENDMENT AND REZONE

INITIAL STUDY

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Created 7/18/2022
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  22 FIGURE 5: SEARS/NORTHRIDGE MALL
Source: City of Salinas, County of Monterey Open Data; Esri, Maxar, GeoEye, Earthstar Geographies, CNES/Airbus OS, USDA, USGS, AeroGRID, IGN, and t he GIS User Community 0 0 0.03 0.06 0 .12 0 .18
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CITY OF SALINAS - LARGE SHOPPING CENTER/SEARS (NORTHRIDGE MALL) GENERAL PLAN AMENDMENT AND REZONE

INITIAL STUDY
Created 9/12/2022
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  23 FIGURE 6: ALISAL MARKETPLACE AMBIENT NOISE MEASUREMENT SITES 22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  24 FIGURE 7: EDGE OF DOWNTOWN AMBIENT NOISE MEASUREMENT SITES 22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  25 FIGURE 8: FOODS CO SHOPPING CENTER AMBIENT NOISE MEASUREMENT SITES 22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  26 FIGURE 9: LAUREL WEST SHOPPING CENTER AMBIENT NOISE MEASUREMENT SITES 22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  27 FIGURE 10: SEARS/NORTHRIDGE MALL AMBIENT NOISE MEASUREMENT SITES 22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  28 FIGURE 11: LT-1
20 30
40 50
60 70
80 90
100
0:00:001:00:002:00:003:00:004:00:005:00:006:00:007:00:008:00:009:00:00 10:00:0011:00:0012:00:0013:00:0014:00:0015:00:0016:00:0017:00:0018:00:0019:00:0020:00:0021:00:0022:00:0023:00:00 Levels, dBA
Time
Site LT‐1
February 1, 2023
Lmax
Leq
L90
-
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  29 FIGURE 12: LT-2
20 30
40 50
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100
0:00:001:00:002:00:003:00:004:00:005:00:006:00:007:00:008:00:009:00:00 10:00:0011:00:0012:00:0013:00:0014:00:0015:00:0016:00:0017:00:0018:00:0019:00:0020:00:0021:00:0022:00:0023:00:00 Levels, dBA
Time
Site LT‐2
February 1, 2023
Lmax
Leq
L90
-
~
.......
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  30 FIGURE 13: LT-3
20 30
40 50
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80 90
100
0:00:001:00:002:00:003:00:004:00:005:00:006:00:007:00:008:00:009:00:00 10:00:0011:00:0012:00:0013:00:0014:00:0015:00:0016:00:0017:00:0018:00:0019:00:0020:00:0021:00:0022:00:0023:00:00 Levels, dBA
Time
Site LT‐3
February 1, 2023
Lmax
Leq
L90
-
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  31 FIGURE 14: LT-4
20 30
40 50
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100
0:00:001:00:002:00:003:00:004:00:005:00:006:00:007:00:008:00:009:00:00 10:00:0011:00:0012:00:0013:00:0014:00:0015:00:0016:00:0017:00:0018:00:0019:00:0020:00:0021:00:0022:00:0023:00:00 Levels, dBA
Time
Site LT‐4
February 1, 2023
Lmax
Leq
L90
-
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  32 FIGURE 15: LT-5
20 30
40 50
60 70
80 90
100
0:00:001:00:002:00:003:00:004:00:005:00:006:00:007:00:008:00:009:00:00 10:00:0011:00:0012:00:0013:00:0014:00:0015:00:0016:00:0017:00:0018:00:0019:00:0020:00:0021:00:0022:00:00 Levels, dBA
Time
Site LT‐5
February 1, 2023
Lmax
Leq
L90
-
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  33 FIGURE 16: LT-6
20 30
40 50
60 70
80 90
100
0:00:001:00:002:00:003:00:004:00:005:00:006:00:007:00:008:00:009:00:00 10:00:0011:00:0012:00:0013:00:0014:00:0015:00:0016:00:0017:00:0018:00:0019:00:0020:00:0021:00:0022:00:0023:00:00 Levels, dBA
Time
Site LT‐6
February 2, 2023
Lmax
Leq
L90
-
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  34 FIGURE 17: LT-7
20 30
40 50
60 70
80 90
100
0:00:001:00:002:00:003:00:004:00:005:00:006:00:007:00:008:00:009:00:00 10:00:0011:00:0012:00:0013:00:0014:00:0015:00:0016:00:0017:00:0018:00:0019:00:0020:00:0021:00:0022:00:0023:00:00 Levels, dBA
Time
Site LT‐7
February 2, 2023
Lmax
Leq
L90
--+-
....._
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  35 FIGURE 18: LT-8
20 30
40 50
60 70
80 90
100
0:00:001:00:002:00:003:00:004:00:005:00:006:00:007:00:008:00:009:00:00 10:00:0011:00:0012:00:0013:00:0014:00:0015:00:0016:00:0017:00:0018:00:0019:00:0020:00:0021:00:0022:00:0023:00:00 Levels, dBA
Time
Site LT‐8
February 2, 2023
Lmax
Leq
L90
--+-
.......
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  36 FIGURE 19: LT-9
20 30
40 50
60 70
80 90
100
0:00:001:00:002:00:003:00:004:00:005:00:006:00:007:00:008:00:009:00:00 10:00:0011:00:0012:00:0013:00:0014:00:0015:00:0016:00:0017:00:0018:00:0019:00:0020:00:0021:00:0022:00:0023:00:00 Levels, dBA
Time
Site LT‐9
February 2, 2023
Lmax
Leq
L90
-
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23  37 FIGURE 20: LT-10
20 30
40 50
60 70
80 90
100
0:00:001:00:002:00:003:00:004:00:005:00:006:00:007:00:008:00:009:00:00 10:00:0011:00:0012:00:0013:00:0014:00:0015:00:0016:00:0017:00:0018:00:0019:00:0020:00:0021:00:0022:00:0023:00:00 Levels, dBA
Time
Site LT‐10
February 2, 2023
Lmax
Leq
L90
--+-
....._
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23

APPENDIX A

ACOUSTICAL TERMINOLOGY
AMBIENT NOISE LEVEL:  The  composite  of  noise  from  all  sources  near  and  far.    In  this context,  the  ambient  noise  level  constitutes  the  normal  or existing level of environmental noise at a given location.

CNEL:  Community  Noise  Equivalent  Level.    The  average  equivalent sound  level  during  a  24‐hour  day,  obtained  after  addition  of approximately five decibels to sound levels in the evening from 7:00 p.m. to 10:00 p.m. and ten decibels to sound levels in the night before 7:00 a.m. and after 10:00 p.m.

DECIBEL, dB:  A unit for describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound  measured  to  the  reference  pressure,  which  is  20 micropascals (20 micronewtons per square meter).

DNL/Ldn:  Day/Night Average Sound Level.  The average equivalent sound level during a 24‐hour day, obtained after addition of ten decibels to sound levels in the night after 10:00 p.m. and before 7:00 a.m.

Leq:  Equivalent  Sound  Level.    The  sound  level  containing  the  same total energy as a time varying signal over a given sample period.

Leq is typically computed over 1, 8 and 24‐hour sample periods.

NOTE:    The  CNEL  and  DNL  represent  daily  levels  of  noise  exposure averaged  on  an  annual  basis,  while  Leq  represents  the  average noise exposure for a shorter time period, typically one hour.

Lmax:      The maximum noise level recorded during a noise event.

Ln:      The sound level exceeded "n" percent of the time during a sample interval  (L90,  L50,  L10,  etc.).    For  example,  L10  equals  the  level exceeded 10 percent of the time.
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23 A-2

ACOUSTICAL TERMINOLOGY
NOISE EXPOSURE
CONTOURS:    Lines  drawn  about  a  noise  source  indicating  constant  levels  of noise exposure.  CNEL and DNL contours are frequently utilized to describe community exposure to noise.

NOISE LEVEL
REDUCTION (NLR):  The noise reduction between indoor and outdoor environments or  between  two  rooms  that  is  the  numerical  difference,  in decibels, of the average sound pressure levels in  those areas or rooms.  A measurement of “noise level reduction” combines the effect of the transmission loss performance of the structure plus the effect of acoustic absorption present in the receiving room.

SEL or SENEL:    Sound Exposure Level or Single Event Noise Exposure Level.  The level of noise accumulated during a single noise event, such as an aircraft  overflight,  with  reference  to  a  duration  of  one  second.

More  specifically,  it  is  the  time‐integrated  A‐weighted  squared sound  pressure  for  a  stated  time  interval  or  event,  based  on  a reference pressure of 20 micropascals and a reference duration of one second.

SOUND LEVEL:    The sound pressure level in decibels as measured on a sound level meter using the A‐weighting filter network.  The A‐weighting filter de‐emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear and gives good correlation with subjective reactions to noise.

SOUND TRANSMISSION
CLASS (STC):    The  single‐number  rating  of  sound  transmission  loss  for  a construction element (window, door, etc.) over a frequency range where speech intelligibility largely occurs.

APPENDIXB

EXAMPLES OF SOUND LEVELS

NOISE SOURCE SOUND LEVEL
AMPLIFIED ROCK 'N ROLL ► 120 dB
JET TAK.EOFF @ 200 FT ►
100 dB
BUSY URBAN STREET ►
80d.B
FREEWAY TRAFFIC @ 50 FT ►
CONVERSATION @ 6 FT ► 60d.B
TYPICAL OFFICE INTERIOR ►
SOFT RADIO MUSIC ► 40d.B
RESIDENTIAL INTERIOR ►
WHISPER @ 6 FT ► 20d.B
HUMAN BREATHING ►
0d.B

SUBJECTIVE

DESCRIPTION

DEAFENING

VERY LOUD
LOUD

MODERATE
FAINT

VERY FAINT
CITY OF SALINAS – General Plan Amendment & Rezone: Alisal Marketplace | 172

7.6 Appendix F: Trip Generation Memo
Prepared by Precision Civil Engineering, Inc., on March 3, 2023.

Trip Generation Analysis for Alisal Mixed Use Rezone 1
1234 O Street
Fresno, CA 93721
(559) 449-4500

TO: City of Salinas
FROM: Bonique Emerson, AICP, Precision Civil Engineering Shin Tu, AICP Candidate, Precision Civil Engineering
RE: Trip Generation Analysis for Alisal Mixed Use Rezone DATE: March 3, 2023
The following memo summarizes the trip generation for existing operations on site and the proposed Project. The Average Daily Vehicle Trips (ADT) for this memo were calculated using data published by the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition and 11th Edition.

Existing Trip Generation
Table 1 provides the land uses and size of all existing structures on the Project site, as well as the trip generation of each use. 13 different ITE land use codes were used to describe the site’s existing restaurants, pharmacy, commercial services, grocery store, convenience store, gas station, car wash, etc. The existing operations of the Project site is estimated to generate 8,262 ADT.

Table 1 Existing Trip Generation
Unit of
Measurement
ITE Code -
Description Average Weekday Rate
Trip
Generation
(ADT)
8,307 sf.
816 -
Hardware/Paint
Store

8.07 per 1,000 sf. 67
5,155 sf. 930 - Fast Casual
Restaurant 97.14 per 1,000 sf. 501
2,658 sf.
932 - High Turnover
(Sitdown)
Restaurant
107.2 per 1,000 sf. 285
28,539 sf.
881 -
Pharmacy/Drugstore
with Drive-Through
Window
108.4 per 1,000 sf. 3,094
24,821 sf. 890 - Furniture
Store 6.3 per 1,000 sf. 156
21,322 sf. 942 - Automobile
Care Center 2.25 per 1,000 sf. 48
10,356 sf. 822 - Strip Retail
Plaza (<40k) 54.45 per 1,000 sf. 564
8,686 sf. 843 - Automobile
Parts Sales 54.57 per 1,000 sf. 474
t-i1HE6l-5' I ttJ\, ~ IL ENG IN E'. RING, 'lf5_- _
Trip Generation Analysis for Alisal Mixed Use Rezone 2
1234 O Street
Fresno, CA 93721
(559) 449-4500
9,720 sf. 560 - Church 7.6 per 1,000 sf. 74
15,767 sf. 130 - Industrial Park 3.37 per 1,000 sf. 53
10,205 sf. 879 - Arts and
Crafts Store 6.85 per 1,000 sf. 70
8 pumps 945 - Convenience
Store/Gas Station 265.12 per station 2,121
7 wash stalls 947 - Self-Service
Car Wash 108 per stall 756
TOTAL 8,262
Trip Generation of Proposed Project
Table 2 provides the Project trip generation pursuant to the proposed project description.

The ITE land use that was used for this analysis is the Mid Rise with Ground Floor Commercial land use (ITE Code 231, 10th Edition). A Mid Rise with Ground Floor Commercial is a mixed-use multifamily housing building with between four and 10 floors of residential living space and commercial space open to the public on the ground level.

The proposed Project is anticipated to generate 1,771 ADT.

Table 2 Trip Generation of Proposed Project
ITE Land Use Residential
(DU)
Trip Generation
(ADT)
Trip Generation
(ADT)
231- Mid Rise with Ground
Floor Commercial 515 3.44 1,771
Conclusion
Full buildout under the implementation of the proposed Project will generate 6,491 less ADT than existing operations on the Project site.
t-i1HE6l-5' I ttJ\, ~ IL ENG IN E'. RING, 'lf5_- _

ALISAL MARKETPLACE

MITIGATION MONITORING AND REPORTING PROGRAM
APNs 003-051-082-000, 003-051-083-000, 003-051-065-000, 003-051-054-000, 003-051-055-000, 003-051-008-000, 003-052-001-000, 003-052-002-000, 003-052-018-000, 003-052-019-000, 003-052-023-000, 003-052-032-000, 003-052- 017-000, 003-052-031-000, 003-041-029-000, 003-041-031-000, 003-041-001-000, 003-041-028-000 (GENERAL PLAN AMENDMENT 2022-002 AND REZONE 2022-002)

Mitigation Measures
Timing of
Verification
Responsible for
Verification
Verification of
Completion
Date Initials
Air Quality
Mitigation Measure AQ-1: Construction Air Quality. During construction, the applicant or successor in interest for each individual site shall:
 Limit grading to 8.1 acres per day, and limit grading and excavation to 2.2 acres per day.
 Provide watering trucks on site to maintain adequate soil moisture during grading and water
graded/excavated areas at least twice daily, thus
minimizing dust generation. In addition, the
water trucks shall be used to wash down trucks and
tractors, including earth loads, prior to
entering public roadways.
 Prohibit all grading activities whenever wind speeds
exceed 15 miles per hour (mph).
 Maintain a minimum of two feet for freeboard for all haul trucks.
 Cover all trucks hauling dirt, sand, or loose materials.  Cover inactive storage piles.
 Enforce a 15-mph speed limit for all unpaved surfaces when visible dust clouds are formed by vehicle movement.  Place gravel base near site entrances to clean tires prior to entering public roadways.

During
construction.

Development and
Engineering Services
Department – Plan
Check Service

Mitigation Measure AQ-2: MBARD Health Risk Consultation. Prior to issuance of any grading permit and/or building permit for each individual site, the applicant or successor in interest shall consult with MBARD regarding the potential need for a diesel health risk assessment (HRA). If required, the applicant or successor in interest shall prepare a diesel HRA and shall implement the measures contained therein to ensure that project-specific emissions are below MBARD’s established health risk thresholds:
hazard index greater than 1 for acute or chronic impacts, and cancer risk greater than 10 in one million for long-term operational emissions or 1 per 100,000 population for temporary constructionrelated emissions. Measures may include, but would not be limited to:
 Use of diesel-fueled equipment equipped with Tier 4 (or Tier 3 if the Tier 4 standard is unavailable) USEPA engine standards. The USEPA estimates that Tier 4 engines
would reduce PM emissions by approximately 90 percent
compared to the USEPA Tier 2 standards (USEPA 2008).
 Retrofit off-road diesel equipment with Verified Diesel Emissions Control Strategy (VDECS) like Diesel
Particulate Filters (DPF). Particulate Matter level 3 VDECS can provide at least an 85 percent reduction (CARB 2015).  Use alternatively fueled (e.g., natural gas) diesel
construction equipment, including all off-road and portable diesel-powered equipment.
 Use electrically driven equipment that is not powered by a portable generator set.
 Limit the hours of operation for heavy-duty equipment and/or limit the quantity of heavy-duty equipment operating at the same time.

Prior to issuance of
any grading permit
and/or building
permit; during
construction.

Development and
Engineering Services
Department – Plan
Check Services;
MBARD

Biological Resources
Mitigation Measure BIO-1: Nesting Bird Surveys and Avoidance.

The Project shall implement the following measures to mitigate for loss of nesting habitat of the Project in compliance with the federal Not more than 14
days prior to
vegetation
Development and
Engineering Services
Department –

Migratory Bird Treaty Act and relevant Fish and Game Codes:
 Avoidance. In order to avoid impacts to nesting raptors and migratory birds, the Project will be constructed, if feasible, from September 16th and January 31st, which is outside the avian nesting season.
 Preconstruction Surveys. If Project activities must occur during the nesting season (February 1-September 15), a
qualified biologist will conduct preconstruction surveys for active raptor and migratory bird nests within 10 days prior to the start of these activities. The survey will include the proposed work area(s) and surrounding lands within 500
feet, where accessible, for all nesting raptors and
migratory birds. If no active nests are found within the survey area, no further mitigation is required.
 Establish Buffers. Should any active nests be discovered near proposed work areas, no disturbance buffers of 250 feet around active nests of non-listed bird species and 500 feet around active nests of non-listed raptors will be
established. If work needs to occur within these no
disturbance buffers, a qualified biologist will monitor the nest daily for one week, and thereafter once a week,
throughout the duration of construction activity. Should the nature of construction activity significantly change, such that a higher level of disturbance will be generated,
monitoring will occur daily for one week and then resume the once-a-week regime. If, at any time, the biologist
determines that construction activity may be compromising nesting success, construction activity within the designated buffer will be altered or suspended until the biologist determines that the nest site is no longer susceptible to deleterious disturbance.
clearance.

Community
Development
Department
Cultural Resources
CUL-1 Historical Resources Identification and Treatment Plan Prior to permit approval for development on the Project site, a Prior to permit
approval.

Development and
Engineering Services

historical resources evaluation shall be completed for that individual site to confirm if existing buildings and/or structures withing these sites qualify as historical resources as defined by Section 15064.5(a) of CEQA Guidelines. The evaluation shall be prepared by a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualifications Standards (PQS) in architectural history or history. The qualified architectural historian or historian shall conduct an intensive-level evaluation in accordance with the guidelines and best practices promulgated by the State Office of Historic Preservation to identify any potential historical resources within the proposed project area.

All properties 45 years of age or older shall be evaluated within their historic context and documented in a report meeting the State Office of Historic Preservation guidelines. All evaluated properties shall be documented on Department of Parks and Recreation Series 523 Forms. The report shall be submitted to the City for review and concurrence.

Any relocation, rehabilitation, or alteration of the resource shall be implemented consistent with the Secretary of the Interior’s Standards for the Treatments of Historic Properties (Standards).

In accordance with CEQA, a project that has been determined to conform with the Standards generally would not cause a
significant adverse direct or indirect impact to historical resources (14 CCR Section 15126.4[b][1]). Application of the Standards shall be overseen by a qualified architectural historian or historic architect meeting the PQS. In conjunction with any development application that may affect the historical resource, a report identifying and specifying the treatment of character-defining features and construction activities shall be provided to the City for review and concurrence, in addition to the historical resources evaluation.

If significant historical resources are identified on a development Department –
Community
Development
Department

site and compliance with the Standards and or avoidance is not feasible, the applicant or developer shall provide a report explaining why compliance with the Standards and or avoidance is not feasible for the City’s review and approval. Site-specific mitigation measures shall be established and undertaken, including, but not limited to, documentation of the historical resource in the form of a Historic American Buildings Survey-Like report. The report shall be commissioned by the project applicant or their consultant to comply with the Secretary of the Interior’s Standards for Architectural and Engineering Documentation and shall generally follow the Historic American Buildings Survey Level III requirements, including digital photographic recordation, detailed historic narrative report, and compilation of historic research. The documentation shall be completed by a qualified architectural historian or historian who meets the PQS and submitted to the City prior to issuance of any permits for demolition or alteration of the historical resource.

Mitigation Measure CUL-2 Phase I Cultural Resources Study Prior to the issuance of any grading or construction permits for each individual site, a Phase I cultural resources study shall be performed by a qualified professional meeting the Secretary of the Interior’s (SOI’s) Professional Qualification Standards (PQS) for archaeology (National Park Service 1983). The Phase I cultural resources study shall include a pedestrian survey of the project site when appropriate and sufficient background research and field sampling to determine whether archaeological resources may be present. Archival research shall include a records search of the Northwest Information Center (NWIC) no more than two years old and a Sacred Lands File search with the NAHC. The Phase I technical report documenting the study shall include
recommendations that shall be implemented prior to and/or during construction to avoid or reduce impacts to archaeological resources. Recommendations may include, but would not be limited to, archaeological construction monitoring, sensitivity Prior to issuance of
grading or
construction
permits.

Development and
Engineering Services
Department –
Community
Development
Department

training, or additional testing and mitigation (outlined in Mitigation Measures CUL-3 through CUL-7). The report shall be submitted to the City for review and approval prior to the issuance of any grading or construction permits. The City shall include recommendations in the Phase I technical report as Conditions of Approval to be implemented throughout all ground disturbance activities. The final report shall be submitted to the NWIC.

Mitigation Measure CUL-3 Extended Phase I Testing
If recommended by the Phase I study for each individual site (Mitigation Measure CUL-2), the project applicant shall retain a qualified archaeologist to conduct an Extended Phase I (XPI) study to determine the presence/absence and extent of
archaeological resources on the project site. XPI testing shall include a series of shovel test pits and/or hand augured units and/or mechanical trenching to establish the boundaries of archaeological site(s) on the project site. If the boundaries of the archaeological site are already well understood from previous archaeological work, an XPI will not be required. All
archaeological excavation shall be conducted by a qualified archaeologist(s) under the direction of a principal investigator meeting the SOI’s PQS for archaeology (National Park Service 1983). If an XPI report is prepared, it shall be submitted to the City for review and approval prior to the issuance of a grading or construction permit. Recommendations therein shall be
implemented for all ground disturbance activities.

Recommendations may include, but would not be limited to, site avoidance, Phase II Site Evaluation, Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-4, CUL-5, CUL-7, and CUL8). The final report shall be submitted to the NWIC.

Prior to the
issuance of a
grading or
construction permit.

Development and
Engineering Services
Department –
Community
Development
Department

Mitigation Measure CUL-4 Archaeological Site Avoidance
Any identified archaeological sites (determined after implementing Mitigation Measures CUL-2 and/or CUL-3) or archaeological resources encountered during ground-disturbing activities shall be During
construction.

Development and
Engineering Services
Department –
Community

avoided by project-related construction activities, where feasible.

A barrier (temporary fencing) and flagging shall be placed between the work location and any resources within 60 feet of a work location to minimize the potential for inadvertent impacts. If the resource cannot be avoided, Mitigation Measure CUL-5 shall be implemented.

Development
Department
Mitigation Measure CUL-5 Phase II Site Evaluation
If the results of any Phase I and/or XPI for each individual site (Mitigation Measures CUL-2 and/or CUL-3) indicate the presence of archaeological resources that cannot be avoided by the project (Mitigation Measure CUL-4) and that have not been adequately evaluated for the NRHP or CRHR listing at the project site, the qualified archaeologist shall conduct a Phase II investigation to determine if intact deposits remain and if they may be eligible for the CRHR or qualify as unique archaeological resources. If the archaeological resource(s) of concern are Native American in origin, the qualified archaeologist shall confer with the City and local California Native American tribe(s).

A Phase I evaluation shall include any necessary archival research to identify significant historical associations and mapping of surface artifacts, collection of functionally or temporally diagnostic tools and debris, and excavation of a sample of the cultural deposit. The sample excavation would be carried out to characterize the nature of the site(s), define the artifact and feature contents, determine horizontal and vertical boundaries, and retrieve representative samples of artifacts and other remains.

If the archaeologist and, if applicable, a Native American monitor or other interested tribal representative determine it is appropriate, cultural materials collected from the site shall be processed and analyzed in a laboratory according to standard archaeological procedures. The age of the materials shall be determined using radiocarbon dating and/or other appropriate procedures; lithic artifacts, faunal remains, and other cultural materials shall be During
construction.

Development and
Engineering Services
Department –
Community
Development
Department

identified and analyzed according to current professional standards. The significance of the site(s) shall be evaluated according to the criteria of the CRHR and if applicable, NRHP.

The results of the investigations shall be presented in a technical report following the standards of the California Office of Historic Preservation publication “Archaeological Resource Management Reports: Recommended Content and Format (1990 or latest edition).” Recommendations in the Phase II report shall be implemented for all ground disturbance activities.

Recommendations may include, but would not be limited to, Phase III Data Recovery, Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-6 through CUL-8). The report shall be submitted to the City for review and approval prior to the issuance of any grading or construction permits. The final report shall be submitted to the NWIC.

Mitigation Measure CUL-6 Phase III Data Recovery
Should the results of the Phase II site evaluation for each individual site (Mitigation Measure CUL-5) yield resources that meet CRHR significance standards and if the resource cannot be avoided by project construction in accordance with CUL-4, the project applicant shall ensure that all feasible recommendations for mitigation of archaeological impacts are incorporated into the final design and approved by the City prior to construction. Any necessary Phase III data recovery excavation, conducted to exhaust the data potential of significant archaeological sites, shall be carried out by a qualified archaeologist meeting the SOI’s PQS for archeology (National Park Service 1983). Data recovery shall be conducted in accordance with a research design reviewed and approved by the City, prepared in advance of fieldwork, and using the appropriate archaeological field and laboratory methods consistent with the California Office of Historic Preservation Planning Bulletin 5 (1991), Guidelines for Archaeological Research Design, or the latest edition thereof. If the
During
construction.

Development and
Engineering Services
Department –
Community
Development
Department

archaeological resource(s) of concern are Native American in origin, the qualified archaeologist shall confer with the City and local California Native American tribe(s).

As applicable, the final Phase III Data Recovery reports shall be submitted to the City prior to issuance of any grading or construction permit. Recommendations contained therein shall be implemented throughout all ground disturbance activities.

Recommendations may include, but would not be limited to, Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-7 and CUL-8).

The final report shall be submitted to the NWIC upon completion.

Mitigation Measure CUL-7 Cultural Resources Monitoring
If recommended by Phase I, XPI, Phase II, or Phase III studies for each individual site (Mitigation Measures CUL-2, CUL-3, CUL-5, and/or CUL-6), the project applicant shall retain a qualified archaeologist to monitor project-related, ground-disturbing activities which may include the following but not limited to:
grubbing, vegetation removal, trenching, grading, and/or excavations. The archaeological monitor shall coordinate with any Native American monitor as required. Monitoring logs must be completed by the archaeologist daily. Cultural resources monitoring may be reduced for the project if the qualified archaeologist finds it appropriate to reduce the monitoring efforts.

Upon completion of ground disturbance for the project, a final report must be submitted to the City for review and approval documenting the monitoring efforts, cultural resources find, and resource disposition. The final report shall be submitted to the NWIC.

During
construction.

Development and
Engineering Services
Department –
Community
Development
Department

Mitigation Measure CUL-8 Unanticipated Discovery of Cultural Resources
If archaeological resources are encountered during grounddisturbing activities, work within 50 feet shall be halted and the project archaeologist meeting the SOI’s PQS for archeology (National Park Service 1983) shall immediately to evaluate the During
construction.

Development and
Engineering Services
Department –
Community
Development
Department

find pursuant to Public Resources Code Section 21083.2. If necessary, the evaluation may require preparation of a treatment plan and archaeological testing for CRHR eligibility. If the discovery proves to be significant under CEQA and cannot be avoided by the project, additional work may be warranted, such as data recovery excavation, to mitigate any significant impacts to significant resources. If the resource is of Native American origin, implementation of Mitigation Measures TCR-1 may be required.

Any reports required to document and/or evaluate unanticipated discoveries shall be submitted to the City for review and approval and submitted to the NWIC after completion. Recommendations contained therein shall be implemented throughout the remainder of ground disturbance activities.

Greenhouse Gas Emissions
Mitigation Measure GHG-1: Future development shall install EV charging infrastructure according to the most ambitious voluntary standard in the California Green Building Standards Code at the time of project approval.

Prior to permit
approval.

Development and
Engineering Services
Department –
Community
Development
Department

Mitigation Measure GHG-2: Future development shall provide no more parking spaces than the off-street parking requirements established in the City of Salinas Municipal Code. Alternatively, multi-family residential development can choose to unbundle parking costs with costs to rent or own a residential unit instead of meeting the maximum off-parking requirement.

Prior to permit
approval.

Development and
Engineering Services
Department –
Community
Development
Department

Hazards and Hazardous Material
Mitigation Measure HAZ-1: Prior to the obtaining grading permits or starting other ground disturbing work for each individual parcel, the City shall hire a qualified environmental professional to conduct a Phase I environmental assessment (ESA), consistent with the American Society for Testing Materials standards (ASTM E1527). The Phase I ESA shall evaluate the likelihood that Prior to obtaining
grading permits or
starting other
ground disturbing
work for each
individual parcel.

Development and
Engineering Services
Department –
Community
Development
Department.

hazardous chemicals are present and whether soil sampling is necessary. If the Phase I ESA indicates that contamination is unlikely, no further mitigation is necessary other than any recommendations identified in the Phase I ESA (such as stopping work if stained soil is encountered). If the Phase I ESA indicates that additional soil sampling or other further evaluation is necessary, the City and/or future developer shall hire a qualified environmental professional to conduct a Phase II ESA to determine the presence and extent of contamination. If the results indicate that contamination exists at levels above regulatory action standards, then the site shall be remediated in accordance with recommendations made by applicable regulatory agencies, including RWQCB and DTSC. The agencies involved shall
depend on the type and extent of contamination. If remediation is necessary, the City shall hire a qualified environmental professional prior to obtaining grading permits or ground disturbance to prepare a work plan that identifies necessary remediation activities, including excavation and removal of on-site contaminated soils, appropriate dust control measures, and redistribution of clean fill material on the project site. The plan shall include measures that ensure the safe transport, use, and disposal of contaminated soil removed from the site. The plan shall also identify when and where soil disturbing construction activities may safely commence. The City shall review and approve the work plan prior to issuance of demolition or grading permits. The City shall require individual projects to comply with the work plan as a condition of approval.

Hydrology and Water Quality
Mitigation Measure HYD-1: Future Development projects on the subject site that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500-dwelling unit project are required to prepare a Water Supply Assessment.

Prior to permit
approval.

Development and
Engineering Services
Department –
Community
Development
Department

Noise
Mitigation Measure NOI-1: Prior to ground disturbing activities, the City of Salinas shall ensure the following with the Project proponent:
 Construction equipment, fixed of mobile, shall be outfitted with properly operating and maintained mufflers.
 Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging
areas and occupied residential areas, and using electric air compressors and similar power tools rather than diesel
equipment shall be used.
 During construction, stationary construction equipment shall be located so that emitted noise is directed away from or shielded from sensitive noise receivers.

During
construction.

Development and
Engineering Services
Department –
Community
Development
Department.

Mitigation Measure NOI-2: The use of heavy construction equipment within 25 feet of existing structures shall be prohibited.

During
construction.

Development and
Engineering Services
Department –
Community
Development
Department.

Transportation
Mitigation Measure TRANS-1: To maintain safety standards at all intersections and roadway segments pursuant to implementation actions identified in the Vision Zero Action Plan, a traffic impact study shall be required for all development projects anticipated to generate 110 or more new daily vehicle trips within the Project Area, unless not required by the City. Depending on the results of this study, future developments may be required to construct or contribute to street safety improvements to meet the demand generated by the project. Improvements shall be in accordance with the City of Salinas’ Vision Zero Action Plan (i.e. pedestrianPrior to permit approval.

Development and
Engineering Services
Department –Traffic
Engineering and Plan
Check Services

activated crosswalk warning beacon, high visibility crosswalks, pedestrian hybrid beacon, reduced parking at intersection, intersection control, raised median and street trees, protected bike lanes, and lane reduction). These improvements shall be required as conditions of approval.

Tribal Cultural Resources
Mitigation Measure TCR-1 Inadvertent Discoveries During Construction
In the event that cultural resources of Native American origin are identified during grading or construction, all earth disturbing work within the vicinity of the find shall be temporarily suspended or redirected until a qualified archaeologist has evaluated the nature and significance of the find; an appropriate Native American representative, based on the nature of the find, is consulted; and mitigation measures are put in place for the disposition and protection of any find pursuant to Public Resources Code Section 21083.2. If the City, in consultation with local Native Americans, determines that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with state guidelines and in
consultation with local Native American group(s) prior to continuation of any earth disturbing work within the vicinity of the find. The plan shall include avoidance of the resource or, if avoidance of the resource is infeasible, shall outline the appropriate treatment of the resource in coordination with the appropriate local Native American tribal representative and, if applicable, a qualified archaeologist. Examples of appropriate mitigation for tribal cultural resources include, but are not limited to, protecting the cultural character and integrity of the resource, protecting traditional use of the resource, protecting the confidentiality of the resource, or heritage recovery.

During
construction.

Development and
Engineering Services
Department –
Community
Development
Department.

Utilities and Service Systems
Mitigation Measure UTL-1: New development generating
wastewater flows that results in a downstream exceedance of Prior to permit
approval.

Development and
Engineering Services

0.75 d/D shall construct system upgrades for those found to be insufficient in capacity per the requirements of the Public Works Department. The flow shall be verified through a sewer modeling program during the planning and design phase, prior to
entitlement approval. The model shall evaluate pipeline capacity, flow velocity, and maximum d/D ratio for normal, dry, and wet weather conditions.

Department

EDGE OF DOWNTOWN/FRONT AND JOHN STREETS

MITIGATION MONITORING AND REPORTING PROGRAM
APNs 002-362-021-000, 002-362-008-000, 002-362-009-000, 002-362-015-000, 002-362-017-000, 002-362-019-000, 002-362-020-000, and 002-382-072-000
(GENERAL PLAN AMENDMENT 2022-002 AND REZONE 2022-002)
Mitigation Measures
Timing of
Verification
Responsible for
Verification
Verification of
Completion
Date Initials
Air Quality
Mitigation Measure AQ-1: Construction Air Quality. During construction, the applicant or successor in interest for each individual site shall:
 Limit grading to 8.1 acres per day, and limit grading and excavation to

2.2 acres per day.
 Provide watering trucks on site to maintain adequate soil moisture during grading and water
graded/excavated areas at least twice daily, thus minimizing dust generation. In addition, the
water trucks shall be used to wash down trucks and tractors, including earth loads, prior to
entering public roadways.
 Prohibit all grading activities whenever wind speeds exceed 15 miles per hour (mph).
 Maintain a minimum of two feet for freeboard for all haul trucks.  Cover all trucks hauling dirt, sand, or loose materials.  Cover inactive storage piles.
 Enforce a 15-mph speed limit for all unpaved surfaces when visible dust clouds are formed by vehicle movement.
 Place gravel base near site entrances to clean tires prior to entering public roadways.

During
construction
.

Development and
Engineering
Services
Department – Plan
Check Service

Mitigation Measure AQ-2: MBARD Health Risk Consultation. Prior to issuance Prior to Development and

of any grading permit and/or building permit for each individual site, the applicant or successor in interest shall consult with MBARD regarding the potential need for a diesel health risk assessment (HRA). If required, the applicant or successor in interest shall prepare a diesel HRA and shall implement the measures contained therein to ensure that project-specific emissions are below MBARD’s established health risk thresholds: hazard index greater than 1 for acute or chronic impacts, and cancer risk greater than 10 in one million for long-term operational emissions or 1 per 100,000 population for temporary construction-related emissions. Measures may include, but would not be limited to:
 Use of diesel-fueled equipment equipped with Tier 4 (or Tier 3 if the Tier 4 standard is unavailable) USEPA engine standards. The USEPA estimates that Tier 4 engines would reduce PM emissions by approximately 90 percent compared to the USEPA Tier 2 standards (USEPA 2008).
 Retrofit off-road diesel equipment with Verified Diesel Emissions Control Strategy (VDECS) like Diesel Particulate Filters (DPF).

Particulate Matter level 3 VDECS can provide at least an 85 percent reduction (CARB 2015).
 Use alternatively fueled (e.g., natural gas) diesel construction equipment, including all off-road and portable diesel-powered equipment.
 Use electrically driven equipment that is not powered by a portable generator set.
 Limit the hours of operation for heavy-duty equipment and/or limit the quantity of heavy-duty equipment operating at the same time. issuance of
any grading
permit
and/or
building
permit;
during
construction
.

Engineering
Services
Department – Plan
Check Services;
MBARD
Biological Resources
Mitigation Measure BIO-1: Nesting Bird Surveys and Avoidance. The Project shall implement the following measures to mitigate for loss of nesting habitat of the Project in compliance with the federal Migratory Bird Treaty Act and relevant Fish and Game Codes:
 Avoidance. In order to avoid impacts to nesting raptors and migratory birds, the Project will be constructed, if feasible, from September 16th and January 31st, which is outside the avian nesting season.

Not more
than 14
days prior to
vegetation
clearance.

Development and
Engineering
Services
Department –
Community
Development
Department

 Preconstruction Surveys. If Project activities must occur during the nesting season (February 1-September 15), a qualified biologist will conduct preconstruction surveys for active raptor and migratory bird nests within 10 days prior to the start of these activities. The survey will include the proposed work area(s) and surrounding lands within 500 feet, where accessible, for all nesting raptors and migratory birds. If no active nests are found within the survey area, no further mitigation is required.
 Establish Buffers. Should any active nests be discovered near proposed work areas, no disturbance buffers of 250 feet around active nests of non-listed bird species and 500 feet around active nests of non-listed raptors will be established. If work needs to occur within these no disturbance buffers, a qualified biologist will monitor the nest daily for one week, and thereafter once a week, throughout the duration of construction activity. Should the nature of construction activity significantly change, such that a higher level of disturbance will be generated, monitoring will occur daily for one week and then resume the once-a-week regime. If, at any time, the biologist determines that construction activity may be compromising nesting success, construction activity within the designated buffer will be altered or suspended until the biologist determines that the nest site is no longer susceptible to deleterious disturbance.

Cultural Resources
CUL-1 Historical Resources Identification and Treatment Plan Prior to permit approval for development on the Project site, a historical resources evaluation shall be completed for that individual site to confirm if existing buildings and/or structures withing these sites qualify as historical resources as defined by Section 15064.5(a) of CEQA Guidelines. The evaluation shall be prepared by a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualifications Standards (PQS) in architectural history or history. The qualified architectural historian or historian shall conduct an intensive-level evaluation in accordance with the guidelines and best practices promulgated by the State Office of Historic Preservation to identify any potential historical resources within the proposed Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

project area. All properties 45 years of age or older shall be evaluated within their historic context and documented in a report meeting the State Office of Historic Preservation guidelines. All evaluated properties shall be documented on Department of Parks and Recreation Series 523 Forms. The report shall be submitted to the City for review and concurrence.

Any relocation, rehabilitation, or alteration of the resource shall be implemented consistent with the Secretary of the Interior’s Standards for the Treatments of Historic Properties (Standards). In accordance with CEQA, a project that has been determined to conform with the Standards generally would not cause a significant adverse direct or indirect impact to historical resources (14 CCR Section 15126.4[b][1]). Application of the Standards shall be overseen by a qualified architectural historian or historic architect meeting the PQS. In conjunction with any development application that may affect the historical resource, a report identifying and specifying the treatment of character-defining features and construction activities shall be provided to the City for review and concurrence, in addition to the historical resources evaluation.

If significant historical resources are identified on a development site and compliance with the Standards and or avoidance is not feasible, the applicant or developer shall provide a report explaining why compliance with the Standards and or avoidance is not feasible for the City’s review and approval.

Site-specific mitigation measures shall be established and undertaken, including, but not limited to, documentation of the historical resource in the form of a Historic American Buildings Survey-Like report. The report shall be commissioned by the project applicant or their consultant to comply with the Secretary of the Interior’s Standards for Architectural and Engineering Documentation and shall generally follow the Historic American Buildings Survey Level III requirements, including digital photographic recordation, detailed historic narrative report, and compilation of historic research. The documentation shall be completed by a qualified architectural historian or historian who meets the PQS and submitted to the City prior to issuance of any permits for demolition or alteration of the historical resource.

Mitigation Measure CUL-2 Phase I Cultural Resources Study Prior to the issuance of any grading or construction permits for each individual Prior to
issuance of
Development and
Engineering

site, a Phase I cultural resources study shall be performed by a qualified professional meeting the Secretary of the Interior’s (SOI’s) Professional Qualification Standards (PQS) for archaeology (National Park Service 1983).

The Phase I cultural resources study shall include a pedestrian survey of the project site when appropriate and sufficient background research and field sampling to determine whether archaeological resources may be present.

Archival research shall include a records search of the Northwest Information Center (NWIC) no more than two years old and a Sacred Lands File search with the NAHC. The Phase I technical report documenting the study shall include recommendations that shall be implemented prior to and/or during construction to avoid or reduce impacts to archaeological resources.

Recommendations may include, but would not be limited to, archaeological construction monitoring, sensitivity training, or additional testing and mitigation (outlined in Mitigation Measures CUL-3 through CUL-7). The report shall be submitted to the City for review and approval prior to the issuance of any grading or construction permits. The City shall include recommendations in the Phase I technical report as Conditions of Approval to be implemented throughout all ground disturbance activities. The final report shall be submitted to the NWIC.
grading or
construction
permits.

Services
Department –
Community
Development
Department
Mitigation Measure CUL-3 Extended Phase I Testing
If recommended by the Phase I study for each individual site (Mitigation Measure CUL-2), the project applicant shall retain a qualified archaeologist to conduct an Extended Phase I (XPI) study to determine the presence/absence and extent of archaeological resources on the project site. XPI testing shall include a series of shovel test pits and/or hand augured units and/or mechanical trenching to establish the boundaries of archaeological site(s) on the project site. If the boundaries of the archaeological site are already well understood from previous archaeological work, an XPI will not be required. All archaeological excavation shall be conducted by a qualified archaeologist(s) under the direction of a principal investigator meeting the SOI’s PQS for archaeology (National Park Service 1983). If an XPI report is prepared, it shall be submitted to the City for review and approval prior to the issuance of a grading or construction permit. Recommendations therein shall be implemented for all ground disturbance activities. Recommendations may Prior to the
issuance of
a grading or
construction
permit.

Development and
Engineering
Services
Department –
Community
Development
Department

include, but would not be limited to, site avoidance, Phase II Site Evaluation, Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-4, CUL-5, CUL-7, and CUL-8). The final report shall be submitted to the NWIC.

Mitigation Measure CUL-4 Archaeological Site Avoidance
Any identified archaeological sites (determined after implementing Mitigation Measures CUL-2 and/or CUL-3) or archaeological resources encountered during ground-disturbing activities shall be avoided by project-related construction activities, where feasible. A barrier (temporary fencing) and flagging shall be placed between the work location and any resources within 60 feet of a work location to minimize the potential for inadvertent impacts. If the resource cannot be avoided, Mitigation Measure CUL-5 shall be implemented.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

Mitigation Measure CUL-5 Phase II Site Evaluation
If the results of any Phase I and/or XPI for each individual site (Mitigation Measures CUL-2 and/or CUL-3) indicate the presence of archaeological resources that cannot be avoided by the project (Mitigation Measure CUL-4) and that have not been adequately evaluated for the NRHP or CRHR listing at the project site, the qualified archaeologist shall conduct a Phase II investigation to determine if intact deposits remain and if they may be eligible for the CRHR or qualify as unique archaeological resources. If the archaeological resource(s) of concern are Native American in origin, the qualified archaeologist shall confer with the City and local California Native American tribe(s).

A Phase I evaluation shall include any necessary archival research to identify significant historical associations and mapping of surface artifacts, collection of functionally or temporally diagnostic tools and debris, and excavation of a sample of the cultural deposit. The sample excavation would be carried out to characterize the nature of the site(s), define the artifact and feature contents, determine horizontal and vertical boundaries, and retrieve representative samples of artifacts and other remains.

If the archaeologist and, if applicable, a Native American monitor or other interested tribal representative determine it is appropriate, cultural materials collected from the site shall be processed and analyzed in a laboratory During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

according to standard archaeological procedures. The age of the materials shall be determined using radiocarbon dating and/or other appropriate procedures; lithic artifacts, faunal remains, and other cultural materials shall be identified and analyzed according to current professional standards. The significance of the site(s) shall be evaluated according to the criteria of the CRHR and if applicable, NRHP. The results of the investigations shall be presented in a technical report following the standards of the California Office of Historic Preservation publication “Archaeological Resource Management Reports: Recommended Content and Format (1990 or latest edition).” Recommendations in the Phase II report shall be implemented for all ground disturbance activities. Recommendations may include, but would not be limited to, Phase III Data Recovery, Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-6 through CUL-8). The report shall be submitted to the City for review and approval prior to the issuance of any grading or construction permits. The final report shall be submitted to the NWIC.

Mitigation Measure CUL-6 Phase III Data Recovery
Should the results of the Phase II site evaluation for each individual site (Mitigation Measure CUL-5) yield resources that meet CRHR significance standards and if the resource cannot be avoided by project construction in accordance with CUL-4, the project applicant shall ensure that all feasible recommendations for mitigation of archaeological impacts are incorporated into the final design and approved by the City prior to construction. Any necessary Phase III data recovery excavation, conducted to exhaust the data potential of significant archaeological sites, shall be carried out by a qualified archaeologist meeting the SOI’s PQS for archeology (National Park Service 1983). Data recovery shall be conducted in accordance with a research design reviewed and approved by the City, prepared in advance of fieldwork, and using the appropriate archaeological field and laboratory methods consistent with the California Office of Historic Preservation Planning Bulletin 5 (1991), Guidelines for Archaeological Research Design, or the latest edition thereof. If the archaeological resource(s) of concern are Native American in origin, the qualified archaeologist shall confer with the City and local California Native American tribe(s).

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

As applicable, the final Phase III Data Recovery reports shall be submitted to the City prior to issuance of any grading or construction permit.

Recommendations contained therein shall be implemented throughout all ground disturbance activities. Recommendations may include, but would not be limited to, Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-7 and CUL-8).

The final report shall be submitted to the NWIC upon completion.

Mitigation Measure CUL-7 Cultural Resources Monitoring
If recommended by Phase I, XPI, Phase II, or Phase III studies for each individual site (Mitigation Measures CUL-2, CUL-3, CUL-5, and/or CUL-6), the project applicant shall retain a qualified archaeologist to monitor projectrelated, ground-disturbing activities which may include the following but not limited to: grubbing, vegetation removal, trenching, grading, and/or excavations. The archaeological monitor shall coordinate with any Native American monitor as required. Monitoring logs must be completed by the archaeologist daily. Cultural resources monitoring may be reduced for the project if the qualified archaeologist finds it appropriate to reduce the monitoring efforts. Upon completion of ground disturbance for the project, a final report must be submitted to the City for review and approval documenting the monitoring efforts, cultural resources find, and resource disposition. The final report shall be submitted to the NWIC.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

Mitigation Measure CUL-8 Unanticipated Discovery of Cultural Resources If archaeological resources are encountered during ground-disturbing activities, work within 50 feet shall be halted and the project archaeologist meeting the SOI’s PQS for archeology (National Park Service 1983) shall immediately to evaluate the find pursuant to Public Resources Code Section 21083.2. If necessary, the evaluation may require preparation of a treatment plan and archaeological testing for CRHR eligibility. If the discovery proves to be significant under CEQA and cannot be avoided by the project, additional work may be warranted, such as data recovery excavation, to mitigate any significant impacts to significant resources. If the resource is of Native American origin, implementation of Mitigation Measures TCR-1 may be required. Any reports required to document and/or evaluate unanticipated discoveries shall be submitted to the City for review and approval and During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

submitted to the NWIC after completion. Recommendations contained therein shall be implemented throughout the remainder of ground disturbance activities.

Greenhouse Gas Emissions
Mitigation Measure GHG-1: Future development shall install EV charging infrastructure according to the most ambitious voluntary standard in the California Green Building Standards Code at the time of project approval.

Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

Mitigation Measure GHG-2: Future development shall provide no more parking spaces than the off-street parking requirements established in the City of Salinas Municipal Code. Alternatively, multi-family residential development can choose to unbundle parking costs with costs to rent or own a residential unit instead of meeting the maximum off-parking requirement.

Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

Noise
Mitigation Measure NOI-1: Prior to ground disturbing activities, the City of Salinas shall ensure the following with the Project proponent:
 Construction equipment, fixed of mobile, shall be outfitted with properly operating and maintained mufflers.
 Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and using electric air compressors and similar power tools rather than diesel equipment shall be used.
 During construction, stationary construction equipment shall be located so that emitted noise is directed away from or shielded from sensitive noise receivers.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department.

Mitigation Measure NOI-2: The use of heavy construction equipment within 25 During Development and

feet of existing structures shall be prohibited. construction .

Engineering
Services
Department –
Community
Development
Department.

Transportation
Mitigation Measure TRANS-1: To maintain safety standards at all intersections and roadway segments pursuant to implementation actions identified in the Vision Zero Action Plan, a traffic impact study shall be required for all development projects anticipated to generate 110 or more new daily vehicle trips within the Project Area, unless not required by the City. Depending on the results of this study, future developments may be required to construct or contribute to street safety improvements to meet the demand generated by the project. Improvements shall be in accordance with the City of Salinas’ Vision Zero Action Plan (i.e. pedestrian-activated crosswalk warning beacon, high visibility crosswalks, pedestrian hybrid beacon, reduced parking at intersection, intersection control, raised median and street trees, protected bike lanes, and lane reduction). These improvements shall be required as conditions of approval.

Prior to
permit
approval.

Development and
Engineering
Services
Department –
Traffic Engineering
and Plan Check
Services

Tribal Cultural Resources
Mitigation Measure TCR-1 Inadvertent Discoveries During Construction In the event that cultural resources of Native American origin are identified during grading or construction, all earth disturbing work within the vicinity of the find shall be temporarily suspended or redirected until a qualified archaeologist has evaluated the nature and significance of the find; an appropriate Native American representative, based on the nature of the find, is consulted; and mitigation measures are put in place for the disposition and protection of any find pursuant to Public Resources Code Section 21083.2. If the City, in consultation with local Native Americans, determines that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with state guidelines and in consultation with local Native American group(s) prior to continuation of any earth disturbing work within the vicinity of the find. The plan shall include During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department.

avoidance of the resource or, if avoidance of the resource is infeasible, shall outline the appropriate treatment of the resource in coordination with the appropriate local Native American tribal representative and, if applicable, a qualified archaeologist. Examples of appropriate mitigation for tribal cultural resources include, but are not limited to, protecting the cultural character and integrity of the resource, protecting traditional use of the resource, protecting the confidentiality of the resource, or heritage recovery.

Utilities and Service Systems
Mitigation Measure UTL-1: New development generating wastewater flows that results in a downstream exceedance of 0.75 d/D shall construct system upgrades for those found to be insufficient in capacity per the requirements of the Public Works Department. The flow shall be verified through a sewer modeling program during the planning and design phase, prior to entitlement approval. The model shall evaluate pipeline capacity, flow velocity, and maximum d/D ratio for normal, dry, and wet weather conditions.

Prior to
permit
approval.

Development and
Engineering
Services
Department

FOODS CO SHOPPING CENTER

MITIGATION MONITORING AND REPORTING PROGRAM
APNs 003-894-005-000, 003-894-006-000, 003-891-014-000, 003-891-015-000, 003-891-016-000, 003-891-017-000, 003-891-018-000, and 003-891-019-000
(GENERAL PLAN AMENDMENT 2022-002 AND REZONE 2022-002)
Mitigation Measures
Timing of
Verification
Responsible for
Verification
Verification of
Completion
Date Initials
Air Quality
Mitigation Measure AQ-1: Construction Air Quality. During construction, the applicant or successor in interest for each individual site shall:
 Limit grading to 8.1 acres per day, and limit grading and excavation to

2.2 acres per day.
 Provide watering trucks on site to maintain adequate soil moisture during grading and water
graded/excavated areas at least twice daily, thus minimizing dust generation. In addition, the
water trucks shall be used to wash down trucks and tractors, including earth loads, prior to
entering public roadways.
 Prohibit all grading activities whenever wind speeds exceed 15 miles per hour (mph).
 Maintain a minimum of two feet for freeboard for all haul trucks.  Cover all trucks hauling dirt, sand, or loose materials.  Cover inactive storage piles.
 Enforce a 15-mph speed limit for all unpaved surfaces when visible dust clouds are formed by vehicle movement.
 Place gravel base near site entrances to clean tires prior to entering public roadways.

During
construction
.

Development and
Engineering
Services
Department – Plan
Check Service

Mitigation Measure AQ-2: MBARD Health Risk Consultation. Prior to issuance Prior to Development and

of any grading permit and/or building permit for each individual site, the applicant or successor in interest shall consult with MBARD regarding the potential need for a diesel health risk assessment (HRA). If required, the applicant or successor in interest shall prepare a diesel HRA and shall implement the measures contained therein to ensure that project-specific emissions are below MBARD’s established health risk thresholds: hazard index greater than 1 for acute or chronic impacts, and cancer risk greater than 10 in one million for long-term operational emissions or 1 per 100,000 population for temporary construction-related emissions. Measures may include, but would not be limited to:
 Use of diesel-fueled equipment equipped with Tier 4 (or Tier 3 if the Tier 4 standard is unavailable) USEPA engine standards. The USEPA estimates that Tier 4 engines would reduce PM emissions by approximately 90 percent compared to the USEPA Tier 2 standards (USEPA 2008).
 Retrofit off-road diesel equipment with Verified Diesel Emissions Control Strategy (VDECS) like Diesel Particulate Filters (DPF).

Particulate Matter level 3 VDECS can provide at least an 85 percent reduction (CARB 2015).
 Use alternatively fueled (e.g., natural gas) diesel construction equipment, including all off-road and portable diesel-powered equipment.
 Use electrically driven equipment that is not powered by a portable generator set.
 Limit the hours of operation for heavy-duty equipment and/or limit the quantity of heavy-duty equipment operating at the same time. issuance of
any grading
permit
and/or
building
permit;
during
construction
.

Engineering
Services
Department – Plan
Check Services;
MBARD
Biological Resources
Mitigation Measure BIO-1: Nesting Bird Surveys and Avoidance. The Project shall implement the following measures to mitigate for loss of nesting habitat of the Project in compliance with the federal Migratory Bird Treaty Act and relevant Fish and Game Codes:
 Avoidance. In order to avoid impacts to nesting raptors and migratory birds, the Project will be constructed, if feasible, from September 16th and January 31st, which is outside the avian nesting season.

Not more
than 14
days prior to
vegetation
clearance.

Development and
Engineering
Services
Department –
Community
Development
Department

 Preconstruction Surveys. If Project activities must occur during the nesting season (February 1-September 15), a qualified biologist will conduct preconstruction surveys for active raptor and migratory bird nests within 10 days prior to the start of these activities. The survey will include the proposed work area(s) and surrounding lands within 500 feet, where accessible, for all nesting raptors and migratory birds. If no active nests are found within the survey area, no further mitigation is required.
 Establish Buffers. Should any active nests be discovered near proposed work areas, no disturbance buffers of 250 feet around active nests of non-listed bird species and 500 feet around active nests of non-listed raptors will be established. If work needs to occur within these no disturbance buffers, a qualified biologist will monitor the nest daily for one week, and thereafter once a week, throughout the duration of construction activity. Should the nature of construction activity significantly change, such that a higher level of disturbance will be generated, monitoring will occur daily for one week and then resume the once-a-week regime. If, at any time, the biologist determines that construction activity may be compromising nesting success, construction activity within the designated buffer will be altered or suspended until the biologist determines that the nest site is no longer susceptible to deleterious disturbance.

Cultural Resources
CUL-1 Historical Resources Identification and Treatment Plan Prior to permit approval for development on the Project site, a historical resources evaluation shall be completed for that individual site to confirm if existing buildings and/or structures withing these sites qualify as historical resources as defined by Section 15064.5(a) of CEQA Guidelines. The evaluation shall be prepared by a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualifications Standards (PQS) in architectural history or history. The qualified architectural historian or historian shall conduct an intensive-level evaluation in accordance with the guidelines and best practices promulgated by the State Office of Historic Preservation to identify any potential historical resources within the proposed Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

project area. All properties 45 years of age or older shall be evaluated within their historic context and documented in a report meeting the State Office of Historic Preservation guidelines. All evaluated properties shall be documented on Department of Parks and Recreation Series 523 Forms. The report shall be submitted to the City for review and concurrence.

Any relocation, rehabilitation, or alteration of the resource shall be implemented consistent with the Secretary of the Interior’s Standards for the Treatments of Historic Properties (Standards). In accordance with CEQA, a project that has been determined to conform with the Standards generally would not cause a significant adverse direct or indirect impact to historical resources (14 CCR Section 15126.4[b][1]). Application of the Standards shall be overseen by a qualified architectural historian or historic architect meeting the PQS. In conjunction with any development application that may affect the historical resource, a report identifying and specifying the treatment of character-defining features and construction activities shall be provided to the City for review and concurrence, in addition to the historical resources evaluation.

If significant historical resources are identified on a development site and compliance with the Standards and or avoidance is not feasible, the applicant or developer shall provide a report explaining why compliance with the Standards and or avoidance is not feasible for the City’s review and approval.

Site-specific mitigation measures shall be established and undertaken, including, but not limited to, documentation of the historical resource in the form of a Historic American Buildings Survey-Like report. The report shall be commissioned by the project applicant or their consultant to comply with the Secretary of the Interior’s Standards for Architectural and Engineering Documentation and shall generally follow the Historic American Buildings Survey Level III requirements, including digital photographic recordation, detailed historic narrative report, and compilation of historic research. The documentation shall be completed by a qualified architectural historian or historian who meets the PQS and submitted to the City prior to issuance of any permits for demolition or alteration of the historical resource.

Mitigation Measure CUL-2 Phase I Cultural Resources Study Prior to the issuance of any grading or construction permits for each individual Prior to
issuance of
Development and
Engineering

site, a Phase I cultural resources study shall be performed by a qualified professional meeting the Secretary of the Interior’s (SOI’s) Professional Qualification Standards (PQS) for archaeology (National Park Service 1983).

The Phase I cultural resources study shall include a pedestrian survey of the project site when appropriate and sufficient background research and field sampling to determine whether archaeological resources may be present.

Archival research shall include a records search of the Northwest Information Center (NWIC) no more than two years old and a Sacred Lands File search with the NAHC. The Phase I technical report documenting the study shall include recommendations that shall be implemented prior to and/or during construction to avoid or reduce impacts to archaeological resources.

Recommendations may include, but would not be limited to, archaeological construction monitoring, sensitivity training, or additional testing and mitigation (outlined in Mitigation Measures CUL-3 through CUL-7). The report shall be submitted to the City for review and approval prior to the issuance of any grading or construction permits. The City shall include recommendations in the Phase I technical report as Conditions of Approval to be implemented throughout all ground disturbance activities. The final report shall be submitted to the NWIC.
grading or
construction
permits.

Services
Department –
Community
Development
Department
Mitigation Measure CUL-3 Extended Phase I Testing
If recommended by the Phase I study for each individual site (Mitigation Measure CUL-2), the project applicant shall retain a qualified archaeologist to conduct an Extended Phase I (XPI) study to determine the presence/absence and extent of archaeological resources on the project site. XPI testing shall include a series of shovel test pits and/or hand augured units and/or mechanical trenching to establish the boundaries of archaeological site(s) on the project site. If the boundaries of the archaeological site are already well understood from previous archaeological work, an XPI will not be required. All archaeological excavation shall be conducted by a qualified archaeologist(s) under the direction of a principal investigator meeting the SOI’s PQS for archaeology (National Park Service 1983). If an XPI report is prepared, it shall be submitted to the City for review and approval prior to the issuance of a grading or construction permit. Recommendations therein shall be implemented for all ground disturbance activities. Recommendations may Prior to the
issuance of
a grading or
construction
permit.

Development and
Engineering
Services
Department –
Community
Development
Department

include, but would not be limited to, site avoidance, Phase II Site Evaluation, Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-4, CUL-5, CUL-7, and CUL-8). The final report shall be submitted to the NWIC.

Mitigation Measure CUL-4 Archaeological Site Avoidance
Any identified archaeological sites (determined after implementing Mitigation Measures CUL-2 and/or CUL-3) or archaeological resources encountered during ground-disturbing activities shall be avoided by project-related construction activities, where feasible. A barrier (temporary fencing) and flagging shall be placed between the work location and any resources within 60 feet of a work location to minimize the potential for inadvertent impacts. If the resource cannot be avoided, Mitigation Measure CUL-5 shall be implemented.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

Mitigation Measure CUL-5 Phase II Site Evaluation
If the results of any Phase I and/or XPI for each individual site (Mitigation Measures CUL-2 and/or CUL-3) indicate the presence of archaeological resources that cannot be avoided by the project (Mitigation Measure CUL-4) and that have not been adequately evaluated for the NRHP or CRHR listing at the project site, the qualified archaeologist shall conduct a Phase II investigation to determine if intact deposits remain and if they may be eligible for the CRHR or qualify as unique archaeological resources. If the archaeological resource(s) of concern are Native American in origin, the qualified archaeologist shall confer with the City and local California Native American tribe(s).

A Phase I evaluation shall include any necessary archival research to identify significant historical associations and mapping of surface artifacts, collection of functionally or temporally diagnostic tools and debris, and excavation of a sample of the cultural deposit. The sample excavation would be carried out to characterize the nature of the site(s), define the artifact and feature contents, determine horizontal and vertical boundaries, and retrieve representative samples of artifacts and other remains.

If the archaeologist and, if applicable, a Native American monitor or other interested tribal representative determine it is appropriate, cultural materials collected from the site shall be processed and analyzed in a laboratory During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

according to standard archaeological procedures. The age of the materials shall be determined using radiocarbon dating and/or other appropriate procedures; lithic artifacts, faunal remains, and other cultural materials shall be identified and analyzed according to current professional standards. The significance of the site(s) shall be evaluated according to the criteria of the CRHR and if applicable, NRHP. The results of the investigations shall be presented in a technical report following the standards of the California Office of Historic Preservation publication “Archaeological Resource Management Reports: Recommended Content and Format (1990 or latest edition).” Recommendations in the Phase II report shall be implemented for all ground disturbance activities. Recommendations may include, but would not be limited to, Phase III Data Recovery, Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-6 through CUL-8). The report shall be submitted to the City for review and approval prior to the issuance of any grading or construction permits. The final report shall be submitted to the NWIC.

Mitigation Measure CUL-6 Phase III Data Recovery
Should the results of the Phase II site evaluation for each individual site (Mitigation Measure CUL-5) yield resources that meet CRHR significance standards and if the resource cannot be avoided by project construction in accordance with CUL-4, the project applicant shall ensure that all feasible recommendations for mitigation of archaeological impacts are incorporated into the final design and approved by the City prior to construction. Any necessary Phase III data recovery excavation, conducted to exhaust the data potential of significant archaeological sites, shall be carried out by a qualified archaeologist meeting the SOI’s PQS for archeology (National Park Service 1983). Data recovery shall be conducted in accordance with a research design reviewed and approved by the City, prepared in advance of fieldwork, and using the appropriate archaeological field and laboratory methods consistent with the California Office of Historic Preservation Planning Bulletin 5 (1991), Guidelines for Archaeological Research Design, or the latest edition thereof. If the archaeological resource(s) of concern are Native American in origin, the qualified archaeologist shall confer with the City and local California Native American tribe(s).

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

As applicable, the final Phase III Data Recovery reports shall be submitted to the City prior to issuance of any grading or construction permit.

Recommendations contained therein shall be implemented throughout all ground disturbance activities. Recommendations may include, but would not be limited to, Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-7 and CUL-8).

The final report shall be submitted to the NWIC upon completion.

Mitigation Measure CUL-7 Cultural Resources Monitoring
If recommended by Phase I, XPI, Phase II, or Phase III studies for each individual site (Mitigation Measures CUL-2, CUL-3, CUL-5, and/or CUL-6), the project applicant shall retain a qualified archaeologist to monitor projectrelated, ground-disturbing activities which may include the following but not limited to: grubbing, vegetation removal, trenching, grading, and/or excavations. The archaeological monitor shall coordinate with any Native American monitor as required. Monitoring logs must be completed by the archaeologist daily. Cultural resources monitoring may be reduced for the project if the qualified archaeologist finds it appropriate to reduce the monitoring efforts. Upon completion of ground disturbance for the project, a final report must be submitted to the City for review and approval documenting the monitoring efforts, cultural resources find, and resource disposition. The final report shall be submitted to the NWIC.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

Mitigation Measure CUL-8 Unanticipated Discovery of Cultural Resources If archaeological resources are encountered during ground-disturbing activities, work within 50 feet shall be halted and the project archaeologist meeting the SOI’s PQS for archeology (National Park Service 1983) shall immediately to evaluate the find pursuant to Public Resources Code Section 21083.2. If necessary, the evaluation may require preparation of a treatment plan and archaeological testing for CRHR eligibility. If the discovery proves to be significant under CEQA and cannot be avoided by the project, additional work may be warranted, such as data recovery excavation, to mitigate any significant impacts to significant resources. If the resource is of Native American origin, implementation of Mitigation Measures TCR-1 may be required. Any reports required to document and/or evaluate unanticipated discoveries shall be submitted to the City for review and approval and During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

submitted to the NWIC after completion. Recommendations contained therein shall be implemented throughout the remainder of ground disturbance activities.

Greenhouse Gas Emissions
Mitigation Measure GHG-1: Future development shall install EV charging infrastructure according to the most ambitious voluntary standard in the California Green Building Standards Code at the time of project approval.

Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

Mitigation Measure GHG-2: Future development shall provide no more parking spaces than the off-street parking requirements established in the City of Salinas Municipal Code. Alternatively, multi-family residential development can choose to unbundle parking costs with costs to rent or own a residential unit instead of meeting the maximum off-parking requirement.

Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

Hydrology and Water Quality
Mitigation Measure HYD-1: Future Development projects on the subject site that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500-dwelling unit project are required to prepare a Water Supply Assessment.

Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

Noise
Mitigation Measure NOI-1: Prior to ground disturbing activities, the City of Salinas shall ensure the following with the Project proponent:
 Construction equipment, fixed of mobile, shall be outfitted with properly operating and maintained mufflers.
 Construction noise reduction methods such as shutting off idling During
construction
.

Development and
Engineering
Services
Department –
Community

equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and using electric air compressors and similar power tools rather than diesel equipment shall be used.
 During construction, stationary construction equipment shall be located so that emitted noise is directed away from or shielded from sensitive noise receivers.

Development
Department.

Mitigation Measure NOI-2: The use of heavy construction equipment within 25 feet of existing structures shall be prohibited.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department.

Transportation
Mitigation Measure TRANS-1: To maintain safety standards at all intersections and roadway segments pursuant to implementation actions identified in the Vision Zero Action Plan, a traffic impact study shall be required for all development projects anticipated to generate 110 or more new daily vehicle trips within the Project Area, unless not required by the City. Depending on the results of this study, future developments may be required to construct or contribute to street safety improvements to meet the demand generated by the project. Improvements shall be in accordance with the City of Salinas’ Vision Zero Action Plan (i.e. pedestrian-activated crosswalk warning beacon, high visibility crosswalks, pedestrian hybrid beacon, reduced parking at intersection, intersection control, raised median and street trees, protected bike lanes, and lane reduction). These improvements shall be required as conditions of approval.

Prior to
permit
approval.

Development and
Engineering
Services
Department –
Traffic Engineering
and Plan Check
Services

Tribal Cultural Resources
Mitigation Measure TCR-1 Inadvertent Discoveries During Construction In the event that cultural resources of Native American origin are identified during grading or construction, all earth disturbing work within the vicinity of the find shall be temporarily suspended or redirected until a qualified archaeologist During
construction
.

Development and
Engineering
Services
Department –

has evaluated the nature and significance of the find; an appropriate Native American representative, based on the nature of the find, is consulted; and mitigation measures are put in place for the disposition and protection of any find pursuant to Public Resources Code Section 21083.2. If the City, in consultation with local Native Americans, determines that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with state guidelines and in consultation with local Native American group(s) prior to continuation of any earth disturbing work within the vicinity of the find. The plan shall include avoidance of the resource or, if avoidance of the resource is infeasible, shall outline the appropriate treatment of the resource in coordination with the appropriate local Native American tribal representative and, if applicable, a qualified archaeologist. Examples of appropriate mitigation for tribal cultural resources include, but are not limited to, protecting the cultural character and integrity of the resource, protecting traditional use of the resource, protecting the confidentiality of the resource, or heritage recovery.

Community
Development
Department.

Utilities and Service Systems
Mitigation Measure UTL-1: New development generating wastewater flows that results in a downstream exceedance of 0.75 d/D shall construct system upgrades for those found to be insufficient in capacity per the requirements of the Public Works Department. The flow shall be verified through a sewer modeling program during the planning and design phase, prior to entitlement approval. The model shall evaluate pipeline capacity, flow velocity, and maximum d/D ratio for normal, dry, and wet weather conditions.

Prior to
permit
approval.

Development and
Engineering
Services
Department

LAUREL WEST SHOPPING CENTER

MITIGATION MONITORING AND REPORTING PROGRAM
APNs 261-711-037-000, 261-711-070-000, 261-711-065-000, 261-711-024-000, 261-711-017-000, and 261-711-025-000 (GENERAL PLAN AMENDMENT 2022-002 AND REZONE 2022-002)
Mitigation Measures
Timing of
Verification
Responsible for
Verification
Verification of
Completion
Date Initials
Air Quality
Mitigation Measure AQ-1: Construction Air Quality. During construction, the applicant or successor in interest for each individual site shall:
 Limit grading to 8.1 acres per day, and limit grading and excavation to

2.2 acres per day.
 Provide watering trucks on site to maintain adequate soil moisture during grading and water
graded/excavated areas at least twice daily, thus minimizing dust generation. In addition, the
water trucks shall be used to wash down trucks and tractors, including earth loads, prior to
entering public roadways.
 Prohibit all grading activities whenever wind speeds exceed 15 miles per hour (mph).
 Maintain a minimum of two feet for freeboard for all haul trucks.  Cover all trucks hauling dirt, sand, or loose materials.  Cover inactive storage piles.
 Enforce a 15-mph speed limit for all unpaved surfaces when visible dust clouds are formed by vehicle movement.
 Place gravel base near site entrances to clean tires prior to entering public roadways.

During
construction
.

Development and
Engineering
Services
Department – Plan
Check Service

Mitigation Measure AQ-2: MBARD Health Risk Consultation. Prior to issuance of any grading permit and/or building permit for each individual site, the Prior to
issuance of
Development and
Engineering

applicant or successor in interest shall consult with MBARD regarding the potential need for a diesel health risk assessment (HRA). If required, the applicant or successor in interest shall prepare a diesel HRA and shall implement the measures contained therein to ensure that project-specific emissions are below MBARD’s established health risk thresholds: hazard index greater than 1 for acute or chronic impacts, and cancer risk greater than 10 in one million for long-term operational emissions or 1 per 100,000 population for temporary construction-related emissions. Measures may include, but would not be limited to:
 Use of diesel-fueled equipment equipped with Tier 4 (or Tier 3 if the Tier 4 standard is unavailable) USEPA engine standards. The USEPA estimates that Tier 4 engines would reduce PM emissions by approximately 90 percent compared to the USEPA Tier 2 standards (USEPA 2008).
 Retrofit off-road diesel equipment with Verified Diesel Emissions Control Strategy (VDECS) like Diesel Particulate Filters (DPF).

Particulate Matter level 3 VDECS can provide at least an 85 percent reduction (CARB 2015).
 Use alternatively fueled (e.g., natural gas) diesel construction equipment, including all off-road and portable diesel-powered equipment.
 Use electrically driven equipment that is not powered by a portable generator set.
 Limit the hours of operation for heavy-duty equipment and/or limit the quantity of heavy-duty equipment operating at the same time. any grading
permit
and/or
building
permit;
during
construction
.

Services
Department – Plan
Check Services;
MBARD
Biological Resources
Mitigation Measure BIO-1: Nesting Bird Surveys and Avoidance. The Project shall implement the following measures to mitigate for loss of nesting habitat of the Project in compliance with the federal Migratory Bird Treaty Act and relevant Fish and Game Codes:
 Avoidance. In order to avoid impacts to nesting raptors and migratory birds, the Project will be constructed, if feasible, from September 16th and January 31st, which is outside the avian nesting season.  Preconstruction Surveys. If Project activities must occur during the Not more
than 14
days prior to
vegetation
clearance.

Development and
Engineering
Services
Department –
Community
Development
Department

nesting season (February 1-September 15), a qualified biologist will conduct preconstruction surveys for active raptor and migratory bird nests within 10 days prior to the start of these activities. The survey will include the proposed work area(s) and surrounding lands within 500 feet, where accessible, for all nesting raptors and migratory birds. If no active nests are found within the survey area, no further mitigation is required.
 Establish Buffers. Should any active nests be discovered near proposed work areas, no disturbance buffers of 250 feet around active nests of non-listed bird species and 500 feet around active nests of non-listed raptors will be established. If work needs to occur within these no disturbance buffers, a qualified biologist will monitor the nest daily for one week, and thereafter once a week, throughout the duration of construction activity. Should the nature of construction activity significantly change, such that a higher level of disturbance will be generated, monitoring will occur daily for one week and then resume the once-a-week regime. If, at any time, the biologist determines that construction activity may be compromising nesting success, construction activity within the designated buffer will be altered or suspended until the biologist determines that the nest site is no longer susceptible to deleterious disturbance.

Cultural Resources
CUL-1 Historical Resources Identification and Treatment Plan Prior to permit approval for development on the Project site, a historical resources evaluation shall be completed for that individual site to confirm if existing buildings and/or structures withing these sites qualify as historical resources as defined by Section 15064.5(a) of CEQA Guidelines. The evaluation shall be prepared by a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualifications Standards (PQS) in architectural history or history. The qualified architectural historian or historian shall conduct an intensive-level evaluation in accordance with the guidelines and best practices promulgated by the State Office of Historic Preservation to identify any potential historical resources within the proposed project area. All properties 45 years of age or older shall be evaluated within Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

their historic context and documented in a report meeting the State Office of Historic Preservation guidelines. All evaluated properties shall be documented on Department of Parks and Recreation Series 523 Forms. The report shall be submitted to the City for review and concurrence.

Any relocation, rehabilitation, or alteration of the resource shall be implemented consistent with the Secretary of the Interior’s Standards for the Treatments of Historic Properties (Standards). In accordance with CEQA, a project that has been determined to conform with the Standards generally would not cause a significant adverse direct or indirect impact to historical resources (14 CCR Section 15126.4[b][1]). Application of the Standards shall be overseen by a qualified architectural historian or historic architect meeting the PQS. In conjunction with any development application that may affect the historical resource, a report identifying and specifying the treatment of character-defining features and construction activities shall be provided to the City for review and concurrence, in addition to the historical resources evaluation.

If significant historical resources are identified on a development site and compliance with the Standards and or avoidance is not feasible, the applicant or developer shall provide a report explaining why compliance with the Standards and or avoidance is not feasible for the City’s review and approval.

Site-specific mitigation measures shall be established and undertaken, including, but not limited to, documentation of the historical resource in the form of a Historic American Buildings Survey-Like report. The report shall be commissioned by the project applicant or their consultant to comply with the Secretary of the Interior’s Standards for Architectural and Engineering Documentation and shall generally follow the Historic American Buildings Survey Level III requirements, including digital photographic recordation, detailed historic narrative report, and compilation of historic research. The documentation shall be completed by a qualified architectural historian or historian who meets the PQS and submitted to the City prior to issuance of any permits for demolition or alteration of the historical resource.

Mitigation Measure CUL-2 Phase I Cultural Resources Study Prior to the issuance of any grading or construction permits for each individual site, a Phase I cultural resources study shall be performed by a qualified Prior to
issuance of
grading or
Development and
Engineering
Services

professional meeting the Secretary of the Interior’s (SOI’s) Professional Qualification Standards (PQS) for archaeology (National Park Service 1983).

The Phase I cultural resources study shall include a pedestrian survey of the project site when appropriate and sufficient background research and field sampling to determine whether archaeological resources may be present.

Archival research shall include a records search of the Northwest Information Center (NWIC) no more than two years old and a Sacred Lands File search with the NAHC. The Phase I technical report documenting the study shall include recommendations that shall be implemented prior to and/or during construction to avoid or reduce impacts to archaeological resources.

Recommendations may include, but would not be limited to, archaeological construction monitoring, sensitivity training, or additional testing and mitigation (outlined in Mitigation Measures CUL-3 through CUL-7). The report shall be submitted to the City for review and approval prior to the issuance of any grading or construction permits. The City shall include recommendations in the Phase I technical report as Conditions of Approval to be implemented throughout all ground disturbance activities. The final report shall be submitted to the NWIC.
construction
permits.

Department –
Community
Development
Department
Mitigation Measure CUL-3 Extended Phase I Testing
If recommended by the Phase I study for each individual site (Mitigation Measure CUL-2), the project applicant shall retain a qualified archaeologist to conduct an Extended Phase I (XPI) study to determine the presence/absence and extent of archaeological resources on the project site. XPI testing shall include a series of shovel test pits and/or hand augured units and/or mechanical trenching to establish the boundaries of archaeological site(s) on the project site. If the boundaries of the archaeological site are already well understood from previous archaeological work, an XPI will not be required. All archaeological excavation shall be conducted by a qualified archaeologist(s) under the direction of a principal investigator meeting the SOI’s PQS for archaeology (National Park Service 1983). If an XPI report is prepared, it shall be submitted to the City for review and approval prior to the issuance of a grading or construction permit. Recommendations therein shall be implemented for all ground disturbance activities. Recommendations may include, but would not be limited to, site avoidance, Phase II Site Evaluation, Prior to the
issuance of
a grading or
construction
permit.

Development and
Engineering
Services
Department –
Community
Development
Department

Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-4, CUL-5, CUL-7, and CUL-8). The final report shall be submitted to the NWIC.

Mitigation Measure CUL-4 Archaeological Site Avoidance
Any identified archaeological sites (determined after implementing Mitigation Measures CUL-2 and/or CUL-3) or archaeological resources encountered during ground-disturbing activities shall be avoided by project-related construction activities, where feasible. A barrier (temporary fencing) and flagging shall be placed between the work location and any resources within 60 feet of a work location to minimize the potential for inadvertent impacts. If the resource cannot be avoided, Mitigation Measure CUL-5 shall be implemented.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

Mitigation Measure CUL-5 Phase II Site Evaluation
If the results of any Phase I and/or XPI for each individual site (Mitigation Measures CUL-2 and/or CUL-3) indicate the presence of archaeological resources that cannot be avoided by the project (Mitigation Measure CUL-4) and that have not been adequately evaluated for the NRHP or CRHR listing at the project site, the qualified archaeologist shall conduct a Phase II investigation to determine if intact deposits remain and if they may be eligible for the CRHR or qualify as unique archaeological resources. If the archaeological resource(s) of concern are Native American in origin, the qualified archaeologist shall confer with the City and local California Native American tribe(s).

A Phase I evaluation shall include any necessary archival research to identify significant historical associations and mapping of surface artifacts, collection of functionally or temporally diagnostic tools and debris, and excavation of a sample of the cultural deposit. The sample excavation would be carried out to characterize the nature of the site(s), define the artifact and feature contents, determine horizontal and vertical boundaries, and retrieve representative samples of artifacts and other remains.

If the archaeologist and, if applicable, a Native American monitor or other interested tribal representative determine it is appropriate, cultural materials collected from the site shall be processed and analyzed in a laboratory according to standard archaeological procedures. The age of the materials During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

shall be determined using radiocarbon dating and/or other appropriate procedures; lithic artifacts, faunal remains, and other cultural materials shall be identified and analyzed according to current professional standards. The significance of the site(s) shall be evaluated according to the criteria of the CRHR and if applicable, NRHP. The results of the investigations shall be presented in a technical report following the standards of the California Office of Historic Preservation publication “Archaeological Resource Management Reports: Recommended Content and Format (1990 or latest edition).” Recommendations in the Phase II report shall be implemented for all ground disturbance activities. Recommendations may include, but would not be limited to, Phase III Data Recovery, Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-6 through CUL-8). The report shall be submitted to the City for review and approval prior to the issuance of any grading or construction permits. The final report shall be submitted to the NWIC.

Mitigation Measure CUL-6 Phase III Data Recovery
Should the results of the Phase II site evaluation for each individual site (Mitigation Measure CUL-5) yield resources that meet CRHR significance standards and if the resource cannot be avoided by project construction in accordance with CUL-4, the project applicant shall ensure that all feasible recommendations for mitigation of archaeological impacts are incorporated into the final design and approved by the City prior to construction. Any necessary Phase III data recovery excavation, conducted to exhaust the data potential of significant archaeological sites, shall be carried out by a qualified archaeologist meeting the SOI’s PQS for archeology (National Park Service 1983). Data recovery shall be conducted in accordance with a research design reviewed and approved by the City, prepared in advance of fieldwork, and using the appropriate archaeological field and laboratory methods consistent with the California Office of Historic Preservation Planning Bulletin 5 (1991), Guidelines for Archaeological Research Design, or the latest edition thereof. If the archaeological resource(s) of concern are Native American in origin, the qualified archaeologist shall confer with the City and local California Native American tribe(s).

As applicable, the final Phase III Data Recovery reports shall be submitted to During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

the City prior to issuance of any grading or construction permit.

Recommendations contained therein shall be implemented throughout all ground disturbance activities. Recommendations may include, but would not be limited to, Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-7 and CUL-8).

The final report shall be submitted to the NWIC upon completion.

Mitigation Measure CUL-7 Cultural Resources Monitoring
If recommended by Phase I, XPI, Phase II, or Phase III studies for each individual site (Mitigation Measures CUL-2, CUL-3, CUL-5, and/or CUL-6), the project applicant shall retain a qualified archaeologist to monitor projectrelated, ground-disturbing activities which may include the following but not limited to: grubbing, vegetation removal, trenching, grading, and/or excavations. The archaeological monitor shall coordinate with any Native American monitor as required. Monitoring logs must be completed by the archaeologist daily. Cultural resources monitoring may be reduced for the project if the qualified archaeologist finds it appropriate to reduce the monitoring efforts. Upon completion of ground disturbance for the project, a final report must be submitted to the City for review and approval documenting the monitoring efforts, cultural resources find, and resource disposition. The final report shall be submitted to the NWIC.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

Mitigation Measure CUL-8 Unanticipated Discovery of Cultural Resources If archaeological resources are encountered during ground-disturbing activities, work within 50 feet shall be halted and the project archaeologist meeting the SOI’s PQS for archeology (National Park Service 1983) shall immediately to evaluate the find pursuant to Public Resources Code Section 21083.2. If necessary, the evaluation may require preparation of a treatment plan and archaeological testing for CRHR eligibility. If the discovery proves to be significant under CEQA and cannot be avoided by the project, additional work may be warranted, such as data recovery excavation, to mitigate any significant impacts to significant resources. If the resource is of Native American origin, implementation of Mitigation Measures TCR-1 may be required. Any reports required to document and/or evaluate unanticipated discoveries shall be submitted to the City for review and approval and submitted to the NWIC after completion. Recommendations contained therein During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

shall be implemented throughout the remainder of ground disturbance activities.

Greenhouse Gas Emissions
Mitigation Measure GHG-1: Future development shall install EV charging infrastructure according to the most ambitious voluntary standard in the California Green Building Standards Code at the time of project approval.

Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

Mitigation Measure GHG-2: Future development shall provide no more parking spaces than the off-street parking requirements established in the City of Salinas Municipal Code. Alternatively, multi-family residential development can choose to unbundle parking costs with costs to rent or own a residential unit instead of meeting the maximum off-parking requirement.

Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

Hydrology and Water Quality
Mitigation Measure HYD-1: Future Development projects on the subject site that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500-dwelling unit project are required to prepare a Water Supply Assessment.

Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

Noise
Mitigation Measure NOI-1: Prior to ground disturbing activities, the City of Salinas shall ensure the following with the Project proponent:
 Construction equipment, fixed of mobile, shall be outfitted with properly operating and maintained mufflers.
 Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary During
construction
.

Development and
Engineering
Services
Department –
Community
Development

construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and using electric air compressors and similar power tools rather than diesel equipment shall be used.
 During construction, stationary construction equipment shall be located so that emitted noise is directed away from or shielded from sensitive noise receivers.

Department.

Mitigation Measure NOI-2: The use of heavy construction equipment within 25 feet of existing structures shall be prohibited.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department.

Transportation
Mitigation Measure TRANS-1: To maintain safety standards at all intersections and roadway segments pursuant to implementation actions identified in the Vision Zero Action Plan, a traffic impact study shall be required for all development projects anticipated to generate 110 or more new daily vehicle trips within the Project Area, unless not required by the City. Depending on the results of this study, future developments may be required to construct or contribute to street safety improvements to meet the demand generated by the project. Improvements shall be in accordance with the City of Salinas’ Vision Zero Action Plan (i.e. pedestrian-activated crosswalk warning beacon, high visibility crosswalks, pedestrian hybrid beacon, reduced parking at intersection, intersection control, raised median and street trees, protected bike lanes, and lane reduction). These improvements shall be required as conditions of approval.

Prior to
permit
approval.

Development and
Engineering
Services
Department –
Traffic Engineering
and Plan Check
Services

Tribal Cultural Resources
Mitigation Measure TCR-1 Inadvertent Discoveries During Construction In the event that cultural resources of Native American origin are identified during grading or construction, all earth disturbing work within the vicinity of the find shall be temporarily suspended or redirected until a qualified archaeologist has evaluated the nature and significance of the find; an appropriate Native During
construction
.

Development and
Engineering
Services
Department –
Community

American representative, based on the nature of the find, is consulted; and mitigation measures are put in place for the disposition and protection of any find pursuant to Public Resources Code Section 21083.2. If the City, in consultation with local Native Americans, determines that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with state guidelines and in consultation with local Native American group(s) prior to continuation of any earth disturbing work within the vicinity of the find. The plan shall include avoidance of the resource or, if avoidance of the resource is infeasible, shall outline the appropriate treatment of the resource in coordination with the appropriate local Native American tribal representative and, if applicable, a qualified archaeologist. Examples of appropriate mitigation for tribal cultural resources include, but are not limited to, protecting the cultural character and integrity of the resource, protecting traditional use of the resource, protecting the confidentiality of the resource, or heritage recovery.

Development
Department.

Utilities and Service Systems
Mitigation Measure UTL-1: New development generating wastewater flows that results in a downstream exceedance of 0.75 d/D shall construct system upgrades for those found to be insufficient in capacity per the requirements of the Public Works Department. The flow shall be verified through a sewer modeling program during the planning and design phase, prior to entitlement approval. The model shall evaluate pipeline capacity, flow velocity, and maximum d/D ratio for normal, dry, and wet weather conditions.

Prior to
permit
approval.

Development and
Engineering
Services
Department

SEARS (NORTHRIDGE MALL)

MITIGATION MONITORING AND REPORTING PROGRAM
APN 253-201-054-000 (8.41-ACRE PORTION)
(GENERAL PLAN AMENDMENT 2022-002 AND REZONE 2022-002)
Mitigation Measures
Timing of
Verification
Responsible for
Verification
Verification of
Completion
Date Initials
Air Quality
Mitigation Measure AQ-1: Construction Air Quality. During construction, the applicant or successor in interest for each individual site shall:
 Limit grading to 8.1 acres per day, and limit grading and excavation to

2.2 acres per day.
 Provide watering trucks on site to maintain adequate soil moisture during grading and water
graded/excavated areas at least twice daily, thus minimizing dust generation. In addition, the
water trucks shall be used to wash down trucks and tractors, including earth loads, prior to
entering public roadways.
 Prohibit all grading activities whenever wind speeds exceed 15 miles per hour (mph).
 Maintain a minimum of two feet for freeboard for all haul trucks.  Cover all trucks hauling dirt, sand, or loose materials.  Cover inactive storage piles.
 Enforce a 15-mph speed limit for all unpaved surfaces when visible dust clouds are formed by vehicle movement.
 Place gravel base near site entrances to clean tires prior to entering public roadways.

During
construction
.

Development and
Engineering
Services
Department – Plan
Check Service

Mitigation Measure AQ-2: MBARD Health Risk Consultation. Prior to issuance of any grading permit and/or building permit for each individual site, the Prior to
issuance of
Development and
Engineering

applicant or successor in interest shall consult with MBARD regarding the potential need for a diesel health risk assessment (HRA). If required, the applicant or successor in interest shall prepare a diesel HRA and shall implement the measures contained therein to ensure that project-specific emissions are below MBARD’s established health risk thresholds: hazard index greater than 1 for acute or chronic impacts, and cancer risk greater than 10 in one million for long-term operational emissions or 1 per 100,000 population for temporary construction-related emissions. Measures may include, but would not be limited to:
 Use of diesel-fueled equipment equipped with Tier 4 (or Tier 3 if the Tier 4 standard is unavailable) USEPA engine standards. The USEPA estimates that Tier 4 engines would reduce PM emissions by approximately 90 percent compared to the USEPA Tier 2 standards (USEPA 2008).
 Retrofit off-road diesel equipment with Verified Diesel Emissions Control Strategy (VDECS) like Diesel Particulate Filters (DPF).

Particulate Matter level 3 VDECS can provide at least an 85 percent reduction (CARB 2015).
 Use alternatively fueled (e.g., natural gas) diesel construction equipment, including all off-road and portable diesel-powered equipment.
 Use electrically driven equipment that is not powered by a portable generator set.
 Limit the hours of operation for heavy-duty equipment and/or limit the quantity of heavy-duty equipment operating at the same time. any grading
permit
and/or
building
permit;
during
construction
.

Services
Department – Plan
Check Services;
MBARD
Biological Resources
Mitigation Measure BIO-1: Nesting Bird Surveys and Avoidance. The Project shall implement the following measures to mitigate for loss of nesting habitat of the Project in compliance with the federal Migratory Bird Treaty Act and relevant Fish and Game Codes:
 Avoidance. In order to avoid impacts to nesting raptors and migratory birds, the Project will be constructed, if feasible, from September 16th and January 31st, which is outside the avian nesting season.  Preconstruction Surveys. If Project activities must occur during the Not more
than 14
days prior to
vegetation
clearance.

Development and
Engineering
Services
Department –
Community
Development
Department

nesting season (February 1-September 15), a qualified biologist will conduct preconstruction surveys for active raptor and migratory bird nests within 10 days prior to the start of these activities. The survey will include the proposed work area(s) and surrounding lands within 500 feet, where accessible, for all nesting raptors and migratory birds. If no active nests are found within the survey area, no further mitigation is required.
 Establish Buffers. Should any active nests be discovered near proposed work areas, no disturbance buffers of 250 feet around active nests of non-listed bird species and 500 feet around active nests of non-listed raptors will be established. If work needs to occur within these no disturbance buffers, a qualified biologist will monitor the nest daily for one week, and thereafter once a week, throughout the duration of construction activity. Should the nature of construction activity significantly change, such that a higher level of disturbance will be generated, monitoring will occur daily for one week and then resume the once-a-week regime. If, at any time, the biologist determines that construction activity may be compromising nesting success, construction activity within the designated buffer will be altered or suspended until the biologist determines that the nest site is no longer susceptible to deleterious disturbance.

Cultural Resources
CUL-1 Historical Resources Identification and Treatment Plan Prior to permit approval for development on the Project site, a historical resources evaluation shall be completed for that individual site to confirm if existing buildings and/or structures withing these sites qualify as historical resources as defined by Section 15064.5(a) of CEQA Guidelines. The evaluation shall be prepared by a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualifications Standards (PQS) in architectural history or history. The qualified architectural historian or historian shall conduct an intensive-level evaluation in accordance with the guidelines and best practices promulgated by the State Office of Historic Preservation to identify any potential historical resources within the proposed project area. All properties 45 years of age or older shall be evaluated within Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

their historic context and documented in a report meeting the State Office of Historic Preservation guidelines. All evaluated properties shall be documented on Department of Parks and Recreation Series 523 Forms. The report shall be submitted to the City for review and concurrence.

Any relocation, rehabilitation, or alteration of the resource shall be implemented consistent with the Secretary of the Interior’s Standards for the Treatments of Historic Properties (Standards). In accordance with CEQA, a project that has been determined to conform with the Standards generally would not cause a significant adverse direct or indirect impact to historical resources (14 CCR Section 15126.4[b][1]). Application of the Standards shall be overseen by a qualified architectural historian or historic architect meeting the PQS. In conjunction with any development application that may affect the historical resource, a report identifying and specifying the treatment of character-defining features and construction activities shall be provided to the City for review and concurrence, in addition to the historical resources evaluation.

If significant historical resources are identified on a development site and compliance with the Standards and or avoidance is not feasible, the applicant or developer shall provide a report explaining why compliance with the Standards and or avoidance is not feasible for the City’s review and approval.

Site-specific mitigation measures shall be established and undertaken, including, but not limited to, documentation of the historical resource in the form of a Historic American Buildings Survey-Like report. The report shall be commissioned by the project applicant or their consultant to comply with the Secretary of the Interior’s Standards for Architectural and Engineering Documentation and shall generally follow the Historic American Buildings Survey Level III requirements, including digital photographic recordation, detailed historic narrative report, and compilation of historic research. The documentation shall be completed by a qualified architectural historian or historian who meets the PQS and submitted to the City prior to issuance of any permits for demolition or alteration of the historical resource.

Mitigation Measure CUL-2 Phase I Cultural Resources Study Prior to the issuance of any grading or construction permits for each individual site, a Phase I cultural resources study shall be performed by a qualified Prior to
issuance of
grading or
Development and
Engineering
Services

professional meeting the Secretary of the Interior’s (SOI’s) Professional Qualification Standards (PQS) for archaeology (National Park Service 1983).

The Phase I cultural resources study shall include a pedestrian survey of the project site when appropriate and sufficient background research and field sampling to determine whether archaeological resources may be present.

Archival research shall include a records search of the Northwest Information Center (NWIC) no more than two years old and a Sacred Lands File search with the NAHC. The Phase I technical report documenting the study shall include recommendations that shall be implemented prior to and/or during construction to avoid or reduce impacts to archaeological resources.

Recommendations may include, but would not be limited to, archaeological construction monitoring, sensitivity training, or additional testing and mitigation (outlined in Mitigation Measures CUL-3 through CUL-7). The report shall be submitted to the City for review and approval prior to the issuance of any grading or construction permits. The City shall include recommendations in the Phase I technical report as Conditions of Approval to be implemented throughout all ground disturbance activities. The final report shall be submitted to the NWIC.
construction
permits.

Department –
Community
Development
Department
Mitigation Measure CUL-3 Extended Phase I Testing
If recommended by the Phase I study for each individual site (Mitigation Measure CUL-2), the project applicant shall retain a qualified archaeologist to conduct an Extended Phase I (XPI) study to determine the presence/absence and extent of archaeological resources on the project site. XPI testing shall include a series of shovel test pits and/or hand augured units and/or mechanical trenching to establish the boundaries of archaeological site(s) on the project site. If the boundaries of the archaeological site are already well understood from previous archaeological work, an XPI will not be required. All archaeological excavation shall be conducted by a qualified archaeologist(s) under the direction of a principal investigator meeting the SOI’s PQS for archaeology (National Park Service 1983). If an XPI report is prepared, it shall be submitted to the City for review and approval prior to the issuance of a grading or construction permit. Recommendations therein shall be implemented for all ground disturbance activities. Recommendations may include, but would not be limited to, site avoidance, Phase II Site Evaluation, Prior to the
issuance of
a grading or
construction
permit.

Development and
Engineering
Services
Department –
Community
Development
Department

Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-4, CUL-5, CUL-7, and CUL-8). The final report shall be submitted to the NWIC.

Mitigation Measure CUL-4 Archaeological Site Avoidance
Any identified archaeological sites (determined after implementing Mitigation Measures CUL-2 and/or CUL-3) or archaeological resources encountered during ground-disturbing activities shall be avoided by project-related construction activities, where feasible. A barrier (temporary fencing) and flagging shall be placed between the work location and any resources within 60 feet of a work location to minimize the potential for inadvertent impacts. If the resource cannot be avoided, Mitigation Measure CUL-5 shall be implemented.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

Mitigation Measure CUL-5 Phase II Site Evaluation
If the results of any Phase I and/or XPI for each individual site (Mitigation Measures CUL-2 and/or CUL-3) indicate the presence of archaeological resources that cannot be avoided by the project (Mitigation Measure CUL-4) and that have not been adequately evaluated for the NRHP or CRHR listing at the project site, the qualified archaeologist shall conduct a Phase II investigation to determine if intact deposits remain and if they may be eligible for the CRHR or qualify as unique archaeological resources. If the archaeological resource(s) of concern are Native American in origin, the qualified archaeologist shall confer with the City and local California Native American tribe(s).

A Phase I evaluation shall include any necessary archival research to identify significant historical associations and mapping of surface artifacts, collection of functionally or temporally diagnostic tools and debris, and excavation of a sample of the cultural deposit. The sample excavation would be carried out to characterize the nature of the site(s), define the artifact and feature contents, determine horizontal and vertical boundaries, and retrieve representative samples of artifacts and other remains.

If the archaeologist and, if applicable, a Native American monitor or other interested tribal representative determine it is appropriate, cultural materials collected from the site shall be processed and analyzed in a laboratory according to standard archaeological procedures. The age of the materials During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

shall be determined using radiocarbon dating and/or other appropriate procedures; lithic artifacts, faunal remains, and other cultural materials shall be identified and analyzed according to current professional standards. The significance of the site(s) shall be evaluated according to the criteria of the CRHR and if applicable, NRHP. The results of the investigations shall be presented in a technical report following the standards of the California Office of Historic Preservation publication “Archaeological Resource Management Reports: Recommended Content and Format (1990 or latest edition).” Recommendations in the Phase II report shall be implemented for all ground disturbance activities. Recommendations may include, but would not be limited to, Phase III Data Recovery, Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-6 through CUL-8). The report shall be submitted to the City for review and approval prior to the issuance of any grading or construction permits. The final report shall be submitted to the NWIC.

Mitigation Measure CUL-6 Phase III Data Recovery
Should the results of the Phase II site evaluation for each individual site (Mitigation Measure CUL-5) yield resources that meet CRHR significance standards and if the resource cannot be avoided by project construction in accordance with CUL-4, the project applicant shall ensure that all feasible recommendations for mitigation of archaeological impacts are incorporated into the final design and approved by the City prior to construction. Any necessary Phase III data recovery excavation, conducted to exhaust the data potential of significant archaeological sites, shall be carried out by a qualified archaeologist meeting the SOI’s PQS for archeology (National Park Service 1983). Data recovery shall be conducted in accordance with a research design reviewed and approved by the City, prepared in advance of fieldwork, and using the appropriate archaeological field and laboratory methods consistent with the California Office of Historic Preservation Planning Bulletin 5 (1991), Guidelines for Archaeological Research Design, or the latest edition thereof. If the archaeological resource(s) of concern are Native American in origin, the qualified archaeologist shall confer with the City and local California Native American tribe(s).

As applicable, the final Phase III Data Recovery reports shall be submitted to During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

the City prior to issuance of any grading or construction permit.

Recommendations contained therein shall be implemented throughout all ground disturbance activities. Recommendations may include, but would not be limited to, Cultural Resources Monitoring, and/or measures for unanticipated discoveries (outlined in Mitigation Measures CUL-7 and CUL-8).

The final report shall be submitted to the NWIC upon completion.

Mitigation Measure CUL-7 Cultural Resources Monitoring
If recommended by Phase I, XPI, Phase II, or Phase III studies for each individual site (Mitigation Measures CUL-2, CUL-3, CUL-5, and/or CUL-6), the project applicant shall retain a qualified archaeologist to monitor projectrelated, ground-disturbing activities which may include the following but not limited to: grubbing, vegetation removal, trenching, grading, and/or excavations. The archaeological monitor shall coordinate with any Native American monitor as required. Monitoring logs must be completed by the archaeologist daily. Cultural resources monitoring may be reduced for the project if the qualified archaeologist finds it appropriate to reduce the monitoring efforts. Upon completion of ground disturbance for the project, a final report must be submitted to the City for review and approval documenting the monitoring efforts, cultural resources find, and resource disposition. The final report shall be submitted to the NWIC.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

Mitigation Measure CUL-8 Unanticipated Discovery of Cultural Resources If archaeological resources are encountered during ground-disturbing activities, work within 50 feet shall be halted and the project archaeologist meeting the SOI’s PQS for archeology (National Park Service 1983) shall immediately to evaluate the find pursuant to Public Resources Code Section 21083.2. If necessary, the evaluation may require preparation of a treatment plan and archaeological testing for CRHR eligibility. If the discovery proves to be significant under CEQA and cannot be avoided by the project, additional work may be warranted, such as data recovery excavation, to mitigate any significant impacts to significant resources. If the resource is of Native American origin, implementation of Mitigation Measures TCR-1 may be required. Any reports required to document and/or evaluate unanticipated discoveries shall be submitted to the City for review and approval and submitted to the NWIC after completion. Recommendations contained therein During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department

shall be implemented throughout the remainder of ground disturbance activities.

Greenhouse Gas Emissions
Mitigation Measure GHG-1: Future development shall install EV charging infrastructure according to the most ambitious voluntary standard in the California Green Building Standards Code at the time of project approval.

Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

Mitigation Measure GHG-2: Future development shall provide no more parking spaces than the off-street parking requirements established in the City of Salinas Municipal Code. Alternatively, multi-family residential development can choose to unbundle parking costs with costs to rent or own a residential unit instead of meeting the maximum off-parking requirement.

Prior to
permit
approval.

Development and
Engineering
Services
Department –
Community
Development
Department

Noise
Mitigation Measure NOI-1: Prior to ground disturbing activities, the City of Salinas shall ensure the following with the Project proponent:
 Construction equipment, fixed of mobile, shall be outfitted with properly operating and maintained mufflers.
 Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and using electric air compressors and similar power tools rather than diesel equipment shall be used.
 During construction, stationary construction equipment shall be located so that emitted noise is directed away from or shielded from sensitive noise receivers.

During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department.

Mitigation Measure NOI-2: The use of heavy construction equipment within 25 feet of existing structures shall be prohibited.

During
construction
Development and
Engineering

. Services
Department –
Community
Development
Department.

Transportation
Mitigation Measure TRANS-1: To maintain safety standards at all intersections and roadway segments pursuant to implementation actions identified in the Vision Zero Action Plan, a traffic impact study shall be required for all development projects anticipated to generate 110 or more new daily vehicle trips within the Project Area, unless not required by the City. Depending on the results of this study, future developments may be required to construct or contribute to street safety improvements to meet the demand generated by the project. Improvements shall be in accordance with the City of Salinas’ Vision Zero Action Plan (i.e. pedestrian-activated crosswalk warning beacon, high visibility crosswalks, pedestrian hybrid beacon, reduced parking at intersection, intersection control, raised median and street trees, protected bike lanes, and lane reduction). These improvements shall be required as conditions of approval.

Prior to
permit
approval.

Development and
Engineering
Services
Department –
Traffic Engineering
and Plan Check
Services

Tribal Cultural Resources
Mitigation Measure TCR-1 Inadvertent Discoveries During Construction In the event that cultural resources of Native American origin are identified during grading or construction, all earth disturbing work within the vicinity of the find shall be temporarily suspended or redirected until a qualified archaeologist has evaluated the nature and significance of the find; an appropriate Native American representative, based on the nature of the find, is consulted; and mitigation measures are put in place for the disposition and protection of any find pursuant to Public Resources Code Section 21083.2. If the City, in consultation with local Native Americans, determines that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with state guidelines and in consultation with local Native American group(s) prior to continuation of any earth disturbing work within the vicinity of the find. The plan shall include avoidance of the resource or, if avoidance of the resource is infeasible, shall During
construction
.

Development and
Engineering
Services
Department –
Community
Development
Department.

outline the appropriate treatment of the resource in coordination with the appropriate local Native American tribal representative and, if applicable, a qualified archaeologist. Examples of appropriate mitigation for tribal cultural resources include, but are not limited to, protecting the cultural character and integrity of the resource, protecting traditional use of the resource, protecting the confidentiality of the resource, or heritage recovery.

Utilities and Service Systems
Mitigation Measure UTL-1: New development generating wastewater flows that results in a downstream exceedance of 0.75 d/D shall construct system upgrades for those found to be insufficient in capacity per the requirements of the Public Works Department. The flow shall be verified through a sewer modeling program during the planning and design phase, prior to entitlement approval. The model shall evaluate pipeline capacity, flow velocity, and maximum d/D ratio for normal, dry, and wet weather conditions.

Prior to
permit
approval.

Development and
Engineering
Services
Department

PROPOSED GENERAL PLAN LAND USE AND ZONING CODE DESIGNATIONS

ALISAL MARKETPLACE

PROPOSED GENERAL PLAN LAND USE DESIGNATION

ALISAL MARKETPLACE

PROPOSED ZONING DESIGNATION

EDGE OF DOWNTOWN/FRONT AND JOHN STREETS

PROPOSED GENERAL PLAN LAND USE DESIGNATION

EDGE OF DOWNTOWN/FRONT AND JOHN STREETS

PROPOSED ZONING DESIGNATION

FOODS CO SHOPPING CENTER

PROPOSED GENERAL PLAN LAND USE DESIGNATION

FOODS CO SHOPPING CENTER

PROPOSED ZONING DESIGNATION

LAUREL WEST SHOPPING CENTER

PROPOSED GENERAL PLAN LAND USE DESIGNATION

LAUREL WEST SHOPPING CENTER

PROPOSED ZONING DESIGNATION

SEARS (NORTHRIDGE MALL)

PROPOSED GENERAL PLAN LAND USE DESIGNATION

SEARS (NORTHRIDGE MALL)

PROPOSED ZONING DESIGNATION
Oscar Resendiz, Associate Planner
Grant Leonard, Planning Manager
Community Development Department
Tuesday, September 26, 2023
GENERAL PLAN AMENDMENT 2022-002 AND
REZONE 2022-002

AMEND THE GENERAL PLAN TO CHANGE THE GENERAL
PLAN DESIGNATION OF FIVE (5) “PROJECT SITES” TO MIXED
USE AND REZONE THE SAME FIVE (5) “PROJECT SITES” TO

MIXED-USE (MX)
Background and Context
Alisal Marketplace
Parcel Map
Current Designation
Rezoning
Edge of Downtown/Front and John Streets
Parcel Map Current Designation Rezoning
Foods Co Shopping Center
Parcel Map Current Designation Rezoning
Laurel West Shopping Center
Parcel Map Current Designation Rezoning
Sears at Northridge Mall (Portion)
Parcel Map Current Designation Rezoning
Environmental Review
Initial Study & Mitigated Negative Declaration routed to responsible agencies on August 18, 2023:
 The proposed project will not have a significant effect on the environment because the mitigation measures outlined in the proposed Mitigation Monitoring and Reporting Program have been included in the project.
 State Clearinghouse – August 18, 2023 (SCH Number 2023080480).  Posted County Clerk’s Office – August 18, 2023
 Routed to responsible agencies – August 18, 2023
 Deadline for comments – September 6, 2023
Comment Letter Received
Monterey Salinas Transit
 Clarifying Transit Lines
 Recommending mitigation measures for
future developments
Planning Commission – Sept. 6, 2023
Foods Co. Site Concerns Sears Site Concerns
Change may lead to increased traffic in an
already congested neighborhood.

Change may limit business opportunities at the
site because Mixed Use zoning restricts certain
uses.

Change may lead to increased parking
demands along adjacent residential streets that
already experience heavy parking demands.
 Comments and discussion about two sites.
 Recommended approval of four sites.
 Foods Co. not recommended for approval
Foods Co. Site Additional Analysis
 Currently a high traffic use
 Mixed use results in lower traffic volumes
 Future parking demand unknown until a project is proposed  Less parking needed along corridors with transit and multimodal amenities Sears Site Additional Analysis
 Vehicle Service Related not
allowed in Mixed Use
 Most retail, restaurants, and
entertainment allowed
 Owner would have 180 days
to establish a vehicle
service-related use
 legal, non-conforming
 Previous owner was
interested in Mixed Use and
housing.

Conclusion
 Additional Analysis
confirmed impact are less
than significant
 Commercial uses can
continue at Sears site - 180
days to establish a vehicle
service-related use
 General Plan Amendment
and Rezoning of all five
sites is consistent with
other City planning and
housing efforts
Housing and Land Use Committee – Sept. 19, 2023
 Comments and discussion about two sites.

Foods Co. Site Concerns Sears Site Concerns
Change may lead to increased traffic in an
already congested neighborhood and lead to
increased parking demands along adjacent
residential streets that already experience
heavy parking demands.

Change may limit business opportunities at the
site because Mixed-Use zoning restricts certain
uses.
• Notification of changes to land use designation/zoning • Preclude housing opportunities in the future at those sites • SB-2 grant application obligations to fulfill under the grant to further the production of housing.

Recommendation
 Recommending that the City Council take the following two actions:

1. Approve a resolution affirming the findings, adopting the proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and adopting General Plan Amendment (GPA 2022-002) changing the General Plan Land Use Designations of five (5) “Project sites”; Alisal Marketplace, Edge of
Downtown/Front and John Streets, Foods Co Shopping Center, Laurel West Shopping Center, and Sears (Northridge Mall) (portion) from Commercial Retail (CR) and/or Industrial General Commercial (IGC) to Mixed Use (MX); and

2. Adopt an Ordinance to Rezone the same five (5) “Project sites” from Commercial Retail (CR) and/or Industrial General
Commercial (IGC) to Mixed Use (MX) (RZ 2022-002).

Thank you, Questions?
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-595, Version: 1
Minutes
Approve minutes of September 12, 2023.

City of Salinas Page 1 of 1 Printed on 9/21/2023
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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-590, Version: 1
Financial Claims
Approve financial claims report.

City of Salinas Page 1 of 1 Printed on 9/21/2023
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Number Date Status Payee Name
Transaction
Amount
469378 09/05/2023 Open Angel Barrera $277.50
469379 09/05/2023 Open Anthony Avila $168.50
469380 09/05/2023 Open Anthony Rocha $371.35
469381 09/05/2023 Open Brett Godown $245.25
469382 09/05/2023 Open Cindy Guerrero $1,622.06
469383 09/05/2023 Open Isidoro Medrano $220.50
469384 09/05/2023 Open Ivan Zarate $465.31
469385 09/05/2023 Open John Murray $234.75
469386 09/05/2023 Open Jose Andrew Sandoval $371.35
469387 09/05/2023 Open Justin Heckman $220.50
469388 09/05/2023 Open Lorenzo Sanchez $255.50
469389 09/05/2023 Open Michael Rivera $213.00
469390 09/05/2023 Open Pete Magallon $168.50
469391 09/05/2023 Open South Bay Regional Public Safety $302.00 469392 09/05/2023 Open Steve McShane $565.94
469393 09/05/2023 Open Tyson Notle $277.50
469394 09/05/2023 Open 2NDNATURE, LLC $21,848.00
469395 09/05/2023 Open ABAG Power Purchasing Pool $22,610.00 469396 09/05/2023 Open Ace Hardware $111.96
469397 09/05/2023 Open Acme Car Wash (William Pierce Inc) $13.00 469398 09/05/2023 Open Alco Water $26.13
469399 09/05/2023 Open Alco Water $28,993.01
469400 09/05/2023 Open Alhambra and Sierra Spring DS Waters of America LP $227.34 469401 09/05/2023 Open Alhambra and Sierra Spring DS Waters of America LP $110.31 469402 09/05/2023 Open Alhambra and Sierra Spring DS Waters of America LP $187.86 469403 09/05/2023 Open Alhambra and Sierra Spring DS Waters of America LP $937.50 469404 09/05/2023 Open ALLDATA $1,500.00
469405 09/05/2023 Open Amazon.Com $511.62
469406 09/05/2023 Open American Supply Company $51.39
469407 09/05/2023 Open Andrew McLaughlin $100.00
469408 09/05/2023 Open Aramark Uniform & Career Apparel Group, Inc $623.22 469409 09/05/2023 Open Assured Aggregates Company Inc $4,433.00 469410 09/05/2023 Open Aztec Software Associates, Inc. $56,100.00 469411 09/05/2023 Open B&N Motors, LLC dba Toyota Salinas $81.19 469412 09/05/2023 Open Brent DeBorde $88.75
469413 09/05/2023 Open Bruce Bush $100.00
469414 09/05/2023 Open CACEO $200.00
469415 09/05/2023 Open California Water Service $816.14 469416 09/05/2023 Open Carlos Pimentel $205.00
469417 09/05/2023 Open CDW-G $27,641.34
469418 09/05/2023 Open Chris Swinscoe $100.00
469419 09/05/2023 Open Cintas $493.76
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 9/5/2023 - To Payment Date: 9/19/2023 user: Josephine Fernandez Pages: 1 of 7 Wednesday, September 20, 2023 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 9/5/2023 - To Payment Date: 9/19/2023 469420 09/05/2023 Open Coast Automotive Warehouse Inc $174.41 469421 09/05/2023 Open Coast Counties Truck & Equipment Co dba Coast Coun $360.51 469422 09/05/2023 Open Comcast (Business) $259.90
469423 09/05/2023 Open Comcast (Business) $58.86
469424 09/05/2023 Open Comcast (Business) $259.90
469425 09/05/2023 Open CSC Of Salinas $455.24
469426 09/05/2023 Open Dale Fors $6,730.86
469427 09/05/2023 Open Dana Cornelison $100.00
469428 09/05/2023 Open Daniel David Green $100.00
469429 09/05/2023 Open Dataflow Business Systems Inc $12,822.23 469430 09/05/2023 Open Dave Shaw $100.00
469431 09/05/2023 Open Davgp, Inc. dba Salinas Valley Tire $579.25 469432 09/05/2023 Open David L Crabill $100.00
469433 09/05/2023 Open David Poulin $100.00
469434 09/05/2023 Open Discount School Supply $198.69
469435 09/05/2023 Open DM Diving, Inc dba Monterey Bay Diving $270.00 469436 09/05/2023 Open Don Chapin Inc $510.00
469437 09/05/2023 Open Fastenal Company $1,366.82
469438 09/05/2023 Open Ferguson US Hodings, Inc dba Ferguson Enterprises $6.71 469439 09/05/2023 Open First Alarm Security & Patrol Inc dba An Allied Un $1,466.00 469440 09/05/2023 Open Fresno Oxygen & Welding Suppliers, Inc. $329.08 469441 09/05/2023 Open Gabriel Hernandez $100.00
469442 09/05/2023 Open Genuine Parts Company dba NAPA Auto Parts $62.71 469443 09/05/2023 Open Golden State Truck and Trailer Repair $12,465.82 469444 09/05/2023 Open Golz Construction, Inc. $2,500.00 469445 09/05/2023 Open Granicus LLC $9,936.45
469446 09/05/2023 Open Granite Rock Co $1,109.18
469447 09/05/2023 Open Heath Johnson $100.00
469448 09/05/2023 Open Hemi's Landscaping and Concrete Inc $2,500.00 469449 09/05/2023 Open Henry Gomez $100.00
469450 09/05/2023 Open Hinderliter De Llamas and Associates $4,981.87 469451 09/05/2023 Open Holden, Whitelaw & Associates, Inc dba Pacific App $3,500.00 469452 09/05/2023 Open Holden, Whitelaw & Associates, Inc dba Pacific App $3,500.00 469453 09/05/2023 Open Home Depot Credit Services $6,846.94 469454 09/05/2023 Open Housing Authority of the County of Monterey $4,310.00 469455 09/05/2023 Open Hydro Turf $3,137.68
469456 09/05/2023 Open Jacqueline Pacelli $100.00
469457 09/05/2023 Open James Knowlton $100.00
469458 09/05/2023 Open Jeff Gibson $100.00
469459 09/05/2023 Open Jesse Pinon $100.00
469460 09/05/2023 Open Joaquin Vasquez Dba Rose Backflow Services $866.10 469461 09/05/2023 Open John Wider $100.00
user: Josephine Fernandez Pages: 2 of 7 Wednesday, September 20, 2023 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 9/5/2023 - To Payment Date: 9/19/2023 469462 09/05/2023 Open Jonathan Barnes $100.00
469463 09/05/2023 Open Juarez, Victor, M $1,099.61
469464 09/05/2023 Open Kevin Skinner $100.00
469465 09/05/2023 Open Kimball Midwest $873.52
469466 09/05/2023 Open Knorr Systems, Inc. $2,533.98
469467 09/05/2023 Open Kosmont & Associates, Inc. dba Kosmont Companies $9,903.40 469468 09/05/2023 Open L.N. Curtis & Sons $3,926.72
469469 09/05/2023 Open Lance Miraco $100.00
469470 09/05/2023 Open Laura Elena Salgado Perez dba KHOFIPOUROVER LLC $2,705.20 469471 09/05/2023 Open Lawson Products, Inc $2,020.11
469472 09/05/2023 Open Makai Solutions $1,220.00
469473 09/05/2023 Open Mark Freedman $100.00
469474 09/05/2023 Open Martin Persijn $100.00
469475 09/05/2023 Open Matthew G Norton Co dba NWB Salinas LLC $409.35 469476 09/05/2023 Open Matthew G Norton Co dba NWB Salinas LLC $23.35 469477 09/05/2023 Open Matthew G Norton Co dba NWB Salinas LLC $224.00 469478 09/05/2023 Open MBS Business Systems $456.82
469479 09/05/2023 Open Michael Groves $100.00
469480 09/05/2023 Open MIS CORP $13,200.00
469481 09/05/2023 Open Monterey County Weekly $148.50
469482 09/05/2023 Open MV Cheng & Associates Inc. $56,475.00 469483 09/05/2023 Open National Development Council $6,250.00 469484 09/05/2023 Open New Image Landscape Company $150.00 469485 09/05/2023 Open Nicholas Thomas $182.00
469486 09/05/2023 Open Nixon-Egli Equipment Company $5,315.19 469487 09/05/2023 Open Office Depot Business Service Division $1,584.27 469488 09/05/2023 Open Oscar Dydasco $100.00
469489 09/05/2023 Open Pacific Gas and Electric Company $4,117.61 469490 09/05/2023 Open Pacific Truck Parts Inc $327.20
469491 09/05/2023 Open Pacific Valley Solutions LLC dba Pacific Valley $1,248.00 469492 09/05/2023 Open Pedro C Estrada Dba Estrada Janitorial Service $63,925.00 469493 09/05/2023 Open Peninsula Move Group Inc dba Hollister Moving & St $1,845.00 469495 09/05/2023 Open Pryor Learning Solutions Inc dba Fred Pryor Semina $199.00 469496 09/05/2023 Open Quality Water Enterprises Inc dba Culligan Water $600.12 469497 09/05/2023 Open Quinn Company $410.91
469498 09/05/2023 Open Rent-A-Fence.com, Inc $216.32
469499 09/05/2023 Open Republic Services of Salinas $619.60 469500 09/05/2023 Open Republic Services of Salinas $1,604.16 469501 09/05/2023 Open Richard Maldonado $100.00
469502 09/05/2023 Open Ricky Williams $100.00
469503 09/05/2023 Open Ruth Maria Milla-Leon dba Andersen's Lock & Safe $53.26 469504 09/05/2023 Open Same Day Shred $122.50
user: Josephine Fernandez Pages: 3 of 7 Wednesday, September 20, 2023 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 9/5/2023 - To Payment Date: 9/19/2023 469505 09/05/2023 Open San Lorenzo Lumber $47.60
469506 09/05/2023 Open Saul Ramirez Morales Authorized Matco Tools Dist. $49.04 469507 09/05/2023 Open Scott Myhre $100.00
469508 09/05/2023 Open Scott Tyler $100.00
469509 09/05/2023 Open Sheldon Bryan $100.00
469510 09/05/2023 Open Simon Jimenez $100.00
469511 09/05/2023 Open Smith and Enright Landscaping $6,692.00 469512 09/05/2023 Open Stanley Cooper $100.00
469513 09/05/2023 Open Stommel Inc dba Lehr $398.25
469514 09/05/2023 Open Sturdy Oil Company $194.27
469515 09/05/2023 Open Suthided Livingston $100.00
469516 09/05/2023 Open Suzanne Cottle-Gavalla $100.00
469517 09/05/2023 Open T-Mobile USA $39.65
469518 09/05/2023 Open Target Pest Control $560.00
469519 09/05/2023 Open Ted Koch $100.00
469520 09/05/2023 Open TEF Architecture & Interior Design, Inc dba TEF De $13,202.50 469521 09/05/2023 Open Terry Gerhardstein $100.00
469522 09/05/2023 Open The Bank Of New York Mellon $4,500.00 469523 09/05/2023 Open TOC Public Relations LLC $3,500.00 469524 09/05/2023 Open Todd Swinscoe $100.00
469525 09/05/2023 Open Tri County Concrete and Supply, Inc $5,178.48 469526 09/05/2023 Open U.S. Bank National Association ND $25,578.41 469527 09/05/2023 Open United Parcel Service $122.51
469528 09/05/2023 Open United Site Services $375.10
469529 09/05/2023 Open Valley Saw Shop $62.25
469530 09/05/2023 Open Verizon Wireless $1,095.08
469531 09/05/2023 Open Verizon Wireless $965.33
469532 09/05/2023 Open Verizon Wireless $5,071.82
469533 09/05/2023 Open Verizon Wireless $38.01
469534 09/05/2023 Open Verizon Wireless $4,167.80
469535 09/05/2023 Open Verizon Wireless $265.21
469536 09/05/2023 Open Voyager $1,195.38
469537 09/05/2023 Open W W Grainger Inc $72.78
469538 09/05/2023 Open Western Systems, Incorporated $20,201.81 469539 09/05/2023 Open Worldpac $178.58
469540 09/05/2023 Open Katrina Robinson $40.00
469541 09/05/2023 Open Taconhy Entertainment $342.86
469542 09/12/2023 Open Gerardo Gonzalez $12.75
469543 09/12/2023 Open Heidi Niggemeyer $291.48
469544 09/12/2023 Open Johnathan Flores $156.00
469545 09/12/2023 Open Luis Dorantes $299.00
469546 09/12/2023 Open Terry Milleman $17.75
user: Josephine Fernandez Pages: 4 of 7 Wednesday, September 20, 2023 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 9/5/2023 - To Payment Date: 9/19/2023 469547 09/12/2023 Open Yolanda Rocha $38.25
469578 09/12/2023 Open 72 Hour LLC dba Chevrolet of Watsonville/National $115.89 469579 09/12/2023 Open Alfred Sammut dba Al Sammut Investments $5,040.00 469580 09/12/2023 Open All Pets Hospital $474.74
469581 09/12/2023 Open Amazon.Com $356.94
469582 09/12/2023 Open Ana Rueda De Vidales dba JAV Language Solutions $510.00 469583 09/12/2023 Open Analgesic Services Inc $504.00
469584 09/12/2023 Open Andrew T Stein Dba ParkInk $1,422.17 469585 09/12/2023 Open Aramark Uniform & Career Apparel Group, Inc $806.78 469586 09/12/2023 Open Arrowhead Forensics $476.77
469587 09/12/2023 Open Asap Alisal Signs And Printing $3,992.48 469588 09/12/2023 Open Assured Aggregates Company Inc $11,284.00 469589 09/12/2023 Open B & H Foto & Electronics Corp $1,868.04 469590 09/12/2023 Open Bandit Systems Inc dba Bandit Systems $1,301.48 469591 09/12/2023 Open California Water Service $560.02 469592 09/12/2023 Open Charles Schwab & Co., Inc $14,071.00 469593 09/12/2023 Open Charlie D. Zarza $728.00
469594 09/12/2023 Open Cintas $2,587.50
469595 09/12/2023 Open CMP-1, LLC dba Cambridge Court Apartments Homes $8,585.05 469596 09/12/2023 Open Coast Automotive Warehouse Inc $562.84 469597 09/12/2023 Open Coast Counties Truck & Equipment Co dba Coast Coun $65.83 469598 09/12/2023 Open CorVel Corporation Inc dba CorVel Enterprise Compa $18,054.25 469599 09/12/2023 Open Credit Consulting Services $16.59 469600 09/12/2023 Open Dataflow Business Systems Inc $84,791.88 469601 09/12/2023 Open Duncan's Appliance Service & Installation $550.00 469602 09/12/2023 Open Edilcia Perez dba Mami Fit $338.00 469603 09/12/2023 Open Fastenal Company $55.05
469604 09/12/2023 Open Fed Ex $9.03
469606 09/12/2023 Open Gabriela Negrete $5,700.00
469607 09/12/2023 Open Genuine Parts Company dba NAPA Auto Parts $100.58 469608 09/12/2023 Open Granite Rock Co $4,248.38
469609 09/12/2023 Open Great West Equipment $5,410.42
469610 09/12/2023 Open Hydro Turf $160.40
469611 09/12/2023 Open Ingram Book Company $6,833.31
469612 09/12/2023 Open Interactive Data, LLC dba IDI $142.00 469613 09/12/2023 Open Interstate Battery System Inc $858.54 469614 09/12/2023 Open Jan Roehl Dba Jan Roehl Consulting $3,075.00 469615 09/12/2023 Open Jimmy Vanhove dba Precision K9 $2,300.00 469616 09/12/2023 Open Jose Luis Corral dba Salinas Pizza $334.57 469617 09/12/2023 Open Karla's Janitorial & Suppliers, LLC $3,150.00 469618 09/12/2023 Open Kelly-Moore Paint Company $93.34 469619 09/12/2023 Open Kimball Midwest $3,189.12
user: Josephine Fernandez Pages: 5 of 7 Wednesday, September 20, 2023 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 9/5/2023 - To Payment Date: 9/19/2023 469620 09/12/2023 Open Leon De Asis $2,000.00
469621 09/12/2023 Open Maria F Carmo $3,825.00
469622 09/12/2023 Open MIS CORP $3,600.00
469623 09/12/2023 Open MissionSquare Retirement $7,674.28 469624 09/12/2023 Open Monterey County Emergency Communications Dept $820,345.41 469625 09/12/2023 Open Monterey County Weekly $297.00
469626 09/12/2023 Open Monterey Transfer and Storage Inc $101.50 469627 09/12/2023 Open Monterra Ranch Of Monterey Home Owner's Associatio $900.00 469628 09/12/2023 Open Office Depot Business Service Division $418.59 469629 09/12/2023 Open Pacific Gas and Electric Company $5,414.21 469630 09/12/2023 Open Pacific Products and Services LLC $11,564.73 469631 09/12/2023 Open Pacific Truck Parts Inc $6,978.19 469632 09/12/2023 Open Pedro C Estrada Dba Estrada Janitorial Service $150.00 469633 09/12/2023 Open Petsmart $654.33
469634 09/12/2023 Open PLM Lender Services Inc $667.50
469635 09/12/2023 Open Protel Communications, Inc dba Protelesis Corporat $147.51 469636 09/12/2023 Open Quality Water Enterprises Inc dba Culligan Water $78.85 469637 09/12/2023 Open RDO Equipment Company $905.22
469638 09/12/2023 Open Republic Services of Salinas $1,604.16 469639 09/12/2023 Open Republic Services of Salinas $1,510.20 469640 09/12/2023 Open Republic Services, Inc dba Allied Waste Services $8,303.49 469641 09/12/2023 Open Ruth Maria Milla-Leon dba Andersen's Lock & Safe $36.05 469642 09/12/2023 Open Serological Research Institute $3,100.00 469643 09/12/2023 Open SettlementOne Screening Corporation dba PeopleFact $13.05 469644 09/12/2023 Open Simplot AB Retail Sub Inc $5,000.00 469645 09/12/2023 Open Smith and Enright Landscaping $6,480.00 469646 09/12/2023 Open Snap-On Tools Corporation $63.73 469647 09/12/2023 Open Special Services Group LLC $1,074.08 469648 09/12/2023 Open Structural Engineers Assoc of Northern California $330.00 469649 09/12/2023 Open Target Pest Control $175.00
469650 09/12/2023 Open Tehama Golf Club LLC $800.00
469651 09/12/2023 Open Teresa Martinez $9,600.00
469652 09/12/2023 Open Todd Hearnsberger dba TH Electric $2,138.71 469653 09/12/2023 Open Tri County Fire Protection $81.00 469654 09/12/2023 Open Tynan Village LP dba Tynan Village Apartments $3,090.00 469655 09/12/2023 Open U.S. Bank National Association dba U.S. Bank Equip $344.98 469656 09/12/2023 Open U.S. Bank National Association ND $28,378.13 469657 09/12/2023 Open Valley Saw Shop $305.02
469658 09/12/2023 Open Verizon Wireless $3,719.05
469659 09/12/2023 Open Wallace Group A California Corporation $1,313.75 469660 09/12/2023 Open Walmart c/o Capitol One $332.45
469661 09/12/2023 Open WCAF, LLC dba Watsonville Ford $818.14 user: Josephine Fernandez Pages: 6 of 7 Wednesday, September 20, 2023 Number Date Status Payee Name
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 9/5/2023 - To Payment Date: 9/19/2023 469662 09/12/2023 Open WCDJR LLC dba Watsonville Chrysler Dodge Jeep Ram $4,740.63 469663 09/12/2023 Open Witmer Associates Inc $1,572.98
469664 09/12/2023 Open Worldpac $499.07
469665 09/12/2023 Open Bibiana Corres-Garcia $60.00
469666 09/12/2023 Open Jeffrey Lewandoski c/o Dennis Group $1,563.00 469667 09/19/2023 Open Abel Gomez $94.50
469668 09/19/2023 Open Alejandro Magana $168.50
469669 09/19/2023 Open Amber Wasson $236.66
469670 09/19/2023 Open Angeline Sickler $64.52
469671 09/19/2023 Open Cassandra Schmidt $117.00
469672 09/19/2023 Open Christopher Sandoval $117.00
469673 09/19/2023 Open Gabriel Gonzalez $213.00
469674 09/19/2023 Open Isabelle Romero $117.00
469675 09/19/2023 Open James Arensdorf $72.00
469676 09/19/2023 Open James Schafer $117.00
469677 09/19/2023 Open Jeffrey Alford $213.00
469678 09/19/2023 Open Melanie Coffin $142.75
469679 09/19/2023 Open Michael Batchelor $229.00
469680 09/19/2023 Open Michael Rivera $229.00
469681 09/19/2023 Open Michele Houston $140.00
469682 09/19/2023 Open Obadiah Whitmore $117.00
469683 09/19/2023 Open Richard Macias $117.00
469684 09/19/2023 Open Scott Sutton $282.00
469685 09/19/2023 Open Tanya Crawford $202.46
Type Check Totals: $1,688,277.26
General Account - General Account Totals
user: Josephine Fernandez Pages: 7 of 7 Wednesday, September 20, 2023 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-553, Version: 1
2nd Reading, Ordinance Prohibiting Discrimination on the basis of sexual orientation, gender identity, or gender expression
Consider adopting an Ordinance to add article XIV to Chapter 5 of the Salinas Municipal Code to prohibit discrimination on the basis of sexual orientation, gender identity, or gender expression.

City of Salinas Page 1 of 1 Printed on 9/21/2023
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Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: September 12, 2023 - Introduction
September 26, 2023 – 2
nd Reading
DEPARTMENT: OFFICE OF THE CITY ATTORNEY
FROM: CHRISTOPHER A. CALLIHAN, CITY ATTORNEY
TITLE: AN ORDINANCE PROHIBITING DISCRIMINATION ON THE

BASIS OF SEXUAL ORIENTATION, GENDER IDENTITY, OR

GENDER IDENTITY
RECOMMENDATION MOTION:

Consider adopting an ordinance prohibiting discrimination on the basis of sexual orientation, gender identity, and gender expression.

EXECUTIVE SUMMARY:

Council members Rocha and González requested that this ordinance be brought forward for the City Council’s consideration.

The City of Salinas is home to people of every sex, race, color, religion, ancestry, national origin, mental or physical disability, sexual orientation, and gender identity. Salinas and the Salinas City Council embrace the dignity, humanity, and individuality of all people and strives to provide a safe and welcoming environment for residents and visitors of every background.

The proposed ordinance updates the Salinas Municipal Code’s non-discrimination provisions and makes Salinas consistent with State law. It makes clear that the City of Salinas prohibits discrimination on the basis of a person’s gender identity, incorporating and augmenting existing protections under State law.

DISCUSSION:

The City of Salinas is committed to ensuring equal opportunities for all residents, visitors, and employees. From time-to-time it is necessary to update the City’s ordinance and policies to ensure they provide for the most-current and most-appropriate protections. In keeping with this commitment, this proposed ordinance incorporates non-discrimination provisions into Salinas’s Municipal Code. The proposed ordinance makes Salinas consistent with State law, where State law is stronger. It provides that the City of Salinas prohibits discrimination on the basis of sexual Page | 2
orientation as well as a person’s gender identity or gender expression. While both Federal and State law provide protections against discrimination on these bases, efforts are underway across the country to erode those protections; to enact legislation which takes away protections from discrimination. The proposed ordinance provides an additional layer of protection for Salinas residents, visitors, and employees and makes clear the City Council's commitment to protecting all individuals regardless of their sexual orientation, gender identity, or gender expression.

Several other California cities and counties have adopted similar ordinances including: Oakland, West Hollywood, Cathedral City, Los Angeles, Palm Springs, Sacramento, San Diego, San Francisco, and Santa Cruz County.

CEQA CONSIDERATION:

The City Council’s adoption of the proposed ordinance is not a project subject to environmental review under the California Environmental Quality Act (CEQA Guidelines section 15061(b)(3)).

STRATEGIC PLAN INITIATIVE:

The City Council’s adoption of the proposed ordinance is consistent with and supports the City Council’s Goal of a Culturally Responsive Government (City of Salinas Strategic Plan 2022- 2025).

FISCAL AND SUSTAINABILITY IMPACT:

The City Council’s approval of the proposed ordinance would not have an impact on the City’s General Fund.

DEPARTMENTAL COORDINATION
The City Attorney’s Office coordinated with the City Clerk and Council members Rocha and González on this Report.

ATTACHMENTS:

Ordinance
Page | 3
ORDINANCE NO. _______ (N.C.S.)

AN ORDINANCE AMENDING THE SALINAS MUNICIPAL CODE TO PROHIBIT

DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION, GENDER

IDENTITY, OR GENDER EXPRESSION
City Attorney Impartial Analysis
This ordinance adds Article XIV to Chapter 20 of the Salinas Municipal Code. This addition codifies a local prohibition on discrimination based on sexual orientation, gender identity, or gender expression with respect to housing; employment; the availability of goods, services, or facilities from any business establishment, including the City of Salinas; the use or availability of any municipal service or facility, and/or the use or availability of any service or facility wholly or partially or otherwise supported by the City. All contractors and subcontractor for City public works, goods, and services would be subject to this prohibition.

BE IT ORDAINED BY THE COUNCIL OF SALINAS as follows:

SECTION 1. Article XIV is hereby added to Chapter 5 of the Salinas Municipal Code as follows:

Article XIV. Discrimination on the Basis of Sexual Orientation, Gender Identity, and Gender Expression.

Sec. 5-14.01. Policy.

It is hereby declared as the public policy of the City of Salinas that it is necessary to protect and to safeguard the right and the opportunity of all persons to be free from discrimination on account of sexual orientation, gender identity, or gender expression.

Sec. 5-14.02. Definitions.
“Business establishment” means any entity, however organized, which furnishes goods, services, or accommodations to the general public.
“Discrimination” means any act, policy, or practice which, regardless of intent, has the effect of subjecting any person to differential treatment as a result of that person’s sexual orientation or gender identity or gender expression. The phrase “differential treatment” includes any limitation on a person’s full, unsegregated and equal access to or employment of, employment, real estate transactions, business establishments, and municipal services. “Gender expression” means a person’s gender-related appearance or behavior, or the perception of such appearance or behavior, whether or not stereotypically associated with the person’s sex assigned at birth.

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“Gender identity” means each person’s internal understanding of their gender, or the perception of a person’s gender identity, which may include male, female, a combination of male and female, neither male nor female, a gender different from the person’s sex assigned at birth, or transgender. “Person” means any natural person, firm, corporation, partnership, or other organization, association, or group of persons however organized.
“Real estate transactions” means and includes the sale, repair, improvement, lease, rental, or occupancy of any interest or portion of any interest in real property and shall also include the extension of credit, financing, insurance, or services in connection with the sale, repair, improvement, lease, rental, or occupancy of any such interest in real property. “Sexual orientation” means actual or perceived homosexuality, heterosexuality, or bisexuality.

Sec. 5-14.03. Unlawful Activities, Generally.

It is unlawful for any person to do anything which has the effect of discriminating against any person as a result of that person’s sexual orientation or gender identity or gender expression, with respect to any of the following activities: employment, any real estate transaction, the availability of goods, facilities, or services from any business establishment, the use or availability of any municipal service or facility, and/or the use or availability of any service or facility wholly or partially or otherwise supported by the City.

Sec. 5-14.04. Employment.

A. Unlawful Employment Practices. It is an unlawful employment practice for any person to do any of the following acts wholly or partially based on sexual orientation of an employee or applicant for employment, unless based on a bona fide occupational qualification:

1. No employer shall refuse to hire, or discharge any individuals, discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, including promotion; or to limit, segregate, or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect his or her status as an employee.

2. No employment agency shall fail or refuse to refer for employment any individual; or otherwise to discriminate against any individual.

3. No labor organization shall exclude or expel from the membership or otherwise discriminate against any individual; or limit, segregate, or classify its membership or to classify or fail, or refuse to refer to employment any individual in any way which would deprive or tend to deprive such individual of employment opportunities, or would limit such employment opportunities, or otherwise affect his or her status as an applicant for employment.

4. No employer, employment agency, or labor organization shall:
a. Discriminate against any individual in admission to or employment in, any program established to provide apprenticeship or other training or retraining, including any on-the-job training program; or Page | 5
b. Print, publish, advertise, or disseminate in any way, or cause to be printed published, advertised, or disseminated in any way, any notice or advertisement with respect to employment, membership in, or any classification or referral for employment or training by such organization which states that an unlawful discriminatory practice will be engaged in.

B. Exception.

It is not unlawful discriminatory practice for an employer to observe the conditions of a bona fide seniority system or a bona fide employment benefit system, provided such systems or plans are not a subterfuge to evade the provisions of this article.

Sec. 5-14.05. Business Establishments.

A. Unlawful Business Practice.

1. In General. It is an unlawful business practice for any person to deny any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any business establishment on the basis (in whole or in part) of such person’s sexual orientation, gender identity, or gender expression.

2. Credit. It is an unlawful business practice for any person to deny credit to any person on the basis (in whole or in part) of such person’s sexual orientation or gender identity.

3. Advertising. It is an unlawful business practice for any person to make, print, publish, advertise, or disseminate in any way any notice, statement, or advertisement with respect to any business establishment which states that such establishment engages or will engage in any unlawful practice as defined in this section.

Sec. 5-14.06. Real Estate Transactions.

A. Unlawful Real Estate Practices. It is an unlawful real estate practice for any person to do any of the following acts wholly or partially based on sexual orientation, gender identity, or gender expression:

1. To terminate, or fail or refuse to initiate or conduct any transaction in real property, including, but not limited to, the rental thereof; to include in the terms or conditions of a transaction in real property any clause, condition, or restriction; or falsely to represent that an interest in real property is not available for a transaction in connection therewith, including, but not limited to, rental or leasing thereof.

2. To refuse to lend money, guarantee the loan, accept the deed of trust or mortgage, or otherwise refuse to make available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair, or maintenance of real property; or impose different conditions on such financing; or refuse to provide title or other insurance relating to the ownership or use of any interest in real property.

3. To refuse or restrict facilities, services, repairs, or improvements for any tenant or lessee.

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4. To make, print, publish, advertise, or disseminate, in any way, any notice, statement, or advertisement with respect to financing related to any such transaction which states that any unlawful real estate practice as defined in this section will be engaged in.

B. Exceptions.

A. Owner-Occupied Dwellings. Nothing in this article shall be construed to apply to the rental or leasing of any housing unit in which the owner or lessor or any member of his or her family occupies one of the living units and it is necessary for the owner or lessor or any member of his or her family to use either a bathroom or kitchen facility in common with the prospective tenant.

B. Effect on Other Laws. Nothing in this section shall be deemed to permit any rental or occupancy of any dwelling unit or commercial space otherwise prohibited by law.

Sec. 5-14.07. City Facilities and Services.

A. Unlawful Services Practices.

1. City Facilities. It is an unlawful service practice for any person to deny any individual the full and equal enjoyment of, or to impose different terms and conditions upon the availability of, any service program or facility wholly or partially funded or otherwise supported by the City on the basis, in whole or in part, on the individual’s sexual orientation, gender identity, or gender expression.

2. City Services. It is an unlawful service practice to any person to deny any individual the full and equal enjoyment of, or to impose different terms or conditions on the availability of, any City service, on the basis, in whole or in part, on such individual’s sexual orientation, gender identity, or gender expression.

3. Supported Facilities and Services. It is an unlawful service practice for any person to deny any individual the full and equal enjoyment of, or to impose different terms and conditions upon the availability of, any service, program, or facility whole or partially funded or otherwise supported by the City on the basis, in whole or in part, of the individual’s sexual orientation, gender identity, or gender expression. This subsection does not apply to facilities or services which only receive assistance from the City which is provided to the general public.

4. Advertising. It is an unlawful service practice for the City or any person employed by the City to make, print, publish, advertise, or disseminate in any way any notice, statement, or advertisement with respect to any service or facility provided by the City which states that the City or any person employed by the City engages or will engage in an unlawful service practice.

5. It is an unlawful service practice for any organization described in subsection A.3 of this section to make, print, publish, advertise, or disseminate in any way any notice, statement, or advertisement with respect to any service or facility provided by such organization which states that such organization engages in or will engage in unlawful service practices as defined in this section.

Sec. 5-14.08. Contractors and Subcontractors for City Public Works, Goods and Services.

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A. Any employer, employment agency, or labor organization who is, or wishes to become, a contractor with the City for public works or for goods or services is subject to the provisions of this article relating to discrimination in employment and to the nondiscrimination requirements of this article.

Prior to becoming a contractor or subcontractor with the City, or if, at any time the City has a reasonable basis to believe non-compliance on the part of a contractor or subcontractor, an employer, employment agency, or labor organization may be required to submit a nondiscrimination program to the City for approval and certification and may be required to submit periodic reports of its compliance with such a program.

B. Every City contract and subcontract for public works or goods or services shall contain a nondiscrimination clause prohibiting discrimination on the basis of sexual orientation, gender identity, or gender expression by contractors or subcontractors. The nondiscrimination clause shall contain a provision requiring contractors or subcontractors to give written notice of their obligations under such clause to labor organizations with which they have a collective bargaining or other agreement. Such contractual provisions shall be fully and effectively enforced.

C. Advertising. It is unlawful for any person to make, publish, or disseminate any notice or statement which indicates that such person engages in or will engage in any practice prohibited by this article.

Sec. 5-14.09. Public Accommodations. It shall be an unlawful practice for any person to deny any individual access to the full and equal enjoyment of privileges, benefits, goods, services, and facilities, including dressing and bathroom facilities, consistent with the person’s gender identity.

Sec. 5-14.10. Notices.

Every employer with fifteen (15) or more employees, every labor organization with fifteen (15) or more members, and every employment agency shall post and keep posted in a conspicuous place upon its premises where notices to employees, applicants for employment, and members are customarily posted, the following notice:
“Discrimination on the basis of sexual orientation and/or gender identity or gender expression is prohibited by law. Chapter 5, Article XIV of the Salinas Municipal Code.” (1) Alternative Compliance Notwithstanding the above, the provisions of this subsection may be complied with by adding the words “sexual orientation and/or gender identity or gender expression” to all notices required by federal or state law, and indicating on the notice that discrimination on the basis of sexual orientation is prohibited by Chapter 5, Article XIV of the Salinas Municipal Code.

Sec. 5-14.11. Retaliation Prohibited.

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No person shall retaliate against any individual because such individual seeks the enforcement of the provisions of this article.

Sec. 5-14.12. Exemption.

The provisions of this article shall not apply to religious organizations or corporations not organized for private profit in the conduct of their religious activities.

Sec. 5-14.13. Civil Remedy.

Any person who violates any provision of this article shall be liable in civil damages including costs and attorney’s fees, as provided by California Civil Code Section 52.

Sec. 5-14.14. Criminal Liability.

A. Any person who violates any provision of this article or who aids or incites such violation shall be deemed guilty of an infraction.

B. Each violation of the notice provisions of this article shall be punishable as an infraction, the fine for which shall be levied in the amounts prescribed by Section 36900 of the Government Code as that section may hereinafter be amended or renumbered.

Sec. 5-14.15. Civil Enforcement.

A. Civil Action. Any aggrieved person may enforce this article in a civil action in any court of competent jurisdiction.

B. Injunctions. Any person may bring a civil action in any court of competent jurisdiction to enjoin any person who commits or proposes to commit any act in violation of this article.

Sec. 5-14.16. Limitation on Action; Non-waiverability.

A. Judicial actions under this article must be filed within two years of the alleged discriminatory act.

B. Any written or oral agreement whereby any provision of this article is waived or modified, is against public policy and void.

Sec. 5-14.17. Severability.

If any provision of this article or the application thereof to any person or circumstances is held invalid, the remainder of this article, including the application of such a part or provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby and shall continue in full force and effect.

SECTION 2. Publication. The City Clerk shall cause a summary of this ordinance to be published once in a newspaper published and circulated in Salinas within fifteen (15) days after adoption. (Salinas Charter Section 11.9)
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SECTION 3. CEQA Compliance. The City Council’s adoption of this ordinance is not a project subject to environmental review under the California Environmental Quality Act (CEQA Guidelines section 15061(b)(3)).

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 phase 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 will take effect thirty (30) days from and after its adoption.

PASSED AND ADOPTED this ____ day of __________________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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#23-575, Version: 1
California Library Literacy Services Adult and Family Literacy Grant Award Approve a Resolution accepting the California Library Literacy Services (CLLS) grant awards in the amount of $101,603 in support of Adult Literacy and $108,892 in support of Family Literacy, for a total award of $210,495 and authorize execution of all grant acceptance documents with the California State Library.

City of Salinas Page 1 of 1 Printed on 9/21/2023
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DATE: SEPTEMBER 26, 2023
DEPARTMENT: LIBRARY & COMMUNITY SERVICES DEPARTMENT
FROM: KRISTAN LUNDQUIST, LCS DIRECTOR
BY: FRANCIS HEBERT, INTERIM DEPUTY LIBRARIAN
TITLE: CALIFORNIA LIBRARY LITERACY SERVICES ADULT AND

FAMILY LITERACY GRANT AWARD
RECOMMENDED MOTION:

Approve a Resolution accepting the California Library Literacy Services (CLLS) grant awards in the amount of $101,603 in support of Adult Literacy and $108,892 in support of Family Literacy, for a total award of $210,495 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 $210,495 for the continuation of the library’s adult and family literacy programs.

BACKGROUND:

On September 8, 2023, the Salinas Public Library’s Literacy Services was notified by the California State Library Literacy Services (CLLS) of approval for an award of $101,603 to support adult literacy programs, and $108,892 for Family Literacy to support family literacy programs.

These funds will support adult and family literacy programming for English-speaking adults with low-literacy skills, and their families, and will be provided primarily to adults and families enrolled in the library’s Adult and Family Literacy programs.

The grant will enable the library to employ temporary part-time staff to work in adult and family literacy programs, acquire books, supplies and learning materials that enhance our adult and family education programs, and increase our capacity to provide high-quality adult and family literacy services, including but not limited to Computer Literacy instruction, Citizenship and High School Equivalency preparation programs, Family Reading Circles, Family Learning events, and staff trainings to enhance family literacy skills and best practices. Library staff are prepared to offer both in-person and/or virtual instruction.

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The California Library Literacy Services funding formula for adult literacy services program includes a baseline amount ($20,000) for each approved library literacy program, and a per capita amount per adult learner served in our program as reported in the most recent Final Report on file from our library; and additional funding based on local funds raised and expended for adult literacy services, reflecting a commitment to state/local partnerships in support of literacy services.

Because the City continues to invest in its Literacy services, and the library continues to run a very successful program which served more than 400 adults in 2022/2023, the library award is one of the highest in the State.

As developed during the COVID-19 pandemic, Literacy staff continue to find innovative ways to serve adult learners with in-person, virtual and distance learning instruction. This includes individual tutoring and small classes, as well as adapting to individual needs and abilities for which we offer virtual options including a combination of video conferencing instruction via Zoom and YouTube videos; guided and self-paced learning with student handbooks and curricula; take-home activity kits; one-on-one help via Zoom, email, phone; and much more.

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:

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:
 Award Letter, California Library Literacy Services dated September 8, 2023  Council Resolution
RESOLUTION NO. _________ (N.C.S.)

A RESOLUTION TO ACCEPT THE CALIFORNIA LIBRARY LITERACY SERVICES GRANT AWARD IN THE AMOUNT OF $101,603 IN SUPPORT OF ADULT LITERACY, AND $108,892 IN SUPPORT OF FAMILY LITERACY FOR A TOTAL GRANT AWARD OF $210,495, AND

AUTHORIZE RECEIPT OF FUNDS
WHEREAS, the California Library Literacy Services granted funding in the amount of $210,495 in support of Adult and Family literacy programs for Salinas Public Library; and WHEREAS, this grant will support the Library’s Adult and Family literacy programs and provide greater learning opportunity that matches the needs of our community; 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 the receipt of Adult and Family Literacy funds for this grant in the amount of $210,495 and authorizes the establishment of the CLLS – Adult ESL Literacy fund appropriation totaling $210,495 and corresponding revenue budget with no matching funds required.

PASSED AND APPROVED this 26th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
____________________________________ Kimbley Craig, Mayor ATTEST:
______________________________
Patricia M. Barajas, City Clerk
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
24 August 2023
Kristan Lundquist
Salinas Public Library
350 Lincoln Avenue
Salinas, CA 93901
Dear Ms. Lundquist,
We’re pleased to provide funds to support your California Library Literacy Services program and the important work that you, your staff, and your volunteers do in your community.

The state budget continues California Library Literacy Services funding at $4.82 million for adult literacy services and $2.5 million for family literacy services.

Your total award amounts for the 2023-2024 fiscal year beginning July 1, 2023, are:
x Adult Literacy Services: $101,603
x Family Literacy Services: $108,892
x Total Award: $210,495
Please note: This year your Adult Literacy Services award amount differs $1,446 from your projected award amount. You will need to complete a Budget Modification Form to allocate the additional funds.

Your award will be claimed in two stages. The claim form included in this award packet will allow you to request the first 90% of your Adult Literacy Services Award and 100% of your Family Literacy Services Award:
x 90% of the Adult Literacy Award: $91,443
x 100% of the Family Literacy Award: $108,892
x Total Initial Award Amount: $200,335
Information about claiming the remainder of your award is included in the payment schedule at the end of your award packet.

Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
Your funds must be encumbered by June 30, 2024, and fully expended, in accordance with your approved budget on file with the State Library, by December 31, 2024. Encumbered funds are those that have been deposited in the grantee’s accounting system and for which a budget has been provided to and approved by the State Library.

To ensure 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/a, and participate in library literacy training opportunities offered by the regional networks and the State Library to meet the CLLS Mission, Values, and Program Essentials. Additional California Library Literacy Services resources can be found on the California Library Literacy Services website.

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 are 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
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
Cc: Beverly Schwartzberg, [email protected] Allyson Jeffredo, [email protected]
Fiscal Office, [email protected]
Cathy Andrews, [email protected]
Enc: Re: CLLS23-68: Claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-579, Version: 1
Closter Park Security Agreement
Approve a Resolution authorizing the City Manager to enter into an agreement with Kysmet Security & Patrol, Inc. for security at Closter Park for a not to exceed amount of $80,000 and authorize an additional $1,136.00 appropriation for the initial pilot program and associated extensions.

City of Salinas Page 1 of 1 Printed on 9/21/2023
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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: SEPTEMBER 26, 2023
DEPARTMENT: LIBRARY & COMMUNITY SERVICES
FROM: KRISTAN LUNDQUIST, DIRECTOR
TITLE: SECURITY SERVICES AGREEMENT FOR CLOSTER PARK
RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the City Manager to enter into a service agreement with Kysmet Security & Patrol, Inc. for security at Closter Park.

RECOMMENDATION:

Staff recommends the City Council approve a Resolution authorizing the City Manager to enter into a service agreement with Kysmet Security & Patrol, Inc. for security at Closter Park.

BACKGROUND
Closter Park has a history of negative incidents in and around the park including drug and alcohol use and gang activity. These types of incidents have led to the community feeling unsafe and an overall perception that the park is not safe for use by residents in the area. It is important to note that Closter Park is safe for use by residents of all ages.

Staff initiated a pilot program in April of 2023 and entered into a service agreement with Kysmet Security & Patrol, Inc. in an amount not to exceed $20,000 for daily security in the park from 3:00- 11:00 PM. During the 90-day pilot program, guards assigned to Closter Park submitted daily activity reports and a log was created to document the types of incidents occurring in and around the park. The pilot program was extended to allow for additional time to assess the program and make a recommendation on moving forward. The pilot program was extended to allow for additional time to assess the program and make a recommendation on moving forward. As a result, two additional months of security were added bringing the total to $31,136 for the pilot program.

Invoices for July and August are pending Council approval of the additional appropriation.

DISCUSSION:

Staff has reviewed the security log and found that most of the recorded incidents involve drug and alcohol use. Since the pilot program was initiated, there have been 50 incidents where security needed to address a park user regarding alcohol and drug use in the park. There have also been some minor vandalism issues that security has also been able to address and disruptive behaviors Page | 2
by users. Based on the review of the security log, staff feels like the security has been able to address the types of incidents that occur regularly and appears to have a positive impact on the park. Staff has also inquired with the Salinas Boxing Club and National Little League, organizations who utilize the park on a regular basis and the feedback received is that security is helping to deter negative behaviors. Staff also reviewed police statistics for Part 1 Crimes and found that the number of incidents recorded during the pilot project period had one fewer incident than the four months prior. While there wasn’t a significant change in the number of recorded police incidents, the security presence provides an increased perception of safety.

Staff is seeking authorization to enter into a service agreement with Kysmet Security & Patrol, Inc. for security at Closter Park between September 2023- August of 2024 in an amount not to exceed $80,000. Library & Community Services staff will coordinate with the Police Department around the appropriate number of hours per week that security should be scheduled.

Consistent with Purchasing Policies and ordinance (2576) Service Agreements in the amount of more than $30,000 requires City Council Authorization.

CEQA CONSIDERATION:

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

STRATEGIC PLAN INITIATIVE:

Providing security at Closter Park is consistent with the City Council Goals of:
 Youth and Seniors
 Public Safety
DEPARTMENT COORDINATION:

The Library & Community Department has worked with the City Manager’s Office, the Police Department and Finance Department on this item.

FISCAL AND SUSTAINABILITY IMPACT:

Funds are available and appropriated for the cost of this agreement. No additional funding is required at this time.

ATTACHMENTS:

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

A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER IN TO A SERVICE AGREEMENT WITH KYSMET SECURITY & PATROL, INC. FOR SECURITY SERVICES AT

CLOSTER PARK
WHEREAS, staff seeks to improve the safety of Closter Park; and WHEREAS, on April 14, 2023, the City entered in to an Agreement with Kysmet Security & Patrol Inc. to provide security services at Closter Park as part of a pilot program; and WHEREAS, the pilot program was extended for two months as staff reviewed crime statistics and the security log to determine effectiveness of providing security at the park incurring additional costs which brought the total value of the pilot program to $31,136, of which $1,136 is above the threshold and requires Council action;
WHEREAS, staff has determined the pilot program to be successful in deterring negative activity at the park and wishes to continue to provide security services at Closter Park until the park renovation begins in or around August, 2024; and
WHEREAS, Kysmet Security & Patrol, Inc. agrees to provide security services at an hourly rate of Twenty-Eight Dollars ($28) per hour; and
NOW THEREFORE, BE IT RESOLVED BY THE SALINAS CITY COUNCIL that the City Manager is authorized to enter in to an agreement with Kysmet Security & Patrol, Inc. for security services at Closter Park at a not to exceed amount of Eighty Thousand Dollars ($80,000) and authorizes the additional $1,136.00 appropriation for the initial pilot program and associated extensions.

PASSED AND APPROVEDs this 26
th day of September, 2023 by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:
________________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Agreement for Services v. November 2022 Page 1 of 7
Kysmet Security and Patrol
September 2023

AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND KYSMET SECURITY & PATROL INC.

Closter Park Security
THIS AGREEMENT is executed this 1st day of September 2023, (“Agreement” or “Contract”) between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and Kysmet Security & Patrol Inc., a California corporation (hereinafter “Consultant”).

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, the following services: Security services for Closter Park. Scope of work is further discussed in Attachment B.

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

3. Term. The work under this Agreement shall be deemed to have commence September 1, 2023 and shall be completed by August 31, 2024 unless City grants a written extension of time as set forth in Section 2 above.

4. Payment. City agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, an hourly fee in the amount of Twenty-Eight Dollars ($28) per hour, not to exceed Eighty Thousand Dollars ($80,000), as more fully described in title of Contractors fee schedule, Attachment B. Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

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

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

Agreement for Services v. November 2022 Page 2 of 7
Kysmet Security and Patrol
September 2023

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

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

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

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

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

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

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

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

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

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

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

CONTRACTOR
___________________________________
By (Printed Name):___________________
Its (Title):___________________________
Agreement for Services v. November 2022 Page 4 of 7
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Attachment A
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her/its officers, agents, representatives, employees, and/or subcontractors.

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

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

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

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

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

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

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

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

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by Agreement for Services v. November 2022 Page 5 of 7
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or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

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

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

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

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

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

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

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

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

Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Agreement for Services v. November 2022 Page 6 of 7
Kysmet Security and Patrol
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Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor may carry, at its own expense, such additional insurance as it deems necessary.

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

Agreement for Services v. November 2022 Page 7 of 7
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Attachment B
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-581, Version: 1
Direct Purchase of Police Vehicles
Approve a Resolution authorizing the purchase of five hybrid vehicles from Toyota Salinas for a total cost not to exceed $218,232.13.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: SEPTEMBER 26, 2023
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: ROBERTO FILICE, CHIEF OF POLICE
BY: TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR
TITLE: DIRECT PURCHASE OF POLICE VEHICLES
RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the direct purchase of four (4) 2023 Toyota RAV4 Hybrid vehicles and one (1) 2023 Toyota Sienna Hybrid vehicle for a total cost not to exceed $218,232.13.

RECOMMENDATION:

Staff recommends that City Council approve the direct purchase of four (4) 2023 Toyota RAV4 Hybrid vehicles and one (1) 2023 Toyota Sienna Hybrid vehicle for use by Police Department staff. Total cost for the vehicles shall not exceed $218,232.13.

EXECUTIVE SUMMARY:

The Salinas Police Department has identified funding to purchase four (4) 2023 Toyota RAV4 Hybrid vehicles and one (1) 2023 Toyota Sienna Hybrid vehicle which will be used by the Police Department staff. Given current inventory challenges, and the immediate action required to successfully purchase available vehicles, we are asking for authorization to purchase the five (5) vehicles from Toyota Salinas for a cost not to exceed $218,232.13.

BACKGROUND:

The Salinas Police Department has been focused on expanded use of civilian employees to provide assistance to our Sworn Officers and increase participation in community activities. Through adjustments in tasks and assignments, the department has been working to place additional Community Service Officer (CSO) positions into field-based assignments to support our Patrol Officers. With this increase in field assignments, we must expand the CSO fleet to ensure vehicles are available to our CSOs. In reviewing vehicles with the Public Works Fleet Manager, we identified the Toyota RAV4 Hybrid vehicle as an appropriate vehicle for the CSOs and we wish to purchase two for this purpose. The quote from Toyota Salinas, a local dealership, is $41,734.55 per vehicle.

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Last fiscal year the City was awarded a California Violence Intervention and Prevention (CalVIP) Grant to develop a youth diversion and enhance community engagement activities. The grant funds three full-time civilian staff, as well as police officer overtime. The grant includes funds to support the purchase of two vehicles to be used by grant-funded staff and we have selected the Toyota RAV4 Hybrid and the Toyota Sienna Hybrid minivan as appropriate vehicles for grant staff. The quote from Toyota Salinas, a local dealership, is $42,149.70 for the Toyota RAV4 Hybrid and $50,463.63 for the Toyota Sienna Hybrid vehicle.

The Police Department also has the need for a vehicle to be used for training-related travel. The Department only has one vehicle dedicated to this purpose due to the second vehicle having been removed from service earlier this year. The remaining vehicle is 11 years old, has more than 100,000 miles on the odometer, and has had consistent mechanical issues. We have utilized rental cars when necessary, but given the cost and logistics involved, the purchase of a new vehicle is a more cost effective option so staff can safely travel to required trainings. We have selected the Toyota RAV4 Hybrid as an appropriate vehicle for this purpose and the quote from Toyota Salinas, is $42,149.70.

The request for these hybrid vehicles aligns with the Fleet Departments objectives to right size the fleet, purchase vehicles that are hybrid or full electric when possible and practical, and to maintain fleet consistency.

Given the current inventory challenges with vehicles, and specifically hybrid or electric vehicles, it has been difficult to secure vehicles in a timely manner or with a cost comparable to State contract rate. There are no RAV4 Hybrid vehicles available to purchase via the State Contract or Sourcewell, with no known date for the ordering bank will be opened. After reaching out to local dealerships, Toyota Salinas identified several vehicles in production or transit, with expected delivery dates between late-September and mid-October. The quotes from Toyota Salinas, a local dealership, for all five (5) vehicles total $218,232.13.

Given the lack of inventory and ability to place a timely order via the traditional State Contract process, we are requesting approval for the direct purchase of four (4) 2023 Toyota RAV4 Hybrid vehicles and one (1) 2023 Toyota Sienna Hybrid vehicle from Toyota Salinas for a cost not to exceed $218,232.13. The City Council has the authority to approve this direct purchase pursuant to Salinas Municipal code Section 12-27 and Salinas Municipal Code Section 12-28.080.

POLICE COMMUNITY ADVISORY COMMITTEE:

The Police Chief will present this direct purchase request to the Police Community Advisory Committee on September 27, 2023. The Committee will have an opportunity to ask questions and provide comments related to this requested action.

CEQA CONSIDERATION:

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

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STRATEGIC PLAN INITIATIVE:

Approving the proposed resolution will support the City Council’s Strategic Plan Goal of Public Safety.

DEPARTMENTAL COORDINATION:

The Police Department has and will continue to coordinate with the Public Works and Finance Departments during the purchasing process.

FISCAL AND SUSTAINABILITY IMPACT:

No additional funds are requested to support this purchase. Funds are appropriated and available within the Internal Services Vehicle Replacement account (7120.40.4130), the Police Vehicle Replacement account (5800.40.9579), and the CalVIP Grant account (3282.55.7412).

ATTACHMENTS:

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

RESOLUTION AUTHORIZING THE DIRECT PURCHASE OF POLICE VEHICLES WHEREAS, the Salinas Police department desires to purchase four (4) 2023 Toyota RAV4 Hybrid vehicles and one (1) 2023 Toyota Sienna Hybrid vehicle; and WHEREAS, funds are appropriated and available within the Internal Services Vehicle Replacement account (7120.40.4130), the Police Vehicle Replacement account (5800.40.9579), and the CalVIP Grant account (3282.55.7412); and
WHEREAS, the City Council can approve this purchase pursuant to Salinas Municipal Code Section 12-27 (exception to low-bid based competition) in contracting for equipment, materials, supplies and services and pursuant to Salinas Municipal Code 12-28 (local purchasing preference).

NOW, THEREFORE, BE IT RESOLVED the Salinas City Council authorizes the direct purchase of four (4) 2023 Toyota RAV4 Hybrid vehicles and one (1) 2023 Toyota Sienna Hybrid vehicles from Toyota Salinas for a total cost not to exceed $218,232.13.

PASSED AND APPROVED this 26th 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#23-582, Version: 1
Internet Crimes Against Children (ICAC) Grant and Direct Purchase of Computer Equipment Approve a Resolution accepting a $75,000 ICAC Grant and authorize the direct purchase of computer equipment from Silicon Forensics for a total cost not to exceed $65,851.37.

City of Salinas Page 1 of 1 Printed on 9/21/2023
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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: SEPTEMBER 26, 2023
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: ROBERTO FILICE, CHIEF OF POLICE
BY: TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR
TITLE: ACCEPTANCE OF INTERNET CRIMES AGAINST CHILDREN
(ICAC) GRANT AND DIRECT PURCHASE OF COMPUTER

EQUIPMENT
RECOMMENDED MOTION:

A motion to approve the following:

1. A Resolution authorizing the acceptance of the $75,000 Internet Crimes Against Children (ICAC) Grant administered by the City of San Jose, the execution of all grant-related documents, and the establishment of the ICAC Grant appropriation of up to $75,000 and corresponding revenue budget to support grant activities.

2. A Resolution authorizing the direct purchase five (5) computer workstations and one (1) storage server from Silicon Forensics for a total cost not to exceed $65,851.37.

RECOMMENDATION:

Staff recommends that the City Council approve a Resolution to authorize the acceptance of the $75,000 ICAC Grant, administered by the City of San Jose, and to authorize the establishment of the grant appropriation of up to $75,000 and corresponding revenue budget to support grant activities. Staff further recommends that the City Council approve a Resolution authorizing the direct purchase of five (5) computer workstations and one (1) storage server from Silicon Forensics as identified within this report, for a total cost not to exceed $65,851.37.

EXECUTIVE SUMMARY:

In August 2023, we were notified by the City of San Jose of the intent to award $75,000 for training, supplies, and equipment to support the Salinas Police Department’s participation in the ICAC Task Force. The Department is requesting authorization to accept this grant funding and establish an appropriation and corresponding revenue budget to support grant activities. The Department is further requesting authorization to make direct purchases of computer equipment as identified within this report.

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BACKGROUND:

The Silicon Valley Internet Crimes Against Children (ICAC) Task Force, whose fiscal agent is San Jose Police Department, is a task force organized under the aegis of the National ICAC Task Force Program. The national program is composed of 61 regional Task Force agencies representing over 5,000 federal, state, and local law enforcement agencies dedicated to investigating, prosecuting, and developing effective responses to internet crimes against children.

The (ICAC) Task Force helps state and local law enforcement agencies develop an effective response to technology-facilitated child sexual exploitation and internet crimes against children.

This help encompasses forensic and investigative components, training and technical assistance, victim services, and community education. The ICAC program was developed in response to the increasing number of children and teenagers using the Internet and other technology, the proliferation of child sexual abuse images available electronically, and the heightened online activity by predators seeking unsupervised contact with potential underage victims. Because ICAC members understand that arrests alone cannot resolve the problem of technology-facilitated child sexual exploitation, the ICAC program is also dedicated to training law enforcement officers and prosecutors, as well as educating parents and youth about the potential dangers of online activity.

The California Governor’s Office of Emergency Services (Cal OES) has awarded Internet Crimes Against Children grant funds to the City of San Jose to support the Silicon Valley ICAC Task Force.

The City of San Jose has agreed to allocate a grant subaward to the City of Salinas in the amount of $75,000 to provide training, supplies, and equipment in support of Salinas Police Department’s participation in the ICAC Task Force. The grant period runs for five months, from October 1, 2023 through February 28, 2024. The Resolution will authorize the acceptance of this ICAC grant and establish an appropriation and corresponding revenue budget for grant activities.

The department is also requesting approval to make direct purchases of computer equipment to support the work of the ICAC Task Force. The Department is requesting to purchase five computer workstations and one storage server from Silicon Forensics as indicated in the table below. The current workstations in the Computer Forensics Lab need to be upgraded, and the department is in desperate need of additional storage to support the preservation of digital downloads and evidence.

We reached out to several vendors, and Silicon Forensics was selected to provide the equipment.

Alternate vendors, including CDW and Forensic Computers, were contacted but alternate quotes were higher in price and/or the vendor responded that they could not provide a system with comparable specifications or cost to what was offered via Silicon Forensics.

Qty & Description (Vendor: Silicon Forensics) Quote Price 5% Contingency
Not to
Exceed Amt
Five (5) SiFORCE X Forensic Workstations $36,625.19 $1,831.26 $38,456.45 One (1) SiStore 2U Hybrid Storage Server $26,090.40 $1,304.52 $27,394.92 Not to Exceed Total: $65,851.37
Remaining grant funds, after purchase of the workstations and storage server from Silicon Forensics, will be used to provide training for ICAC Task Force members, and to purchase additional supplies and equipment.

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There are no local vendors available to provide the requested computer workstations and storage server, and the prices identified through Silicon Forensics have been determined to be the most cost effective when compared to other vendors. The City Council has the authority to approve this direct purchase under Salinas Municipal code Section12-27 and without application of the local purchasing preference pursuant to Salinas Municipal Code Section 12-28.080.

POLICE COMMUNITY ADVISORY COMMITTEE:

The Police Chief will present this direct purchase request to the Police Community Advisory Committee on September 27, 2023. The Committee will have an opportunity to ask questions and provide comments related to this requested action.

CEQA CONSIDERATION:

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

STRATEGIC PLAN INITIATIVE:

Approving the proposed Resolutions will support the City Council’s Strategic Plan Goal of Public Safety.

DEPARTMENTAL COORDINATION:

The Police Department will work with the Legal Department during approval, and with the Finance Department during implementation.

FISCAL AND SUSTAINABILITY IMPACT:

Proposed funding from the ICAC Grant is $75,000, all of which will be used for training, supplies, and equipment to support the Salinas Police Department’s participation in the ICAC Task Force.

No matching funds are required from the City of Salinas to receive the grant funds and the Resolution authorizes the establishment of an appropriation and corresponding revenue budget to support grant activities. The grant will support the purchase of the computer equipment contained within this report.

ATTACHMENTS:

Resolution – ICAC Grant Acceptance
Resolution – Direct Purchase of Computer Equipment
Draft ICAC Grant Agreement
ICAC Grant Quotes
RESOLUTION NO. ______________ (N.C.S.)

A RESOLUTION AUTHORIZING ACCEPTANCE OF THE INTERNET

CRIMES AGAINST CHILDREN (ICAC) GRANT
WHEREAS, the Salinas Police Department (SPD) has been awarded California Office of Emergency Services (Cal OES) funds via an Internet Crimes Against Children (ICAC) grant to be administered by the City of San Jose in the amount of $75,000; and WHEREAS, the grant will fund training, supplies, and equipment to support the Salinas Police Department’s participation in the ICAC Task Force.

NOW THEREFORE BE IT RESOLVED that the Salinas City Council authorizes the acceptance of the ICAC grant funding in the amount of $75,000 from the City of San Jose and further authorizes the execution of all grant acceptance documents; and BE IT FURTHER RESOLVED that the Salinas City Council authorizes the establishment of the ICAC Grant appropriation of up to $75,000 and corresponding revenue budget for grant activities.

PASSED AND APPROVED this 26th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

____________________________
Kimbley Craig, Mayor
ATTEST:
__________________________________
Patricia M. Barajas, City Clerk
RESOLUTION NO. ______________ (N.C.S.)

A RESOLUTION AUTHORIZING THE DIRECT PURCHASE OF

COMPUTER EQUIPMENT
WHEREAS, the Salinas Police Department (SPD) has been awarded California Office of Emergency Services (Cal OES) funds via an Internet Crimes Against Children (ICAC) grant to be administered by the City of San Jose, in the amount of $75,000; and WHEREAS, the grant will fund training, supplies, and equipment to support the Salinas Police Department’s participation in the ICAC Task Force and the Salinas Police Computer Forensics Lab which supports the work of the ICAC Task Force, is in need of upgraded computer workstations and expanded storage capacity; and
WHEREAS, there are no local vendors available to provide the necessary computer equipment, and Silicon Forensics was selected after alternate vendors provided higher priced quotes and/or responded that they were unable to provide equipment with specifications or cost comparable to that quoted by Silicon Forensics; and
WHEREAS, the City Council can approve this purchase pursuant to Salinas Municipal Code Section 12-27 (exception to low-bid based competition) in contracting for equipment, materials, supplies and services and pursuant to Salinas Municipal Code 12-28 (local purchasing preference).

NOW THEREFORE BE IT RESOLVED that the Salinas City Council authorizes the direct purchase of five (5) computer workstations and one (1) storage server from Silicon Forensics for a total cost not to exceed $65,851.37.

PASSED AND APPROVED this 26th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

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

CITY OF SAN JOSE

GRANT AGREEMENT
Cal OES Internet Crimes Against Children 1 DB#
City of Salinas
T-909.015.024.001\ 2051820

SUMMARY PAGE
This GRANT AGREEMENT (“AGREEMENT”) is entered into this ___ day of __________, 2023 by the CITY OF SAN JOSE, a municipal corporation of the State of California ("CITY") and CITY OF SALINAS, a municipal corporation of the State of California (“GRANTEE”).

Grant Type: State Grant Contract No.: IC22 13 7928
Grantee: City of Salinas
Project: Internet Crimes Against Children Grant Program Description: The California Governor’s Office of Emergency Services (“Cal OES”) has awarded Fiscal Year 2022 Internet Crimes Against Children grant funds to the CITY. The purpose of the project is to ensure local law enforcement agencies in the Silicon Valley Task force are adequately equipped to
investigate computer crimes that target youth. This
AGREEMENT will allocate a Subaward in an amount not to
exceed $75,000 to the City of Salinas for training, supplies, and equipment.

Funding Source: Cal OES State Funds
Grant Award Not to Exceed: $75,000
Payment Terms: See Exhibit D
Agreement Term: Start Date: 10/01/2023 End Date: 2/28/2024 PARTIES TO AGREEMENT:

GRANTEE CITY OF SAN JOSE
Name: City of Salinas San José Police Department
Address for Legal Notice: 200 Lincoln Avenue
Salinas, CA 93901
201 W. Mission Street
San José, CA 95110
Attention: Roberto Filice Anthony Mata
Email Address: [email protected] [email protected] Telephone No.: 831-682-0042 408-277-4212
Taxpayer ID 94-6000412
CITY Business License/
Tax No.:

CITY OF SAN JOSE

GRANT AGREEMENT
Cal OES Internet Crimes Against Children 2 DB#
City of Salinas
T-909.015.024.001\ 2051820
Type of Entity: Government
State of Incorporation or
Residency:

California

CONTACT INFORMATION

EXHIBIT LIST

YES N/A
Exhibit A: Scope of Services
Exhibit B: Procurement, Monitoring, and Reporting Requirements Exhibit C: Budget Summary
Exhibit D: Payments to GRANTEE and Reporting Schedule
Exhibit E: General Service Requirements (Special Grant Conditions) To the extent applicable, the following grant provisions are required for this AGREEMENT. (Check all provisions that apply.)

YES N/A

ADDITIONAL REQUIRED LANGUAGE ATTACHMENTS
(if applicable)
City of San José Funding
Federal
State
County
Other Public Agency
Private Funding Agency
Exhibit F: Employee/Volunteer Clearance Verification and Compliance with the Child Abuse and Neglect Reporting Act
Exhibit G: Insurance
GRANTEE CONTRACT MANAGER: Tonya Erickson
Title: Police Services Administrator
Telephone No: 831-758-7325
Email: [email protected]
CITY CONTACT PERSON: Jennifer Gonzalez
Title: Grants Analyst
Telephone No: 408-537-1631
Email: [email protected]

CITY OF SAN JOSE

GRANT AGREEMENT
Cal OES Internet Crimes Against Children 3 DB#
City of Salinas
T-909.015.024.001\ 2051820
I certify that I have read and hereby consent to all the terms and provisions contained in the attached AGREEMENT, including without limitation, all exhibits.

WITNESS THE EXECUTION HEREOF the day and year first hereinabove written.

CITY OF SALINAS a municipal corporation of the State of California Grantee Signature: Date:

Print Name:

Title:

CITY OF SAN JOSE, a municipal corporation of the State of California

SARAH ZARATE
Director, Office of the City
Manager Date:

APPROVED AS TO FORM:

CARL B. MITCHELL
Sr. Deputy City Attorney Date:

CITY OF SAN JOSE

GRANT AGREEMENT
Cal OES Internet Crimes Against Children 4 DB#
City of Salinas
T-909.015.024.001\ 2051820
This GRANT AGREEMENT (“AGREEMENT”) is made and entered upon execution by CITY, by and between the CITY OF SAN JOSE, a municipal corporation of the State of California (hereinafter referred to as “CITY”), and the person or entity identified as GRANTEE on page 1 of the Summary Pages at the beginning of this AGREEMENT (hereinafter referred to as “GRANTEE”).

THE PARTIES HEREBY AGREE AS FOLLOWS:

SECTION 1: RECITALS
WHEREAS, CITY desires to fund grant services to be provided by GRANTEE; and WHEREAS, GRANTEE has the necessary professional expertise and skill to perform such services;
NOW, THEREFORE, the purpose of this AGREEMENT is to retain GRANTEE to perform those services specified in EXHIBIT A of this AGREEMENT.

SECTION 2: PROGRAM COORDINATION
A. CITY: The Director of the Department identified on the Summary Pages under City of San José (hereinafter “DIRECTOR”), or his or her designee, shall be the CITY official responsible for the program and shall render overall supervision of the progress and performance of this AGREEMENT by CITY. All services agreed to be performed by CITY shall be under the overall direction of the DIRECTOR.

B. GRANTEE: GRANTEE shall identify a single project director who shall have overall responsibility for the progress and execution of this AGREEMENT. Such person is identified on the Summary Pages as GRANTEE CONTRACT MANAGER. Additionally, GRANTEE shall immediately notify CITY in writing should circumstances or conditions subsequent to the execution of this AGREEMENT require a substitute GRANTEE CONTRACT MANAGER.

GRANTEE’s CONTRACT MANAGER and GRANTEE staff will fully cooperate with the DIRECTOR relating to the work or services provided hereunder.

SECTION 3: TERM OF AGREEMENT AND GRANT AWARD
A. The term of this AGREEMENT shall commence on the Start Date as set forth in the Summary Pages and shall expire on the End Date as set forth in the Summary Pages unless extended or sooner terminated in accordance with the terms of this AGREEMENT. Regardless of the date of execution of this AGREEMENT, this AGREEMENT is effective as of the Start Date.

B. If GRANTEE wishes to extend this AGREEMENT, a request to extend this AGREEMENT along with a Revised Scope of Services (EXHIBIT A), if necessary, should be submitted by GRANTEE to the CITY no less than forty-five (45) days prior to the end date. An extension

CITY OF SAN JOSE

GRANT AGREEMENT
Cal OES Internet Crimes Against Children 5 DB#
City of Salinas
T-909.015.024.001\ 2051820
must be set forth in a written amendment to this AGREEMENT, signed by authorized representatives of CITY and GRANTEE. Nothing herein commits or binds the CITY to extend this AGREEMENT which shall be at the sole discretion of CITY, and if additional funds are required, shall be subject to appropriation of funds by the City Council.

SECTION 4: GRANT SERVICES
GRANTEE shall perform those services as specified in detail on EXHIBIT A, entitled “Scope of Services” (“Grant Services”), and shall comply with the terms and conditions of this AGREEMENT.

SECTION 5: PAYMENTS
A. CITY agrees to pay GRANTEE an amount not to exceed the amount set forth on the Summary Pages (“Grant Award”), for the services described in EXHIBIT A entitled “Scope of Services”, and which payment is subject to the terms and conditions set forth in EXHIBIT C entitled “Budget Summary” and EXHIBIT D entitled “Payments to GRANTEE and Reporting Schedule.” Any costs incurred by GRANTEE above the Grant Award shall be at GRANTEE’s sole cost and expense.

B. GRANTEE will provide CITY with invoices on agency letterhead, or on another format approved by the CITY, that shall identify the name of payee and signed by the Executive Director or other authorized agency representative with authority to confirm the accuracy of reported expenditures. The invoice shall include a detailed summary of activities undertaken during the course of the invoice period. Provided that performance is satisfactory and accepted by CITY, compensation will be made on a cost reimbursement basis. Initial payment will be based on full execution of the AGREEMENT.

C. CITY will review invoices or financial reports for adherence to AGREEMENT requirements and services and authorize and release payment to GRANTEE based upon claims submitted and within thirty (30) calendar days from receipt of invoice or financial reports, provided that GRANTEE is not in default under any provisions of this AGREEMENT.

D. CITY will not pay for unauthorized services rendered by GRANTEE or for claimed services which GRANTEE has not provided as required by this AGREEMENT.

E. The City Manager, director or designee may, without prior notice to GRANTEE, at any time in his or her absolute discretion, elect to suspend or terminate payment to GRANTEE, in whole or in part, terminate work or expenditures by GRANTEE under this AGREEMENT, or not to make any particular payment under this AGREEMENT or take any other action available in the event of any of the following occurrences:

1. If GRANTEE (with or without knowledge) shall have made any material misrepresentation of any nature with respect to any information or statements furnished to CITY in connection with this AGREEMENT;

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2. If there is pending litigation with respect to the performance by GRANTEE of any of its duties or obligations under this AGREEMENT which may materially jeopardize or adversely affect the undertaking of or the carrying out of the Grant Services;

3. If GRANTEE, without having obtained CITY approval, has taken any action pertaining to the Grant Services which requires CITY approval;

4. If GRANTEE makes improper use of the Grant Award;

5. If GRANTEE fails to comply with any of the terms and conditions of this AGREEMENT including without limitation, GRANTEE’s failure to carry out the Grant Services or other obligations as described in any Exhibit to this AGREEMENT.

6. If GRANTEE submits to CITY any report which is incorrect or incomplete in any material respect or is untimely.

SECTION 6: DEFAULT AND TERMINATION OF AGREEMENT
A. CITY may, through CITY’s DIRECTOR, terminate this AGREEMENT without cause by giving GRANTEE thirty (30) calendar days written notice.

B. Each of GRANTEE’s obligations under this AGREEMENT shall be deemed material. If GRANTEE fails to perform any of its obligations under this AGREEMENT, or any other AGREEMENT with the CITY, CITY may terminate this AGREEMENT upon ten (10) days advance notice (“Notice Period”) to GRANTEE, specifying GRANTEE’s breach and providing GRANTEE with the opportunity to cure the specified breach within the Notice Period or in those instances where the specified breach cannot reasonably be cured within the Notice Period, the opportunity to commence to cure the specified breach. In the event GRANTEE fails to cure or to commence to cure the specified breach within the Notice Period, this AGREEMENT shall be terminated. Without limiting the generality of the foregoing, the occurrence of any one of the following events shall constitute a default of this AGREEMENT for which CITY may exercise its right of termination:

1. GRANTEE’s breach of any of the representations or warranties contained in this AGREEMENT;

2. The occurrence of any of the events set forth in SECTION 5 for suspension or termination of CITY’s payment of the Grant Award.

C. In the event of termination under this SECTION, GRANTEE shall have the following obligations:

1. No later than thirty (30) days following the date of termination, GRANTEE shall refund to CITY any unused portion of the Grant Award, except that GRANTEE shall have no obligation to refund to CITY any portion of the Grant Award that was distributed in accordance with the terms of the AGREEMENT. GRANTEE shall also

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provide CITY with a written report detailing the expenditures, if any, from the Grant Award, including an accounting of its administrative expenses to the date of termination. GRANTEE shall refund to CITY any portion of the Grant Award designated for GRANTEE’s administrative expenses which was not expended as of the date of termination. Nothing in this AGREEMENT shall be deemed to be a waiver of CITY’s right to recover from GRANTEE any portion of the Grant Award that has not been spent in accordance with this AGREEMENT. Upon receipt, GRANTEE will be paid for services performed and reimbursable expenses incurred in compliance with the terms of this AGREEMENT to date of termination, unless other payment terms are explicitly provided in EXHIBIT D.

2. Upon termination, GRANTEE shall immediately deliver to CITY any and all copies of materials used or developed for this grant including, but not limited to, all data collection forms, reports, studies and other work performed, whether or not completed by GRANTEE or GRANTEE’s subcontractor, if any, under this AGREEMENT.

D. Nothing in this AGREEMENT shall be construed so as to deprive CITY of its rights and remedies at law or in equity against GRANTEE.

E. CITY’s DIRECTOR is authorized to terminate this AGREEMENT on CITY’s behalf.

F. If the term of this AGREEMENT is more than one year, the funding in any year after the first year may be contingent upon past and pending performance as well as future appropriation by the City Council of the City of San José, in its sole discretion. If the funding required to pay for Grant Services for the next fiscal year has not been appropriated by June 30 of any year, this AGREEMENT will automatically terminate, effective June 30.

G. CITY may, at its sole option, pursue a course correction process with GRANTEE to address issues with GRANTEE’s performance under this AGREEMENT. However, CITY is under no obligation to pursue a course correction prior to exercising its rights to suspend payment to GRANTEE or to terminate this AGREEMENT.

SECTION 7: ACCOUNTING AND FINANCIAL RECORDS
GRANTEE shall establish and maintain at all times, on a current basis in connection with the provision of the Grant Program, an adequate accounting system in accordance with generally accepted accounting principles and standards and acceptable to DIRECTOR covering all revenues, costs, and expenditures with respect to GRANTEE’s performance under this AGREEMENT. GRANTEE shall maintain its accounting system and shall provide CITY with reports that separate costs and expenses incurred by GRANTEE with CITY funds as distinguished from costs and expenses paid for from other funding sources.

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SECTION 8: REPORTING REQUIREMENTS
GRANTEE shall submit reports of all financial transactions related to GRANTEE’s performance under this AGREEMENT (“Financial Reports”) prepared in accordance with EXHIBIT B and, to the extent applicable, on the schedule specified in EXHIBIT D. The format of the Financial Reports shall be as provided in this AGREEMENT unless otherwise directed by the DIRECTOR. A final report shall be delivered to CITY prior to expiration of this AGREEMENT, as may be further described in EXHIBIT B. In lieu of generating a consolidated quarterly report, the GRANTEE may instead submit, in strict accordance with the above schedule, a report covering each of the months in the reporting period, which includes a Standard Balance Sheet and Standard Income and Expense Statement for each of the months in the reporting period. The Financial Reports must be prepared in accordance with generally accepted accounting principles.

SECTION 9: RIGHT OF EXAMINATION AND AUDIT AND PRESERVATION OF

RECORDS
GRANTEE agrees that the CITY’s Manager, Auditor, Attorney or the DIRECTOR, or any of their duly authorized representatives, shall have access to and the right to examine all facilities and activities of GRANTEE related to GRANTEE’s performance of this AGREEMENT, including the right to audit, conduct further financial review, examine and make excerpts or transcripts of all contracts, subcontracts, invoices, payroll records, personnel records, and all other data or financial records relating to matters covered by this AGREEMENT at any time during the term of this AGREEMENT. GRANTEE shall cooperate with CITY in such audit, examination, further review and shall provide CITY with access to GRANTEE’s staff and to all relevant records, documents, and data, including but not limited to, management letters, board minutes and payroll.

EXHIBIT B, “PROCUREMENT, MONITORING, AND REPORTING REQUIREMENTS” may set forth additional standards regarding the CITY’s right to audit, and GRANTEE’s obligation to deliver to the CITY reports which may include audited financial reports.

GRANTEE further agrees that GRANTEE shall preserve all records related to the performance of this AGREEMENT and that CITY the right to examine or audit the GRANTEE’s records, facilities or activities shall continue for at least seven years from the end of the Grant Subaward performance period.

SECTION 10: CITY ACKNOWLEDGMENT
GRANTEE shall acknowledge the support of CITY, where appropriate, in written documents and informational materials regarding the Grant Program.

SECTION 11: INSURANCE
GRANTEE agrees to have the policies set forth in the attached EXHIBIT G, entitled “INSURANCE” not later than the date of execution of this AGREEMENT and to maintain such policies throughout the term of this AGREEMENT. All policies, endorsements, certificates

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and/or binders shall be subject to approval by the Risk Manager of the City of San José as to form and content. These requirements may not be amended or waived unless approved in writing by the Risk Manager. GRANTEE agrees to provide CITY with a copy of said policies, certificates and/or endorsements upon execution of this AGREEMENT.

SECTION 12: INDEMNIFICATION AND HOLD HARMLESS
A. GRANTEE agrees to defend, indemnify and hold harmless the CITY from and against any and all claims, demands, causes of action, or liabilities incurred by CITY arising from, in whole or in part, directly or indirectly, GRANTEE’s acts or omissions under this AGREEMENT, except as may arise from the gross negligence or willful misconduct of CITY. In any action or claim against CITY in which GRANTEE is defending CITY, CITY shall have the right to approve legal counsel providing CITY’s defense and such approval shall not be unreasonably withheld. GRANTEE further agrees to release CITY from any and all claims for any damages, including property damage, injury or death occurring or arising out of use of CITY’s property, except as may be caused by the CITY’s gross negligence or willful misconduct.

B. The GRANTEE’s obligations under this indemnification provision shall survive the expiration or termination of this AGREEMENT.

SECTION 13: NOTICES
A. Any communication or notice to either party shall be in writing and shall be either personally delivered or mailed in the United States mail, postage prepaid, or by facsimile or electronic mail, to the respective parties addressed as referenced on the Summary Page of this AGREEMENT.

B. Either party may change its address by sending written notice of the new address to the other party pursuant to this SECTION.

SECTION 14: AMENDMENTS
Unless otherwise authorized by this AGREEMENT, amendments to the terms and conditions of this AGREEMENT and any such adjustment to this AGREEMENT shall be effective only upon the mutual agreement in writing of the authorized representatives of the parties.

SECTION 15: COMPLIANCE WITH LAWS/NONDISCRIMINATION
A. GRANTEE shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments and with applicable CITY policies.

B. GRANTEE shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, actual or perceived gender identity, sexual orientation, disability, ethnicity or national origin in connection with or related to the performance of this AGREEMENT.

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C. GRANTEE will also obtain and maintain all licenses and permits appropriate to its proper and effective performance of this AGREEMENT prior to the date of commencement, including, but not limited to a City of San José business tax certificate or exemption, if applicable, with the CITY's Finance Department to operate in the CITY. GRANTEE is responsible for contacting the appropriate offices and filing the necessary documents to comply with these requirements.

SECTION 16: RELATIONSHIP OF PARTIES
A. It is understood and agreed by and between the parties that GRANTEE, in the performance of this AGREEMENT, shall not act nor is it at any time authorized to act, as the agent or representative of CITY in any matter. GRANTEE further agrees that it will not in any manner hold itself out as the agent or representative of CITY or act in such a fashion as would give the impression to a reasonable person that GRANTEE is acting in such a capacity.

B. The parties agree that GRANTEE and GRANTEE’s employees shall be at all times independent contractors and not agents or employees of the CITY, and that GRANTEE and GRANTEE’s employees shall not be entitled to any salary, fringe benefits, pension, Workers’ Compensation, sick leave, insurance or any other benefit or right connected with employment by the City of San José, or any compensation other than as prescribed herein, and GRANTEE and GRANTEE’s employees expressly waive any claim they may have to any such rights.

C. Under no circumstances shall this AGREEMENT be construed as one of partnership, joint venture, or employment between GRANTEE and CITY. Each party acknowledges and agrees that it neither has, nor will give the appearance or impression of having, any legal authority to bind or commit the other party in any way.

SECTION 17: WAIVER
A. In no event shall any payment by CITY or any acceptance of payment by GRANTEE hereunder constitute or be construed to be a waiver by CITY or GRANTEE of any breach of covenants or conditions of this AGREEMENT or any default which may then exist on the part of CITY or GRANTEE, and the making of any such payment or the acceptance of any such payment while any such breach or default exists, shall in no way impair or prejudice any right or remedy available to CITY or GRANTEE with respect to such breach or default.

B. The waiver by any party to this AGREEMENT of a breach of any provision of this AGREEMENT shall not be deemed a continuing waiver or a waiver of any subsequent breach of that or any other provision of this AGREEMENT.

SECTION 18: CORPORATE AUTHORITY/AUTHORIZED REPRESENTATIVES GRANTEE represents and warrants that it has the authority to enter into this AGREEMENT.

GRANTEE further represents and warrants that its signatory to this AGREEMENT is authorized to execute this AGREEMENT on GRANTEE’s behalf.

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SECTION 19: INTEGRATED DOCUMENT
This AGREEMENT, including the Summary Pages and any Exhibits, are incorporated herein and embody the entire agreement between CITY and GRANTEE. No oral agreements or conversations with any officer, agent or employee of CITY shall affect or modify any of the terms or obligations contained in any documents comprising this AGREEMENT. Any such oral agreement shall be considered as unofficial information and in no way binding upon CITY.

SECTION 20: SEVERABILITY OF PROVISIONS
If any part of this AGREEMENT is for any reason found to be unenforceable by a court of competent jurisdiction, all other parts nevertheless remain enforceable. CITY and GRANTEE agree that to the extent that the exclusion of any unenforceable provisions from this AGREEMENT affects the purpose of this AGREEMENT, then the parties shall negotiate an adjustment to this AGREEMENT in order to give full effect to the purpose of this AGREEMENT or either party may terminate this AGREEMENT. In the event of termination, the provisions of SECTION 6 as related to repayment of the Grant Award shall apply.

SECTION 21: VENUE
The parties agree that this AGREEMENT shall be governed and construed in accordance with the laws of the State of California. In the event that suit shall be brought by either party to this AGREEMENT, the parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San José, California.

SECTION 22: CONFLICT OF INTEREST
GRANTEE shall comply with the applicable provisions of the Political Reform Act of 1974, as amended, relating to conflicts of interest (codified in California Government Code SECTION 87000, et seq.), with the conflict of interest provisions of Government Code SECTION 1090 et seq. and with the CITY’s Code of Ethics, set forth in City Council Policy 0-15. GRANTEE shall promptly advise CITY of the facts and circumstances concerning any disclosure made to it or any information obtained by it relating to conflicts of interest.

SECTION 23: RELIGIOUS/POLITICAL ACTIVITIES
A. GRANTEE shall not expend any portion of the Grant Award to inhibit or promote religion and the Grant Services funded by the Grant Award must not be used to convey a religious message. Any portion of the Grant Award used in contradiction to the provisions of this SECTION, shall be deemed a disallowed cost.

B. GRANTEE shall not expend any portion of the Grant Award for political advocacy efforts, whether for or against a political candidate, ballot measure or bill.

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SECTION 24: ASSIGNABILITY
The parties agree that the expertise and experience of GRANTEE are material considerations for this AGREEMENT. Unless specifically authorized by this AGREEMENT, GRANTEE may not assign the performance of any obligation or interest under this AGREEMENT, including subcontracting, without the prior written consent of CITY. Any attempt by GRANTEE to assign this AGREEMENT, in violation of this SECTION, will be voidable at CITY's sole option.

SECTION 25: SUBCONTRACTS
A. No subcontract will alter in any way any legal responsibility of GRANTEE to provide services under this AGREEMENT.

B. GRANTEE will monitor the subcontractor to ensure compliance with the terms and conditions of this AGREEMENT and provide records of their compliance as requested.

C. GRANTEE assures that the subcontractor(s) maintain(s) current licensure and indemnity insurance appropriate for obligations undertaken by subcontractor(s) and provides copies of such to CITY.

D. GRANTEE will provide CITY with records of reimbursement to subcontractor(s) for obligations incurred under subcontract.

E. CITY has the right to refuse reimbursement for obligations incurred under any subcontract that does not comply with the terms of this AGREEMENT.

SECTION 26: EMPLOYEES/VOLUNTEERS
A. Any and all personnel employed, or volunteers retained by GRANTEE in conducting the operations of GRANTEE’s program shall be qualified to perform the duties assigned to them by GRANTEE.

B. GRANTEE shall not hire employees or volunteers who will have supervisory or disciplinary authority over minors who have been convicted of any offense identified in California Public Resources Code SECTION 5164. GRANTEE shall fully indemnify, defend, and hold harmless CITY for any such hiring. GRANTEE shall notify CITY in writing of any violation of this provision as soon as is reasonably practicable.

C. GRANTEE shall also not employ any person who is permitted to provide services requiring contact with children or providing food concessionaire services or other licensed concessionaire services in that area, unless GRANTEE has complied with the TB testing requirements set forth in SECTION 5163 of the California Public Resources Code.

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D. Regardless of whether services have been provided prior to full execution of this AGREEMENT, GRANTEE certifies to the CITY that all services were provided in full compliance with the terms and provisions of this AGREEMENT.

E. To give effect to California Public Resources Code Sections 5163 and 5164, GRANTEE shall follow the procedures contained in EXHIBIT F attached hereto. In the event GRANTEE chooses a different national criminal database for complying with the FBI requirement for background checks, then such alternative database shall be subject to the CITY’s prior written approval.

SECTION 27: GRANTEE’S FINANCIALS
A. City Council requires that each non-profit organization receiving $350,000 or more in funds from the CITY (in the aggregate) during any fiscal year which is either (i) grant funding other than construction funding and/or (ii) operating subsidy funding for operation of CITY facilities, must prepare and make available for public view on the internet, annual audited financial statements. The audited financial statements must be made available for view within 150 days from the end of the non-profit’s fiscal year (which period may be extended by the City Manager based upon a showing of hardship or other good cause) and must be submitted to the Department and posted at the Agency website at an easy access location. All audits must be performed by a certified public accountant currently licensed to practice in the State of California, must conform to generally accepted auditing standards and otherwise be in a form acceptable to the CITY.

B. Non-profits shall be required to comply with this requirement at the time that the non-profit has entered into one or more grant agreements or subsidy agreements with the CITY, which provide for the payment of an aggregate amount that equals or exceeds $350,000 in grant and/or subsidy funds in any one fiscal year. Non-profits covered by this requirement must exert due diligence in determining when they have reached the aggregate funding threshold of $350,000.

The provisions of the financial posting requirements shall be interpreted broadly to effectuate the purpose of making available to the public information on recipients of substantial CITY funds.

These provisions shall apply not only to grant agreements or operating agreements but shall also apply, without limitation, if any amendments to such agreements brings the total annual funding to equal or exceed $350,000, and also to any other agreements with the CITY that are equivalent in purpose to a grant agreement or an operating subsidy agreement, regardless of the title of the agreement.

C. This posting requirement shall remain in effect until an entire fiscal year passes in which the non-profit does not have contracts with the CITY which provide for grants and/or subsidies from the CITY in an aggregate amount equaling or exceeding $350,000. Without limitation of any other remedy, GRANTEE’s failure to comply with this requirement may be taken into consideration when evaluating GRANTEE’s request for future grant funds or subsidies.

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SECTION 28: ENVIRONMENTALLY PREFERABLE PROCUREMENT POLICY A. GRANTEE agrees that, in the performance of this AGREEMENT, GRANTEE shall perform is obligations under the AGREEMENT in conformance with City Council Policy 4-6, Environmentally Preferable Procurement Policy. A description for environmentally preferable procurement and the policy can be found on the CITY’s website at the following link:
https://www.sanjoseca.gov/home/showdocument?id=12833.

B. Environmental procurement policies and activities related to the completion of work will include wherever practicable, but are not limited to:

1. Use of recycled and/or recyclable products in daily operations. (i.e., 30, 50, 100% PCW paper, chlorine process free; triclosan free hand cleaner, etc.)

2. Use of Energy Star Compliant equipment.

3. Vehicles and vehicle operations (i.e., Alternative Fuel, Hybrid, etc.)

4. Internal waste reduction and reuse protocol(s).

5. Water and resource conservation activities within facilities, including bans on individual serving bottled water and the use of compostable food service products, etc.

SECTION 29: GIFTS
A. GRANTEE is familiar with CITY's prohibition against the acceptance of any gift by a CITY officer or designated employee, which prohibition is found in Chapter 12.08 of the San José Municipal Code.

B. GRANTEE agrees not to offer any CITY officer or designated employee any gift prohibited by said Chapter.

C. The offer or giving of any gift prohibited by Chapter 12.08 shall constitute a material breach of this AGREEMENT by GRANTEE. In addition to any other remedies CITY may have in law or equity, CITY may terminate this AGREEMENT for such breach as provided in SECTION 6 of this AGREEMENT.

SECTION 30: DISQUALIFICATION OF FORMER EMPLOYEES
GRANTEE is familiar with the provisions relating to the disqualification of former officers and employees of CITY in matters which are connected with former duties or official responsibilities as set forth in Chapter 12.10 of the San José Municipal Code (“Revolving Door Ordinance”).

GRANTEE shall not utilize either directly or indirectly any officer, employee, or agent of GRANTEE to perform services under this AGREEMENT, if in the performance of such services, the officer, employee, or agent would be in violation of the Revolving Door Ordinance.

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SECTION 31: MISCELLANEOUS
A. The headings of the sections and subsections of this AGREEMENT are inserted for convenience only.

B. Where this AGREEMENT refers to CITY and no officer of the CITY is named, CITY’s Manager shall have the authority to act on CITY’s behalf.

C. This AGREEMENT may be executed in any number of counterparts and by each Party in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which together shall constitute one and the same instrument.

D. Unless otherwise prohibited by law or CITY policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a writing as set forth in Evidence Code Section 1550. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the CITY.

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EXHIBIT A

SCOPE OF SERVICES
In accordance with the provisions of the AGREEMENT and all rules and regulations pertaining thereto, GRANTEE shall use the Grant Program funds to procure training, supplies and equipment for the Silicon Valley Internet Crimes Against Children Task Force (SVICAC).

The purpose of the SVICAC Task Force is to identify, apprehend, and prosecute Internet sexual predators who exploit children using computers, and to sponsor community education efforts regarding the prevention of internet crimes against children. The SVICAC Task Force expands across 11 different counties within the peninsula. All participating agencies acknowledge that the SVICAC Task Force is a joint operation in which all agencies act as partners in a joint effort to address internet crimes against children. The purchases under this agreement will consist of, but not limited to, training, evidence processing equipment, and operational equipment that will support in assisting jurisdictions in the southern part of the task force region with investigation.

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EXHIBIT B

PROCUREMENT, MONITORING, AND REPORTING REQUIREMENTS
GRANTEE shall be subject to the following procurement requirements:

1. Procurement: The GRANTEE will submit purchase requisition requests with cost estimates to the CITY prior to any procurement process in order to confirm the cost is allowable and within budget.

2. Contracts and Procurements: The GRANTEE is the responsible entity, without recourse to the CITY or Cal OES, regarding the settlement and satisfaction of all contractual and administrative issues arising from contracts of the Subrecipient and Grant Subaward procurements. This responsibility includes, but is not limited to, disputes, claims, and protests of awards. Governmental entities must comply with applicable procurement laws and policies for their jurisdiction when contracting for goods or procuring services. Matters concerning violation of laws must be referred to the local, state, or federal authority having jurisdiction.

3. Contracts and Procurements Over $50,000: GRANTEE must use the formal method of contracting in which a bidder is selected based on material submitted in response to an Invitation for Bid (“IFB”) or a Request for Proposal (“RFP”). IFBs/RFPs must clearly define all requirements the bidder must fulfill for the bid or offer to be evaluated by the project. The bid or proposal must include a clear and accurate description of the technical requirements for the services or materials/goods to be produced and must not contain any features that unduly restrict competition. Bidders are not allowed to discuss or clarify any points after their bids have been submitted, and face-to-face negotiations are not allowed.  Invitation for Bid (IFB) is used to solicit prices for services or goods based on definitive specifications. It must include a clear and accurate description of the technical requirements for the services (Contracts) to be produced, or the material or product (Goods) to be procured. The description must not contain features that unduly restrict competition. The basic reason for establishing specifications for technical details for use in formal advertising is to convey to all bidders a complete, unvarying understanding of what is required. This calls for a clear and precise description not subject to varying interpretations. Ensure that all costs are accounted for including any timelines, and all programmatic requirements.
a) Cost or Price Analysis: All procurements and/or contracts funded by federal Grant Subawards must have a cost or price analysis performed and submitted to the CITY for the file. The cost or price analysis is written documentation demonstrating the reasonableness of the proposed price of the contract or procured item. Specifically: Price Analysis is the process of examining and evaluating a proposed price without evaluating its separate elements of cost to determine the price is reasonable. It is generally used for simple procurements for which there is adequate catalog pricing and market competition.

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b) Cost Analysis is the review and evaluation of separate elements of cost and profit or fee in an offerors or contractor’s proposal. A cost analysis is required when a bidder is required to submit the elements of his estimated cost, e.g., on consulting contracts for professional services.
 A cost analysis is necessary whenever competition is lacking, and for non-bid procurements, contract modifications and change orders. The method and degree of cost/price analysis is dependent on the facts surrounding the procurement situation. In addition to price, examples of factors that can be taken into consideration include items such as:
a) The ability, capacity and skill of the bidder to perform the contract or provide the service required.
b) Whether the bidder can perform the contract or provide the service promptly or within the time specified.
c) The warranty, product life expectancy and/or the ability of the bidder to provide future maintenance and service of the item being procured.

The CITY reserves the right to perform audits or reviews of the Grant Subaward at any time.

The CITY can use a field review and desk review to test the GRANTEE’s compliance with laws and regulations. The CITY does not claim title to the training, supplies and equipment but requires the GRANTEE to maintain accountability for all procurement under this agreement.

Field Review: The CITY representative travels to the GRANTEE’s place of business to conduct Compliance Review. Review of the GRANTEE’s policies, procedures, documentation supporting claimed expenditures, procurement documentation, contracts, equipment records, interviewing staff, and as applicable, verifying equipment purchases and location.

Desk Review: The CITY requests the GRANTEE to submit documents in the mail. These documents may include responding to Schedules (targeted compliance questionnaires), Corrective Action Plans (CAP), or other source documentation supporting claimed reimbursements. A desk review’s scope may be limited or extended.

Training Records: GRANTEE shall maintain all training records and provide the CITY with a copy of training certificates obtains.

Equipment Identification and Records: GRANTEE shall maintain a readily identifiable inventory of the procured equipment and supplies. Supplies and equipment must be noted in a log containing the following information for as long as they are owned by the Subrecipient.

Equipment records must contain the following information:
 A description of the property.
 Serial number, or other identification number.
 Source of the property.
 Identification of the title holder.

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 Acquisition date.
 Cost of the equipment.
 Percentage of federal participation in the cost of the equipment.  Location of the equipment.
 Use and condition of the equipment.
 Unit acquisition cost; and
 Disposition, data, including date of disposal and sale price.

A physical inventory of supplies and equipment shall be taken, and the results reconciled with the equipment records at least once every two years. The GRANTEE is responsible for maintaining all equipment purchased with grant funds and the equipment must be available for review by the CITY and Cal OES staff during Site and Monitoring visits.

Losses/Replacements: GRANTEE shall safeguard equipment purchased. Lost, stolen, or destroyed equipment must be reported to CITY in writing within 10 calendar days of the date of the loss. The report must include appropriate police reports, insurance claims, and a letter signed by the GRANTEE explaining the circumstances involved and the precautions taken to prevent such losses from occurring in the future. The report must also detail how the equipment will be replaced, timeframe for replacement, and the potential impact on program objectives without replacement of the equipment.
 GRANTEE shall maintain adequate insurance to cover loss or damage of the equipment procured.
 Damage to equipment that will not be repaired must be reported to the CITY within 10 calendar days of the date of damage, with a justification explaining how grant objectives will be achieved without the equipment.  GRANTEE shall obtain written approval from the CITY prior to replacing, trading, or otherwise disposing of damaged, lost, or stolen equipment.

GRANTEE shall establish internal policies and procedures to ensure all procurement under this agreement is used to conduct investigations and further the goals and objectives of the Silicon Valley Internet Crimes Against Children Task Force service area that includes eleven counties in Northern California: Napa, Sonoma, Marin, Contra Costa, Alameda, San Francisco, San Mateo, Santa Clara, Santa Cruz, Monterey, and San Benito. The GRANTEE will assist other ICAC affiliates, within the ICAC Task Force service area, upon request and contingent on personnel and equipment resources.

Retention of Records: GRANTEE must retain all grant records for seven years from the end of the Grant Subaward performance period. If the GRANTEE’s source documentation records are retained in a database system, it must cover the entire performance period and be retrievable. If an audit, investigation, review, litigation, or any other action occurs during the GRANTEE’s seven-year retention period, the GRANTEE shall retain the records until the resolution of such process, or until the end of the seven-year period, whichever is longer.

The retention requirement extends to books of original entry, source documents, supporting

CITY OF SAN JOSE

GRANT AGREEMENT
Cal OES Internet Crimes Against Children B-4
City of Salinas
T-909.015.024.001\ 2051820
accounting transactions, the general ledger, subsidiary ledgers, personnel and payroll records, canceled checks, and related documents and records.

Accounting System and Structure: The GRANTEE must establish and maintain an adequate accounting and internal administrative control system. At a minimum, includes the general ledger accounting structure, subsidiary accounting records, and procedures that define how and by whom the funds are handled. The accounting records must identify the receipt and the expenditure of all Cal OES funds. Overall, the accounting system should conform to Generally Accepted Accounting Principles (GAAP).

CITY OF SAN JOSE

GRANT AGREEMENT
Cal OES Internet Crimes Against Children C-1 DB#
City of Salinas
T-909.015.024.001\ 2051820

EXHIBIT C

BUDGET SUMMARY
The maximum amount of compensation to be paid to GRANTEE shall not exceed Seventy-Five Thousand Dollars ($75,000).

Subrecipient: City of Salinas Subaward #: IC22 13 7928
Operating Expenses
Training
Equipment for Evidence Processing
Equipment for Operations

CITY OF SAN JOSE

GRANT AGREEMENT
Cal OES Internet Crimes Against Children D-1 DB#
City of Salinas
T-909.015.024.001\ 2051820

EXHIBIT D

PAYMENTS TO GRANTEE AND REPORTING SCHEDULE
Quarterly Report of Expenditures and Request for Funds
Payments of the Grant Award shall be made as stated in the following schedule, subject to GRANTEE’s satisfactory performance of this agreement.

A. GRANTEE shall submit invoices to the CITY no later than fifteen (15) days following the end of each month. GRANTEE shall provide quarterly activity reports and other suitable documentation acceptable by the CITY that may include, but not limited to, invoices, packing slips, copy of purchase orders, equipment asset list, and proof of payment.

B. Payment of the Grant Award shall be made quarterly, subject to GRANTEE's satisfactory performance of this AGREEMENT.

C. Upon receipt of a quarterly invoice and supporting documentation acceptable to CITY, payments shall be made in accordance with the approved project budget.

CITY OF SAN JOSE

GRANT AGREEMENT
Cal OES Internet Crimes Against Children E-1 DB#
City of Salinas
T-909.015.024.001\ 2051820

EXHIBIT E
GENERAL SERVICE REQUIREMENTS (Special Grant Requirements) This Grant Award is subject to the Cal OES Subrecipient Handbook, which can be found at https://www.caloes.ca.gov/ and is incorporated by reference herein.

I. Federal Grant Funds
Subrecipients expending $750,000 or more in federal grant funds annually are required to secure an audit pursuant to OMB Uniform Guidance 2 CFR Part 200, Subpart F and are allowed to utilize federal grant funds to budget for the audit costs. See Section 8000 of the Subrecipient Handbook for more detail.

II. Equal Employment Opportunity – (Subrecipient Handbook Section 2151) III. Drug-Free Workplace Act of 1990 – (Subrecipient Handbook, Section 2152) IV. California Environmental Quality Act (CEQA) – (Subrecipient Handbook, Section 2153) V. Lobbying – (Subrecipient Handbook Section 2154)
VI. Debarment and Suspension – (Subrecipient Handbook Section 2155) It is the policy of the Federal Government to conduct business only with responsible persons, and a system for debarment and suspension from programs and activities involving federal financial and non-financial assistance and benefits assist agencies in carrying out this policy. Debarment or suspension of a participant by one agency has government-wide effect. Applicants receiving federal funds must certify that they will adhere to Federal Executive Order 12549, Debarment and Suspension. By signing the Certification of Assurance of Compliance forms (Cal OES Form 2-104), the applicant certifies that neither the applicant nor its principals have been suspended or debarred from participation in federal grants. The applicant also agrees that it will not make any award, subaward, or enter into any contract greater than $35,000 with parties that are debarred, suspended, or otherwise excluded or ineligible for participation in Federal programs or activities. The Cal OES Form 2-104 outlines the grounds for debarment and suspension.

VII. Proof of Authority from City Council/Governing Board VIII. Civil Rights Compliance – (Subrecipient Handbook Section 2151.1)

CITY OF SAN JOSE

GRANT AGREEMENT
Cal OES Internet Crimes Against Children F-1 DB#
City of Salinas
T-909.015.024.001\ 2051820

EXHIBIT F

EMPLOYEE/VOLUNTEER CLEARANCE VERIFICATION AND COMPLIANCE

WITH THE CHILD ABUSE AND NEGLECT REPORTING ACT
If GRANTEE provides services involving minors, and as a CITY-approved method of complying with the provisions contained in this AGREEMENT, GRANTEE shall conduct a criminal background check through the database of the California Department of Justice and an FBI criminal database or equivalent national database as approved in writing by Grantee’s liability insurance provider, on each of its employees and volunteers who have supervisory or disciplinary authority over minors.

GRANTEE shall also comply with the provisions of the Child Abuse and Neglect Reporting Act, California Penal Code SECTION 11164 et. seq. Additionally, GRANTEE certifies the following:

1. Any and all personnel employed or retained by GRANTEE in conducting the operations of GRANTEE’s program shall be qualified to perform the duties assigned to them by GRANTEE. GRANTEE agrees that GRANTEE shall not at any time allow its employees or volunteers to be in any position with supervisory or disciplinary authority over minors, if they have been convicted of any offense identified in California Public Resources Code SECTION 5164. (Copy attached.)
CITY and GRANTEE understand that results of background checks on minors may be confidential under state law. Therefore, all employees or volunteers must be at least 18 years of age if they are to be in a position having supervisory or disciplinary authority over any minor.

If GRANTEE intends to have employees or volunteers under the age of 18 providing services under this AGREEMENT, GRANTEE must obtain CITY’s prior consent, and GRANTEE shall ensure that none of its employees or volunteers under 18 years of age have any supervisory or disciplinary authority over any minor, as such term is used in California Public Resources Code SECTION 5164.

2. GRANTEE shall be responsible for ensuring that no person who has supervisory or disciplinary authority over minors, who is paid or unpaid by GRANTEE, shall be permitted to provide services unless appropriate background checks, including fingerprints, have been performed prior to the beginning of services under this AGREEMENT, and the person meets the standards set forth above. If requested by CITY, and to the extent allowed by law, GRANTEE shall promptly provide documentation listing each person that has provided or is providing services hereunder involving supervision or disciplinary authority over minors and certifying that the GRANTEE has conducted the proper background check on such person or persons, and each of the named persons is legally permitted to perform the services described in this AGREEMENT. Regardless of whether such documentation is requested or delivered by GRANTEE, GRANTEE shall be solely responsible for compliance with the provisions of this SECTION.

3. That no person paid or unpaid by GRANTEE shall be permitted to provide services requiring contact with children or providing food concessionaire services or other licensed

CITY OF SAN JOSE

GRANT AGREEMENT
Cal OES Internet Crimes Against Children F-2 DB#
City of Salinas
T-909.015.024.001\ 2051820
concessionaire services in that area, unless GRANTEE has complied with the TB testing requirements set forth in SECTION 5163 of the California Public Resources Code (copy attached), verifying that the person or persons has provided evidence/verification of a negative TB skin test reading less than two (2) years old (if newly hired) or within four (4) years (if current employee) of the date of execution of this AGREEMENT and every four (4) years thereafter, if the term of this AGREEMENT exceeds four (4) years.

For persons with a positive TB skin test reading, a physician’s medical clearance must be obtained prior to services being provided as specified above. GRANTEE shall keep on file each "Certificate" of clearance for the persons described above and shall also make available a copy of each Certificate to CITY, if requested and allowed by law. “Certificate” means a document signed by a licensed examining physician and surgeon or a notice from a public health agency or unit of the tuberculosis association which indicates freedom from active tuberculosis.

4. GRANTEE understands that if services are rendered on a school site, there may be additional requirements that may apply including without limitation, requirements under the California Education Code. GRANTEE acknowledges that it is GRANTEE’s sole responsibility to comply with all applicable laws, regulations, and licensing requirements in GRANTEE’s provision of services hereunder.

I, the GRANTEE by signing below verify that I have read and agree to the above:
_________________________________________ __________________ Signature/Title Date

CITY OF SAN JOSE

GRANT AGREEMENT
Cal OES Internet Crimes Against Children F-3 DB#
City of Salinas
T-909.015.024.001\ 2051820
CALIFORNIA PUBLIC RESOURCES CODE SECTION 5164
§ 5164. Persons convicted of certain offenses not to be hired for employment or as volunteer in positions with supervisory authority over minors; Criminal background screening; Fees. (a) (1) A county, city, city and county, or special district shall not hire a person for employment, or hire a volunteer to perform services, at a county, city, city and county, or special district operated park, playground, recreational center, or beach used for recreational purposes, in a position having supervisory or disciplinary authority over a minor, if that person has been convicted of an offense specified in paragraph (2).
(2) (A) A violation or attempted violation of Section 220, 261.5, 262, 273a, 273d, or 273.5 of the Penal Code, or a sex offense listed in Section 290 of the Penal Code, except for the offense specified in subdivision (d) of Section 243.4 of the Penal Code. (B) A felony or misdemeanor conviction specified in subparagraph (C) within 10 years of the date of the employer's request.
(C) A felony conviction that is over 10 years old, if the subject of the request was incarcerated within 10 years of the employer's request, for a violation or attempted violation of an offense specified in Chapter 3 (commencing with Section 207) of Title 8 of Part 1 of the Penal Code, Section 211 or 215 of the Penal Code, wherein it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022 of the Penal Code, in the commission of that offense, Section 217.1 of the Penal Code, Section 236 of the Penal Code, an offense specified in Chapter 9 (commencing with Section 240) of Title 8 of Part 1 of the Penal Code, or an offense specified in subdivision (c) of Section 667.5 of the Penal Code, provided that a record of a misdemeanor conviction shall not be transmitted to the requester unless the subject of the request has a total of three or more misdemeanor convictions, or a combined total of three or more misdemeanor and felony convictions, for violations listed in this section within the 10-year period immediately preceding the employer's request or has been incarcerated for any of those convictions within the preceding 10 years. (b) (1) To give effect to this section, a county, city, city and county, or special district shall require each such prospective employee or volunteer to complete an application that inquires as to whether or not that individual has been convicted of an offense specified in subdivision (a).

The county, city, city and county, or special district shall screen, pursuant to Section 11105.3 of the Penal Code, any such prospective employee or volunteer, having supervisory or disciplinary authority over a minor, for that person's criminal background. (2) A local agency request for Department of Justice records pursuant to this subdivision shall include the prospective employee's or volunteer's fingerprints, which may be taken by the local agency, and any other data specified by the Department of Justice. The request shall be made on a form approved by the Department of Justice. A fee shall not be charged to the local agency for requesting the records of a prospective volunteer pursuant to this subdivision. (3) A county, city, city and county, or special district may charge a prospective employee or volunteer described in subdivision (a) a fee to cover all of the county, city, city and county, or special district's costs attributable to the requirements imposed by this section.

CITY OF SAN JOSE

GRANT AGREEMENT
Cal OES Internet Crimes Against Children F-4 DB#
City of Salinas
T-909.015.024.001\ 2051820
CALIFORNIA PUBLIC RESOURCES CODE SECTION 5163
§ 5163. Certificate showing freedom from communicable tuberculosis as condition of employment.
(a) No person shall initially be employed in connection with a park, playground, recreational center, or beach used for recreational purposes by a city or county in a position requiring contact with children, or as a food concessionaire or other licensed concessionaire in that area, unless the person produces or has on file with the city or county a certificate showing that within the last two years the person has been examined and has been found to be free of communicable tuberculosis.
(b) Thereafter, those employees who are skin test negative shall be required to undergo the foregoing examination at least once each four years for so long as the employee remains skin test negative. Once an employee has a documented positive skin test which has been followed by an X-ray, the foregoing examination is no longer required, and a referral shall be made within 30 days of the examination to the local health officer to determine the need for follow-up care.
"Certificate" means a document signed by the examining physician and surgeon who is licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or a notice from a public health agency or unit of the tuberculosis association which indicates freedom from active tuberculosis. § 5163.1. Tuberculosis examination
The examination shall consist of an approved intradermal tuberculosis test, which, if positive, shall be followed by an X-ray of the lungs.

Nothing in Sections 5163 to 5163.2, inclusive, shall prevent the governing body of any city or county, upon recommendation of the local health officer, from establishing a rule requiring a more extensive or more frequent examination than required by Section 5163 and this section.
§ 5163.2. Technician taking X-ray films; Interpretation of X-ray The X-ray film may be taken by a competent and qualified X-ray technician if the X-ray film is subsequently interpreted by a licensed physician and surgeon. § 5163.3. Files kept of certificates.

The city or county shall maintain a file containing an up-to-date certificate for each person covered by Section 5163.
§ 5163.4. Requiring more extensive or more frequent examinations Nothing in Sections 5163 to 5163.3, inclusive, shall prevent the city or county from requiring more extensive or more frequent examinations.

CITY OF SAN JOSE

GRANT AGREEMENT
Cal OES Internet Crimes Against Children G-1
City of Salinas
T-909.015.024.001\ 2051820

EXHIBIT G

INSURANCE
GRANTEE, at GRANTEE'S sole cost and expense, shall procure and maintain for the duration of this AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the services hereunder by GRANTEE, its agents, representatives, employees, or subcontractors.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. The coverage provided by Insurance Services Office Commercial General Liability coverage ("occurrence") Form Number CG 0001, including products and completed operations; and

2. The coverage provided by Insurance Services Office Form Number CA 0001 covering Automobile Liability. Coverage shall be included for all owned, nonowned and hired automobiles; and

3. Workers' Compensation insurance as required by the California Labor Code and Employers Liability insurance; and
There shall be no endorsement reducing the scope of coverage required above, unless approved by the CITY’s Risk Manager.

B. Minimum Limits of Insurance
GRANTEE shall maintain limits no less than:

1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit; and

2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; and

3. Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the California Labor and Employers Liability limits of $1,000,000 per accident; coverage shall be endorsed to state carrier waives its rights of subrogation against the CITY, its officers, employees, agents and contractors; and

CITY OF SAN JOSE

GRANT AGREEMENT
Cal OES Internet Crimes Against Children G-2
City of Salinas
T-909.015.024.001\ 2051820
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by CITY's Risk Manager.

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

1. Commercial General Liability and Automobile Liability Coverages a. The City of San José, its officers, employees, and agents are to be covered as additional insureds as respects: Liability arising out of activities performed by or on behalf of, GRANTEE; products and completed operations of GRANTEE; premises owned, leased or used by GRANTEE; and automobiles owned, leased, hired or borrowed by GRANTEE. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, and agents.
b. GRANTEE's insurance coverage shall be primary insurance as respects CITY, its officers, employees, and agents. Any insurance or selfinsurance maintained by CITY, its officers, employees, or agents shall be excess of GRANTEE's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies by GRANTEE shall not affect coverage provided CITY, its officers, employees, or agents.
d. Coverage shall state that GRANTEE's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
e. Coverage shall contain a waiver of subrogation in favor of the CITY, its officers, employees, and agents.

2. Workers’ Compensation and Employers’ Liability
Coverage shall contain a waiver of subrogation in favor of the City of San José, its officers, employees, agents, and contractors.

3. All Coverages
Each insurance policy required by this AGREEMENT shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in limits except after thirty (30) days' prior written notice has been given to CITY.

CITY OF SAN JOSE

GRANT AGREEMENT
Cal OES Internet Crimes Against Children G-3
City of Salinas
T-909.015.024.001\ 2051820
E. Self-Insurance
CITY acknowledges that GRANTEE may desire to self-insure, which may be approved with the prior written agreement of CITY. Reasonable self-insurance programs and self-insured retentions in insurance policies are permitted by CITY. If GRANTEE uses a self-insurance program or self-insured retention, GRANTEE must provide CITY with the same protection from liability and defense of suits as would be afforded by first-dollar insurance. GRANTEE shall certify its intent to self-insure, in writing, in amounts meeting the requirements of this lease prior to execution of this AGREEMENT.

F. Verification of Coverage
GRANTEE shall furnish CITY with certificates of insurance and with original endorsements affecting coverage required by this AGREEMENT. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

Proof of insurance or self-insurance shall be emailed in pdf format to:

[email protected]:

City of San José – Finance
Risk Management
200 East Santa Clara St. 14th Floor Tower
San José, CA 95113-1905
G. Subcontractors
GRANTEE shall include all subcontractors as insured under its policies or shall obtain separate certificates and endorsements for each subcontractor.

Quote
Date
8/31/2023
Quote #
27192
Name / Address

SALINAS PD
222 Lincoln Ave
Salinas,CA 93901
Ship To
1242 E LEXINGTON AVE
POMONA, CA 91766
P.O. No. Terms
Net 30
Rep
Please contact your sales rep or one of our team member at [email protected] to confirm order. Refer to Quote number at the top right.

This quote is good for 45 days from the date on the top right.

Thank you for the opportunity!
Total
Subtotal
Sales Tax (9.25%)
Customer Contact

HUE MANALO
Customer Phone
831-758-7069
Customer E-mail
[email protected]
Tel: 909-632-1797, Fax: 714-6804988
www.siliconforensics.com
Item Description Qty Unit Price Total
006831 SiStor 2U Hybrid Storage Server
Dual Intel Xeon Scalable Gold 6330 (56 Cores Total)
OS: 960GB x 2 RAID 1 (Enterprise SSD Drives)
Tier 1: 15.3TB(4 X 3.84TB Enterprise NVMe SSD)
Tier 2: 128TB Native Storage (8 x 16TB Enterprise SATA HDD) 256GB ECC Reg DDR4 Memory
1000W Redundant hot swap power supply
(2) RJ45 Gigabit Copper NIC
Windows 2019 Server Standard
3 Years SiShield Warranty
1 23,680.00 23,680.00T
Shipping Shipping 220.00 220.00
$26,090.40
$23,900.00
$2,190.40
Quote
Date
9/6/2023
Quote #
27213
Name / Address

SALINAS PD
222 Lincoln Ave
Salinas,CA 93901
Ship To
1242 E LEXINGTON AVE
POMONA, CA 91766
P.O. No. Terms
Net 30
Rep
Please contact your sales rep or one of our team member at [email protected] to confirm order. Refer to Quote number at the top right.

This quote is good for 45 days from the date on the top right.

Thank you for the opportunity!
Total
Subtotal
Sales Tax (9.25%)
Customer Contact

HUE MANALO
Customer Phone
831-758-7069
Customer E-mail
[email protected]
Tel: 909-632-1797, Fax: 714-6804988
www.siliconforensics.com
Item Description Qty Unit Price Total
100019 SIFORCE X Forensic Workstation
Processors:
ꞏ Dual Intel 4310 Silver, 24 core total
Motherboard:
ꞏ Intel C621A chipset Motherboard
ꞏ (2) 1Gbe RJ45 Copper
ꞏ USB 2.0 X (4 Rear)
ꞏ USB 3.0 X (4 Rear, 4 Front)
ꞏ USB 3.2 C front
Memory:
ꞏ 128GB DDR4 2666 ECC
Video:
ꞏ nVidia GeForce GTX 1650 4GB
OS Drive:
ꞏ 1TB SSD Gen 4
Temp Drive:
ꞏ 1TB NVMe SSD Gen 4
Evidence Drive:
ꞏ 2TB NVMe SSD Gen 4
Storage:
ꞏ Backup drive: 4TB 7200RPM SATA III
ꞏ (3) Hot Swap Read/Write Trayless SATA Bay
ꞏ Vented Drive dock with fan
ꞏ 16X Blu-Ray/DVD-RW/CD-RW
Write Protected Bays:
ꞏ Tableau Write Protected Bridge
Read only SATA port
Read only IDE port
Read only USB port
Read only FW800 port
5 6,895.00 34,475.00T