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, Sears at Northridge Mall 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:
Sincerely, t
Cody Campagne
Cultural Resources Analyst
Attachment
CITY OF SALINAS – General Plan Amendment & Rezone: Sears (Northridge Mall) | 163
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
Miles
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
0.035 0.07 0.14 0.21
- - - - Miles
CITY OF SALINAS· EDGE OF DOWNTOWN/ FRONT ANO JOHN STREETS GENERAL PLAN AMENDMENT ANO REZONE
INITIAL STUOY
•
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 ()
0 0.05 0.1 0.2 0.3
Miles
CITY OF SALINAS - LARGE SHOPPING CENTER/FOODS CO GENERAL PLAN AMENDMENT AND REZONE
INITIAL STUDY
f?JRECISJttN
_,CIVIL ENGINEERING, INC _
- Created 7/ 18/ 2022
22‐64 (Mixed‐Use GPA & Rezone Project, Salinas) 2‐25‐23 21 FIGURE 4: LAUREL WEST SHOPPING CENTER
D Project Site
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
Miles
CITY OF SALINAS· LARGE SHOPPING CENTER/LAUREL WEST SHOPPING CENTER
GENERAL PLAN AMENDMENT AND REZONE
INITIAL STUDY
P RECISIO N
--S VJ ... E,,G l\EEt:H~G. l~C
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
Miles
PRE CISJttN -SIVIL ENG N:=E.RING, IN(:
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
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‐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
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‐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
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‐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: Sears (Northridge Mall) | 164
7.6 Appendix F: Trip Generation Memo
Prepared by Precision Civil Engineering, Inc., on April 4, 2023.
Trip Generation Analysis for Sears (Northridge Mall) 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 Sears (Northridge Mall) Mixed Use Rezone DATE: April 6, 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. ITE land use code 820 – Shopping Center was used to describe the site’s existing commercial uses, including Sears at Northridge Mall.
The existing operations of the Project site are estimated to generate 3,377 ADT.
Table 1 Existing Trip Generation
ITE Land Use
Commercial
(Square
Footage)
Trip Generation
(ADT)
Trip Generation
(ADT)
820 - Shopping Center
(>150k) 91,253 37.01 3,377
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 1,496 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 435 3.44 1,496
Conclusion
t-i1HE6l-5' I ttJ\, ~ IL ENG IN E'. RING, 'lf5_- _
Trip Generation Analysis for Sears (Northridge Mall) Mixed Use Rezone 2 1234 O Street
Fresno, CA 93721
(559) 449-4500
Full buildout under the implementation of the proposed Project will generate 1,881 less ADT than existing operations on the Project site.
µpti£bl5 lttt\l ~ IL ENG IN E'. RING, lli£_- _
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, October 24, 2023
RECONSIDER 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)
RE-ISSUE of PUBLIC HEARING NOTICE
Alisal Marketplace
Laurel West Edge of Downtown Foods Co.
Sears
Alisal Marketplace Additional Analysis
Property owner shared their
concerns on 10/3/2023
City Analysis:
Existing businesses
continue
180 days to re-establish use
if a vacancy occurs
Property Value and Mixeduse viability subject to
market conditions
General Plan Update to
change land use
designation
Recommendation
It is recommended that the City Council take the following two actions:
1. Approve a resolution:
a. rescinding Resolution No. 22797 (N.C.S.), approved by the City Council on September 26, 2023; and b. 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?
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.
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-627, Version: 1
Zoning Code Amendment 2022-004; Amend Zoning Code Section 37-50.620 (On-Site Sign Regulations) of Chapter 37 of the Salinas Municipal Code (Zoning Code) to allow consideration of public service information, marquee, changeable copy, and other signs for public/private school uses Consider finding Zoning Code Amendment 2022-004 categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 and adopting an Ordinance amending Chapter 37 of the Salinas Municipal Code (Zoning Code) to allow consideration of public service information, marquee, changeable copy, and other signs for public/private school uses.
City of Salinas Page 1 of 1 Printed on 10/19/2023
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Page | 1
CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: OCTOBER 24, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, COMMUNITY DEVELOPMENT DIRECTOR
THROUGH: COURTNEY GROSSMAN, PLANNING MANAGER
BY: THOMAS WILES, SENIOR PLANNER
TITLE: ZONING CODE AMENDMENT 2022-004; AMEND ZONING CODE SECTION 37-50.620 (ON-SITE SIGN REGULATIONS) OF
CHAPTER 37 OF THE SALINAS MUNICIPAL CODE (ZONING
CODE) TO ALLOW CONSIDERATION OF PUBLIC SERVICE
INFORMATION, MARQUEE, CHANGEABLE COPY, AND
OTHER SIGNS FOR PUBLIC/PRIVATE SCHOOL USES
RECOMMENDED MOTION:
A motion finding Zoning Code Amendment 2022-004 categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 and adopting an Ordinance amending Chapter 37 of the Salinas Municipal Code (Zoning Code) to allow consideration of public service information, marquee, changeable copy, and other signs for public/private school uses.
EXECUTIVE SUMMARY:
Chapter 37, Article VI, Division 14 provides a process whereby zoning code amendments are brought before the City Council for a final decision. The proposed Zoning Code Amendment (Amendment or ZCA) would allow consideration of public service information, marquee, changeable copy, and other signs at public/private school uses.
BACKGROUND:
Zoning Code Amendment 2022-004 (ZCA 2022-004) proposes to amend Zoning Code Section 37-50.620 (On-Site Sign Regulations) to allow public service information, marquee, changeable copy, and other signs at public/private schools as defined by Zoning Code Section 37-50.430 as Page | 2
follows:
“School, Public/Private. A public and semipublic land use such as a private or public school (grades kindergarten through high school, or their equivalent), college or university qualified by the State Board of Education to give general academic instruction.
Excludes trade and driving schools.”
Palma School Foundation, a private school, is requesting a ZCA to allow marquee signs at private schools. There are currently at least six (6) private schools within the City of Salinas:
1. Anthem Christian School – 345 East Alvin Drive
2. Madonna Del Sasso School - 20 Santa Teresa Way
3. Melody Park Christian School – 1130 San Vincente Avenue
4. Notre Dame High School – 455 Palma Drive
5. Palma School – 919 Iverson Street
6. Sacred Heart School – 123 West Market Street
Currently, the Zoning Code does not allow for public service information, marquee, changeable copy, and other signs at public/private school uses. However, various marquee signs have been constructed at several public schools throughout the City of Salinas pursuant to State of California regulations. Per Government Code Section 53094, a school district by a vote of two-thirds of its members may render a City of County Zoning Ordinance inapplicable to a proposed use of property by the district. The governing board of the school district may not take this action when the proposed use of the property by the school district is for non-classroom facilities, including but not limited to, warehouses, administrative buildings, and automotive storage and repair buildings.
The Amendment would allow marquee and reader board signs for both public and private schools.
These types of signs would only be allowed for public/private school uses as defined above but would not be allowed for other types of schools including, but not limited to, trade and driving schools and preschools.
A preliminary plan by Palma is attached to this report (see Preliminary Palma HS Proposed Marquee Sign). Staff notes that the plan requires revisions for compliance with the required visibility triangles at the driveway with the public street, and minimum clearance of 10 feet measured from the curb. Prior to issuance of a sign permit by the Permit Center, a Master Sign Plan must be obtained from Community Development per Zoning Code Section 37-50.570.
On October 4, 2023, the Planning Commission recommended that the City Council find Zoning Code Amendment 2022-004 exempt from the California Environmental Quality Act (CEQA) and recommended the Council approve the Amendment (see attached Planning Commission Resolution 2023-10). A public hearing notice for the City Council meeting on October 24, 2023, regarding the Amendment was published in the Monterey Herald on October 10, 2023.
Page | 3
DISCUSSION:
Analysis:
Currently, Zoning Code Section 37-50.620(e) allows theaters, cinemas, and religious assembly uses may install and/or construct marquee, changeable copy, or other signs as follows:
(e) Theater, Cinema, and Religious Assembly Signs. Signs deviating from the standards of this division may be allowed for theaters, cinemas, or religious assembly uses subject to the approval of a master sign plan. The master sign plan may allow marquee signs (for theaters and cinemas only), changeable copy signs, and other signs for cinema, theater, or religious assembly uses not otherwise authorized by this division, if the city planner or other applicable approval authority determines that such modifications:
(1) Would be consistent with the style and character of existing signs on the site; (2) Would be compatible with the character of signs on adjacent properties; (3) Would not detract from the use and enjoyment of adjacent properties; and (4) Would not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic.
The Amendment includes changes to subsection 37-50.620(d)(4) concerning Illuminated and Moving Signs in reference to movement, apparent movement, or intensity of illumination of a sign similar to those allowed in Zoning Code Section 37-50.620(e).
The Amendment is shown below (changes in strikethrough/underline format):
“(d) Illuminated and Moving Signs.
(1) Signs in an A, R, NU (NE, NG-1, and NG-2), CO, CO/R, P, OS, or PS district shall, if lighted, be indirectly and continuously illuminated. (2) Signs shall not have exposed fluorescent tubes or incandescent bulbs, unless such signs are approved as part of a master sign plan or a site plan review for a cinema or theater.
(3) Signs visible from and within one hundred feet of an R or NU (NE, NG-1, and NG2) district shall not be illuminated between 10:00 p.m. and 7:00 a.m. unless approved as part of a master sign plan. In order to approve the master sign plan, the city planner shall determine that the proposed sign:
(A) Identifies a business or use that is open for business during those hours; and (B) Has been oriented, sited, or otherwise designed to minimize glare or lighting impacts on the adjacent R or NU zoning district.
(4) No movement or apparent movement of or in a sign or change in intensity of illumination of a sign shall be permitted (including no changeable copy) except for Page | 4
public service information signs, marquee signs, and changeable copy signs for theaters, cinemas, religious assembly uses, public/private school uses, and service station price signs as provided for in this division.
(e) Theater, Cinema, Public/Private Schools, and Religious Assembly Signs. Signs deviating from the standards of this division may be allowed for theaters, cinemas, public/private school uses, or religious assembly uses subject to the approval of a master sign plan. The master sign plan may allow marquee signs (for theaters, and cinemas, and public/private schools only), changeable copy signs, and other signs for cinema, theater, public/private schools, or religious assembly uses not otherwise authorized by this division, if the city planner or other applicable approval authority determines that such modifications:
(1) Would be consistent with the style and character of existing signs on the site; (2) Would be compatible with the character of signs on adjacent properties; (3) Would not detract from the use and enjoyment of adjacent properties; and (4) Would not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic.”
Findings in support of the proposed Amendment are incorporated in the attached City Council Ordinance.
CEQA CONSIDERATION:
The environmental impacts of the project have been analyzed in accordance with the California Environmental Quality Act (CEQA). The proposed Zoning Code Amendment is categorically exempt (Class 5) from further environmental analysis per CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations).
STRATEGIC PLAN INITIATIVE:
This action supports the Council’s Strategic Goal of Youth and Seniors. The amendment supports healthy development and social connections through recreational facilities, programs, and activities for the youth of Salinas.
DEPARTMENTAL COORDINATION:
This ZCA to the sign regulations has been coordinated with the City Attorney’s Office.
FISCAL AND SUTABILITY IMPACT:
No significant impacts to the City’s General Fund are anticipated with the Amendment.
Page | 5
ATTACHMENTS:
Draft City Council Ordinance
Planning Commission Resolution 2023-10
October 4, 2023 Planning Commission Staff Report without attachments Proposed Palma High School Marquee Sign
ORDINANCE NO. ________ (N.C.S)
AN ORDINANCE AMENDING SECTION 37-50.620 (ON-SITE SIGN REGULATIONS) OF CHAPTER 37 OF THE SALINAS MUNICIPAL CODE (ZONING CODE) TO
ALLOW FOR PUBLIC SERVICE INFORMATION, MARQUEE, CHANGEABLE
COPY, AND OTHER SIGNS FOR PUBLIC/PRIVATE SCHOOL USES
(ZCA 2022-004)
WHEREAS, on November 7, 2006, the Salinas City Council, adopted Ordinance Number 2463 replacing the existing Zoning Code; and
WHEREAS, the Salinas City Council has amended various provisions of Chapter 37 of the Salinas Municipal Code (“Zoning Code”) to allow for general changes, language clarification, and minor corrections; and
WHEREAS, on October 4, 2023, the Salinas Planning Commission, held a duly noticed public hearing to consider Zoning Code Amendment 2022-004; and WHEREAS, on October 4, 2023, at a duly noticed public hearing, the Salinas Planning Commission recommended that the City Council introduce and adopt Zoning Code Amendment 2022-004, which amends Section 37-50.620 (On-site Sign Regulations) of Chapter 37 to allow for public service information, marquee, changeable copy, and other signs for public/private school uses; and
WHEREAS, the Planning Commission weighed the evidence presented at said public hearing, considered the staff report, determined that positive findings could be made for approval of the project and adopted Resolution No. 2023-10 recommending that the City Council finds Zoning Code Amendment 2022-004 exempt from the California Environmental Quality Act (CEQA) and approve Zoning Code Amendment 2022-004; and
WHEREAS, on October 17, 2023, the Housing and Land Use Committee recommended that the City Council approve the Amendment; and
WHEREAS, on October 24, 2023, at a duly noticed public hearing, the City Council weighed the evidence, including the Staff Report which is on file at the Community Development Department together with the record of environmental review and hereby finds that the following amendment will not have the effect of reversing policies of the Salinas General Plan or other plans and policies previously adopted by the City Council and the City Council finds the project to be categorically exempt from the California Environmental Quality Act (CEQA), as follows:
Categorical Exemption:
1. The project has been found to be a Class 5 Categorical Exemption pursuant to Guidelines Section 15305 of the Guidelines to the California Environmental Quality Act (CEQA);
The proposed Zoning Code Amendment to modify Zoning Code Section 37-50.620 (Onsite Sign Regulations) to allow for public service information, marquee, changeable copy, and other signs for public/private school uses is categorically exempt from further environmental analysis per CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations). The proposed Amendment would not result in a significant environmental impact since it involves a minor alteration to the above referenced Zoning Code Section.
WHEREAS, the Salinas City Council adopts the following findings, as set forth in Zoning Code Section 37-60.1120, as the basis for its introduction and adoption of the proposed Zoning Code Amendment:
Zoning Code Amendment 2022-004:
1. The Amendment is consistent with the Salinas General Plan and other plans and policies adopted by the Salinas City Council.
The Amendment would not result in uses inconsistent with any land use designation. It would allow for consideration of public service information, marquee, changeable copy, and other signs at public/private school uses. Currently, these types of signs have been constructed at several public schools throughout the City of Salinas pursuant to State of California regulations per Government Code Section 53094. The Amendment would allow for private schools to install and/or construct the same types of signs that are permitted by the state for public schools. The Amendment is consistent with General Plan Goal LU-9 by allowing local School Districts and other education organizations the ability to ensure that a level of public education is provided that meets community educational needs by providing timely school-related information to the community. As a result, the Amendment is consistent with the General Plan.
2. The Amendment will not have the effect of reversing the policies of the Salinas General Plan, any applicable Specific Plan, and other plans and policies adopted by the Salinas City Council.
The Amendment would allow for private schools to install and/or construct the same types of signs that are permitted by the state for public schools and is consistent with General Plan Goal LU-9 by allowing local School Districts and other education organizations the ability to ensure that a level of public education is provided that meets community educational needs by providing timely school-related information to the community. As a result, the Amendment would not have the effect of reversing the policies of the General Plan, any applicable Specific Plan, and other plans and policies adopted by the Salinas City Council.
3. The Amendment would not create an isolated district unrelated to adjacent zoning districts.
The Amendment will not create any additional zoning districts.
4. The City has the capability to provide public utilities, roads, and services to serve the uses allowed by the proposed amendment.
Salinas is an urbanized area and public infrastructure is presently in place to serve most uses. The Amendment would not create the need for additional infrastructure.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF SALINAS AS FOLLOWS: (Revisions are shown in underline/strikethrough text) SECTION 1. Amend Zoning Code Section 37-50.620 (d) and (e) to read as follows:
“(d) Illuminated and Moving Signs.
(1) Signs in an A, R, NU (NE, NG-1, and NG-2), CO, CO/R, P, OS, or PS district shall, if lighted, be indirectly and continuously illuminated. (2) Signs shall not have exposed fluorescent tubes or incandescent bulbs, unless such signs are approved as part of a master sign plan or a site plan review for a cinema or theater.
(3) Signs visible from and within one hundred feet of an R or NU (NE, NG-1, and NG2) district shall not be illuminated between 10:00 p.m. and 7:00 a.m. unless approved as part of a master sign plan. In order to approve the master sign plan, the city planner shall determine that the proposed sign:
(A) Identifies a business or use that is open for business during those hours; and (B) Has been oriented, sited, or otherwise designed to minimize glare or lighting impacts on the adjacent R or NU zoning district.
(4) No movement or apparent movement of or in a sign or change in intensity of illumination of a sign shall be permitted (including no changeable copy) except for public service information signs, marquee signs, and changeable copy signs for theaters, cinemas, religious assembly uses, public/private school uses, and service station price signs as provided for in this division.
(e) Theater, Cinema, Public/Private Schools, and Religious Assembly Signs. Signs deviating from the standards of this division may be allowed for theaters, cinemas, public/private school uses, or religious assembly uses subject to the approval of a master sign plan. The master sign plan may allow marquee signs (for theaters, and cinemas, and public/private schools only), changeable copy signs, and other signs for cinema, theater, public/private schools, or religious assembly uses not otherwise authorized by this division, if the city planner or other applicable approval authority determines that such modifications:
(1) Would be consistent with the style and character of existing signs on the site; (2) Would be compatible with the character of signs on adjacent properties; (3) Would not detract from the use and enjoyment of adjacent properties; and (4) Would not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic.”
SECTION 2. This Ordinance shall take effect and be in force thirty days from and after its adoption.
SECTION 3. The Salinas City Clerk is hereby directed to cause the following summary of this ordinance to be published by one (1) insertion in The Monterey Herald, a newspaper of general circulation published and circulated in the City of Salinas and hereby designated for that purpose by the Salinas City Council:
“An Ordinance amending Chapter 37 of the Salinas Municipal Code (Zoning Code) to allow for public service information, marquee, changeable copy, and other signs for public/private school uses (ZCA 2022-004)”
SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
The Salinas City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
This Ordinance was introduced and read on October 24, 2023 and passed and adopted on October 24, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED
_________________________________
Kimbley Craig, Mayor
ATTEST
________________________
Patricia M. Barajas, City Clerk
APPROVED AS TO FORM
___________________________
Christopher A. Callihan, City Attorney
Page | 1
CITY OF SALINAS
PLANNING COMMISSION REPORT
DATE: OCTOBER 4, 2023
TO: PLANNING COMMISSION
FROM: COURTNEY GROSSMAN, PLANNING MANAGER
BY: THOMAS WILES, SENIOR PLANNER
TITLE: ZONING CODE AMENDMENT 2022-004; AMEND ZONING CODE SECTION 37-50.620 (ON-SITE SIGN REGULATIONS) OF CHAPTER 37
OF THE SALINAS MUNICIPAL CODE (ZONING CODE) TO ALLOW
CONSIDERATION OF PUBLIC SERVICE INFORMATION, MARQUEE,
CHANGEABLE COPY, AND OTHER SIGNS FOR PUBLIC/PRIVATE
SCHOOL USES
RECOMMENDED MOTION:
A motion to approve a Resolution recommending that the City Council find the project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 and then adopt an Ordinance amending Chapter 37 of the Salinas Municipal Code (Zoning Code) to allow consideration of public service information, marquee, changeable copy, and other signs for public/private school uses.
EXECUTIVE SUMMARY:
Chapter 37, Article VI, Division 14 provides for a process whereby all Zoning Code Amendments are brought before the Planning Commission for a recommendation to the City Council for a final decision. The proposed Zoning Code Amendments (ZCA) would allow public service information, marquee, changeable copy, and other signs at public/private school uses.
BACKGROUND:
Zoning Code Amendment 2022-004 (ZCA 2022-004) proposes to amend Zoning Code Section 37-50.620 (On-Site Sign Regulations) to allow public service information, marquee, changeable copy, and other signs at public/private schools as defined by Zoning Code Section 37-50.430 as follows:
“School, Public/Private. A public and semipublic land use such as a private or public Page | 2
school (grades kindergarten through high school, or their equivalent), college or university qualified by the State Board of Education to give general academic instruction.
Excludes trade and driving schools.”
Palma School Foundation, a private school, is requesting the Amendment to allow marquee signs at private schools. There are currently at least six (6) private schools within the City of Salinas:
1. Anthem Christian School – 345 East Alvin Drive
2. Madonna Del Sasso School - 20 Santa Teresa Way
3. Melody Park Christian School – 1130 San Vincente Avenue
4. Notre Dame High School – 455 Palma Drive
5. Palma School – 919 Iverson Street
6. Sacred Heart School – 123 West Market Street
Currently, the Zoning Code does not allow for public service information, marquee, changeable copy, and other signs at public/private school uses. However, various marquee signs have been constructed at several public schools throughout the City of Salinas pursuant to State of California regulations. Per Government Code Section 53094, a school district by a vote of two-thirds of its members may render a City of County Zoning Ordinance inapplicable to a proposed use of property by the district. The governing board of the school district may not take this action when the proposed use of the property by the school district is for non-classroom facilities, including but not limited to, warehouses, administrative buildings, and automotive storage and repair buildings.
The Amendment would allow marquee and reader board signs for both public and private schools.
These types of signs would only be allowed for public/private school uses as defined above but would not be allowed for other types of schools including, but not limited to, trade and driving schools and preschools.
A preliminary plan by Palma is attached to this report (see Preliminary Palma HS Proposed Marquee Sign). Staff notes that the plan requires revisions for compliance with the required visibility triangles at the driveway with the public street, and minimum clearance of 10 feet measured from the curb. Prior to issuance of a sign permit by the Permit Center, a Master Sign Plan must be obtained from Community Development per Zoning Code Section 37-50.570.
A public hearing notice for the Planning Commission meeting on October 4, 2023, regarding the proposed Amendment was published in the Monterey Herald on September 18, 2023.
DISCUSSION:
Analysis:
Currently, Zoning Code Section 37-50.620(e) allows theaters, cinemas, and religious assembly uses may install and/or construct marquee, changeable copy, another other signs as follows:
(e) Theater, Cinema, and Religious Assembly Signs. Signs deviating from the standards of this division may be allowed for theaters, cinemas, or religious assembly uses subject to the Page | 3
approval of a master sign plan. The master sign plan may allow marquee signs (for theaters and cinemas only), changeable copy signs, and other signs for cinema, theater, or religious assembly uses not otherwise authorized by this division, if the city planner or other applicable approval authority determines that such modifications:
(1) Would be consistent with the style and character of existing signs on the site; (2) Would be compatible with the character of signs on adjacent properties; (3) Would not detract from the use and enjoyment of adjacent properties; and (4) Would not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic.
The Amendment includes changes to subsection 37-50.620(d)(4) concerning Illuminated and Moving Signs in reference to movement, apparent movement, or intensity of illumination of a sign similar to those allowed in Zoning Code Section 37-50.620(e).
The Amendment is shown below (changes in strikethrough/underline format):
“(d) Illuminated and Moving Signs.
(1) Signs in an A, R, NU (NE, NG-1, and NG-2), CO, CO/R, P, OS, or PS district shall, if lighted, be indirectly and continuously illuminated. (2) Signs shall not have exposed fluorescent tubes or incandescent bulbs, unless such signs are approved as part of a master sign plan or a site plan review for a cinema or theater.
(3) Signs visible from and within one hundred feet of an R or NU (NE, NG-1, and NG2) district shall not be illuminated between 10:00 p.m. and 7:00 a.m. unless approved as part of a master sign plan. In order to approve the master sign plan, the city planner shall determine that the proposed sign:
(A) Identifies a business or use that is open for business during those hours; and (B) Has been oriented, sited, or otherwise designed to minimize glare or lighting impacts on the adjacent R or NU zoning district.
(4) No movement or apparent movement of or in a sign or change in intensity of illumination of a sign shall be permitted (including no changeable copy) except for public service information signs, marquee signs, and changeable copy signs for theaters, cinemas, religious assembly uses, public/private school uses, and service station price signs as provided for in this division.
(e) Theater, Cinema, Public/Private Schools, and Religious Assembly Signs. Signs deviating from the standards of this division may be allowed for theaters, cinemas, public/private school uses, or religious assembly uses subject to the approval of a master sign plan. The master sign plan may allow marquee signs (for theaters, and cinemas, and public/private schools only), changeable copy signs, and other signs for cinema, theater, Page | 4
public/private schools, or religious assembly uses not otherwise authorized by this division, if the city planner or other applicable approval authority determines that such modifications:
(1) Would be consistent with the style and character of existing signs on the site; (2) Would be compatible with the character of signs on adjacent properties; (3) Would not detract from the use and enjoyment of adjacent properties; and (4) Would not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic.”
Findings in support of the proposed Zoning Code Amendment are incorporated in the attached Planning Commission Resolution.
CONCLUSION:
The proposed Zoning Code Amendment would allow Public/Private School uses to construct/install public service information signs, marquee signs, changeable copy signs and other signs pursuant to the Sign Ordinance.
CEQA CONSIDERATION:
The environmental impacts of the project have been analyzed in accordance with the California Environmental Quality Act (CEQA). The proposed Zoning Code Amendment is categorically exempt (Class 5) from further environmental analysis per CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations).
TIME CONSIDERATION:
The proposed project is a request for a Zoning Code Amendment, which is a legislative act and not subject to the Permit Streamlining Act (PSA).
ALTERNATIVES AVAILABLE TO THE COMMISSION:
The Planning Commission has the following alternatives:
1) Affirmthe findingssetforth in the attachedResolution,recommendingthat theCityCouncil find the Amendment exemptfromCEQA and introduce and then adopt theAmendmentwith modifications; or
2) Find that the amendment is not appropriate and establish findings at the public hearing recommending that the City Council deny the Amendment.
Page | 5
ATTACHMENTS:
Draft Planning Commission Resolution
Draft City Council Ordinance
Preliminary Palma HS Proposed Marquee Sign
I:\ComDev\Planning Share Space\Zoning Code Amendments\ZCA 2022-004 - School signs\ZCA 2022-004 PC Staff Report.doc.docx
SALINAS PLANNING COMMISSION
RESOLUTION NO. 2023-___
RESOLUTION RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING AN ORDINANCE AMENDING SECTION 37-50.620 (“ON-SITE SIGN REGULATIONS”) OF CHAPTER 37 OF THE MUNICIPAL CODE (ZONING CODE) (ZCA 2022-004)
WHEREAS, on November 7, 2006, the Salinas City Council, adopted Ordinance Number 2463 replacing the existing Zoning Code; and
WHEREAS, the Salinas City Council has amended various provisions of Chapter 37 of the Salinas Municipal Code (“Zoning Code”) to allow for general changes, language clarification, and minor corrections; and
WHEREAS, Sections 37-50.620(d) and (e) of Chapter 37 of the Municipal Code (Zoning Code) allows public service information, marquee, changeable copy, and other signs for theaters, cinemas, and religious assembly uses; and
WHEREAS, on October 4, 2023, at a duly noticed public hearing, the Salinas Planning Commission recommended that the City Council introduce and adopt Zoning Code Amendment 2022-002, which amends Section 37-50.620 (“On-site Sign Regulations”) of the Salinas Municipal Code (Zoning Code) to allow public service information, marquee, changeable copy, and other signs at public/private school uses as defined by Section 37-10.430; and WHEREAS, on October 4, 2023, the Salinas Planning Commission weighed the evidence presented at hearing, including the Staff Report which is on file at the Community Development Department together with the record of environmental review and hereby finds that the following amendment will not have the effect of reversing policies of the Salinas General Plan or other plans and policies previously adopted by the City Council and finds the project to be categorically exempt from the California Environmental Quality Act (CEQA), as follows:
NOW, THEREFORE, BE IT RESOLVED by the Salinas Planning Commission that the Commission recommends that the City Council find the project to be categorically exempt from the California Environmental Quality Act and introduce and then adopt Zoning Code Amendment 2022-004; and
BE IT FURTHER RESOLVED that the Salinas Planning Commission adopts the following findings as the basis for its determination, and that the foregoing recitations are true and correct, and are included herein by reference as findings:
Categorical Exemption:
1. The project has been found to be a Class 5 Categorical Exemption pursuant to Guidelines Section 15305 of the Guidelines to the California Environmental Quality Act (CEQA).
The proposed Zoning Code Amendment to modify Zoning Code Section 37-50.620 (Onsite Sign Regulations) to allow for public service information, marquee, changeable copy, and other signs for public/private school uses is categorically exempt from further Planning Commission Resolution 2023-
Zoning Code Amendment 2022-004
environmental analysis per CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations). The proposed Amendment would not result in a significant environmental impact since it involves a minor alteration to the above referenced Zoning Code Section.
WHEREAS, the Salinas City Council adopts the following findings, as set forth in Zoning Code Section 37-60.1120, as the basis for its introduction and adoption of the proposed Zoning Code Amendment:
Zoning Code Amendment 2022-004:
1. The Amendment is consistent with the Salinas General Plan and other plans and policies adopted by the Salinas City Council.
The Amendment would not result in uses inconsistent with any land use designation. It would allow for consideration of public service information, marquee, changeable copy, and other signs at public/private school uses. Currently, these types of signs have been constructed at several public schools throughout the City of Salinas pursuant to State of California regulations per Government Code Section 53094. The Amendment would allow for private schools to install and/or construct the same types of signs that are permitted by the state for public schools. The Amendment is consistent with General Plan Goal LU-9 by allowing local School Districts and other education organizations the ability to ensure that a level of public education is provided that meets community educational needs by providing timely school-related information to the community. As a result, the Amendment is consistent with the General Plan.
2. The Amendment will not have the effect of reversing the policies of the Salinas General Plan, any applicable Specific Plan, and other plans and policies adopted by the Salinas City Council.
The Amendment would allow for private schools to install and/or construct the same types of signs that are permitted by the state for public schools and is consistent with General Plan Goal LU-9 by allowing local School Districts and other education organizations the ability to ensure that a level of public education is provided that meets community educational needs by providing timely school-related information to the community. As a result, the Amendment would not have the effect of reversing the policies of the General Plan, any applicable Specific Plan, and other plans and policies adopted by the Salinas City Council.
3. The Amendment would not create an isolated district unrelated to adjacent zoning districts.
The Amendment will not create any additional zoning districts.
4. The City has the capability to provide public utilities, roads, and services to serve the uses allowed by the proposed amendment.
Planning Commission Resolution 2023-
Zoning Code Amendment 2022-004
Salinas is an urbanized area and public infrastructure is presently in place to serve most uses. The Amendment would not create the need for additional infrastructure.
PASSED AND APPROVED this 4th day of October 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
THIS IS TO CERTIFY that the foregoing is a full, true, and correct copy of a Resolution of the Planning Commission of the City of Salinas, that said Resolution was passed and approved by the affirmative and majority vote of said Planning Commission at a meeting held on October 4, 2023, and that said Resolution has not been modified, amended, or rescinded, and is now in full force and effect.
SALINAS PLANNING COMMISSION
Date: ________________________ _______________________________ Courtney Grossman
Secretary
I:\ComDev\Planning Share Space\Zoning Code Amendments\ZCA 2022-004 - School signs\ZCA 2022-004 PC Resolution.docx
ZONING CODE AMENDMENT 2022-004; AMEND ZONING
CODE SECTION 37-50.620 (ON-SITE SIGN REGULATIONS) OF
CHAPTER 37 OF THE SALINAS MUNICIPAL CODE (ZONING
CODE) TO ALLOW CONSIDERATION OF PUBLIC SERVICE
INFORMATION, MARQUEE, CHANGEABLE COPY, AND
OTHER SIGNS FOR PUBLIC/PRIVATE SCHOOL USES
Thomas Wiles, Senior Planner
Community Development Department
Tuesday, October 24, 2023
Zoning Code Amendment 2022-004
Amend Zoning Code Section:
• 37-50.620 (On-Site Sign Regulations)
• Allow:
• Public Service Information;
• Marquee;
• Changeable Copy; and
• Other signs for public/private school uses
• Schools defined by Section 37-10.430
• Not allowed at private schools
• Public schools cite GC Section 53094
Discussion
• Section 37-50.620(e):
• Theaters;
• Cinemas; and
• Religious Assembly
• Allows Marquee, Changeable Copy; and other signs
• Not allowed at private schools:
• Not under State jurisdiction
Proposed Palma High School Marquee Sign
Proposed Modifications
• Modify Sections 37-50.620(d) and (e):
• Allow Illuminated and Moving Signs for public/private school uses • Public school site signs – Office of State Architect
• Master Sign Plan required (MSP):
• Compliant with Section 37-50.570(b)
• Sign Permit, Temporary Sign Permit, or MSP:
• Compliant with Section 37-50.570(c)
• MSP is administratively approved:
• CUP if greater sign area is requested
• Public schools don’t need 2/3rd majority
CEQA and Conclusion
• Exempt from CEQA per Section 15305
• Minor Alterations in Land Use Limitations
• October 4, 2023 - Planning Commission recommended approval • Staff recommends City Council:
• Find the project exempt from CEQA; and
• Adopt an Ordinance amening Chapter 37 of the Salinas Municipal Code to allow:
• Public Service Information;
• Marquee;
• Changeable Copy; and
• Other signs for public/private school
• Public Notice:
• Published as a 1/8th page – 10/10/23
CEQA AND PLANNING COMMISSION
• Exempt from CEQA per Section 15305
• Minor Alterations in Land Use Limitations
• October 4, 2023 - Planning Commission recommended approval City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-631, Version: 1
Resolution of Intention to Form an Enhanced Infrastructure Financing District (EIFD) and Agreement for Professional Services with Kosmont & Associates to support EIFD Formation Approve a Resolution directing staff to prepare a Resolution of Intention (ROI) to Form an Enhanced Infrastructure Financing District (EIFD) to fund backbone infrastructure at the Salinas Ag Industrial Center (SAIC); and authorizing the Mayor to execute an Agreement for Professional Services (Agreement) between the City of Salinas and Kosmont & Associates Inc, (“Kosmont”) for a total compensation amount not to exceed $129,000.00 for the Enhanced Infrastructure Finance District (“EIFD”) Formation Advisory for the Salinas Ag-Industrial Center Specific Plan (“SAIC”).
City of Salinas Page 1 of 1 Printed on 10/19/2023
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Page | 1
CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: OCTOBER 24, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
BY: MICHAEL GOMEZ, ECONOMIC DEVELOPMENT ANALYST
TITLE: ENHANCED INFRASTRUTURE FINANCING DISTRICT (EIFD) AND
AN AGREEMENT OF PROFESSIONAL SERVICES WITH KOSMONT
& ASSOCIATES TO SUPPORT EIFD FORMATION
RECOMMENDED MOTION:
A motion to approve a Resolution:
1) directing staff to prepare a Resolution of Intention (ROI) to Form an Enhanced Infrastructure Financing District (EIFD) to fund backbone infrastructure at the Salinas Ag Industrial Center (SAIC); and
2) authorizing the Mayor to execute an Agreement for Professional Services (Agreement) between the City of Salinas and Kosmont & Associates Inc, (“Kosmont”) for a total compensation amount not to exceed $129,000for EIFD Formation Advisory for the Salinas Ag-Industrial Center.
EXECUTIVE SUMMARY:
This report provides an update on the 2016 analysis prepared to evaluate the feasibility of using an EIFD to fund backbone infrastructure required to facilitate development of the SAIC. The 2023 analysis reaffirms that EIFD formation continues to be the most optimal and sustainable funding solution for the project. By capturing increased property tax revenue generated from future development within the designated district, an EIFD ensures financial resources to help support infrastructure development.
BACKGROUND:
In 2010, the Salinas City Council approved the SAIC project entitlements. The primary SAIC objectives are establishing opportunity sites for new and existing ag related industries in Salinas and to promote associated industrial job creation and retention. The SAIC provides 257 acres for agricultural industry expansion and cluster development with focus on food storage, warehousing, food processing, packaging suppliers and other ag support uses. Almost 13 years later, the SAIC remains undeveloped largely due to costs associated with building necessary backbone infrastructure. 2022 estimates Page | 2
calculate the cost of infrastructure required to support both Phase 1 and Phase 2 SAIC development to be over $69 million dollars, making any future development of the SAIC financially infeasible for developers or the property owner. Attachment 1 to this report is an aerial photo of the SAIC Project Area.
On October 10, 2023 staff took this item to the Finance Committee and received approval to move this item forward to City Council to request approval for staff to prepare a Resolution of Intention to form an EIFD and authorize the execution of an Agreement for Professional Services with Kosmont to prepare the analysis and documents required for Council consideration.
DISCUSSION:
How do EIFDs Work?
EIFDs can be used on both large-scale projects and smaller urban/rural in-fill projects with a focus on infrastructure improvements including:
- roads, highways and bridges,
- parking facilities,
- transit stations,
- sewage and water facilities,
- flood control and drainage projects, and
- solid waste disposal.
EIFDs are a “re-boot” of former redevelopment project areas and use the same funding tool, the gain in an identified area’s assessed value and resulting increase in property tax collected, to fund project area improvements. This gain is referred to as tax increment. Because development and the resulting increase in assessed property value occurs over time, tax increment revenue is not immediately available. Therefore, EIFD projects tend to be layered with several financial instruments such as bond issuance, other district/benefit assessments, development fees, and private investment to jump start the EIFD.
EIFD bonding capacity is based on 1) the projected tax increment in the District over time; and 2) the percentage of tax increment the City and County commit to the EIFD. The tax increment collected over time is used to pay bond debt service. A City and County partnership committing 100% of tax increment collected maximizes the bonding capacity of an EIFD to ensure sufficient funds to cover SAIC infrastructure cost. Another benefit of EIFD formation is the leveraging of private sector investment to facilitate needed infrastructure improvements. Therefore, should the Council direct staff to return with a ROI to form an EIFD, it is recommended that a potential EIFD boundary expansion to ag industrial areas beyond the SAIC be analyzed based on private stakeholder interest. 2023 EIFD Update Findings
In 2022 staff requested that Economic Planning Systems (EPS), as one of the approved On-Call Planning Consulting firms, update their 2016 Preliminary Feasibility Analysis for EIFD formation to support infrastructure development at the SAIC. Preliminary financial analysis confirms that that an EIFD is the most viable funding source to fund backbone infrastructure at the SAIC. Future assessed value was based on proposed development uses and timing of phased development outlined in the SAIC.
Tables 1 and 2 below break down the uses identified in the SAIC and projected temporary (construction) Page | 3
and permanent jobs anticipated to be created.
Table 1: SAIC Uses
Table 2: Projected Employment Generation
Estimated funds and financing sources depend on the percentage of tax increment dedicated to the EIFD by the City and County and the participation of private investment in property owner participation in a Community Finance District (CFD) or advancement of funding. Table 3 below illustrates a Low and High EIFD Funding Scenario. It should be noted that these three funding sources are layered due to timing of funding availability and may not necessarily to be added together for a total sum. For example, a developer will expect to be reimbursed from bond proceeds from the EIFD, which are not immediately available upon EIFD formation.
Table 3: EIFD Funding Scenarios
Other benefits of EIFD formation include the opportunity to attract and leverage other public and private Page | 4
sources including state and federal funding and private investment such as CFD and revenue and development agreement.
Potential next steps include the recommendation that Council direct staff to prepare a Resolution of Intention (ROI) to Form an EIFD and authorizing the execution of an Agreement for Professional Services with Kosmont to prepare the analysis and documents required for Council consideration of EIFD formation. Attachment 2 is an EIFD Formation Process Flow Chart.
On October 17th the County of Monterey Board of Supervisors adopted an EIFD policy that sets criteria, expectations, and process for the County to consider participation in an EIFD. In summary, the City would be required to submit a proposal and agree to the conditions as detailed in the adopted EIFD policy which is provided as an attachment to this report.
Given the complexity of EIFD formation and its financial intricacies, technical assistance will be required to support the EIFD formation process.
Request for proposals. On April 2023, the City released a request for proposals (RFP) to the City’s OnCall planning list for the formation of the Enhanced Infrastructure Finance District. The RFP sought consultants with experience in forming EIFDs to finance large capital projects that can only come to fruition through the formation of such districts. Two proposals were received, one from Economic & Planning Systems, the other from Kosmont & Associates. Staff conducted a thorough evaluation process with the assistance of outside counsel. Through the review and recommendation of outside counsel, it was determined that Kosmont is the preferred partner for this project based on their extensive experience in implementing EIFDs, which aligns closely with our project's needs.
Kosmont, is a qualified expert in the field of public finance and economic development and is currently under contract, Kosmont is a certified Minority Business Enterprise (“MBE”) and Small Business Enterprise (“SBE”), with an award-winning track record of working with cities, counties, and other public agencies on economic development plans, infrastructure funding strategies, land use market analyses, business/industry attraction, and real estate projects and public finance transactions exceeding $12 billion. Kosmont is extremely well-suited to provide the requested advisory services to the City, with their extensive experience in the evaluation and formation of tax increment financing (“TIF”) districts and other innovative public-private funding sources and financing mechanisms.
Scope of Work and Schedule. Kosmont provided an updated scope of work on September 29, 2023, which is provided as an Exhibit to the Agreement for Professional Services attached to the Resolution.
In summary, the formation of the EIFD is projected to take 12-15 months from execution of the attached Agreement. The scope of work includes assistance with the evaluation and formation of a potential Community Facilities District (CFD) in parallel to the EIFD, if there is private sector landowner/developer support. The primary deliverables that will become part of the formation of this EIFD are:
Updated Financial and Fiscal Analysis
Stakeholder Outreach
Resolution of Intention and Establishment of the Public Financing Authority Preparation of Formation Documentation (and Preparation and Presentation at Required Public Meetings)
Page | 5
CEQA CONSIDERATION:
The recommended actions are not projects as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). Because the proposed actions and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. The Environmental Impact Report (EIR) for the SAIC was certified in 2010 and identified and analyzed potential impacts resulting from SAIC development, and established mitigation measures to reduce those impacts. Any subsequent discretionary projects resulting from the future development at the SAIC will be assessed for CEQA applicability.
STRATEGIC PLAN INITIATIVE:
Preliminary financial analysis confirms that that an EIFD is the most viable funding source to fund backbone infrastructure at the SAIC, which is critical to the future development of the SAIC.
Implementation of the SAIC furthers City Council Strategic Goals of Economic Development and Infrastructure and Sustainability by providing the infrastructure needed for opportunity sites to develop at the SAIC for new and relocating ag related industries in Salinas. SAIC development will also promote associated industrial job creation and retention.
DEPARTMENTAL COORDINATION:
Community Development staff took the lead in coordination with Administration to coordinate revisiting an EIFD as a potential funding source for SAIC infrastructure. Community Development staff also coordinated with the City Attorney’s Office to finalize the Agreement for Professional Services with Kosmont.
FISCAL AND SUSTAINABILITY IMPACT:
Should the Council direct staff to return with a ROI to form an EIFD, professional services would be required to support formation. Kosmont has provided a scope of work and budget for a not to exceed amount of $129,000, which is available and appropriated in 1000.30.1355-63.5900. The cost of EIFD formation support is included in the approved FY 2023-24 Budget under the Community Development Department’s Economic Development Division - Other Outside Professional Services.
ATTACHMENTS:
1. Aerial Photo of Salinas Ag-Industrial Specific Plan Project Area
2. EIFD Formation Process Flow Chart
3. Resolution
a. directing staff to Resolution of Intention (ROI) to Form an Enhanced Infrastructure Financing District (EIFD) and
b. authorizing the execution of an Agreement for Professional Services between the City of Salinas and Kosmont & Associates Inc.
Exhibit A: Agreement for Professional Service with Kosmont & Associates Inc. • Kosmont & Associates Proposal dated September 29, 2023 Attachment 1
Aerial Photo of Salinas Ag-Industrial Center Specific Plan Project Area How to create an Enhanced Infrastructure
Financing District (EIFD)
MUNICIPALITY (CITY/COUNTY)
1. Municipality (city/county)
2. Legal Counsel
3. Financial Advisor
Form Team
Best Practices Tips
1. Define/refine Boundaries
2. Estimate Future Assessed Property Values
3. Estimate Increment for Potential
Taxing Agencies
4. Identify Public Facilities and Programs
5. Identify Funding Sources in Addition to
Tax Increment
1. Focus on areas with significant
growth potential
2. Maximize area
3. Explore available RPTTF and MVLF
revenues to kick-start the EIFD
4. Consider establishing project areas
to maximize EIFD revenue
Evaluate EIFD
Feasibility
1. Electeds
2. Other Taxing Entities
3. Affected Residents and Property Owners
Conduct
Outreach
Best Practices Tips
1. Explore potential projects to be funded
by the EIFD that would entice
participation of the County or other
taxing agencies
2. Educate stakeholders about EIFDs –
not a new tax, not a lien on property
3. Identify property owners who will
advocate for formation
1 2
3 1. Select members of Public Financing
Authority (PFA)
2. Establish PFA and adopt Resolution of
Intention to establish proposed EIFD
3. Mail Resolution of Intention (or alternate
one-page notice) to PFA, each affected
taxing entity, and property owners
Initiate Formal
Process
4 You have now formed your PFA!
PUBLIC FINANCING AUTHORITY
Best Practices Tips
1. Map and Legal Description
2. List of Facilities and Programs
3. Tax Increment Revenue Projections
4. Financing Plan
5. Fiscal Impacts on Affected Taxing Entities
6. Date District will Cease
7. Replacement Housing Plan
8. District Goals
9. Tax Increment Limits
1. Provide comprehensive list of projects
and programs
2. Projects listed in General Plan are
good starting point
3. Tax increment limits should provide
large buffer above projections to
minimize risk of need to amend limits
Prepare
Infrastructure
Financing Plan (IFP)
1. Send IFP to all affected taxing entities
and property owners
2. Notice initial PFA information meeting
(10 days before meeting)
o Present Draft IFP
o Consider Comments
Pre-Adoption
1. Notice 1st Public Hearing (No sooner than 30 days
after initial PFA meeting)
2. Hold 1st Public Hearing (after 4 weeks of noticing) - No action
3. Notice and hold 2nd Public Hearing (at least 30
days after 1st hearing) - Consider comments, action
to modify or reject IFP)
4. If IFP not rejected, notice 3rd Public Hearing and
provide copy of IFP
5.Hold 3rd Public Hearing (at least 30 days after 2nd
hearing) - Consider all protests and proceed as
follows:
o If majority protests, terminate EIFD proceedings
o If between 25% and 50% protest, then notice and
hold Protest Election
o If less than 25% protest, the PFA may adopt the
IFP at the close of the hearing
6. If Protest Election is held and majority votes against formation, then proceedings terminate. If majority
does not vote against formation, the PFA may adopt
the IFP.
Public Hearings
and Protest
Proceedings
1. All participating Taxing Entities must
approve the IFP prior to PFA forming the
EIFD (can be done before 3rd PFA Public
Hearing)
2. PFA enacts resolution forming the EIFD
at close of 3rd Public Hearing (if less
than 25% protest) or at close of Protest
Election (if less than majority votes
against formation)
Approvals &
Formation
5 6
7 8
This chart was created by CALED’s Economic Developmen
ance and Real Estate (EDFRE) Committee. Learn more about EDFRE at https://caled.org/everything-ed/caleds-economic-development-finance-real-estate-committee/ THE OVERALL ADOPTION PROCESS TYPICALLY TAKES 12-18 MONTHS, HOWEVER EVERY COMMUNITY WILL BE
DIFFERENT BASED ON LOCAL POLITICAL CONSIDERATIONS AND RESOURCES RESOLUTION NO. (N.C.S.)
A RESOLUTION OF THE SALINAS CITY COUNCIL DIRECTING STAFF TO
PREPARE A RESOLUTION OF INTENTION (ROI) TO FORM AN ENHANCED
INFRASTRUCTURE FINANCING DISTRICT (EIFD) TO FUND THE BACKBONE
INFRASTRUCTURE AT THE SALINAS AG INDUSTRIAL CENTER (SAIC) AND
AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT FOR
PROFESSIONAL SERVICES WITH KOSMONT & ASSOCIATES INC, FOR THE
FORMATION OF THE ENHANCED INFRASTRUCTURE FINANCING DISTRICT FOR A NOT TO EXCEED AMOUNT OF $129,000
WHEREAS, In November 2010, the City Council approved the entitlements for the Salinas Ag-Industrial Center (SAIC). The SAIC promotes job creation and retention and for new relocating agricultural-related industries to grow in Salinas and establishes the City’s first agricultural-industrial center at 257 acres devoted to agricultural-related businesses; and WHEREAS, after almost 13 years the SAIC remains undeveloped largely due to costs associated with building necessary backbone infrastructure estimated at over $69 million dollars for both phase 1 and phase 2; and
WHEREAS, an updated 2023 update of the SAIC EIFD feasibility analysis prepared in 2016, confirms that an EIFD is the most viable infrastructure funding source; and WHEREAS, on April 2023, the City released a Request for Proposals (RFP) to the City’s On-Call list seeking a qualified firm to form an EIFD; and WHEREAS, based on staff review of the written proposals, Kosmont & Associates Inc, (Kosmont) was identified as the most qualified consultant; and WHEREAS, Kosmont met all the requirements of the RFP scope of work and demonstrated a vast amount of experience forming EIFDs; and WHEREAS, in accordance with the EIFD Law the mailing of the ROI to affected taxing entities and property owners is a required step of providing notice and initiating the dialogue required for any potential property tax modifications; and WHEREAS, this action is not a project as defined by the California Environmental Quality Act (CEQA) Section 15061 (b) (3) as there is no possibility that the action may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council (1) directs staff to prepare a Resolution of Intention (ROI) to form an EIFD to fund the backbone infrastructure at the Salinas Ag-Industrial Center, and (2) authorizes the Mayor to enter into an Agreement for Professional Service agreement (Agreement) with Kosmont & Associates to support the formation of the Enhanced Infrastructure Financing District for an amount not to exceed one hundred and twenty-nine thousand dollars ($129,000).
PASSED AND APPROVED this 24th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Form: Professional Services Agreement v. January 2021 Page 1 of 16 Kosmont & Associates a Stock Corporation
February 2023
AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF SALINAS AND KOSMONT
& ASSOCIATES INC
Form: Professional Services Agreement v. January 2021 Page 2 of 16 Kosmont & Associates Inc
May 2023
Contents
RECITALS ..................................................................................................................................... 4 TERMS ........................................................................................................................................... 4
1. Scope of Service. ................................................................................................................. 4
2. Term; Completion Schedule. ............................................................................................... 4
3. Compensation. ..................................................................................................................... 4
4. Billing. ................................................................................................................................. 4
5. Meet & Confer. .................................................................................................................... 5
6. Additional Copies................................................................................................................. 5
7. Responsibility of Consultant................................................................................................ 5
8. Responsibility of City. ......................................................................................................... 5
9. Acceptance of Work Not a Release. .................................................................................... 6
10. Indemnification and Hold Harmless. ................................................................................... 6
11. Insurance.............................................................................................................................. 6
12. Access to Records................................................................................................................ 6
13. Non-Assignability. ............................................................................................................... 6
14. Changes to Scope of Work. ................................................................................................. 6
15. Ownership of Documents. ................................................................................................... 7
16. Termination.......................................................................................................................... 7
17. Compliance with Laws, Rules, and Regulations. ................................................................ 8
18. Exhibits Incorporated........................................................................................................... 8
19. Independent Contractor........................................................................................................ 8
20. Integration and Entire Agreement........................................................................................ 8
21. Jurisdiction and Venue......................................................................................................... 8
22. Severability .......................................................................................................................... 9
23. Notices. ................................................................................................................................ 9
24. Nondiscrimination................................................................................................................ 9
25. Conflict of Interest. ............................................................................................................ 10
26. Headings. ........................................................................................................................... 10
27. Attorneys’ Fees.................................................................................................................. 10
28. Non-Exclusive Agreement................................................................................................. 10
29. Rights and Obligations Under Agreement......................................................................... 10
30. Licenses.............................................................................................................................. 10
31. Counterparts....................................................................................................................... 10
Form: Professional Services Agreement v. January 2021 Page 3 of 16 Kosmont & Associates Inc
May 2023
32. Legal Representation. ........................................................................................................ 10
33. Joint Representation........................................................................................................... 11
34. Warranty of Authority........................................................................................................ 11
35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements.............................................................................................. 12 Exhibit B- Scope of Service.......................................................................................................... 15
Form: Professional Services Agreement v. January 2021 Page 4 of 16 Kosmont & Associates Inc
May 2023
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND KOSMONT & ASSOCIATES INC
This Agreement for Professional Services (the “Agreement”) is made and entered into this 24th day of October 2023, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Kosmont & Associates Inc, a California Stock Corporation (hereinafter “Consultant”).
RECITALS
WHEREAS, Consultant represents that it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, City and Consultant agree as follows:
TERMS
1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibit B, attached hereto and incorporated herein by reference.
2. Term; Completion Schedule. This Agreement shall commence on October 24, 2023, and shall terminate on June 30, 2025, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.
3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed one hundred twenty-nine thousand dollars ($129,000.00).
4. Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice.
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:
(A) A brief description of services performed;
(B) The date the services were performed;
(C) The number of hours spent and by whom;
(D) A brief description of any costs incurred; and
Form: Professional Services Agreement v. January 2021 Page 5 of 16 Kosmont & Associates Inc
May 2023
(E) The Consultant’s signature.
Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.
5. Meet & Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.
6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.
7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a accordance with and limited to the customary manner recognized by similar professionals that are performing similar services on similar projects at the same time, location and under similar conditions, the (Standard of Care) in fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work.
Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.
8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City. (B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.
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(C) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.
(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.
9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.
10. Indemnification and Hold Harmless.
Consultant shall, indemnify, and hold harmless the City and its officers, officials, and employees, from liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) arising out of or in connection with Consultant’s negligent performance of work hereunder, including the performance of work of any of Consultant’s subcontractors or agents, or Consultant’s failure to comply with the Standard of Care and any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City. The duty to defend obligation of the Consultant shall be limited to the proportionate percentage of any claim arising directly from the Services performed by the Consultant on a comparable fault basis.
11. Insurance. Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours.
Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.
13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.
14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be
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completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes.
Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.
15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials created and developed originally and specifically for the City with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project or modification made without written authorization of the Consultant.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:
(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense. (C) In the event that this Agreement is terminated by City for any reason, Consultant shall:
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(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and (2) Deliver to the City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such materials is to be delivered to City in the form as is on the day of termination.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
(F) If the City breaches any of the terms and conditions of the Agreement, the Consultant shall have the right to terminate Services following a seven (7) days written notification. The City shall have the waiting period to cure the default.
17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and compliance with the applicable federal, state, and City laws and any rules or regulations promulgated thereunder as required by the Standard of Care.
18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.
19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.
20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.
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Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:
City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
With a copy to:
City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:
Larry J. Kosmont
1601 N Sepulveda Blvd #382
Manhattan Beach, CA 90266
(C) The execution of any such notices by the City Manager shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice. (D) All such notices shall either be delivered personally to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.
24. Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.
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25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.
26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.
28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.
29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
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33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.
34. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.
35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.
Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.
CITY OF SALINAS
____________________________
Kimbley Craig, Mayor
APPROVED AS TO FORM:
_________________________
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney
CONSULTANT
___________________________________
By Larry J. Kosmont:
Its Chairman & CEO
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Exhibit A- Insurance Requirements
Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of four (4) years after Agreement completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A)Commercial General Liability (“CGL”): Insurance Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consultant has no owned autos, hired and non-owned, with limits no less than $1,000,000 per accident for bodily injury and property damage.
(C)Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D)Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
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Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administrations, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.
2. Insurance must be maintained and evidence of insurance must be provided for at least four (4) years after completion of the Agreement of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of four (4) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
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Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary. .
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Exhibit B- Scope of Service
Task 1: Kickoff and Review of Previous SAIC Funding and Financing Analysis Consultant will coordinate a kickoff meeting with City staff to discuss project objectives, schedule, and deliverables. Consultant anticipates review and discussion of the previous SAIC funding and financing analysis, as well as the availability of updated project data, such as estimates of capital costs and operations and maintenance costs. If the City needs assistance in creating cost estimates, NBS has developed a cost estimation tool that can be employed to calculate the estimated costs.
Task 2: Preparation of Updated Financial and Fiscal Analysis Though the previous SAIC financial analysis was not made available for Consultant’s review prior to preparing this proposal, Consultant anticipates needing to update and/or refine previous analysis prior to initiating implementation of an EIFD and a CFD. As appropriate, Consultant will prepare updated analysis of district boundaries, development projections, EIFD tax allocation percentages, CFD special tax scenarios, district durations, and corresponding estimates of funding capacity.
Estimates of potential bonding capacity will be prepared by Kosmont Financial Services, registered Municipal Advisor.
Consultant will prepare an updated analysis of fiscal revenues (e.g., property tax, sales tax) and fiscal expenditures (e.g., public safety, community services) and the resulting net fiscal impact to the City and the County from district implementation over time. It should be noted that such fiscal impact analysis is required by legislation as part of district formation. Consultant will utilize an IMPLAN-based analysis to additionally quantify estimated employment, labor income (wages), and economic output benefits on a direct, indirect, and induced basis across the larger County region.
Task 3: Stakeholder Outreach
Consultant will assist the City with outreach to public and private sector entity stakeholders, potentially including, but not limited to:
• City Councilmembers
• County Administrative Office / Auditor-Controller / Treasurer / Tax Collector / Property Tax Manager / Economic Development / Public Works staff
• County Board of Supervisors
• Major district area property owners, developers, businesses, and/or registered voters.
Consultant will accordingly assist with preparation and presentation of EIFD and CFD analysis materials as appropriate for such outreach. Based on stakeholder feedback, Consultant will refine preliminary tax increment and special tax projections and related funding and financing analysis.
The goal of this Task is to receive direction/confirmation on which taxing entities would proceed with EIFD and CFD formation initially, recognizing that other taxing entities may join in a subsequent year. Consultant will prepare a detailed timeline through district formation accordingly. The City could also determine not to proceed with either EIFD or CFD.
Task 4: Resolution of Intention (ROI) and Establishment of the Public Financing Authority
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Consultant will assist with determination of refined district boundaries and governing Public Financing Authority (“PFA”) board composition as required for adoption of the Resolution of Intention (“ROI”) to initiate EIFD formation proceedings.
Consultant will assist City staff and the City Attorney’s office (and potentially County staff and County Counsel) with the preparation of required documentation for the ROI. Consultant will assist with coordination and presentation at the required meeting(s) of the City Council (and potentially also County Board of Supervisors) to adopt the ROI and will assist with required noticing of the ROI following the legislative body actions.
In parallel, Consultant will assist in the preparation of the required resolution of intention for formation of the CFD.
Task 5: Preparation of Formation Documentation
Consultant will collaborate with City staff on the preparation of the required Infrastructure Financing Plan (“IFP”) and related appendices. The IFP must include a legal description of district boundaries, public improvements to be implemented, location, timing, and costs of development and financial assistance, finalized tax increment projections, intention to incur debt (e.g., bonds), district termination date, taxing entity fiscal impact analysis, and replacement housing obligations.
Consultant will assist City staff (e.g., Clerk’s office) in the required distribution of the IFP to property owners within the EIFD and to affected taxing entities. Consultant will assist the City in drafting and coordinating the required noticing (e.g., website, mailing, newspaper notices) of the PFA meeting and hearings for IFP approval and EIFD formation. Consultant is additionally pleased to assist with draft staff report content.
As it pertains to the CFD, Consultant will prepare the Rate and Method of Apportionment of Special Tax (“RMA”). Given recent changes to the CFD law, it will be particularly important to address Accessory Dwelling Units and the Welfare Exemption among other specifics. We are conscientious in striking the right balance between compliance, complexity, and clarity.
Task 6: Formation Meetings and Hearings
Consultant will assist in coordination, preparation, and presentation of required materials at the required City Council and PFA meetings and hearings to approve the IFP and form the EIFD.
While Consultant is not a law firm / attorney, we will provide draft content for required resolutions for review by the City Attorney’s office and/or other designated counsel. Consultant anticipates two PFA public meetings, three PFA public hearings, and one City Council meeting as part of this task (this budget assumes that Consultant will participate in-person for some meetings and virtually for others, as deemed mutually appropriate by the City and Consultant). Once the EIFD is successfully formed, Consultant will assist City staff in completing the required EIFD filings with the State Board of Equalization.
For CFD formation in parallel, Consultant will provide input and review of CFD formation documentation (e.g., resolution of formation, authorization to issue debt) to ensure alignment in the overall EIFD/CFD financing plan.
Kosmont Companies
Mailing Address: 1601 N. Sepulveda Blvd., #382 (424) 297-1070 Physical Address: 2301 Rosecrans Ave, Ste. 4140 Manhattan Beach, CA 90266 www.kosmont.com El Segundo, CA 90245 September 29, 2023
Lisa Brinton
Director of Community Development
City of Salinas
65 West Alisal Street, 2nd Floor
Salinas, CA 93901
Re: Proposal for Financing District (EIFD and CFD) Formation Advisory Dear Ms. Brinton:
Kosmont & Associates, Inc. doing business as Kosmont Companies (“Kosmont”) is pleased to present this proposal to the City of Salinas (“City” or “Client”) for financing district formation advisory, with particular emphasis on an Enhanced Infrastructure Financing District (“EIFD”) and a Community Facilities District (“CFD”) for the Salinas Ag-Industrial Center (“SAIC”) Specific Plan area within the City. This proposal serves as an Agreement when executed and returned by Client to Kosmont.
I. INTRODUCTION
Kosmont, a certified Minority Business Enterprise (“MBE”) and Small Business Enterprise (“SBE”), was founded in 1986 by Larry J. Kosmont, Chairman and CEO. Kosmont is a full-service local government, economics, and real estate advisory firm with an award-winning track record of working with cities, counties, and other public agencies on economic development plans, infrastructure funding strategies, land use market analyses, business/industry attraction, and real estate projects and public finance transactions exceeding $12 billion.
Kosmont is extremely well-suited to provide the requested advisory services to the City, given our extensive experience in the evaluation and implementation of tax increment financing (“TIF”) districts such as EIFD and other innovative public-private funding sources and financing mechanisms. Our firm possesses an unprecedented level of understanding, strategic thinking, and hands-on expertise necessary to successfully implement these tools for the City, potentially in partnership with the County of Monterey (“County”).
Across the State of California, Kosmont has facilitated the successful formation of more TIF Districts than any other firm since the dissolution of Redevelopment Agencies in 2012 (11 of the approximately 20 fully-formed EIFDs thus far). No other firm has been as successful in facilitating multi-jurisdictional (e.g., city/county) partnerships in such special districts, and Kosmont has done City of Salinas
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so in four different communities, with over 50 other city and county TIF/EIFD evaluations and formations currently underway.
Affiliated Securities and Exchange Commission (SEC) licensed entity Kosmont Financial Services has additionally facilitated the first debt issuances to be repaid from EIFD tax increment for the City of La Verne and County of Los Angeles EIFD and the Sacramento County Unincorporated Metro Air Park EIFD. We specialize in the overlap and combination of multiple available infrastructure funding and financing tools, such as EIFD, CFD, specific grant sources, and private sector contributions.
For this engagement, Kosmont is partnering with NBS Government Financing Group (“NBS”) for CFD formation services. NBS has supported thousands of special financing districts, including CFDs (for infrastructure, maintenance, and services), assessment districts, and other similar mechanisms. Kosmont and NBS are referred to collectively as “Consultant” in this proposal.
Together, our team is qualified, prepared, and enthusiastic to provide requested services.
We look forward to assisting the City with the requested advisory services and are available to discuss our proposal at your convenience.
II. BACKGROUND AND OBJECTIVE
Consultant understands that in 2010, the City Council adopted the SAIC Specific Plan, with the primary objectives of establishing opportunity sites for new and relocating ag-related industries and to promote the associated industrial job creation and retention. The SAIC includes approximately 257 acres for agricultural industry expansion and cluster development with focus on food storage, warehousing, food processing, packaging suppliers and other ag support uses.
Almost 13 years later, the SAIC remains undeveloped largely due to costs associated with building necessary backbone infrastructure. Recent estimates calculate the cost of infrastructure required to support both Phase 1 and Phase 2 SAIC development to be over $69 million dollars, making future development of the SAIC financially infeasible for developers or the property owner.
The City engaged a third-party economic consultant to revisit the use of an EIFD as a potential infrastructure funding source for the SAIC. A 2023 update of the SAIC EIFD feasibility analysis prepared in 2016 confirmed that that an EIFD was a viable infrastructure funding source. The City has initiated conversations with the County about its participation in an EIFD, but deal terms have not yet been established or agreed upon.
The City now wishes to implement an EIFD with a parallel CFD to provide additional funding capacity. Consultant proposes the following scope of services accordingly.
III. SCOPE OF SERVICES
Approach to Tasks: The prospective assignment and consulting services that Consultant will provide will be of a relatively limited scope and duration, and advisory in nature. Consultant will City of Salinas
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be making recommendations only, which advise the Client and jurisdictions, including their elected officials, appointed officials, and staff, which they can accept or reject by. None of Consultant's staff will act in a capacity as an elected official, nor appointed official, nor as staff, nor as serving in a "designated" position.
Task 1: Kickoff and Review of Previous SAIC Funding and Financing Analysis Consultant will coordinate a kickoff meeting with City staff to discuss project objectives, schedule, and deliverables. Consultant anticipates review and discussion of the previous SAIC funding and financing analysis, as well as the availability of updated project data, such as estimates of capital costs and operations and maintenance costs. If the City needs assistance in creating cost estimates, NBS has developed a cost estimation tool that can be employed to calculate the estimated costs.
Task 2: Preparation of Updated Financial and Fiscal Analysis Though the previous SAIC financial analysis was not made available for Consultant’s review prior to preparing this proposal, Consultant anticipates needing to update and/or refine previous analysis prior to initiating implementation of an EIFD and a CFD. As appropriate, Consultant will prepare updated analysis of district boundaries, development projections, EIFD tax allocation percentages, CFD special tax scenarios, district durations, and corresponding estimates of funding capacity. Estimates of potential bonding capacity will be prepared by Kosmont Financial Services, registered Municipal Advisor.
Consultant will prepare an updated analysis of fiscal revenues (e.g., property tax, sales tax) and fiscal expenditures (e.g., public safety, community services) and the resulting net fiscal impact to the City and the County from district implementation over time. It should be noted that such fiscal impact analysis is required by legislation as part of district formation. Consultant will utilize an IMPLAN-based analysis to additionally quantify estimated employment, labor income (wages), and economic output benefits on a direct, indirect, and induced basis across the larger County region.
Task 3: Stakeholder Outreach
Consultant will assist the City with outreach to public and private sector entity stakeholders, potentially including, but not limited to:
• City Councilmembers
• County Administrative Office / Auditor-Controller / Treasurer / Tax Collector / Property Tax Manager / Economic Development / Public Works staff
• County Board of Supervisors
• Major district area property owners, developers, businesses, and/or registered voters.
Consultant will accordingly assist with preparation and presentation of EIFD and CFD analysis materials as appropriate for such outreach. Based on stakeholder feedback, Consultant will refine preliminary tax increment and special tax projections and related funding and financing analysis.
The goal of this Task is to receive direction/confirmation on which taxing entities would proceed with EIFD and CFD formation initially, recognizing that other taxing entities may join in a subsequent year. Consultant will prepare a detailed timeline through district formation accordingly. The City could also determine not to proceed with either EIFD or CFD.
City of Salinas
Proposal for EIFD+CFD Formation
September 29, 2023
Kosmont Companies 4 | Page
(424) 297-1070
www.kosmont.com
Task 4: Resolution of Intention (ROI) and Establishment of the Public Financing Authority Consultant will assist with determination of refined district boundaries and governing Public Financing Authority (“PFA”) board composition as required for adoption of the Resolution of Intention (“ROI”) to initiate EIFD formation proceedings.
Consultant will assist City staff and the City Attorney’s office (and potentially County staff and County Counsel) with the preparation of required documentation for the ROI. Consultant will assist with coordination and presentation at the required meeting(s) of the City Council (and potentially also County Board of Supervisors) to adopt the ROI and will assist with required noticing of the ROI following the legislative body actions.
In parallel, Consultant will assist in the preparation of the required resolution of intention for formation of the CFD.
Task 5: Preparation of Formation Documentation
Consultant will collaborate with City staff on the preparation of the required Infrastructure Financing Plan (“IFP”) and related appendices. The IFP must include a legal description of district boundaries, public improvements to be implemented, location, timing, and costs of development and financial assistance, finalized tax increment projections, intention to incur debt (e.g., bonds), district termination date, taxing entity fiscal impact analysis, and replacement housing obligations.
Consultant will assist City staff (e.g., Clerk’s office) in the required distribution of the IFP to property owners within the EIFD and to affected taxing entities. Consultant will assist the City in drafting and coordinating the required noticing (e.g., website, mailing, newspaper notices) of the PFA meeting and hearings for IFP approval and EIFD formation. Consultant is additionally pleased to assist with draft staff report content.
As it pertains to the CFD, Consultant will prepare the Rate and Method of Apportionment of Special Tax (“RMA”). Given recent changes to the CFD law, it will be particularly important to address Accessory Dwelling Units and the Welfare Exemption among other specifics. We are conscientious in striking the right balance between compliance, complexity, and clarity.
Task 6: Formation Meetings and Hearings
Consultant will assist in coordination, preparation, and presentation of required materials at the required City Council and PFA meetings and hearings to approve the IFP and form the EIFD. While Consultant is not a law firm / attorney, we will provide draft content for required resolutions for review by the City Attorney’s office and/or other designated counsel. Consultant anticipates two PFA public meetings, three PFA public hearings, and one City Council meeting as part of this task (this budget assumes that Consultant will participate in-person for some meetings and virtually for others, as deemed mutually appropriate by the City and Consultant).
Once the EIFD is successfully formed, Consultant will assist City staff in completing the required EIFD filings with the State Board of Equalization.
For CFD formation in parallel, Consultant will provide input and review of CFD formation documentation (e.g., resolution of formation, authorization to issue debt) to ensure alignment in the overall EIFD/CFD financing plan.
City of Salinas
Proposal for EIFD+CFD Formation
September 29, 2023
Kosmont Companies 5 | Page
(424) 297-1070
www.kosmont.com
(Please note: as an optional service not currently included in this Scope of Work, we are equipped to assist with the CFD election, whether that is coordination with the County Registrar to conduct a registered voter election or with legal counsel in the conduct of a landowner election.) Potential Future Phase Tasks (Not Part of this Scope of Work) Municipal Advisory activities related to potential EIFD/CFD debt issuances to be provided by Kosmont Financial Services, registered Municipal Advisor.
IV. SCHEDULE
Consultant is prepared to commence work upon receipt of this executed Agreement. Consultant anticipates a district formation timeline of approximately 12-15 months as outlined below.
V. COMPENSATION
The compensation for Tasks 1 through 6 is outlined below for professional services (hourly) fees at Consultant’s billing rates as reflected on Attachment A.
TASKS ESTIMATED BUDGET
1) Kickoff and Review of Previous Analysis $9,500
2) Preparation of Updated Analysis $15,000
3) Stakeholder Outreach $19,500
4) Resolution of Intention and PFA Formation $12,500
5) Preparation of Formation Documentation $35,000
6) Formation Meetings and Hearings $37,500
Not-to-Exceed Total Professional Services (Hourly) Fees $129,000 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Oct Nov Dec Jan Feb 1 Kickoff and Review of Previous
Analysis X
2 Preparation of Updated
Analysis X X X
3 Stakeholder Outreach X X X
4 Resolution of Intention and
PFA Formation
X X
5 Preparation of Formation
Documentation
X X X
6 Formation Meetings and
Hearings
X X X X X X
2023 2024 2025
City of Salinas
Proposal for EIFD+CFD Formation
September 29, 2023
Kosmont Companies 6 | Page
(424) 297-1070
www.kosmont.com
Budget may be re-allocated between Tasks as may be needed to provide adequate services to Client. Budget may be increased by Client at any time.
Consultant’s attendance or participation at any publicly noticed meeting in addition to those listed in Tasks 1 through 6, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other), as requested by Client is in addition to compensation for Tasks 1 through 6 and will be billed at the professional services (hourly) fees as shown on Attachment A.
Services will be invoiced monthly at Consultant’s standard billing rates, as shown on Attachment A. In addition to professional services (hourly) fees, invoices will include reimbursement for outof-pocket expenses such as travel and mileage (provided that there shall be no overnight travel without the Client’s prior approval and that mileage shall be reimbursed at the current IRS mileage reimbursement rate), professional printing, conference calls, and delivery charges for messenger and overnight packages at actual cost. Unless otherwise agreed to in advance, out-of-area travel, if any, requires advance funding of flights and hotel accommodations.
Consultant will also include in each invoice an administrative services fee to cover in-house copy, fax, telephone and postage costs equal to four percent (4.0%) of Consultant’s monthly professional service fees incurred. Any unpaid invoices after 30 days shall accrue interest at the rate of 10% per annum.
For the convenience of Kosmont’s clients, we offer a secure credit card payment service. The credit card payment link is: https://kosmont.paidyet.com and there are two ways to make a secure credit card payment:
1. Fill in the “Make a Payment” form when you go to the link (https://kosmont.paidyet.com), or
2. Call Kosmont Companies’ accounting desk (Ms. Reny Sultan; (424) 297-1072) to make a credit card payment
Consultant is prepared to commence work upon receipt of executed Agreement.
DISCLOSURE: Compensation for possible future transaction-based services or brokerage services.
The following is being provided solely as an advance disclosure of possible real estate brokerage and finance services and potential compensation for such services. This disclosure is not intended to commit the Client.
When assignments involve real estate/property brokerage services, such transaction-based services are typically provided by Kosmont Real Estate Services, Inc. dba Kosmont Realty (“KR”) is licensed by the State of California Department of Real Estate (License# 02058445).
Compensation to KR is typically paid through commissions for property sale transactions, lease transactions and success/broker fees. KR also provides Broker Opinions of Value (“BOV”) services on a fixed fee basis.
City of Salinas
Proposal for EIFD+CFD Formation
September 29, 2023
Kosmont Companies 7 | Page
(424) 297-1070
www.kosmont.com
When assignments involve public finance services on behalf of a public agency, such municipal advisory services are provided by Kosmont Financial Services (KFS). KFS is an independent Registered Municipal Advisor with the Securities and Exchange Commission and the Municipal Securities Rulemaking Board.
SEC registration does not constitute an endorsement of the firm by the Commission or state securities regulators.
VI. OTHER PROVISIONS
A. Termination. Client or Consultant shall have the right to terminate this Agreement at any time upon written notification to the other party. Payment for fees accrued through the date of termination shall be remitted in full.
B. Arbitration. Any controversy or claim arising out of or in relation to this Agreement, or the making, performance, interpretation or breach thereof, shall be settled by arbitration at JAMS in Los Angeles, California. Each of the parties to such arbitration proceeding shall be entitled to take up to five depositions with document requests. The provisions of Section 1283.05 (except subdivision (e) thereof) of the California Code of Civil Procedure are incorporated by reference herein, except to the extent they conflict with this Agreement, in which case this Agreement is controlling. If the matter is heard by only one arbitrator, such arbitrator shall be a member of the State Bar of California or a retired judge. If the matter is heard by an arbitration panel, at least one member of such panel shall be a member of the State Bar of California or a retired judge.
The arbitrator or arbitrators shall decide all questions of law, and all mixed questions of law and fact, in accordance with the substantive law of the State of California to the end that all rights and defenses which either party may have asserted in a court of competent jurisdiction shall be fully available to such party in the arbitration proceeding contemplated hereby. The arbitrator and arbitrators shall set forth and deliver their findings of fact and conclusions of law with the delivery of the arbitration award. Judgment upon the award rendered shall be final and non-appealable and may be entered in any court having jurisdiction.
C. Attorneys' Fees. In the event of any legal action, arbitration, or proceeding arising out of an alleged breach of this Agreement, the party prevailing in such legal action, arbitration, or proceeding shall be entitled to recover reasonable attorneys' fees, expenses and costs, as well as all actual attorneys' fees, expenses and cost incurred in enforcing any judgment entered.
D. Authority. Each of the parties executing this Agreement warrants that persons duly authorized to bind each such party to its terms execute this Agreement.
E. Further Actions. The parties agree to execute such additional documents and take such further actions as may be necessary to carry out the provisions and intent of this Agreement.
F. Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either party without the prior written consent of the other party.
G. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
City of Salinas
Proposal for EIFD+CFD Formation
September 29, 2023
Kosmont Companies 8 | Page
(424) 297-1070
www.kosmont.com
H. Entire Agreement; Amendments and Waivers. This Agreement contains the entire agreement between the parties relating to the transactions contemplated hereby and any and all prior discussions, negotiations, commitments and understanding, whether written or oral, related hereto are superseded hereby. No addition or modification of any term or provision of this Agreement shall be effective unless set forth in writing signed by both parties. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver of such provisions unless otherwise expressly provided. Each party to this Agreement has participated in its drafting and, therefore, ambiguities in this Agreement will not be construed against any party to this Agreement.
I. Severability. If any term or provision of this Agreement shall be deemed invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and in force to the fullest extent permitted by law.
J. Notices. All notices, requests, demands and other communications which may be required under this Agreement shall be in writing and shall be deemed to have been received when transmitted; if personally delivered, if transmitted by telecopier, electronic or digital transmission method, upon transmission; if sent by next day delivery to a domestic address by a recognized overnight delivery service (e.g., Federal Express), the day after it is sent; and if sent by certified or registered mail, return receipt requested, upon receipt. In each case, notice shall be sent to the principal place of business of the respective party. Either party may change its address by giving written notice thereof to the other in accordance with the provisions of this paragraph.
K. Titles and Captions. Titles and captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision herein.
L. Governing Law. The statutory, administrative and judicial law of the State of California (without reference to choice of law provisions of California law) shall govern the execution and performance of this Agreement.
M. Confidentiality. Each of the parties agrees not to disclose this Agreement or any information concerning this Agreement to any persons or entities, other than to their attorneys and accountants, or as otherwise may be required by law.
N. Counterparts. This Agreement may be executed in one or more counterparts, each of which constitutes an original, and all of which together constitute one and the same instrument. The signature of any person on a telecopy of this Agreement, or any notice, action or consent taken pursuant to this Agreement shall have the same full force and effect as such person's original signature.
O. Disclaimer. Consultant’s financial analysis activities and work product, which may include but is not limited to pro forma analysis and tax projections, are projections only. Actual results may differ materially from those expressed in the analysis performed by Consultant due City of Salinas
Proposal for EIFD+CFD Formation
September 29, 2023
Kosmont Companies 9 | Page
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www.kosmont.com
to the integrity of data received, market conditions, economic events and conditions, and a variety of factors that could materially affect the data and conclusions. Client’s reliance on Consultant’s analysis must consider the foregoing.
Consultant services outlined and described herein are advisory services only. Any decisions or actions taken or not taken by Client and affiliates, are deemed to be based on Client’s understanding and by execution of this Agreement, acknowledgement that Consultant’s services are advisory only and as such, cannot be relied on as to the results, performance and conclusions of any investment or project that Client may or may not undertake as related to the services provided including any verbal or written communications by and between the Client and Consultant.
Client acknowledges that Consultant's use of work product is limited to the purposes contemplated within this Agreement. Consultant makes no representation of the work product's application to, or suitability for use in, circumstances not contemplated by the scope of work under this Agreement.
P. Limitation of Damages. In the event Consultant is found liable for any violation of duty, whether in tort or in contract, damages shall be limited to the amount Consultant has received from Client.
Q. Force Majeure. Consultant shall not be liable for failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by significant circumstances beyond its reasonable control, including, without limitation: epidemic; acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; riots; wide-spread power failures and wide-spread internet failure. Contractual performance and deadline(s) shall be extended for a period equal to the time lost by reason of the delay.
R. Expiration of Proposal for Services. If this Agreement is not fully executed by the parties within thirty (30) days from the date of this letter, this proposal shall expire.
S. Not an agreement for Legal Services or Legal Advice. This Agreement does not constitute an agreement for the performance of legal services or the provision of legal advice, or legal opinion. Client should seek independent legal counsel on matters for which Client is seeking legal advice.
City of Salinas
Proposal for EIFD+CFD Formation
September 29, 2023
Kosmont Companies 10 | Page
(424) 297-1070
www.kosmont.com
VII. ACCEPTANCE AND AUTHORIZATION
If this Agreement is acceptable to Client, please execute two copies of the Agreement and return both originals to Kosmont Companies. Upon receipt of both signed contracts, we will return one fully executed original for your files. Kosmont will commence work upon receipt of executed Agreement.
Read, understood, and agreed to this
____ Day of _______________ 2023
City of Salinas Kosmont & Associates, Inc.
doing business as “Kosmont Companies”
By: _________________________ By: _________________________ (Signature) (Signature)
Name: Name: Larry J. Kosmont CRE®
(Print Name)
Its: Its: Chairman & CEO
(Title)
City of Salinas
Proposal for EIFD+CFD Formation
September 29, 2023
Kosmont Companies 11 | Page
(424) 297-1070
www.kosmont.com
ATTACHMENT A
Kosmont Companies
2023 Public Agency Fee Schedule
Professional Services
Chairman & CEO $445.00/hour
President $385.00/hour
Sr. Vice President/Sr. Advisor/Sr. Managing Director $350.00/hour Vice President/Project Advisor $225.00/hour
Senior Project Analyst $195.00/hour
Project Analyst/Project Research $165.00/hour
Assistant Project Analyst/Assistant Project Manager $125.00/hour Project Promotion/Graphics/GIS Mapping Services $ 95.00/hour Clerical Support $ 70.00/hour
Additional Expenses
In addition to professional services (labor fees):
1) An administrative fee for in-house copy, fax, phone, postage costs, digital/technological support and related administrative expenses will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Companies professional service fees incurred; plus
2) Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) Project/Market data sources for support of evaluation and analysis e.g., ESRI, Placer.ai, CoStar/STR, IMPLAN, ParcelQuest and other based on quoted project cost. 4) If Kosmont retains Third Party Vendor(s) for Client (with Client’s advance approval), fees and cost will be billed to Client at 1.1X (times) fees and costs. 5) Consultant’s attendance or participation at any public meeting, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other) requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services (hourly) fees as shown on this Attachment A.
• Charges for Court/Deposition/Expert Witness-Related Appearances Court-related (non-preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of 1.5 times scheduled rates, with a 4-hour minimum.
Rates shall remain in effect until June 30, 2024.
City of Salinas
Proposal for EIFD+CFD Formation
September 29, 2023
Kosmont Companies 12 | Page
(424) 297-1070
www.kosmont.com
NBS Hourly Rates
Title Hourly Rate
Director / Senior Review $250
Associate Director / Engineer $225
Senior Consultant $200
Consultant $175
Project Analyst $150
Project Resource Analyst $130
Clerical / Support $110
Board Report
County of Monterey
Board of Supervisors
Chambers
168 W. Alisal St., 1st Floor
Salinas, CA 93901
Legistar File Number: 23-790 October 17, 2023
Item No.
Introduced: 10/6/2023 Current Status: Agenda Ready
Version: 1 Matter Type: General Agenda Item
a. Receive a presentation and consider approval of a County Enhanced Infrastructure Financing District (EIFD) Policy; and,
b. Provide direction to staff.
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Receive a presentation and consider approval of a County Enhanced Infrastructure Financing District (EIFD) Policy; and,
b. Provide direction to staff.
SUMMARY:
The County of Monterey (County) recognizes the vital role that Enhanced Infrastructure Financing Districts (EIFDs) play in driving economic growth and enhancing the well-being of our community. These districts provide an avenue for local governments to support infrastructure development through tax increment financing. Given the potential for multiple cities to request County partnership on EIFDs, it is prudent to establish a structured policy that outlines the criteria for evaluating such proposals.
EIFDs are a mechanism authorized under California state law that allows local governments to finance infrastructure projects within specified areas. These districts capture a portion of the increased property tax revenue generated by developments in the district, reinvesting these funds into crucial infrastructure improvements.
DISCUSSION:
The County has formulated a policy to guide its participation in EIFDs, specifically concerning financial partnership with cities. The key components of this policy are provided below, while the policy is included as Attachment A to this report.
1. Contribution of Tax Increment
2. Term of County Participation in EIFD
3. Procedures for Extension
4. Termination Prior to End of Term
5. Governance
It is important to note that the County has previously approved an EIFD in partnership with the City of Gonzales. With the potential for additional cities to seek County partnership for financing projects through EIFDs, the establishment of this policy will streamline the process for evaluating and responding to such requests.
County of Monterey Page 1 Printed on 10/10/2023
DocuSign Envelope ID: 124C8303-B7C5-4BE6-8C78-02B806B2EB7B Legistar File Number: 23-790
The attached policy sets clear criteria and expectations for cities seeking the County’s financial partnership in EIFDs. By adhering to this structured approach, the County aims to ensure that EIFD proposals align with our commitment to economic development, sustainability, and community well-being while efficiently addressing future partnership requests.
OTHER AGENCY INVOLVEMENT:
The County Administrative Office has consulted with County Counsel, , Housing and Community Development, and Public Works, Facilities and Parks.
FINANCING:
There is no impact from approving this policy. If in the future the County decides to participate in EIFD partnerships with cities within the County, financial impact resulting from those proposals will be presented to the Board for consideration at that point within the framework established by the policy recommended as part of this report.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
The proposed recommendation supports the Board of Supervisors strategic initiatives for Economic Development and Infrastructure.
Mark a check to the related Board of Supervisors Strategic Initiatives X Economic Development
__ Administration
__ Health & Human Services
X Infrastructure
__ Public Safety
Prepared by: Richard Vaughn, Economic Development Manager, Ext. 5602 Approved by: Ezequiel Vega, Assistant County Administrative Officer, Ext. 3078 Attachments:
EIFD Policy
EIFD Policy PowerPoint
County of Monterey Page 2 Printed on 10/10/2023
DocuSign Envelope ID: 124C8303-B7C5-4BE6-8C78-02B806B2EB7B County of Monterey
ENHANCED INFRASTRUCTURE FINANCING DISTRICT
PARTICIPATION POLICY
The County of Monterey (County) supports economic development projects benefiting the residents of the County. As such, the County will consider proposals from cities seeking financial partnership through a joint city-county Enhanced Infrastructure Financing District (EIFD). The County is particularly interested in supporting projects that provide for a jobs/housing balance; therefore, will prioritize Commercial and Industrial developments that promote creation of above minimum wage jobs within the region.
Pursuant to this EIFD Policy, projects that offer private investment to leverage invested public funds will be viewed favorably by the County.
Proposals shall be submitted for review to the County Administrative Office’s Economic Development Division and include the following components:
1. Contribution of Tax Increment
a. Minimum City Contribution. The city shall contribute at least the same percentage share of tax increment that the County contributes, excluding Affected Taxing Entities as defined by Government Code, section 53398.51(a) governed by the County Board of Supervisors.
b. Maximum County Contribution. The County will contribute no more than 50% of the County’s share of future ad valorem property tax increment generated in the proposed geographic area of the EIFD, as defined further in Section 1(d). c. Correlation of Contributions. If the contributions from Section 1 (a) and (b) result in a lower city contribution than the County, then the city must increase its contribution to be at least equal the County’s contribution.
d. Limitations on Tax Increment. The County’s tax increment contribution will only be composed of future ad valorem property tax increment growth within the proposed geographic area of the EIFD (the “Future Increment”), excluding the base tax increment of the area (the “Base Increment”). The Base Increment is equal to the ad valorem property tax increment of the EIFD area for the fiscal year property tax assessment roll in which the EIFD was created.
2. Term of County Participation
a. Maximum Term. The County will participate in a joint city-county EIFD for a period not to exceed 25 years, allowing consistency when evaluating requests by multiple jurisdictions and intergenerational equity as indicated in the County’s debt policy. b. Procedures for Extension.
i. The County plans to enter joint city-county partnerships for projects requiring a regional funding approach best suited for an EIFD model with a duration consistent with Section 2(a) with the assumption that future extensions will be unnecessary. ii. The County will review options for extending its participation in an existing EIFD, at the discretion of the County Board of Supervisors, upon receipt of an amended proposal from a city as outlined in Section 3 and may decide to extend its participation in the EIFD for a period longer than the term in Section 2(a) on a caseby-case basis. Amended proposals must be received by the County Administrative Office’s Economic Development Division no later than six months (180 days) prior to the end of term.
c. Termination Prior to End of Term.
i. Non-Performance. If project construction has not commenced within two-years following creation of a joint city-county EIFD, then the County, city and EIFD Governing Board shall identify whether the project is likely to commence within one-year. If project construction has not commenced within three-years following creation of a joint city-county EIFD, then the County, city and EIFD Governing Board shall immediately begin proceedings to dissolve the EIFD. ii. Change in Project Feasibility. If following creation of an EIFD and prior to the timeline established in Section 2(c)(i) the County and the city determine that the project is no longer feasible, then the County, city and EIFD Governing Board shall immediately begin proceedings to dissolve the EIFD.
iii. Mandatory Acknowledgement. The involved city will agree to the terms set forth in Section 2(c)(i-ii) above as a condition of submitting its proposal to the County for review.
d. Governance.
i. The County will receive a minimum of one seat at the governing body for the EIFD. ii. The composition of the EIFD governing board will include a member from the County, who will be a sitting member of the Board of Supervisors representing the supervisorial district within which the project is situated. This will ensure the County's representation aligns closely with the specific geographical area of the project's location.
3. Required Sections for the Proposal
a. Executive Summary. This section must provide an overview of the city’s proposal in a summary form in plain language, which is easy to read and understand by members of the public. The summary must outline proposed project, including its financial impacts and the social benefits to the community.
b. Project Description. This section must provide details related to the proposed project, including the following aspects:
i. Proposed Project Details.
1. Map(s) including:
• Assessor’s Parcel number(s)
• Name and address of legal owner and project proponent • General locations of lots and structures
• Access points to public transit
• Vicinity map showing sufficient details to locate the proposed project location and its relation to the community, current surrounding land uses, and city limits, existing spheres of influence and approved urban growth boundaries/edges
2. Narrative of the commercial, industrial, and/or residential uses proposed including:
• General description of the use
• Square footage of lots and structures
• Number of employees (temporary and permanent)
• Expected pay range and job types to be generated;
• Access points to public transit or other traffic demand management • Number of residential units to be constructed or residential lots to be created for future construction
• Type of residential units (multifamily, single family, mixed use, or condominium/townhouses) and number of employee housing units, if any;
• Number of total residential units and unit count by affordable level with anticipated Average Median Income (AMI): very low income (50% or less AMI); low income (80% or less AMI); moderate income (120% or less AMI); and above moderate income (greater than 120% AMI); • Should a residential use not be encompassed within the project scope, then a comprehensive analysis is required to determine the impact the project will have on the housing market within the immediate area, along with a plan aimed at mitigating any adverse effects on housing availability and affordability;
• Any other uses, structures, or metrics that are relevant; and • Description of how the proposed project is consistent with any existing agreement between the County and city related to coordinated land use planning and orderly growth at the County-city edge.
3. Stage of current planning efforts (status of approved entitlements or Disposition and Development Agreements (DDAs) with developers, actions taken by the city council, etc.)
ii. Demonstration of Social Benefits.
1. Qualitative analysis of why a joint city-county EIFD model is the best approach to implement the proposed project within the city limits, such as:
a) Why city and developer finances alone are insufficient to finance the project
b) Why the County is best suited to partner with the city on the proposed project
2. How are the project goals of the city consistent with the stated goals of the County Board of Supervisors in one or more policy areas, such as:
a) Workforce development/job creation
b) Transportation improvements
c) Homeless Prevention
d) Sustainability, Equity and Resilience
e) Affordable Housing
3. To be considered favorably relative to workforce development / job creation benefits, proposed projects should generate a significant number of temporary construction jobs and new permanent jobs that cover a range of job types and industries, serve the workforce characteristics of the County’s residents (ideally residents local to the immediate sub-region of the project), and require skills and knowledge at a variety of levels.
Permanent jobs generated by proposed projects should be career-track and pay above minimum wage. Furthermore, to be favorably considered in this category, proposed projects should contribute significantly toward addressing the County’s overall jobs-housing balance.
4. Projects including a residential development component should include a mix of units with a high percentage of units affordable very low, low, or moderate income households. In no case shall the housing include less than 20% of the units affordable to lower income households. c. Financial Analysis. This section should provide a comprehensive analysis of the project economics, including financial impacts to the County and the city over the course of the project life and beyond, including at least the following aspects:
i. Financial Details Related to Project
1. Summary of assumptions, including backup context for selecting those assumptions
2. Anticipated net growth in ad valorem property tax in the EIFD area, both with and without development of the proposed project
3. Proposed tax increment contributions from each jurisdiction (as percentage and dollar amount)
4. Plan of finance for any municipal securities to be used for the project
5. Assessment of other one-time revenue sources being used to finance the project
6. Related Transient Occupancy Tax (TOT), Sales Tax or other revenues to be generated from proposed project
7. Estimated new ongoing expenditures related to the project area for the provision of municipal services, including a sustainable plan of finance
8. Sensitivity analysis illustrating how market forces may change the above analyses
a) Impacts of cost escalation
b) Impacts of other assumptions of project feasibility that may not materialize over the term of the EIFD project and beyond ii. Ongoing Administrative Responsibilities
1. Submission of a proposed budget to allocate resources to both city and county staff and administrative expenses throughout the duration of the EIFD's existence
2. Continuing disclosure responsibilities related to the issuance of municipal securities or other loan instruments
3. Ongoing grant reporting responsibilities
iii. Positive Net Impact to the County. The proposal must determine that there is a positive net financial impact to the County’s finances.
4. County Analysis of City Proposal. While evaluating the city’s proposal, it may be necessary for the County to hire consultants to assist in the evaluation. The city shall compensate the County for reasonable costs of outside consultants assisting the County with its evaluation of the city’s proposal.
5. Miscellaneous Provisions.
a. The County shall not participate in any EIFD that uses eminent domain on inhabited residential properties.
b. For projects with an affordable housing component, the County will require the city and County explore options for crediting some of the new housing toward the County’s Regional Housing Needs Allocation.
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-648, Version: 1
Rent Stabilization and Tenant Protection
Receive a report regarding rent stabilization and tenant protection and consider directing staff to return to the City Council with strategies and alternatives available to the City Council.
City of Salinas Page 1 of 1 Printed on 10/19/2023
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Page | 1
CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: OCOTOBER 24, 2023
DEPARTMENT: CITY ATTORNEY’S OFFICE
FROM: CHRISTOPHER A. CALLIHAN, CITY ATTORNEY
TITLE: RENT STABILIZATION AND TENANT PROTECTION
RECOMMENDED MOTION:
It is recommended that the City Council receive a report on the Salinas rental housing market and state laws that impact rent control and tenant protection. Following receipt of the report, it is recommended that the City Council consider whether to direct the City Attorney’s Office to develop recommendations on rent stabilization and tenant protection strategies and present such recommendations to the City Council for consideration. Such strategies may include a tenant protection ordinance, a rent stabilization ordinance regulating local rental rate increases, and tenant education programs.
If the City Council directs staff to return to the City Council with recommendations, it is recommended that the City Council’s Housing and Land Use Committee be the forum through which the City engages the community as the work on such recommendations progresses.
EXECUTIVE SUMMARY:
This report has been brought forward to the City Council at the request of Council member Rocha, with the support of Council member González.
This report presents general information regarding the housing market in Salinas which has, in at least some degree, led to substandard housing, overcrowding, unaffordable rents, and, in some cases, homelessness. This report also generally discusses the current status of State law as it relates to rental housing and tenant protections.
BACKGROUND:
Rental Housing in Salinas
A housing affordability gap exists where residents earning the median income cannot afford the prevailing rents or to acquire a home at the median home price. Such a condition leads to overcrowding, substandard living conditions, housing insecurity, and, in some cases, homelessness. Illegally increased rents exacerbate this problem. Contributing factors to the housing affordability gap include: income, housing prices, total housing units available, owner v. rental rates, age of units, and vacancy rate.
Page | 2
As of 2021, Salinas had a population of approximately 163,000 people with a median age of 31.3 and approximately 71,000 people employed in different employment sectors.1 Households in Salinas have a median household income of $75,747, which is below the State median income of $84,0972and the Monterey County median income of $82,013.3In Salinas, 14.3% of the population live below the poverty line, a number that is higher than the State average of 12.2% and the Monterey County average of 12.1%.4
According to the California Association of Realtors, only about one-fourth of all Californians could afford to purchase the $786,750 statewide median-priced home in 2021, with a minimum annual income of $144,000 needed to make monthly payments of $3,610, including principal, interest, and taxes on a 30-year fixed-rate mortgage at a 3.16 percent interest rate.5 Only twentysix percent of all Californians earned the minimum needed to purchase a home in 2021, down from 28% in 2020.6In Salinas, the median home sale price in September 2023 was $699,000, an increase of 6.1% from the prior year.7 The median value of owner-occupied housing units in Salinas is $477,200.8
According to the United States Census Bureau, the median gross rent in Salinas is $1,838 per month (for a one-bedroom unit) with many rental households paying 35% or more of their household income toward rent.9 The median rent for all bedrooms and all property types in Salinas as of October 15, 2023, is $2,395, with there being only 117 rental units currently available in Salinas.10 The median rent for a studio is $1,589, while a two-bedroom unit is $2,500, a threebedroom unit is $3,250, and a four or more bedroom unit is $4,308.11 While these rents are for all unit types, the rents for apartments are only slightly lower. According to the National Low Income Housing Coalition (NLIHC), households paying over 30% of their income are considered housing cost-burdened. And, according to and NLIHC study, Monterey County ranked the fourth most expensive place to live, with a renter in 2022 needing to make $37.87 per hour to pay for an average two-bedroom apartment and in 2023 a renter needing to make $13.57 ($51.37) more in just one year’s time.12
Rent Control, In General
Major California cities including San Francisco and Los Angeles have had local rent control laws since the late 1970’s. These policies were enacted in response to inflation and lack of affordable rental housing. The laws vary by city, but are generally limited to regulating how much landlords
1 https://datausa.io/profile/geo/salinas-ca
2 https://www.census.gov/quickfacts/fact/table/CA/BZA210221 3 https://www.census.gov/quickfacts/fact/table/montereycountycalifornia/PST045222 4 https://www.census.gov/quickfacts/fact/table/montereycountycalifornia/HEA775222#HEA775222 5 https://www.car.org/aboutus/mediacenter/newsreleases/2022releases/2021haibyethnicity 6 https://www.car.org/aboutus/mediacenter/newsreleases/2022releases/2021haibyethnicity 7 https://www.redfin.com/city/16477/CA/Salinas/housing-market 8 https://www.census.gov/quickfacts/fact/table/salinascitycalifornia/PST045222 9 https://data.census.gov/table/ACSDP1Y2022.DP04?g=160XX00US0664224 . 10 https://www.zillow.com/rental-manager/market-trends/salinas-ca/ 11 https://www.zillow.com/rental-manager/market-trends/salinas-ca/?bedrooms=4plus 12 https://www.ksbw.com/article/california-rent-expensive-places-to-live/44350132 Page | 3
can raise rent prices per year. In some places, the rent control laws only regulate evictions, but not rent hikes, or only apply to mobile homes.13 As of 2203, seven states (including California) have enacted rent control policies at the state or local level. Thirty-one states have enacted laws preempting local governments from adopting rent control policies. In twelve states, no cities have rent control, but rent control is not preempted.14
In general, rent control is part of a system of rent regulation which limits the changes that can be made in the price of renting a house or other real property. Modern rent controls are intended to protect tenants in privately owned residential properties from excessive rent increases by mandating gradual rent increases, while at the same time ensuring that landlords receive a return on their investment that is deemed fair by the controlling authority. Rent control slows the rate of rent increases, but it will not decrease the cost of housing.
Historically, there have been two types of rent control—vacancy control (where the rent level of a unit is controlled irrespective of whether the tenant remains in the unit or not) and vacancy decontrol (where the rent level is controlled only while the existing tenant remains in the unit).
The Costa Hawkins Act (discussed below) outlawed vacancy control provisions.
State Law
In general, there are three existing State laws that impact rent control and tenant protection measures in California: 1985 Ellis Act, 1995 Costa Hawkins Rental Housing Act, and 2019 Tenant Protection Act.
The Ellis Act; 1985
The Ellis Act was enacted by the State Legislature in 1985 after the California Supreme Court ruled that landlords do not have the right to evict tenants to go out of the business of being a landlord. The Ellis Act, therefore, essentially provides property owners the ability to “go out of the rental business.” In cities with eviction control ordinances, landlords my only terminate tenancies for cause. The Ellis Act requires that these cities allow property owners to withdraw their property from the residential rental market, permitting them to terminate any residential tenancies in the withdrawn property. The Ellis Act applies to “accommodations” (generally apartments) which is defined to mean either an entire building (if there is only one building on the parcel) or each building on the parcel if any one of the withdrawn buildings has three or fewer units.
Municipalities can regulate the Ellis Act eviction process to some extent. Those that do typically restrict the property from use as a rental property for a period of time and require that it go back under rent control provisions if it is returned to the rental market. Salinas currently does not currently regulate the Ellis Act eviction process, nor does Salinas currently have any rent control provisions.
13 Salinas currently does not have local rent control laws, except with respect to mobile homes. https://library.municode.com/ca/salinas/codes/code_of_ordinances?nodeId=PTIITHCO_CH17.1MO 14 https://ballotpedia.org/California_Prohibit_State_Limitations_on_Local_Rent_Control_Initiative_(2024) Page | 4
The Costa Hawkins Rental Housing Act; 1995
In 1995, voters passed the Costa Hawkins Act, which sought to protect the right of landlords and their continued ability to develop housing. The Costa Hawkins Act pre-empted local rent control for multi-family units built after February 1995, as well as separately alienable units including single-family homes and condominiums. Under Costa Hawkins, single-family homes and condominiums are exempt from rent control, as are newly constructed apartment buildings. The Costa Hawkins Act also bans vacancy control, which means that landlords can raise the rent to market rate after a tenant moves out. However, the Costa Hawkins Act does not fully bar local rent control and allows local jurisdictions to set annual limits on rent increases on multi-family apartment units built before 1995 while an existing tenant continues to live in the unit. A 2018 ballot initiative called the Affordable Housing Act failed to repeal Costa Hawkins, as did the 2020 proposed Proposition 21, the Rental Affordability Act, which would have re-empowered local jurisdictions to adopt new rental control ordinances. The Rental Affordability Act proposed to modify the three main limitations of Costa-Hawkins: cities and counties (1) would have been able to apply rent control to most housing that is more than fifteen years old (this did not include singlefamily homes owned by people with two or fewer properties; (2) could have limited how much a landlord can increase rents when a new renter moves in; and (3) would have been able to apply rent control to most housing that is more than fifteen years old. Proposition 21 was not authorized by the electorate.
The “California Prohibit State Limitations on Local Rent Control Initiative” The California Prohibit State Limitations on Local Rent Control Initiative has qualified for the ballot in California as an initiative statute on the November 5, 2024, ballot. This initiative was designed to repeal the Costa Hawkins Rental Housing Act. The initiative would also allow cities and counties to limit rent on any housing and limit the rent for a first-time tenant and would prohibit the state from limiting “the right of any city, county, or city and county to maintain, enact, or expand residential rent control.”15
The Tenant Protection Act (AB 1482); 2020-2030
AB 1482, The Tenant Protection Act, established a new statewide rent control policy. The Tenant Protection Act became effective in January 2020 and expires in January 2030. The Tenant Protection Act applies to rental units that were built more than fifteen years ago and are not a hotel, owned by a nonprofit, student dormitories, a duplex where the landlord lives in one of the units, deed restricted, or single-family homes not owned by a corporation.
15 The Petition has been summarized as follows: “Current state law (the Costa-Hawkins Rental Housing Act of 1995) generally prevents cities and counties from limiting the initial rental rate that landlords may charge to new tenants in all types of housing, and from limiting rent increases for existing tenants in (1) residential properties that were first occupied after February 1, 1995; (2) single-family homes; and (3) condominiums. This measure would repeal that state law and would prohibit the state from limiting the right of cities and counties to maintain, enact, or expand residential rent-control ordinances.”
https://ballotpedia.org/California_Prohibit_State_Limitations_on_Local_Rent_Control_Initiative_(2024) Page | 5
The Tenant Protection Act affects tenants in two main ways: it limits rent increases and it imposes “just cause” protections to existing tenants.
Rent increases are limited, as follows: AB 1482 restricts the allowable annual rent increase to 5% plus a total cost-of-living adjustment of no more than 5%, for a maximum increase of 10%. The law is retroactive, calculating the starting rent from March of 2019. There is no maximum rent or limit on how much landlords can raise rents between one tenant and the next. Rent can only be increased two times within any twelve-month period and a master tenant cannot sublease at a higher rate. In order to raise rents, landlords must provide written notice.
The Tenant Protection Act also provides eviction protections to tenants if all the tenants of a rental unit have lived there for twelve months or longer. The Tenant Protection Act permits at fault and no fault evictions. The Tenant Protection Act does not contain an explicit grant of authority to local governments to enforce its provisions.
No fault evictions exist where the tenant is not at fault for the eviction (owner or family member intends to occupy the unit, intent to substantially remodel the unit, etc.) and requires the landlord to pay relocation assistance equal to the tenants.
At fault eviction is permitted and do not require payment of relocation assistance. At fault evictions are permitted with notice and an opportunity to cure and can include: failure to pay rent, violating the lease, committing a nuisance, damaging the property, criminal activity at the unit, and subletting contrary to the lease.
Potential Considerations for Future Action
Many California cities have enacted local government rent stabilization and tenant protection programs through ordinances responsive to those specific communities and those specific City Councils’ directives. Local ordinances tend to be more focused on regional factors including cost of living and income data, rather than statewide data. Additionally, having a local ordinance in place provides the City Attorney’s Office with authority to enforce AB 1482 violations, for example, which authority would not exist without a local ordinance. A local ordinance and associated enforcement programming would provide additional tools to the landlords and the tenants.
A local rent stabilization ordinance based on local conditions and data could, for example, prohibit rent increases beyond a certain percentage, further limit how often rents could be increased, and establish local sanctions and penalties for failure to comply with the local ordinances. The City could also establish fees to support the local program.
A local tenant protection ordinance based on local conditions and data could, for example, require a landlord to pay a greater amount of relocation assistance beyond what state law requires, require the relocation expenses to include move-in costs (e.g., first and last months’ deposits, security deposits, and application fees), and provide for tenant protections to vest sooner than twelve months into a tenancy.
Page | 6
A Salinas program established and implemented pursuant to the City Council’s direction could include, for example, education and training to the community of the rights and the obligations of both landlords and tenants arising from such ordinances. A study of the factors contributing to the housing affordability gap (discussed above) will need to be completed. Primary among these target constituencies would be tenant organizations, apartment owners and managers, real estate associations, and advocates and representatives for both tenants and housing providers. A comprehensive public education and outreach program could also be developed and may include such elements as bilingual marketing and delivery, printed and electronic materials, education and outreach to target constituencies, and a social media and web presence.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
The City Council’s consideration of whether to establish and to implement rent stabilization and tenant protection strategies is consistent with the City Council’s goal of promoting Housing/Affordable Housing (City of Salinas Strategic Plan 2022-2025).
DEPARTMENTAL COORDINATION:
The City Attorney’s Office will coordinate with the Community Development Department and City Administration and will utilize the City Council’s Housing and Land Use Committee as the forum through which to conduct community engagement on this topic. It should also be noted that in April 2023, the City of Salinas adopted and codified Ordinance Number 2663 (N.C.S.) establishing Residential Rental Registration fees in Chapter 17, Article I of the Salinas Municipal Code.
FISCAL AND SUSTAINABILITY IMPACT:
The City Council’s providing direction to staff on rent stabilization and tenant protection strategies will not have an impact on the City’s General Fund, except to the extent City staff time is spent developing and presenting such strategies to the City Council, the Housing and Land Use Committee, and the community.
ATTACHMENTS:
None
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-654, Version: 1
Minutes
Approve minutes of October 10, 2023.
City of Salinas Page 1 of 1 Printed on 10/19/2023
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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-651, Version: 1
Financial Claims
Approve financial claims report.
City of Salinas Page 1 of 1 Printed on 10/19/2023
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Number Date Status
Transaction
Amount
470004 10/03/2023 Open $668.02
470005 10/03/2023 Open $22,610.00
470006 10/03/2023 Open $54.36
470007 10/03/2023 Open $80.00
470008 10/03/2023 Open $21.49
470009 10/03/2023 Open $31,195.49
470010 10/03/2023 Open $556.02
470011 10/03/2023 Open $105.00
470012 10/03/2023 Open $1,309.73
470013 10/03/2023 Open $697.16
470014 10/03/2023 Open $2,989.62
470015 10/03/2023 Open $200.00
470016 10/03/2023 Open $1,349.62
470017 10/03/2023 Open $6,589.63
470018 10/03/2023 Open $1,205.84
470019 10/03/2023 Open $264.37
470020 10/03/2023 Open $88.75
470021 10/03/2023 Open $137.40
470022 10/03/2023 Open $100.00
470023 10/03/2023 Open $192.00
470024 10/03/2023 Open $14,265.75
470025 10/03/2023 Open $1,508.81
470026 10/03/2023 Open $28,184.38
470027 10/03/2023 Open $100.00
470028 10/03/2023 Open $160.53
470029 10/03/2023 Open $677.55
470030 10/03/2023 Open $67.81
470031 10/03/2023 Open $5,554.88
470032 10/03/2023 Open $3,767.40
470033 10/03/2023 Open $48.18
470034 10/03/2023 Open $117.49
470035 10/03/2023 Open $6,730.86
470036 10/03/2023 Open $100.00
470037 10/03/2023 Open $100.00
470038 10/03/2023 Open $16.17
470039 10/03/2023 Open $9,000.00
470040 10/03/2023 Open $100.00
470041 10/03/2023 Open $100.00
470042 10/03/2023 Open $100.00
470043 10/03/2023 Open $13,323.25
470044 10/03/2023 Open Don Chapin Inc $2,113.18
David L Crabill
David Poulin
Dell Marketing LP
Dataflow Business Systems Inc
Dataworks Plus LLC
Dave Shaw
Dale Fors
Dana Cornelison
Daniel David Green
Condor Security Of America Inc
Consolidated Electrical Distributors, Inc.
CSC Of Salinas
Coast Automotive Warehouse Inc
Commercial Truck Company
CONCERN
Charles Murray Dba Jaeco Fire and Safety
Chris Swinscoe
Cintas
California Water Environment Association
Carollo Engineers, Inc
CDW-G
Brent DeBorde
Brodart Company
Bruce Bush
Assured Aggregates Company Inc
Blueglobes Inc
Bound Tree Medical
American Supply Company
Andrew McLaughlin
Aramark Uniform & Career Apparel Group, Inc
All Safe Security Alarm
Alpha
Amazon.Com
Alco Water
Alco Water
Alhambra and Sierra Spring DS Waters of America LP
ABAG Power Purchasing Pool
Ace Hardware
Agile Occupational Medicine PC
72 Hour LLC dba Chevrolet of Watsonville/National
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/3/2023 - To Payment Date: 10/17/2023 Payee Name
user: Josephine Fernandez Pages: 1 of 9 Wednesday, October 18, 2023 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/3/2023 - To Payment Date: 10/17/2023 Payee Name
470045 10/03/2023 Open $17,906.49
470046 10/03/2023 Open $14.29
470047 10/03/2023 Open $24,618.00
470048 10/03/2023 Open $1,209.79
470049 10/03/2023 Open $24.80
470050 10/03/2023 Open $356.27
470051 10/03/2023 Open $11,163.48
470052 10/03/2023 Open $582.78
470053 10/03/2023 Open $8.25
470054 10/03/2023 Open $100.00
470055 10/03/2023 Open $289.15
470056 10/03/2023 Open $29,214.92
470057 10/03/2023 Open $3,684.06
470058 10/03/2023 Open $362.49
470059 10/03/2023 Open $208.71
470060 10/03/2023 Open $5,012.50
470061 10/03/2023 Open $100.00
470062 10/03/2023 Open $100.00
470063 10/03/2023 Open $11,675.34
470064 10/03/2023 Open $414.76
470065 10/03/2023 Open $1,362.70
470066 10/03/2023 Open $149.00
470067 10/03/2023 Open $100.00
470068 10/03/2023 Open $100.00
470069 10/03/2023 Open $100.00
470070 10/03/2023 Open $100.00
470071 10/03/2023 Open $242.49
470072 10/03/2023 Open $100.00
470073 10/03/2023 Open $841.74
470074 10/03/2023 Open $100.00
470075 10/03/2023 Open $315.00
470076 10/03/2023 Open $205.79
470077 10/03/2023 Open $272.78
470078 10/03/2023 Open $200.00
470079 10/03/2023 Open $2,213.02
470080 10/03/2023 Open $3,131.13
470081 10/03/2023 Open $160.00
470082 10/03/2023 Open $6,100.49
470083 10/03/2023 Open $100.00
470084 10/03/2023 Open $8,567.00
470085 10/03/2023 Open $100.00
Lance Miraco
Lexipol LLC
Mark Freedman
Knox Associates, Inc. dba Knox Company
Kronos Incorporated
Kyle Daniels
Kelly-Moore Paint Company
Kevin Skinner
Kimball Midwest
Jonathan Barnes
Jose Adrian Garcia Ramos dba Shredding Source Solu
Kanco Inc. / Mighty Auto Parts
Jimenez Autobody Parts, Inc dba C & J Auto Parts
John Wider
Johnson Associates
James Knowlton
Jeff Gibson
Jesse Pinon
Interstate Battery System Inc
J.J. Keller and Associates Inc
Jacqueline Pacelli
Henry Gomez
Home Depot Credit Services
Ingram Book Company
Green Valley Industrial Supply
HdL Coren & Cone
Heath Johnson
Golden State Truck and Trailer Repair
Granite Rock Co
Great West Equipment
G2Solutions, Inc
Gabriel Hernandez
Genuine Parts Company dba NAPA Auto Parts
Ferguson US Hodings, Inc dba Ferguson Enterprises
Fidelity Management Trust Company
First Alarm
Environmental Systems, Inc of Northern California
Fastenal Company
Fed Ex
East Bay Tire Company
Edges Electrical Group, LLC
user: Josephine Fernandez Pages: 2 of 9 Wednesday, October 18, 2023 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/3/2023 - To Payment Date: 10/17/2023 Payee Name
470086 10/03/2023 Open $100.00
470087 10/03/2023 Open $1,355.95
470088 10/03/2023 Open $435.23
470089 10/03/2023 Open $100.00
470090 10/03/2023 Open $596.25
470091 10/03/2023 Open $1,029.67
470092 10/03/2023 Open $239.26
470093 10/03/2023 Open $148.50
470094 10/03/2023 Open $1,460.13
470095 10/03/2023 Open $31.35
470096 10/03/2023 Open $70.87
470097 10/03/2023 Open $246.45
470098 10/03/2023 Open $58.56
470099 10/03/2023 Open $1,551.67
470100 10/03/2023 Open $100.00
470101 10/03/2023 Open $5,341.65
470102 10/03/2023 Open $20,478.15
470103 10/03/2023 Open $356.17
470104 10/03/2023 Open $667.50
470105 10/03/2023 Open $308.37
470106 10/03/2023 Open $507.85
470107 10/03/2023 Open $335.64
470108 10/03/2023 Open $100.00
470109 10/03/2023 Open $100.00
470110 10/03/2023 Open $185.62
470111 10/03/2023 Open $432.08
470112 10/03/2023 Open $378.98
470113 10/03/2023 Open $100.00
470114 10/03/2023 Open $100.00
470115 10/03/2023 Open $714.00
470116 10/03/2023 Open $1,335.00
470117 10/03/2023 Open $100.00
470118 10/03/2023 Open $100.00
470119 10/03/2023 Open $51,279.67
470120 10/03/2023 Open $1,684.90
470121 10/03/2023 Open $100.00
470122 10/03/2023 Open $6,545.72
470123 10/03/2023 Open $5,341.80
470124 10/03/2023 Open $32.81
470125 10/03/2023 Open $100.00
470126 10/03/2023 Open $100.00
Suthided Livingston
Suzanne Cottle-Gavalla
Stommel Inc dba Lehr
Sturdy Oil Company
Summit Uniforms, LLC dba Summit Uniforms
Smith and Enright Landscaping
Snap-On Tools Corporation
Stanley Cooper
Shaw HR Consulting Inc
Sheldon Bryan
Simon Jimenez
Scott Myhre
Scott Tyler
Sentry Alarm System
Ruth Maria Milla-Leon dba Andersen's Lock & Safe
San Lorenzo Lumber
Saul Ramirez Morales Authorized Matco Tools Dist.
Refrigeration Supplies Distributor
Richard Maldonado
Ricky Williams
PLM Lender Services Inc
Quality Water Enterprises Inc dba Culligan Water
RDO Equipment Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pape Machinery, Inc.
O'Reilly Auto Parts
Office Depot Business Service Division
Oscar Dydasco
My Chevrolet
Nicholas Thomas
North American Rescue LLC
Mitchell 1
Monterey County Weekly
Motorola Solutions, Inc
Michael Groves
Michael Spencer dba Tire & Wheel World
Midwest Tape, LLC dba Midwest Tape
Martin Persijn
MAS Modern Marketing, Inc
MCSI Water Systems Management
user: Josephine Fernandez Pages: 3 of 9 Wednesday, October 18, 2023 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/3/2023 - To Payment Date: 10/17/2023 Payee Name
470127 10/03/2023 Open $630.00
470128 10/03/2023 Open $100.00
470129 10/03/2023 Open $800.00
470130 10/03/2023 Open $100.00
470131 10/03/2023 Open $100.00
470132 10/03/2023 Open $1,760.00
470133 10/03/2023 Open $35,674.94
470134 10/03/2023 Open $375.10
470135 10/03/2023 Open $1,087.04
470136 10/03/2023 Open $1,000.00
470137 10/03/2023 Open $1,827.26
470138 10/03/2023 Open $2,768.66
470139 10/03/2023 Open $442.40
470140 10/03/2023 Open $7,125.00
470141 10/03/2023 Open $8,972.25
470142 10/03/2023 Open $78.33
470143 10/03/2023 Open $614.42
470144 10/03/2023 Open $4,256.94
470145 10/03/2023 Open $1,857.02
470146 10/03/2023 Open $697.96
470147 10/03/2023 Open $1,837.72
470148 10/03/2023 Open $18.00
470149 10/03/2023 Open $43.27
470150 10/03/2023 Open $65.00
470151 10/03/2023 Open $44.00
470152 10/03/2023 Open $121.60
470153 10/03/2023 Open $241.75
470154 10/03/2023 Open $178.50
470155 10/10/2023 Open $1,100.00
470156 10/10/2023 Open $540.75
470157 10/10/2023 Open $120.00
470158 10/10/2023 Open $189.75
470159 10/10/2023 Open $1,724.00
470160 10/10/2023 Open $1,472.00
470161 10/10/2023 Open $189.75
470162 10/10/2023 Open $189.75
470163 10/10/2023 Open $277.50
470164 10/10/2023 Open $418.75
470165 10/10/2023 Open $189.75
470166 10/10/2023 Open $384.75
470167 10/10/2023 Open Jeff Alford $251.25
Gerardo Magana
Ian Kile
Isidoro Medrano
Eulalio Villegas
Evan Adams
Gabriela Contreras
Christopher Neff
City of Fresno
Douglas William Roller dba Tactical K9, LLC
CACEO
Cameron Mitchell
Cameron Murphy
Sarah Alexander c/o Tesla Energy Operations Inc
Teresa Carrasco
Workbench
Discovery Hydrovac
Jamal Obad
North Aero, Inc
Worldpac
ZAP Manufacturing Inc
C Overaa & Company
WCAF, LLC dba Watsonville Ford
WCDJR LLC dba Watsonville Chrysler Dodge Jeep Ram
Witmer Associates Inc
Wald, Ruhnke & Dost Architects, LLP
Wallace Group A California Corporation
Walmart c/o Capitol One
Verizon Wireless
Verizon Wireless
W W Grainger Inc
United Site Services
Valley Fabrication Inc
Venissa Rosa
Todd Swinscoe
Trevor Boreham dba Life Saving Certified LLC
U.S. Bank National Association ND
Ted Koch
Tehama Golf Club LLC
Terry Gerhardstein
Target Pest Control
user: Josephine Fernandez Pages: 4 of 9 Wednesday, October 18, 2023 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/3/2023 - To Payment Date: 10/17/2023 Payee Name
470168 10/10/2023 Open $195.00
470169 10/10/2023 Open $391.05
470170 10/10/2023 Open $189.75
470171 10/10/2023 Open $13.50
470172 10/10/2023 Open $229.00
470173 10/10/2023 Open $189.75
470174 10/10/2023 Open $351.00
470175 10/10/2023 Open $189.75
470176 10/10/2023 Open $64.50
470177 10/10/2023 Open $116.50
470178 10/10/2023 Open $417.00
470179 10/10/2023 Open $25,333.78
470180 10/10/2023 Open $79.91
470181 10/10/2023 Open $32,829.27
470182 10/10/2023 Open $24,578.88
470183 10/10/2023 Open $162.59
470184 10/10/2023 Open $3,657.15
470185 10/10/2023 Open $5,293.83
470186 10/10/2023 Open $97.32
470187 10/10/2023 Open $308.28
470188 10/10/2023 Open $108.89
470189 10/10/2023 Open $398.80
470190 10/10/2023 Open $150.00
470191 10/10/2023 Open $2,759.66
470192 10/10/2023 Open $79,607.05
470193 10/10/2023 Open $265.00
470194 10/10/2023 Open $792.00
470195 10/10/2023 Open $1,223.87
470196 10/10/2023 Open $764.42
470197 10/10/2023 Open $132.50
470198 10/10/2023 Open $5,331.70
470199 10/10/2023 Open $623.22
470200 10/10/2023 Open $5,908.07
470201 10/10/2023 Open $455.74
470202 10/10/2023 Open $240.93
470203 10/10/2023 Open $241.20
470204 10/10/2023 Open $237.85
470205 10/10/2023 Open $175,727.20
470206 10/10/2023 Open $1,301.48
470207 10/10/2023 Open $1,268.32
470208 10/10/2023 Open $4,047.71
Bandit Systems Inc dba Bandit Systems
Bear Electrical Solutions Inc
Botach Inc.
AT&T Mobility
Auto Center Imported Cars Inc dba My Nissan Kia
B&N Motors, LLC dba Toyota Salinas
Armor Research Company
Asap Alisal Signs And Printing
AT&T Mobility
Analgesic Services Inc
AP Triton, LLC
Aramark Uniform & Career Apparel Group, Inc
American Planning Assoc
American Supply Company
Ana Rueda De Vidales dba JAV Language Solutions
All State Police Equipment Inc
American Medical Response
American Planning Assoc
Alhambra and Sierra Spring DS Waters of America LP
All Pets Hospital
All Safe Security Alarm
Alco Water
Alhambra and Sierra Spring DS Waters of America LP
Alhambra and Sierra Spring DS Waters of America LP
AARDVARK
Ace Hardware
Action Target, Inc
2NDNATURE, LLC
72 Hour LLC dba Chevrolet of Watsonville/National
A. Teichert & Son, Inc dba Teichert Construction
Robert Zuniga
Ruben Sanchez
South Bay Regional Public Safety
Michele Houston
Nathan Castillo
Nicolas Reyes
Justin Heckman
Matthew Bates
Michael Rivera
Jose Fletes
Juliane Sharpe
user: Josephine Fernandez Pages: 5 of 9 Wednesday, October 18, 2023 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/3/2023 - To Payment Date: 10/17/2023 Payee Name
470209 10/10/2023 Open $647.20
470210 10/10/2023 Open $5,000.00
470211 10/10/2023 Open $5,582.73
470212 10/10/2023 Open $659.18
470213 10/10/2023 Open $719.93
470214 10/10/2023 Open $610.70
470215 10/10/2023 Open $206.52
470216 10/10/2023 Open $242.53
470217 10/10/2023 Open $1,850.00
470218 10/10/2023 Open $5,050.00
470219 10/10/2023 Open $57,876.85
470220 10/10/2023 Open $1,089.70
470221 10/10/2023 Open $1,393.29
470222 10/10/2023 Open $2,110.00
470223 10/10/2023 Open $421.68
470224 10/10/2023 Open $572.32
470225 10/10/2023 Open $54.11
470226 10/10/2023 Open $2,000.00
470227 10/10/2023 Open $263.90
470228 10/10/2023 Open $3,869.22
470229 10/10/2023 Open $13,617.95
470230 10/10/2023 Open $56,422.16
470231 10/10/2023 Open $2,592.53
470232 10/10/2023 Open $2,334.72
470233 10/10/2023 Open $2,445.00
470234 10/10/2023 Open $115.00
470235 10/10/2023 Open $5,082.49
470236 10/10/2023 Open $54,300.00
470237 10/10/2023 Open $4,200.85
470238 10/10/2023 Open $1,686.64
470239 10/10/2023 Open $155.62
470240 10/10/2023 Open $844.25
470241 10/10/2023 Open $35,008.71
470242 10/10/2023 Open $31,747.50
470243 10/10/2023 Open $38,537.10
470244 10/10/2023 Open $1,750.00
470245 10/10/2023 Open $2,426.00
470246 10/10/2023 Open $1,338.00
470247 10/10/2023 Open $253.42
470248 10/10/2023 Open $46.56
470249 10/10/2023 Open $3,734.17
Interstate Battery System Inc
J.P. Morgan Securities LLC
Housing Authority of the County of Monterey
Housing Authority of the County of Monterey
Interim Inc
Griffin Structures, Inc
Griffin Structures, Inc
Heather A Hardee dba Hardee Polygraph Services
Genuine Parts Company dba NAPA Auto Parts
Granite Rock Co
Granite Rock Co
Environmental Systems, Inc of Northern California
Final Design, Inc dba Trajectory EV
First Alarm
Elsie E Hicks Testamentary Trust dba Elsie E Hicks
Emergency Response Training Inc dba Defibthis Emer
Emilio Alexander Garcia dba Mag One Productions
Don Chapin Inc
EJ Williams Property Management dba Santa Lucia
EJ Williams Property Management dba Santa Lucia
CSC Of Salinas
Davgp, Inc. dba Salinas Valley Tire
Delcas Auto Collision Inc.
Comcast (Business)
Comcast (Business)
Community Hospital Of The Monterey Peninsula
Cintas
CJH Partnership, LP
Coast Automotive Warehouse Inc
Carlos Vejar
CDW-G
CEB
Canon Solutions America Inc
Canon Solutions America Inc
Cardinalli Realty & Property Management Co. Inc.
Canon Financial Services Inc
Canon Financial Services Inc
Canon Financial Services Inc
Bound Tree Medical
California Rodeo Inc
California Water Service
user: Josephine Fernandez Pages: 6 of 9 Wednesday, October 18, 2023 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/3/2023 - To Payment Date: 10/17/2023 Payee Name
470250 10/10/2023 Open $5,022.00
470251 10/10/2023 Open $2,300.00
470252 10/10/2023 Open $10,500.00
470253 10/10/2023 Open $102.59
470254 10/10/2023 Open $5,750.00
470255 10/10/2023 Open $258.01
470256 10/10/2023 Open $3,000.00
470257 10/10/2023 Open $134.06
470258 10/10/2023 Open $17,455.22
470259 10/10/2023 Open $20,220.21
470260 10/10/2023 Open $5,356.16
470261 10/10/2023 Open $338.52
470262 10/10/2023 Open $5,700.00
470263 10/10/2023 Open $25,000.00
470264 10/10/2023 Open $12,580.00
470265 10/10/2023 Open $1,050.00
470266 10/10/2023 Open $1,624.70
470267 10/10/2023 Open $300.00
470268 10/10/2023 Open $6,000.00
470269 10/10/2023 Open $706.00
470270 10/10/2023 Open $8,136.36
470271 10/10/2023 Open $23,303.50
470272 10/10/2023 Open $2,486.80
470273 10/10/2023 Open $125.50
470274 10/10/2023 Open $900.00
470275 10/10/2023 Open $122,536.53
470276 10/10/2023 Open $43,625.00
470277 10/10/2023 Open $82.19
470278 10/10/2023 Open $250.00
470279 10/10/2023 Open $774.58
470280 10/10/2023 Open $1,490.00
470281 10/10/2023 Open $3,391.61
470282 10/10/2023 Open $1,025.00
470283 10/10/2023 Open $105.93
470284 10/10/2023 Open $4,147.47
470285 10/10/2023 Open $722.55
470286 10/10/2023 Open $5,052.17
470287 10/10/2023 Open $661.78
470288 10/10/2023 Open $1,569.79
470289 10/10/2023 Open $3,017.50
470290 10/10/2023 Open Peninsula Messenger, LLC $210.00 Pacific Gas and Electric Company
Pacific Truck Parts Inc
Pavement Engineering, Inc
OCLC Online Computer Library Center dba OCLC Inc.
Office Depot Business Service Division
Pacific Gas and Electric Company
NPI Capital Partners LP dba Northridge Park Apartm
NPI Capital Partners LP dba Northridge Park Apartm
O'Reilly Auto Parts
New Image Landscape Company
Nielsen-Kellerman Co.
NPG of Monterey-Salinas CA LLC dba KION NION KMUV
Motorola Solutions, Inc
MV Cheng & Associates Inc.
My Chevrolet
Monterey County The Herald
Monterey Transfer and Storage Inc
Monterra Ranch Of Monterey Home Owner's Associatio
Mission Communications, LLC
MMSOFT Design Limited
MNS Engineers, Inc
Maria Luisa Alcala
Michel W Davenas
MIS CORP
Lexipol LLC
Lisa Marie Vetter dba Tour de force Speakers
M3 Environmental Consulting
L.N. Curtis & Sons
Lawson Products, Inc
Lecticon, Inc dba DST, on Q Safety
Kelly-Moore Paint Company
Kurt Ashley dba Secure Solutions
L.C. Action
Johnson Electronics
Jose Luis Corral dba Salinas Pizza
Kelly Ann Patterson
Jimmy Vanhove dba Precision K9
John E Arriaga Dba J.E.A. and Associates
Johnson Associates
Jayson F. Cardinalli dba Clean Brothers
user: Josephine Fernandez Pages: 7 of 9 Wednesday, October 18, 2023 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/3/2023 - To Payment Date: 10/17/2023 Payee Name
470291 10/10/2023 Open $3,745.00
470292 10/10/2023 Open $731.00
470293 10/10/2023 Open $632.00
470294 10/10/2023 Open $91,795.53
470295 10/10/2023 Open $23,380.00
470296 10/10/2023 Open $337.50
470297 10/10/2023 Open $2.05
470298 10/10/2023 Open $131.30
470299 10/10/2023 Open $982.25
470300 10/10/2023 Open $109.36
470301 10/10/2023 Open $2,072.83
470302 10/10/2023 Open $3,102.36
470303 10/10/2023 Open $1,400.00
470304 10/10/2023 Open $3,700.00
470305 10/10/2023 Open $856.63
470306 10/10/2023 Open $58,922.04
470307 10/10/2023 Open $28,729.36
470308 10/10/2023 Open $33.66
470309 10/10/2023 Open $158.80
470310 10/10/2023 Open $15,700.00
470311 10/10/2023 Open $9,099.13
470312 10/10/2023 Open $5,000.00
470313 10/10/2023 Open $2,126.78
470314 10/10/2023 Open $260.00
470315 10/10/2023 Open $104,486.02
470316 10/10/2023 Open $11,090.29
470317 10/10/2023 Open $16,729.90
470318 10/10/2023 Open $400.00
470319 10/10/2023 Open $10,765.00
470321 10/10/2023 Open $1,471.33
470322 10/10/2023 Open $702.11
470323 10/10/2023 Open $4,995.53
470324 10/10/2023 Open $998.77
470325 10/10/2023 Open $344.98
470326 10/10/2023 Open $133.29
470327 10/10/2023 Open $34,233.49
470328 10/10/2023 Open $184.37
470329 10/10/2023 Open $322.47
470330 10/10/2023 Open $741.52
470331 10/10/2023 Open $603.57
470332 10/10/2023 Open $3,920.51
Verizon Wireless
Verizon Wireless
Verizon Wireless
Unmanned Vehicle Technologies, LLC
Vals Plumbing and Heating Inc
Verizon Wireless
U.S. Armor Corporation
U.S. Bank National Association dba U.S. Bank Equip
United Rentals
Thomson-West/Barclays
Tri County Fire Protection
Twining, Inc
SWA Group Inc
Target Pest Control
TechRx Technology Services Corporation
Steven Criste
Stommel Inc dba Lehr
Sturdy Oil Company
Shepard AV LLC dba McCune Audio Visual Lighting
Simplot AB Retail Sub Inc
SpeakWrite LLC
San Lorenzo Lumber
Sayler Legal Service
Serological Research Institute
Salinas Custom Gate Company Inc
Salinas Valley Ford Inc
San Diego Police Equipment Company
Safety-Kleen Systems, Inc.
Salinas Capital Partners, LP
Salinas Capital Partners, LP
RELX Inc. dba LexisNexis, Division of RELX Inc.
Rexel USA, Inc dba Platt Electric Supply
S & L Investments dba Salinas Valley ProSquad
Pure Water
Quality Water Enterprises Inc dba Culligan Water
RDO Equipment Company
Plaza Grande LP
Premier Builders, Inc.
Pure Gold Forensics, Inc
Plaza Grande LP
Plaza Grande LP
user: Josephine Fernandez Pages: 8 of 9 Wednesday, October 18, 2023 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/3/2023 - To Payment Date: 10/17/2023 Payee Name
470333 10/10/2023 Open $1,098.40
470334 10/10/2023 Open $3,755.74
470335 10/10/2023 Open $38.01
470336 10/10/2023 Open $1,809.77
470337 10/10/2023 Open $616.42
470338 10/10/2023 Open $19,595.45
470339 10/10/2023 Open $6,661.50
470340 10/10/2023 Open $791.74
470341 10/10/2023 Open $1,265.68
470342 10/10/2023 Open $30.95
470343 10/10/2023 Open $25,218.36
470344 10/10/2023 Open $380.09
470345 10/10/2023 Open $2,300.00
$2,053,209.44
Yue Hong Zheng dba Zheng's Rental
Type Check Totals:
General Account - General Account Totals
WCDJR LLC dba Watsonville Chrysler Dodge Jeep Ram
Words Studio LLC
Worldpac
Wallace Group A California Corporation
Walmart c/o Capitol One
WCAF, LLC dba Watsonville Ford
Voyager
W W Grainger Inc
Wald, Ruhnke & Dost Architects, LLP
Verizon Wireless
Verizon Wireless
Verizon Wireless
user: Josephine Fernandez Pages: 9 of 9 Wednesday, October 18, 2023 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-607, Version: 1
2022-2023 Pavement Maintenance Project, CIP No. 9981, 9120, 9080 Approve a Resolution approving Contract Change Order No. 1 to Granite Construction Company for the 2022- 2023 Pavement Maintenance Project, CIP No. 9981, 9120, 9080 in the amount of $430,678.35; and approving Contract Change Order No. 2 to Granite Construction Company for the 2022-2023 Pavement Maintenance Project, CIP No. 9981, 9120, 9080 for an amount not to exceed $250,000.00; and authorizing the Interim City Manager to execute all necessary documents related to Contract Change Order No. 1 and No. 2 and authorize a 10% of the new contract amount for construction contingencies ($881,868.50) for the 2022-2023 Pavement Maintenance Project, CIP No. 9981, 9120, 9080.
City of Salinas Page 1 of 1 Printed on 10/19/2023
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Page | 1
CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: OCTOBER 24, 2023
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR
BY: PATRICK FUNG, ASSISTANT ENGINEER
TITLE: 2022-2023 PAVEMENT MAINTENANCE PROJECT, CIP NO. 9981, 9120, 9080
RECOMMENDED MOTION:
A motion to approve a resolution authorizing:
1. Contract Change Order No. 1 to Granite Construction Company for the 2022-2023 Pavement Maintenance Project, CIP No. 9981, 9120, 9080 in the amount of $430,678.35 and authorizing the City Manager to execute all necessary documents related to Contract Change Order No. 1; and
2. Contract Change Order No. 2 to Granite Construction Company for the 2022-2023 Pavement Maintenance Project, CIP No. 9981, 9120, 9080 for an amount not to exceed $250,000 and authorizing the City Manager to execute all necessary documents related to Contract Change Order No. 2; and
3. 10% of the new contract amount for construction contingencies ($881,868.50) for the 2022-2023 Pavement Maintenance Project, CIP No. 9981, 9120, 9080.
EXECUTIVE SUMMARY:
This Report requests City Council action with respect to the 2022-2023 Pavement Maintenance Project, CIP No. 9981, 9120, 9080. City staff is recommending that the Project be improved by incorporating additional components into the construction process, which will require Contract Change Orders and additional funding.
BACKGROUND:
On May 16, 2023, the Salinas City Council awarded the 2022-2023 Pavement Maintenance Project, CIP No. 9981, 9120, 9080 to Granite Construction Company (Resolution No. 22661) for the sum of $8,138,006.96. Construction commenced on July 31, 2023.
The project, in general, calls for rehabilitation of pavements, reconstruction of curb ramps, curbs, gutters, and installation of new signs and striping. See Exhibit A – Project Location Map.
Page | 2
Contract Change Order 1
The project calls for chip sealing several arterial roadways. A chip seal is a roadway surface treatment that consists of a layer of asphalt binder followed by a layer of embedded aggregate.
Chip seals provide a new skid-resistant wearing surface, seal minor cracks, and prevent further deterioration of the existing roadway due to oxidation and water intrusion. Although chip seal can be installed without any other additional treatments, and in an effort to be responsive to opposition from the bicycling community, staff is recommending the installation an additional layer of Tire Rubber Modified Surface Sealer (TRMSS). This product is applied directly on top of the chip seal aggregate. TMRSS is manufactured with recycled rubber tires and improves the durability and longevity of the chip seals. TRMSS will also enhance the finished surface by providing a smoother, black finish that contrasts well with the new roadway striping.
Contract Change Order No. 1 (CCO 1) directs the Contractor to install approximately 277,857 square yards (SY) of TRMSS at all locations within the project proposed as chip seal, at a unit cost of $1.55 per SY. The total estimated cost for CCO 1 is $430,678.35. The contractor has indicated concern regarding material shortages. In an effort to avoid impacting the project schedule and pursuant to Department Policy 75-1, the City Engineer has authorized the Contractor to proceed with CCO 1 to procure the material and avoid delays to the project.
Contract Change Order 2
The project calls for pavement patch repairs, where areas of severely distressed pavement were identified, ground out, and repaved with hot mix asphalt. During the in-field layouts, staff realized that in the time between the project design and construction, most of the distressed pavement areas originally located had expanded beyond the original limits. Furthermore, many new areas were identified with moderate to severely stressed pavement. Last winter’s storms were likely to have caused this increase in deterioration.
Contract Change Order No. 2 (CCO 2) directs the Contractor to remove and replace additional asphalt concrete at the various project locations as identified by staff at the bid unit prices. The total amount not to exceed for additional patch repair areas for CCO 2 is $250,000. Pursuant to Department Policy 75-1, the City Engineer authorized the Contractor to proceed with CCO 2 while the paving crew and equipment were mobilized at the project locations.
Department Policy 75-1, Item 3, states City Council approval and authorization is required for Contract Change Orders of more than $100,000. Staff is seeking the City Council’s approval of Contract Change Order No. 1 and Contract Change Order No. 2 for a total estimated cost of $680,678.35, which is within the project’s current 10% contingency ($813,800.69).
Table 1: Change Order Summary
CCO No. Amount Cumulative Amount
Percentage of
Current Contingency
Used ($813,800.69)
CCO 1 $ 430,678.35 $ 430,678.35 53%
Page | 3
CCO 2 $ 250,000.00 $ 680,678.35 84%
Increasing the construction contingencies by an additional $881,868.50 will allow staff to move the project to completion more effectively and efficiently.
CEQA CONSIDERATION:
Categorically Exempt: The City of Salinas has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301(c), Class 1), because the project proposes to improve the existing roadway intersection, crosswalks, signage, and pavement striping.
Furthermore, the project does not qualify for any of the categorical exemptions found at CEQA Guidelines Sections 15300.2, because the section is not applicable to this project.
STRATEGIC PLAN INITIATIVE:
This item relates to the Council’s Strategic Goal of Infrastructure and Environmental Sustainability by improving the condition of local streets and city facilities.
DEPARTMENTAL COORDINATION:
Public Works staff has worked closely with the Finance Department in identifying and tracking the funding of this project.
FISCAL AND SUSTAINABILITY IMPACT:
Contract Change Order No. 1 and Contract Change Order No. 2 are within the project’s current 10% contingency.
Increasing the construction contingencies by 10% of the new contract amount, or an additional $881,868.50, will be funded by CIP 9981. The adopted FY 23-24 budget for CIP 9981 includes $2,800,000 in Road Maintenance and Rehabilitation Program (SB1) funds which are available and appropriated in 5800.50.9981.
ATTACHMENTS:
Resolution for CCO 1
Resolution for CCO 2
Resolution for Increasing Construction Contingencies
Exhibit A: Project Location Map
1 RESOLUTION NO. (N.C.S.)
A RESOLUTION APPROVING CONTRACT CHANGE ORDER NO. 1 IN THE AMOUNT OF $430,678.35 TO GRANITE CONSTRUCTION COMPANY FOR THE 2022-2023 PAVEMENT MAINTENANCE PROJECT, CIP 9981, 9120, 9080 WHEREAS, on May 16, 2023, the Salinas City Council awarded the 2022-2023 Pavement Maintenance Project, CIP 9981, 9120, 9080 to Granite Construction Company (Resolution No. 22661) in the amount of $8,138,006.96; and
WHEREAS, construction commenced on July 31, 2023; and
WHEREAS, the 2022-2023 Pavement Maintenance Project, in general, calls for pavement reconstruction, curb ramps, curbs, gutters, pavement patch repairs, crack treatment, chip seal, slurry seal, installation of new signs and striping; and WHEREAS, Public Works Department Policy 75-1 states that City Council approval and authorization is required for Contract Change Orders of more than $100,000.00; and WHEREAS, staff requests the City Council’s approval of Contract Change Order No. 1, which directs the Contractor to install approximately 277,857 square yards (SY) of Tire Rubber Modified Surface Sealer at locations that will be chip sealed for a total estimated cost of $430,678.35; and
WHEREAS, the City of Salinas has determined that the project is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 1530l(c), Class 1) because the project proposes to maintain existing roadways, crosswalks, signage, and pavement striping, and the project does not qualify for any of the exemptions to the categorical exemptions found at CEQA Guidelines Sections 15300.2; and
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council approves Contract Change Order No. 1 in the amount of $430,678.35 to Granite Construction Company for the 2022-2023 Pavement Maintenance Project, CIP No. 9981, 9120, 9080 and authorizes the City Manager to execute all necessary documents related to Change Order No. 1.
PASSED AND APPROVED this 24th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
2 APPROVED:
________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
1 RESOLUTION NO. (N.C.S.)
A RESOLUTION APPROVING CONTRACT CHANGE ORDER NO. 2 FOR AN AMOUNT NOT TO EXCEED $250,000.00 TO GRANITE CONSTRUCTION COMPANY FOR THE 2022-2023 PAVEMENT MAINTENANCE PROJECT, CIP 9981, 9120, 9080 WHEREAS, on May 16, 2023 the Salinas City Council awarded the 2022-2023 Pavement Maintenance Project, CIP 9981, 9120, 9080 to Granite Construction Company (Resolution No. 22661) in the amount of $8,138,006.96; and
WHEREAS, construction commenced on July 31, 2023; and
WHEREAS, the 2022-2023 Pavement Maintenance Project, in general, calls for pavement reconstruction, curb ramps, curbs, gutters, pavement patch repairs, crack treatment, chip seal, slurry seal, installation of new signs and striping; and WHEREAS, Public Works Department Policy 75-1 states that City Council approval and authorization is required for Contract Change Orders of more than $100,000.00; and WHEREAS, staff requests the City Council’s approval of Contract Change Order No. 2, which directs the Contractor to remove and replace additional asphalt concrete at the various project locations as identified by staff for a total estimated cost of $250,000.00; and WHEREAS, the City of Salinas has determined that the project is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 1530l(c), Class 1) because the project proposes to maintain existing roadways, crosswalks, signage, and pavement striping, and the project does not qualify for any of the exemptions to the categorical exemptions found at CEQA Guidelines Sections 15300.2; and
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council approves Contract Change Order No. 2 for an amount not to exceed of $250,000.00 to Granite Construction Company for the 2022-2023 Pavement Maintenance Project, CIP No. 9981, 9120, 9080 and authorizes the City Manager to execute all necessary documents related to Change Order No. 2.
PASSED AND APPROVED this 24th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
2 APPROVED:
________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
1 RESOLUTION NO. (N.C.S.)
A RESOLUTION AUTHORIZING AN ADDITIONAL $881,868.50 IN CONSTRUCTION CONTINGENCIES FOR THE 2022-2023 PAVEMENT MAINTENANCE PROJECT, CIP 9981, 9120, 9080
WHEREAS, on May 16, 2023 the Salinas City Council awarded the 2022-2023 Pavement Maintenance Project, CIP 9981, 9120, 9080 to Granite Construction Company (Resolution No. 22661) in the amount of $8,138,006.96; and
WHEREAS, construction commenced on July 31, 2023; and
WHEREAS, the 2022-2023 Pavement Maintenance Project, in general, calls for pavement reconstruction, curb ramps, curbs, gutters, pavement patch repairs, crack treatment, chip seal, slurry seal, installation of new signs and striping; and WHEREAS, Contract Change Order No. 1 and Contract Change Order No. 2 were approved by the Salinas City Council on October 24, 2023 for a total amount of $680,678.35; and WHEREAS, the Public Works Department recommends that the City Council authorize 10% of the new contract amount for construction contingencies ($881,868.50) to allow the project to move to completion more effectively and efficiently; and WHEREAS, the City of Salinas has determined that the project is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 1530l(c), Class 1) because the project proposes to maintain existing roadways, crosswalks, signage, and pavement striping, and the project does not qualify for any of the exemptions to the categorical exemptions found at CEQA Guidelines Sections 15300.2; and
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes an additional $881,868.50 for construction contingencies for the 2022-2023 Pavement Maintenance Project, CIP No. 9981, 9120, 9080.
PASSED AND APPROVED this 24th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
2 APPROVED:
________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
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EXHIBIT A
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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-620, Version: 1
Professional Services Agreement with Harris & Associates for the Gabilan Creek Restoration Design Approve a Resolution approving an addendum to the Master Services Agreement with Harris & Associates for the design work related to the Gabilan Creek Restoration Project in an amount not to exceed $90,640.50.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: OCTOBER 24, 2023
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
TITLE: PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY
OF SALINAS AND HARRIS & ASSOCIATES FOR THE GABILAN
CREEK RESTORATION DESIGN
RECOMMENDED MOTION:
A motion to approve a resolution to approve an addendum to the Master Services Agreement with Harris & Associates for the design work related to the Gabilan Creek Restoration Project in an amount not to exceed $90,640.50.
RECOMMENDATION:
It is recommended that City Council approve a resolution to approve an addendum to the Master Services Agreement with Harris & Associates for the design work related to the Gabilan Creek Restoration Project in an amount not to exceed $90,640.50.
EXECUTIVE SUMMARY:
On April 12, 2022, the City accepted an Encampment Resolution Grant (ERF) from the California Interagency Council on Homelessness (Cal ICH) Encampment Resolution Fund Program.
The CDD - Housing & Community Development Division staff has successfully engaged and collaborated with several agencies and community partners on a comprehensive service strategy, that has focused on encampments in and adjacent to the Natividad, Alisal and Gabilan Creeks Public Works is now starting the process to restore Gabilan Creek, which is included in the ERF grant. The City’s Gabilan Creek restoration is in the area between East Laurel Drive and the Creekbridge Apartments.
BACKGROUND:
On April 12, 2022, the City accepted an Encampment Resolution Grant (ERF) from the California Interagency Council on Homelessness (Cal ICH) Encampment Resolution Fund Program. ERF grants awarded through the Request for Application (RFA) will support Cal ICH mandates by funding local demonstration projects that incorporate Housing First approaches to provide services Page | 2
to address the immediate crisis of experiencing unsheltered homelessness in encampments, to support people living in encampments onto paths to safe and stable housing and result in sustainable restoration of public spaces to their intended uses while safeguarding the needs of unhoused people seeking shelter.
Grant funds received shall be appropriated to the City and its program partners as follows:
City of Salinas CDD SORT $1,791,381.00
Coalition of Homeless Services Providers $ 114,399.26 Catholic Charities of the Diocese of Monterey $ 238,102.46 City of Salinas Public Works $1,385,670.00
Monterey County Water Resources Agency $ 491,335.00
Return to the Natives – CSUMB $ 58,529.00
The CDD - Housing & Community Development Division staff has successfully engaged and collaborated with several agencies and community partners on a comprehensive service strategy, that has focused on encampments in and adjacent to the Natividad, Alisal and Gabilan Creeks Public Works is now starting the process to restore Gabilan Creek, which was included in the ERF grant. The City’s Gabilan Creek restoration is in the area between East Laurel Drive and the Creekbridge Apartments.
The City received a scope of work from Harris & Associates to assist with the Gabilan Creek restoration design and is currently working with the City to acquire Creek Alteration permits for the creeks within the City limits. These permits would allow the City to maintain its creeks, more specifically to remove the silt built up in the creeks.
Harris & Associates’ proposal includes the below six (6) tasks.
Task 1: Project Management/ Meetings
Task 2: Review of Existing Studies
Task 3: CEQA compliance documentation
Task 4: Regulatory Compliance
Task 5: Conceptual and Engineering design plans
Task 6: Preconstruction Surveys and Plan Implementation CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, Page | 3
this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
STRATEGIC PLAN INITIATIVE:
This action supports the Council’s initiative of “Infrastructure and Environmental Sustainability”.
DEPARTMENTAL COORDINATION:
The Cal ICH ERF Program will be administered by the City’s CDD – Housing Division. The design contract will be administered by Public Works. CDD will coordinate with the City’s Finance and Legal Departments to ensure regulatory compliance and the efficient, full disbursement of funds.
FISCAL AND SUSTAINABILITY IMPACT:
Funding for this project is available and appropriated in 2954.50.3240.
ATTACHMENTS:
Resolution
Scope of services
1 MEMORANDUM
To: Brian Frus, P.E., Senior Engineer, City of Salinas
From: Kate Elliott and The Harris Team
RE: Scope of Work for the Gabilan Creek Restoration Design Date: July 26, 2023
The Harris Team (Harris & Associates, EcoSystems West Consulting Group, Albion Environmental, and Waterways Consulting, Inc.) is pleased to provide this scope of work to assist the City of Salinas (City) with the Gabilan Creek Restoration Design, as part of the Encampment Resolution Grant. The design would include restoration of approximately 3,100 feet between the Creekbridge Village Apartments at Manchester Circle to East Laurel Drive.
The scope of work for the design would include the following elements:
Review of existing studies and surveys/technical studies, where needed, on the hydraulics, jurisdictional delineation, and structural integrity of the creek and levee system, presence of sediment and debris, vegetation characterization, biotic surveys, and presence of invasive plant species. Update to aquatic resources assessment including characterization of ordinary high water mark and extent of riparian vegetation/habitat, and updates to surveys for amphibians, birds, and other sensitive plant and wildlife species, as determined to be necessary during literature review and surveys.
Based on this assessment of existing conditions, our team will prepare a preliminary design which will address, as needed:
□ slope repair and levee repair;
□ silt and debris removal;
□ tree and plant trimming and removal (to deter encampments and remove invasive plants); and □ planting of native plants and trees and drought resistant plants to stabilize slopes and compatible with encampment deterrent goals.
Meeting with Project Stakeholders, including the City of Salinas, Habitat Stewardship Project (Return of the Natives), and others (see footnote 1 below) to leverage existing expertise and resources. Based on a review of the preliminary design and specifications, preparation of the final design, which will include conceptual design plans and planting palette. Project permitting with regulatory agencies (e.g. US Army Corps of Engineers, Regional Water Quality Control Board, and California Department of Fish and Wildlife).
These tasks are discussed in further detail below.
Scope of Work for the Gabilan Creek Restoration Design
2 Task 1. Project Management/Meetings
Task 1.1 – Project Management and Coordination
The Harris Team will work closely with the City to discuss how to meet the City’s needs for the restoration of Gabilan Creek. Our primary goal will be to effectively track Project meetings, tasks, timelines, and schedule to ensure cost effectiveness and efficiency at accomplishing Project goals. Our team will continue to work closely with the City throughout the design process to refine design plans.
Task 1.2 – Meetings with City Staff and Stakeholders
The Harris Team will meet with City Staff to define design goals for Gabilan Creek. Our team will incorporate the City’s existing and future maintenance activities into the project’s design to ensure on-going success of the effort. Current actions may include, but are not limited to, flood management/sediment control, bank stabilization, erosion control, outfall structure maintenance and repair, flood gate maintenance and repair (coordinate with NPDES program), culvert maintenance, repair and replacement, encampment prevention and management, and vegetation management.
Our team will coordinate with relevant organizations and programs, such as the Habitat Stewardship Project (Return of the Natives) to identify opportunities for partnerships and available resources for design planning.
After completion of the technical studies identified below, the Harris Team will meet with the City to determine next steps for the proposed design. Conceptual designs will be prepared under the leadership of the Harris Project Management.
Deliverables
Coordination between Harris Team Members and the City of Salinas (3 Meetings) Coordination between Harris Team Members and Stakeholders, including the Habitat Stewardship Project (Return of the Natives) (up to 3 Meetings)
Task 2. Review of Existing Studies, Surveys/Technical Studies Surveys and technical studies will be conducted, as needed for hydrologic, hydraulic, flood capacity analysis, and an assessment of the structural integrity of the levees, as well as of aquatic resources, biological resources, and cultural resources, to provide the scientific basis for the design, and to allow the Harris Team to provide a quantitative impact assessment to the regulatory agencies during permitting. The technical studies also enable us to work with the City to minimize impacts through careful project design.
Task 2.1 – Hydrologic, Hydraulic, and Flood Capacity Analysis, Assessment of Structural Integrity of the Levee
EcoSystems West and Waterways will work with the City to review existing analyses of Gabilan Creek and its levee, to determine if updates or additional study would be required. Waterways has extensive experience designing and engineering projects in surface water environments that have a proven track record of agency approval.
Relevant studies reviewed to date include:
3 On-going Gabilan Flood Plain Enhancement Project
2022 and 2009 FEMA Flood Maps
2021 Stormwater Development Standards for New and Redevelopment Projects 2019 Storm Water Resource Plan for the Greater Salinas Area (updated 2021) 2019 MS4 Permit for Municipal Storm Water Discharges
2017 FEMA Flood Insurance Study
2017 Storm Water Resource Plan for the Greater Salinas Area 2013 Stormwater Development Standards for New and Redevelopment Projects 2012 WDR Permit for Municipal Storm Water Discharges
2010 Stormwater Development Standards
2006 Stormwater Management Plan
2004 Storm Water Master Plan, as updated
The Harris Team, including Waterways, will meet the City’s Public Works personnel in the field to evaluate the Gabilan Creek, gain an overview of the sediment and debris load currently affecting the creek’s flood capacity, identify locations for sediment, debris, and vegetation removal within the creek (e.g., the reaches where sediment and problematic vegetation and woody debris have accumulated to date). Waterways will assess the embankments of the creek to determine where levee repair is required.
Based on document and data review and on the field visit(s), Waterways will identify proposed actions to minimize future sediment accumulation and to stabilize the levees in Gablian Creek. The study will include identifying and mapping/modeling the Ordinary High Water Mark (OHWM) in Gabilan Creek.
Deliverables
Coordination between Harris Team Members and the City of Salinas (12 meetings; 1 meeting/month)
Hydrologic, Hydraulic, and Flood Capacity Analysis/Assessment of Structural Integrity of the Levee Task 2.2 – Jurisdictional Delineation of Aquatic Resources Waters and wetlands (aquatic resources) of the U.S. are protected under the federal Clean Water Act (CWA).
An aquatic resources delineation determines the extent of wetlands and waters of the U.S. within the City’s defined Gabilan Creek Restoration area for submittal to the US Army Corps of Engineers (USACE) during permitting. To date, EcoSystems West has conducted reconnaissance surveys of Gablian Creek.
EcoSystems West will map Gabilan Creek and adjacent habitats using ArcGis and resource-grade GPS.
Waterways and EcoSystems West will identify the Ordinary High Water Mark (OHWM) of the creek and wetland boundaries, if present, to determine the jurisdiction of the USACE. EcoSystems West will delineate the break in bank and/or boundary of the riparian habitat to determine the jurisdiction of the Regional Board and CDFW. These boundaries will be depicted in ArcGIS shapefiles, geodatabase, and maps.
EcoSystems West will prepare a draft aquatic resources delineation report for Gabilan Creek. This formal jurisdictional aquatic resources delineation of wetlands and “other waters” of the U.S. would be prepared using protocols outlined in the USACE Wetlands Delineation Manual (Environmental Laboratory 1987) and the Regional Supplements to the Corps of Engineers Wetland Delineation Manual: Arid West Region, Version 2.0 (Environmental Laboratory 2008). The USACE defines three criteria to delineate wetlands: (1) hydrophytic vegetation, (2) wetland hydrology, and (3) hydric soils. The OHWM is defined as “that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line 4 impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.” A draft of the delineation report would be submitted to the City for review, comment, and approval prior to submittal to the USACE.
Deliverables
Coordination between Harris Team Members and the City of Salinas (12 meetings; 1 meeting/month)
Aquatic Resources Assessment of portions of Natividad Creek (this report will be prepared as an element of the report prepared for the Salinas Creeks and Wetlands Restoration Program) or if determined to be necessary:
Stand Alone Aquatic Resources Assessment of portions of Natividad Creek (Optional Task) Task 2.3 – Biological Assessment
EcoSystems West will conduct a biotic assessment to characterize the biological resources within this reach of Gabilan Creek. To date, the Harris Team reviewed sensitive biological resource data from USFWS, CDFW, California Natural Diversity Database (CNDDB); and other recognized lists of sensitive resources. Additionally, the team has communicated with other local experts about occurrences of sensitive wildlife species that have not been recorded in official databases. Based on this research and these sources, we developed target lists of sensitive plant and wildlife species with potential to occur Gabilan Creek. During the field reconnaissance surveys, we evaluated Gabilan Creek to determine which sensitive resources could occur. A follow-up survey of Gabilan Creek will be conducted. Using ArcGIS, we will map all sensitive habitats adjacent to aquatic features.
Biological resources will be presented in maps.
A biotic assessment letter report will be prepared for Gabilan Creek. The report will include a discussion of existing habitat conditions, documented occurrence of sensitive species in and near the proposed restoration area, potential impacts, and minimization measures to reduce or avoid adverse impacts. A draft of the report will be submitted to the City for review, comment, and approval prior to finalization.
Deliverables
Coordination between Harris Team Members and the City of Salinas (12 Meetings; 1 meeting/month)
Biotic Assessment of portions of Gabilan Creek (this report will be an element of the report prepared for the Salinas Creeks and Wetlands Restoration Program) or if determined to be necessary:
Stand Alone Biotic Assessment of portions of Gabilan Creek (Optional Task) Task 2.4 – Cultural and Historical Resources Report
Work within the channel (below the OHWM) of Gabilan Creek falls under the jurisdiction of the USACE and must also must comply with Section 106 of the National Historic Preservation Act (NHPA) through consultation with the State Historic Preservation Officer (SHPO) and Native American tribes.
The Harris Team will identify and map the area(s) of potential effects (APE), on which direct ground disturbance may occur. The APE boundaries defining the limits of additional background research, an updated records search, tribal outreach, and field survey will be established. Albion Environmental will then assess 5 whether any cultural and historic built resources are located directly in or adjacent to the areas of proposed ground disturbance.
Albion’s background research will include conducting a cultural and historic resources records search at the Northwest Information Center (NWIC), requesting information related to Native American resources from the Native American Heritage Commission, and any Native American contacts that are identified by the Commission, reviewing historical maps and documents, and conducting a desktop geoarchaeological review of local soil conditions for evidence of potential buried cultural resources. When possible, the results of these efforts will be used to help guide ground disturbing activities that may impact known cultural resources or refine proposed work in areas that have been identified as sensitive for supporting cultural resources.
A pedestrian field survey will be conducted to identify previously undocumented archaeological and historic built resources visible on the ground surface. The archaeologist will carefully inspect the ground surface to identify artifacts, features, and infrastructure, and assess the local geomorphic context. If resources are identified, the survey team would document them for future study.
A technical report will be prepared describing the results of the records search, historic background research, Native American outreach, and fieldwork, including complete cultural resources inventory forms for all identified resources. It will also provide a determination of potential effects on historic properties and technical recommendations for avoidance, minimization, or additional studies. The technical report will include revised maps of the sensitive areas of the APE, resource locations (as needed), and prominent landscape features.
Deliverables
Coordination between Harris Team Members and the City of Salinas (4 Meetings) Cultural Resources Report (Phase I) for established APE along portions of Natividad Creek (this report will be an element of the report prepared for the Salinas Creeks and Wetlands Restoration Program) or if determined to be necessary:
Stand Alone Cultural Resources Report (Phase I) for established APE along portions of Natividad Creek (Optional Task)
As determined to be necessary, depending on Phase I Results and consultation with the US Army Corps of Engineers (USACE) - Extended Phase I/Phase II Reports for established APE along Natividad Creek (This task would be scoped and cost under an amendment) Task 3. CEQA Compliance/Documentation
In compliance with the requirements of the California Environmental Quality Act (CEQA), Harris will prepare the appropriate CEQA documentation for the Project. We anticipate that the use of a Categorical Exemption - Small Habitat Restoration Projects (CEQA Guidelines 15333) from CEQA will be applicable, if the project impact area is less than 5 acres or Categorical Exemption – Existing Facilities (CEQA Guidelines 15333) if the project impact area is greater than 5 acres.
Deliverables
Coordination between Harris Team Members and the City of Salinas (4 Meetings) Draft and Final Categorical Exemption (this documentation will be an element of the document prepared for the Salinas Creeks and Wetlands Restoration Program) or if determined to be necessary:
Stand Alone Draft and Final Categorical Exemption (Optional Task) 6 Task 4. Preliminary and Final Design Plans
The Harris Team will continue to work with the City to develop Natividad Creek Restoration Conceptual Design Plans. Conceptual Design Plans will be based on the results of the technical studies, beginning with the structural integrity of the levee and any necessary repairs to the levee or structural stabilization of the slopes of the creek. Sediment and debris removal will be addressed, including anticipated on-going maintenance actions.
A Conceptual Design Plan that identifies trees which are recommended for removal or trimming will be included as well as a planting palette for native shrubs, plants, and seed mix suitable to the area and compatible with restoration goals of deterring encampments and having low maintenance requirements. The planting palette developed as part of the 2023 Salinas Urban Forest Management Plan will be used to select suitable trees for the project. This type of plan would typically include native trees that provide shade and stabilize the embankments but are limbed up to allow a clear line of site under the trees. In addition, low growing native forbs and wildflowers can be planted as an understory to the tree canopy. Conceptual Design Plans would include the planting palette, plant spacing, recommendations for planting, irrigation, weeding, and other maintenance, as needed. The Harris Team will work with the City and stakeholders, as applicable, to develop preliminary and final plans.
Deliverables:
Coordination between Harris Team Members and the City of Salinas (4 Meetings) Coordination between Harris Team Members and the Habitat Stewardship Project (Return of the Natives) (2 Meetings)
Conceptual Design Plan (this plan will be an element of the CMP prepared for the Salinas Creeks and Wetlands Restoration Program) or if determined to be necessary:
Stand Alone Draft Conceptual Design Plan (Optional Task) Task 4. Regulatory Compliance/Permitting
We anticipate that the regulatory compliance/permitting task includes preparing permit application packages for USACE, the Regional Board, and CDFW for work with the respective jurisdictions of these agencies.
EcoSystems will utilize hydrologic, hydraulic, and flood capacity studies to identify impacts associated with sediment and debris removal in this reach of Gabilan Creek, as well as repairs to the levee and slope stabilization. A component of these activities can likely be permitted with USACE under Nationwide Permit 27 – Aquatic Habitat Restoration and Nationwide Permit 13 – Bank Stabilization. A Section 401 Water Quality Certification will be required from the Regional Board and a Lake and Streambed Alteration Agreement from CDFW. We anticipate that the project will be self-mitigating through habitat restoration and enhancement.
Deliverables:
Prepare Draft and Final Permit Applications for:
o USACE
o Regional Board
o California Department of Fish and Wildlife
(Permit applications for Gabilan Creek Restoration will be a component of the permit applications prepared for the Salinas Creeks and Wetlands Restoration Program) or if determined to be necessary:
7 Prepare Draft and Final Stand Alone Permit Applications (Optional Task) Task 5. Preconstruction Surveys for Plan Implementation EcoSystems West will provide preconstruction surveys for plan implementation, as needed. Preconstruction surveys for sensitive amphibians and reptiles, breeding birds, bats and woodrats may be required. This task will be performed under an amended scope once preconstruction survey needs have been determined.
Deliverables:
Environmental Training (prepare materials and provide training to all personnel) Preconstruction Surveys for sensitive resources
Biological Monitoring, as determined to be necessary based on presence of sensitive resources and condition in permits.
- 1 -
RESOLUTION NO. _____________ (N.C.S.)
A RESOLUTION APPROVING A PROPOSAL FROM HARRIS AND ASSOCIATES
FOR CONSULTING SERVICES TO PROVIDE DESIGN OF THE GABILAN CREEK RESTORATION PROJECT N THE AMOUNT NOT TO EXCEED $90,640.50 WHEREAS, On April 12, 2002 the City accepted an Encampment Resolution from the California Interagency Council on Homelessness Encampment Resolution Fund Program; and WHEREAS, a portion of the grant was for the restoration of Gabilan Creek between East Laurel Drive and the Creekbridge Apartments; and
WHEREAS, on January 10, 2023, the City Council pursuant to Resolution No. 22562 (N.C.S.) approved the Civil Engineering on-call consultant list and Master Service Agreement to support the City’s Public Works Department to engineer various City of Salinas Capital Improvement Projects; and
WHEREAS, Harris and Associates is on the Council approved list of on-call consultants and has a Master Service Agreement with the City of Salinas; and WHEREAS, City staff has worked with Harris and Associates to develop a scope of work for design of the Gabilan Creek Restoration Project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves an addendum to the Master Services Agreement with Harris and Associates for the design work related to the Gabilan Creek Restoration Project in an amount not to exceed $90,640.50; and BE IT FURTHER RESOLVED, that the City Council authorizes the City Manager, or his designee, to take such other actions and execute such other documents as are appropriate to effectuate the intent of this Resolution.
PASSED AND APPROED this 24th day of October 2023 by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
___________________________
Kimbley Craig, Mayor
- 2 -
ATTEST:
_____________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-622, Version: 1
Purchase and Sales Agreement for 443 West Market Street (El Rey Motel) Approve a Resolution authorizing the Mayor to execute a Purchase and Sales Agreement (PSA) in the amount of $3,640,000 for the purchase of a 26 room motel located at 443 West Market St in the City of Salinas utilizing the American Rescue Plan Act (ARPA) funding for the purchase.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: OCTOBER 24, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: ROD POWELL, ASSISTANT DIRECTOR
TITLE: PURCHASE AND SALES AGREEMENT FOR 443 WEST MARKET
ST (EL REY MOTEL)
RECOMMENDED MOTION:
A motion to approve a Resolution authorizing the Mayor to execute a Purchase and Sales Agreement (PSA) in the amount of three million six hundred and forty thousand dollars ($3,640,000) for the purchase of a 25-room motel with a two-bedroom manager apartment located at 443 West Market Street (Property) in the City of Salinas utilizing the American Rescue Plan Act (ARPA) funding for the purchase.
EXECUTIVE SUMMARY:
In recognition of the critical need for more affordable housing in Salinas, the City Council appropriated $7 million from the American Rescue Plan Act (ARPA) to the Affordable Housing Production Fund. Since then, staff have been working diligently to identify projects that would advance the City’s affordable housing goals. On August 23, 2023, during closed session, staff presented the opportunity to City Council to acquire 443 West Market Street, 25 studio/Jr. onebedroom units and one two-bedroom unit. After receiving Council direction, City staff reached out to the owners with a purchase price of three million six hundred and forty thousand dollars ($3,640,000), contingent on the appraised value. Escrow would close January 24, 2024, with the seller having an option to extend up to three 45-day extensions to assist with his 1031 exchange.
The Community Development Department Economic Development Division will initially manage the Property and with the support of the Housing Division will develop an appropriate short-term rehabilitation and rental plan targeting extremely low, very low-, or low-income households.
BACKGROUND:
The City’s 2015-2023 Housing Element identified that a significant portion of Salinas’ households are considered “cost burdened”. Households are considered cost burdened when they spend more than thirty percent (30%) of their income on rent, mortgage, and other housing needs. Among those who rent in the City, almost fifty-three percent (53%) of households pay more than thirty percent Page | 2
(30%) of their income towards housing costs. In response to the City’s current housing market, Council has made providing affordable housing a top strategic priority.
On November 16, 2021, Council approved Resolution 22250 appropriating $7 million ($7,000,000) from the American Rescue Plan Act (ARPA) to the Affordable Housing Production Fund authorizing the funds to be used for predevelopment, acquisition, construction, plans, and studies. Staff have been actively soliciting proposals for the use of these funds from developers and has also explored opportunities for the City to acquire both developed and undeveloped properties for housing. In reviewing properties for acquisition, staff discovered 443 West Market Street (Assessor’s Parcel Number [APN] 002-061-008-000), which is unique in that it is a motel.
Purchasing the El Rey motel promises to be a transformative investment for the city, offering a multitude of benefits that will positively impact the community. Its acquisition can serve as a cornerstone in addressing the pressing housing crisis, presenting opportunities for diverse purposes such as the potential of a city-owned emergency shelter, permanent low-income residential housing, and temporary housing solutions. This versatility in usage would be invaluable in meeting the city's ever-evolving housing needs and provide a lifeline for vulnerable populations.
Furthermore, the motel's strategic location opens doors for collaborative efforts with the County, reinforcing joint assistance initiatives and strengthening the City's commitment to social welfare.
Lastly, the Property's prime positioning makes it an attractive prospect for future development, allowing Salinas to evolve in tandem with its growing population and changing urban landscape.
In sum, acquiring this motel is a wise and forward-thinking move that holds the promise of a brighter future for the City of Salinas and its residents.
DISCUSSION:
443 West Market Street (Property) is currently owned by two Trusts, the Property was not listed for sale. Staff reached out to the owners who were willing to sell the Property at an asking price of three million nine hundred and fifty thousand dollars ($3,950,000). It is a single level motel with approximately 7,981 square feet of gross building area on a 43,717 square foot lot built in 1936. The Property is comprised of 25 studio/Jr. one-bedroom units and one two-bedroom unit.
All but two of the units have kitchen amenities. These two units would require kitchens to be built, but otherwise, little reconfiguration of the Property would need to occur to be able to lease up the units to long-term residential tenants. The Property has been well maintained with a newer roof but does require rehab due to its age. Staff is currently coordination a facility assessment to determine the cost of rehab.
Staff negotiated a purchase price of three million six hundred and forty thousand dollars ($3,640,000). This purchase price is contingent on an appraisal of the Property’s fair market value which has been met. Escrow will close by January 24, 2024; however, the seller has the option to extend close of escrow for an additional three (3) 45-day extensions to comply with his request of completing a 1031 exchange. City staff is familiar with the Property and has reviewed the Preliminary Title Report and will coordinate is currently coordinating a Property Condition Assessment. Based on the information from the reports received, staff believes the Property to be in good condition with normal wear and tear that is expected for the age of the motel facility.
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CEQA CONSIDERATION:
The City of Salinas has determined that the proposed action, acquisition of an existing, is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
STRATEGIC PLAN INITIATIVE:
The proposed acquisition supports the City of Salinas Strategic Plan 2023-2025 goal of Housing/Affordable Housing. This acquisition represents an increase in local affordable housing stock and will provide a stable, long-term housing opportunities.
DEPARTMENTAL COORDINATION:
CDD’s Economic Development Division continues to coordinate with both the Community Development Housing and Permit Services Divisions to identify and vet viable properties.
Additional consultation regarding the preparation of the draft PSA has also occurred with the City Attorney.
FISCAL AND SUSTAINABILITY IMPACT:
The purchase price for the property is three million six hundred forty thousand dollars ($3,640,000) and associated estimated escrow cost is four thousand sixteen dollars ($4,016), both of which are available and appropriated in 3911.30.9021.
Additional on-going operating costs for property maintenance, remediation and repair, and approximate property taxes in the amount of thirty-six thousand four hundred dollars ($36,400) per year is subject to annual budget appropriation..
ATTACHMENTS:
1. Resolution
2. PSA – 443 West Market Street – Draft, including a Legal Description, Grant Deed, and Certificate of Acceptance
3. Aerial Photograph – 443 West Market Street
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RESOLUTION NO. (N.C.S.)
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF 443 WEST MARKET STREET WHEREAS, in recognition of the critical need for more affordable housing in Salinas, the City Council approved Resolution 22250 appropriating $7 million from the American Rescue Plan Act (“ARPA”) to the Affordable Housing Production Fund to be used for predevelopment, acquisition, construction, plans, and studies; and
WHEREAS, staff have been working diligently to develop ARPA projects that would advance the City’s affordable housing goals and identified the potential acquisition of 443 West Market Street (Assessor’s Parcel Number [APN] 002-061-008-000 (“the Property”); and WHEREAS, the Property is a single level motel with approximately 7,981 square feet of gross building area on a 43,717 square foot lot built in 1936 comprised of 25 studio/Jr. onebedroom units and one two-bedroom manager apartment unit; and WHEREAS, on August 22, 2023, during closed session staff received Council direction on the terms of acquisition of the Property and subsequently reached out to the owners with a purchase price of three million six hundred and forty thousand dollars ($3,640,000), contingent on the appraised value; and
WHEREAS, the negotiated price is three hundred and ten thousand dollars ($310,000) under the original asking price; and
WHEREAS, escrow would close by January 24, 2024, with the seller having an option to extend up to three (3) 45-day extensions to assist with his 1031exchange; and WHEREAS, the purchase of the Property will support the City of Salinas Strategic Plan 2022-2025 goal of Housing/Affordable Housing by providing much needed affordable housing to low-income residents.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby authorizes the Mayor to enter into a Purchase and Sale Agreement for the acquisition of 443 West Market Street and authorizes the expenditure of ARPA funds for this purchase.
PASSED AND APPROVED this 24th day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
1 PURCHASE AND SALES AGREEMENT
(443 W. Market St)
This Purchase and Sales Agreement (“Agreement”) is dated as of October 24, 2023 (“Effective Date”) and is being entered into by and the City of Salinas, a California charter city and municipal corporation hereinafter referred to as “Buyer”, and Dhanjibhai d. Patel and Gangaben d. Patel, as Trustees of the D and G Patel Family Trust, as to an undivided 40% interest; and Arpesh D. Patel and Hetal S. Patel, as Trustees of the Arpesh and Hetal Patel family trust, as to an undivided 60% Interest, hereinafter referred to as “Seller”, for the acquisition by Buyer of certain real property described below.
RECITALS
A. The Seller is the owner in fee of that certain real property consisting of approximately
1.0466 Acre land generally located at 443 West Market Street (Assessor’s Parcel Number [APN] 002-061-008-000) in the City of Salinas, County of Monterey, State of California (“Property”) as more particularly described in the attached “Exhibit A”.
B. The Property was built in 1936 and is best described as a 25-room limited-service motel with one two-bedroom manager apartment on an approximately 7,981 square feet gross building area.
C. The Buyer is aware of no assessor records or building permits documenting Units 14, 23, and 26 as residential units.
NOW, THEREFORE, Buyer and Seller agree as follows;
1. Agreement to Sell and to Purchase. Buyer agrees to buy the Property from Seller and Seller agrees to sell the Property to City upon the terms and for the consideration set forth in this Agreement.
2. Purchase Price. The purchase price of the Property is three million six hundred and forty thousand dollars ($3,640,000.00) to be paid in cash to the Seller by the Buyer at the Close of Escrow.
3. Opening Escrow. To accomplish the purchase and the transfer of the Property from the Seller to the Buyer, the Seller and Buyer shall establish an escrow within fourteen (14) days after execution of the Agreement with the Salinas, California escrow office of First American Title Company, or such other title company mutually selected by City and Seller (the “Escrow Holder”). The Buyer shall deposit the Purchase Price into escrow within fourteen (14) days after execution of the Agreement, said money shall be refundable until such time as buyer has waived all remaining contingencies. A $500,000 deposit will be forfeited by the buyer if buyer does not follow through with the property purchase, and the seller will keep this amount. If the seller does not 2 follow through with the transaction, they will reimburse the City of Salinas a total amount of fifteen thousand dollars ($15,000) within seven (7) days after seller notification. The Buyer and Seller shall execute and deliver written instructions to the Escrow Holder to accomplish the terms hereof, which instructions shall be consistent with this Agreement.
4. Close of Escrow. The Close of Escrow shall occur by January 24, 2024; however, the seller has the option to extend close of escrow for an additional three (3) 45-day extensions to comply with his request of completing a 1031 exchange. After all of the following conditions shall be established, prior to or concurrently with, and as conditions of, the Close of Escrow:
4.1. The Seller shall have executed and delivered to the Buyer or the Escrow Holder all documents and instruments required to be executed and delivered, all in form and substance satisfactory to both Buyer and the Escrow Holder, and Buyer shall have submitted full payment of the Property Purchase Price.
4.2. There shall exist no condition, event or act which would constitute a breach or default under this Agreement which upon the giving of notice or the passage of time, or both, would constitute such a breach or default.
4.3. All representations and warranties of the parties contained herein shall be true and correct as of the Close of Escrow.
4.4. The Sale is contingent upon the Buyer’s reasonable approval of any Exceptions contained in the Preliminary Title Report for the Property. Such Preliminary Title Report to be supplied to Buyer within 5 days of the opening of escrow as provided herein. Buyer acknowledges full familiarity with the Property and is not relying upon any representation or warranty by Seller as to any physical condition, legal compliance or operational performance relative to the Property.
4.5. Ad valorem taxes, if any, shall be prorated as of the date of conveyance of the Property from the Seller to the Buyer. Seller and the Buyer shall each pay half of the cost of title insurance, transfer tax, Escrow Holder document preparation, recordation fees, premiums of owners and lenders title insurance and the escrow fees of the Escrow Holder, if any, and any additional costs to close the escrow. The costs borne by Buyer are in addition to the Purchase Price for the Property.
The Seller has the option to extend the escrow period by up to three additional 45-day intervals.
5. Conveyance of Title and Possession. Seller agrees to convey by Grant Deed (in substantially the form shown on the attached (Exhibit B) to Buyer all of Seller’s title and interest in and to the Property. Notwithstanding anything to the contrary set forth herein, the Seller makes no representation or warranty regarding title to the Property or the removal of any 3 Exceptions from title to the Property. Further, Seller has no obligation to provide title to the Property clear of encumbrances and shall not incur any liability for title defects unless Seller expressly agrees to remove one or more encumbrances pursuant to this Section; however, Buyer shall not be obligated to accept title to the Property unless it is conveyed free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, taxes and other title or survey matters (“Exceptions”) except such matters which are acceptable to the Buyer, in Buyer’s reasonable discretion, following Buyer’s review of a title report to be provided by the Seller or Escrow Company.
6. Title Insurance Policy. Escrow Holder shall, following recording of the Deed, provide Buyer with a standard owner’s CLTA (or extended coverage ALTA, at the request of Buyer) policy of title insurance in the amount of the Purchase Price, issued by the Title Company, together with any endorsements and additional coverage reasonably requested by Buyer, showing fee simple title to the Property vested in Buyer, subject only to the Exceptions set forth in Section 5 approved by Buyer and the printed exceptions and stipulations in the policy. Title charges shall be evenly split by the by the Buyer and Seller.
7. Condition of Property.
7.1. Seller agrees to maintain the Property in its current condition, subject to ordinary wear and tear from the time this Agreement comes into effect until the Closing. Seller shall be allowed to use said facility for their own business practices.
7.2 All the following items shall be included in the Purchase Price: Washer, dryer, stove, refrigerator, microwave, dishwasher, all existing fixtures and fittings that are attached to the Property; existing electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar power systems, built-in appliances and appliances for which special openings are encasements have been made, window and door screens, awnings, shutters, window coverings (which includes blinds, curtains, drapery, shutters or any other materials that cover any portion of the window) and any associated hardware and rods, attached floor coverings, television antennas, satellite dishes, air coolers/conditioners, garage door openers/remote controls, mailbox, in-ground landscaping, water features and fountains, water softeners, water purifiers, light bulbs (including smart bulbs) and stove, oven, refrigerator, microwave, home control devices. Seller shall remove any personal items which Seller chooses to keep before the close of escrow.
Seller represents that all items included in the purchase price, are owned by the Seller and shall be transferred free and clear of liens and encumbrances and are transferred without Seller warranty regardless of value.
7.3 Buyer specifically acknowledges and agrees that the Seller is selling and the Buyer is buying the Property not relying on any representations or warranties of any kind whatsoever, express or implied, from the Seller as to any matters concerning the Property, including without 4 limitation (1) the quality, nature, adequacy, and physical condition of the Property (including, without limitation, topography, climate, air, water rights, water, gas electricity, utility services, grading, drainage, sewers, access to public roads and related conditions); (2) the quality, nature, adequacy, and physical condition of soils, geology, and groundwater; (3) the existence, quality, nature, adequacy, and physical condition of utilities serving the Property; (4) the development potential of the Property, and its use, habitability, merchantability, or fitness, suitability, value or adequacy of the property for any particular purpose; (5) the zoning or other legal status of the Property or any other public or private restrictions on the use of the Property; (6) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions, and restrictions of any governmental or quasi-governmental entity or of any other person or entity; (7) the presence or absence of hazardous materials on, under or about the Property or the adjoining and neighboring properties; and (8) the condition of title to the Property.
The Buyer affirms that it has not relied on the skill or the judgment of the Seller or any of its respective agents, employees or contractors to select or furnish the Property for any particular purpose, and that the Seller makes no warranty that the Property is fit for any particular purpose. The Buyer acknowledges that it shall use its independent judgment and make its own determination as to the scope and the breadth of its due diligence investigation which investigation of the physical, environmental, economic, and legal condition of the Property (including, without limitation, whether the Property is located in an area which is designated as a special flood hazard area, dam failure inundation area, earthquake fault zone, seismic hazard zone, high fire severity area or wildland fire area, by any federal, state or local entity). The Buyer undertakes and assumes all risks associated with all matters pertaining to the Property location in any area designated as a special flood hazard area, dam inundation area, earthquake fault zone, seismic hazard zone, high fire severity area or wildland fire area, by any federal, state or local entity.
7.4. Survival. The terms and the conditions of this section 7 shall expressly survive the Close of Escrow, shall not merge with the provisions of the Grant Deed, or any other closing documents and shall be deemed to be incorporated by reference into the Grant Deed. The Seller is not liable or bound in any manner by any oral or written statements, representations or information pertaining to the Property furnished by any contractor, agent, employee, servant or other person. The Buyer acknowledges that the Purchase Price reflects the “as is” nature of this sale and any faults, liabilities, defects or other adverse matters that may be associated with the Property. The Buyer has fully reviewed the disclaimers and waivers set forth in this Agreement with the Buyer’s counsel and understands the significance and effect thereof.
7.5. Acknowledgement. The Buyer acknowledges and agrees that (i) to the extent required to be operative, the disclaimers of warranties contained in this section are “conspicuous” disclaimers for purposes of all applicable laws and other legal requirements, and (ii) the disclaimers and other agreements set forth in such sections are an integral part of this Agreement, that the Purchase Price has been adjusted to reflect the same and that the Seller would not have 5 agreed to sell the Property to the Buyer for the Purchase Price without the disclaimers and other agreements set forth in this section.
7.6. Buyer’s Release of the Seller. The Buyer, on behalf of itself and anyone claiming by, through or under the Buyer, hereby waives its right to recover from and fully and irrevocably releases the Seller and its representatives and agents (“Released Parties”) from any and all claims, responsibility and/or liability that the Buyer may have or hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related to (i) the condition (including any construction defects, errors, omissions or other conditions, latent or otherwise), valuation, salability or utility of the Property, or its suitability for any purpose whatsoever, (ii) any presence of Hazardous Materials (as hereinafter defined), and (iii) any information furnished by the Released Parties under or in connection with this Agreement.
7.7. Scope of Release. The release set forth in section 7.4 hereof includes claims of which the Buyer is presently unaware or which the Buyer does not presently suspect to exist which, if known by the Buyer, would materially affect the Buyer’s release of the Released Parties.
The Buyer specifically waives the provision of any statute or principle of law that provides otherwise. In this connection and to the extent permitted by law, the Buyer agrees, represents and warrants that the Buyer realizes and acknowledges that factual matters now unknown to the Buyer may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses, and expenses which are presently unknown, unanticipated and unsuspected, and the Buyer further agrees, represents, and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that the Buyer nevertheless hereby intends to release, discharge, and acquit the Sellers from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses, and expenses. Accordingly, the Buyer, on behalf of itself and anyone claiming by, through or under the Buyer, hereby assumes the above-mentioned risks and hereby expressly waives any right the Buyer or anyone claiming by, through or under the Buyer, may have under Section 1542 of the California Civil Code, which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Notwithstanding the foregoing, this release shall not apply to, nor shall the Seller be released from, the Seller’s actual fraud or misrepresentation.
8. Hazardous Materials. As used in this Agreement, the term “Hazardous Materials” shall mean any substance, material, or waste which is or becomes, regulated by any local governmental authority, the County of Monterey, the State of California, any regional governmental authority, or the United States Government, including, but not limited to, any 6 material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) methyl tertiary butyl ether, (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §§6901, et seq. (42 U.S.C. §6903) or (xi) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§9601, et seq.
8.1. Compliance with Laws. The Buyer hereby covenants and agrees to comply with all Hazardous Materials laws applicable to it.
8.2. Indemnity. Without limiting the generality of the indemnification set forth elsewhere in this Agreement, the Buyer hereby agrees to indemnify, protect, and hold harmless the Seller from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind, and all costs and expenses incurred in connection therewith (including, but not limited to, reasonable attorney fees and expenses), arising directly or indirectly, in whole or in part, out of the failure of Buyer or any other person or entity to comply with the Hazardous Materials laws. The foregoing indemnity shall further apply to any residual contamination on or under the Property, including but not limited to the presence of lead-based paint or asbestos, or affecting any natural resources, and to any contamination of any property or natural resources arising in connection with the generation, use, handling, treatment, storage, transport or disposal or any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with Hazardous Materials laws. The provisions of this subsection shall survive expiration or termination of this Agreement, and shall remain in full force and effect.
8.3. No Limitation. The Buyer hereby acknowledges and agrees that the Buyer’s duties, obligations, and liabilities under this Agreement, including, without limitation, under sections 8.1 and 8.2 above, are in no way limited or otherwise affected by any information the Seller may have concerning the Property and/or the presence within the Property of any Hazardous Materials, whether the Seller obtained such information from the Buyer or from its own investigations.
7 9. Provision Not Merged with Deeds. Unless otherwise specifically set forth herein, none of the provisions of this Agreement are intended to or shall be merged by any grant deed transferring title to any real property which is the subject of this Agreement from Seller to Buyer or any successor in interest, and any such grant deed shall not be deemed to affect or to impair the provisions and the covenants of this Agreement.
10. Brokers. No brokerage commission, finder’s fee or other compensation of any kind is due or owing to any person or entity in connection with this Agreement. Each party agrees to and does hereby indemnify and hold the other free and harmless from any against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in connection with this Agreement.
11. Waiver, Consent, and Remedies. Each provision of this Agreement to be performed by Buyer and Seller shall be deemed both a covenant and a condition and shall be a material consideration for Seller’s and Buyer’s performance hereunder, as appropriate, and any breach thereof by Buyer or Seller shall be deemed a material default hereunder by such breaching party.
Either party may specifically and expressly waive in writing any portion of this Agreement or any breach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter require further compliance by the other party with any breach or provision so waived. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement. All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other.
12. Attorney’s Fees. In the event any declaratory or other legal or equitable action is instituted between Seller, Buyer and/or Escrow Holder in connection with this Agreement then, as between Buyer and Seller, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including court costs, reasonable attorneys’ fees, expert witness fees, and all fees, costs and expenses incurred on any appeal or in collection of any judgment.
13. Notices. Any notice, request, demand, consent, approval or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other party, or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid, or delivered through another reasonably acceptable method, and addressed to the party for whom intended, as follows:
If to Buyer: City of Salinas
200 Lincoln Avenue
8 Salinas, California 93901
Attn: City Manager
With a Copy to: City of Salinas
200 Lincoln Avenue
Salinas, California 93901
Attn: City Attorney
If to Seller: Arpesh Patel
4750 Sea Ridge Ct
Seaside, CA 93955
14. Gender and Number. In this Agreement (unless the context requires otherwise), the masculine, feminine and neuter genders and the singular and the plural shall be deemed to include one another, as appropriate.
15. Entire Agreement. This Agreement and its attachments constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein.
16. Captions. The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof.
17. Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California.
18. Counterparts. This Agreement may be executed in counterparts, each of which when executed shall, regardless of the date of its execution and delivery, be deemed an original, and all counterparts together shall constitute one and the same instrument.
19. Invalidity of Provision. If any provision of this Agreement as applied to any party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.
9 20. Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing by Buyer and Seller.
21. Time of Essence. Time is of the essence of each provision of this Agreement.
22. Survival. All agreements, representations and warranties contained herein shall survive the Closing.
23. Binding Upon Successors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereof.
24. Parties no Co-Venturers. Nothing in this Agreement is intended to or does establish the parties as partners, co-venturers or principal and agent with one another.
25. Action by the City. Except as may be otherwise specifically provided in this Agreement, whenever any approval, notice, direction, finding, consent, request, waiver or other action by the City is required or permitted under this Agreement, such action may be given, made or taken by the City Manager or by any person who shall have been designated in writing to the Buyer by the City Manager without further approval by the City Council. Any such action shall be in writing.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF SALINAS
__________________________
Kimbley Craig, Mayor
APPROVED AS TO FORM:
___________________________
Christopher A. Callihan, City Attorney
10 SELLERS
____________________________
Arpesh D. Patel, Trustee
____________________________
Hetal S. Patel, Trustee
11 EXHIBIT A
Legal Description
Real property in the City of Salinas, County of Monterey, State of California, described as follows:
BEGINNING AT A POINT ON THE SOUTHWEST SIDE OF THE CASTROVILLE ROAD FROM WHICH THE NORTHERLY CORNER OF RECREATION PARK BEARS SOUTH 64° 18' EAST 871.1 FEET DISTANT; THENCE ALONG THE SOUTHWEST SIDE OF THE CASTROVILLE ROAD, NORTH 64° 18' WEST, 93.9 FEET TO A 4" X 4" SURVEY POST MARKED G.W. ROAD H.D.P.; THENCE SOUTH 34° WEST, PARALLEL TO THE LINE BETWEEN LOTS 4 AND 5, 524.8 FEET TO A POINT ON THE NORTHEAST LINE OF LOT 7; THENCE SOUTH 79° 58' EAST, 101.18 FEET TO A POINT; THENCE NORTH 34° EAST 497.2 FEET TO THE POINT OF BEGINNING, CONTAINING 1.087 ACRES, MORE OR LESS, BEING A PART OF EL SAUSAL RANCHO, AND A PORTION OF LOT 4, AS SAID LOT 4 IS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP SHOWING SUBDIVISION OF FORD & SANBORN CO., TRACT, SALINAS, MONTEREY CO., CALIF.", FILED JUNE 4, 1906 IN VOLUME 1 OF SURVEYS AT PAGE 69, MONTEREY COUNTY RECORDS.
EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED BY W.H. GREER AND A.E. GREER, HIS WIFE, TO SALINAS, A MUNICIPAL CORPORATION, BY DEED DATED MARCH 18, 1931, RECORDED JUNE 10, 1931 IN VOLUME 297 OF OFFICIAL RECORDS, MONTEREY COUNTY, PAGE 193, PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF MARKET STREET AT THE NORTHEASTERLY CORNER OF THE ABOVE -DESCRIBED TRACT OF LAND; THENCE NORTH 64° 18' WEST, ALONG THE SAID SOUTHERLY LINE OF MARKET STREET, 93.9 FEET TO THE MOST NORTHERLY CORNER OF SAID TRACT OF LAND; THENCE SOUTH 34° WEST, ALONG THE WESTERLY LINE OF SAID TRACT OF LAND
20.21 FEET TO A POINT; THENCE SOUTH 64° 18' EAST, ALONG A LINE OF MARKET STREET 93.9 FEET TO A POINT IN THE EASTERLY LINE OF SAID TRACT OF LAND; THENCE NORTH 34° EAST, ALONG THE SAID EASTERLY LINE OF SAID TRACT OF LAND 20.21 FEET TO THE PLACE OF BEGINNING.
APN: 002-061-008-000
12 EXHIBIT B
RECORDING REQUESTED BY
City Clerk
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
WHEN RECORDED MAIL TO
AND MAIL TAX STATEMENTS TO:
City of Salinas
65. W Alisal St
Salinas, CA 93901
EXEMPT FROM RECORDER’S FEES
Pursuant to Government Code §6103
(ABOVE SPACE FOR RECORDER’S USE
ONLY)
* This Instrument is exempt from payment of Documentary Transfer Tax pursuant to Section 27383.2 (Transfer to government entity) of the Revenue and Taxation Code, as amended. Transfer Tax $0.00
GRANT DEED
For valuable consideration, DHANJIBHAI D. PATEL AND GANGABEN D. PATEL, AS TRUSTEES OF THE D AND G PATEL FAMILY TRUST, AS TO AN UNDIVIDED 40% INTEREST; AND ARPESH D. PATEL AND HETAL S. PATEL, AS TRUSTEES OF THE ARPESH AND HETAL PATEL FAMILY TRUST, AS TO AN UNDIVIDED 60% INTEREST, Hereby GRANT(S) to City of Salinas, a California charter city and municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM, all of the right, title and interest of Grantor in and to that certain real property situated in the City of Salinas, County of Monterey, State of California, more particularly described on Attachment No. 1 attached hereto and incorporated herein by this reference.
Dated this ____ day of ______________, 2023.
____________________________
Arpesh D. Patel, Trustee ____________________________
13 Hetal S. Patel, Trustee
14 Attachment No. 1
Legal Description
Real property in the City of Salinas, County of Monterey, State of California, described as follows:
BEGINNING AT A POINT ON THE SOUTHWEST SIDE OF THE CASTROVILLE ROAD FROM WHICH THE NORTHERLY CORNER OF RECREATION PARK BEARS SOUTH 64° 18' EAST 871.1 FEET DISTANT; THENCE ALONG THE SOUTHWEST SIDE OF THE CASTROVILLE ROAD, NORTH 64° 18' WEST, 93.9 FEET TO A 4" X 4" SURVEY POST MARKED G.W. ROAD H.D.P.; THENCE SOUTH 34° WEST, PARALLEL TO THE LINE BETWEEN LOTS 4 AND 5, 524.8 FEET TO A POINT ON THE NORTHEAST LINE OF LOT 7; THENCE SOUTH 79° 58' EAST, 101.18 FEET TO A POINT; THENCE NORTH 34° EAST 497.2 FEET TO THE POINT OF BEGINNING, CONTAINING 1.087 ACRES, MORE OR LESS, BEING A PART OF EL SAUSAL RANCHO, AND A PORTION OF LOT 4, AS SAID LOT 4 IS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP SHOWING SUBDIVISION OF FORD & SANBORN CO., TRACT, SALINAS, MONTEREY CO., CALIF.", FILED JUNE 4, 1906 IN VOLUME 1 OF SURVEYS AT PAGE 69, MONTEREY COUNTY RECORDS.
EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED BY W.H. GREER AND A.E. GREER, HIS WIFE, TO SALINAS, A MUNICIPAL CORPORATION, BY DEED DATED MARCH 18, 1931, RECORDED JUNE 10, 1931 IN VOLUME 297 OF OFFICIAL RECORDS, MONTEREY COUNTY, PAGE 193, PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF MARKET STREET AT THE NORTHEASTERLY CORNER OF THE ABOVE -DESCRIBED TRACT OF LAND; THENCE NORTH 64° 18' WEST, ALONG THE SAID SOUTHERLY LINE OF MARKET STREET, 93.9 FEET TO THE MOST NORTHERLY CORNER OF SAID TRACT OF LAND; THENCE SOUTH 34° WEST, ALONG THE WESTERLY LINE OF SAID TRACT OF LAND
20.21 FEET TO A POINT; THENCE SOUTH 64° 18' EAST, ALONG A LINE OF MARKET STREET 93.9 FEET TO A POINT IN THE EASTERLY LINE OF SAID TRACT OF LAND; THENCE NORTH 34° EAST, ALONG THE SAID EASTERLY LINE OF SAID TRACT OF LAND 20.21 FEET TO THE PLACE OF BEGINNING.
APN: 002-061-008-000
15 CERTIFICATE OF ACCEPTANCE
City Resolution No.: ______
THIS IS TO CERTIFY THAT the interest in real property conveyed by the deed or grant dated ________________, 2023 from
DHANJIBHAI D. PATEL AND GANGABEN D. PATEL, AS TRUSTEES OF THE D AND G PATEL FAMILY TRUST, AS TO AN UNDIVIDED 40% INTEREST; AND ARPESH D. PATEL AND HETAL S. PATEL, AS TRUSTEES OF THE ARPESH AND HETAL PATEL FAMILY TRUST, AS TO AN UNDIVIDED 60% INTEREST,
to
CITY OF SALINAS, A CALIFORNIA CHARTER CITY AND MUNICIPAL
CORPORATION
is hereby accepted by order of the Salinas City Council on October 24, 2023, (or by the undersigned officer or agent on behalf of the City of Salinas pursuant to authority conferred by Resolution 5849 of the Salinas City Council adopted on November 22, 1965), and the grantee consents to recordation thereof by its duly authorized officer.
DATE:
16 Kimbley Craig, Mayor
Aerial Photography of Property and Surrounding Area
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-626, Version: 1
New Traffic Signal at East Alisal Street and JD Alvarado Circle (formerly Murphy Street), CIP No. 9094 Approve a Resolution accepting the New Traffic Signal at East Alisal Street and JD Alvarado Circle, CIP No. 9094, for maintenance and responsibility.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: OCTOBER 24, 2023
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., P.L.S., PUBLIC WORKS DIRECTOR BY: PATRICK FUNG, ASSISTANT ENGINEER
TITLE: NEW TRAFFIC SIGNAL AT EAST ALISAL STREET AND JD
ALVARADO CIRCLE (FORMERLY MURPHY STREET), CIP NO.
9094
RECOMMENDED MOTION:
A motion to approve a resolution accepting and effectuating the transfer of maintenance and responsibility for the new traffic signal at East Alisal Street and JD Alvarado Circle (CIP No. 9094) to the City.
BACKGROUND:
At its January 23, 2018 meeting City Council approved a Resolution (No. 21329) adopting a Mitigated Negative Declaration (MND) and related Mitigation Monitoring and Reporting Program (MMRP) for the Salinas Police Services Headquarters. The Traffic Impact Report for the Salinas Police Services Headquarters determined that the new police station would significantly impact the intersection of East Alisal Street and JD Alvarado Circle (formerly Murphy Street). As such, the City committed to mitigating the impact by installing a traffic signal at the intersection of East Alisal Street and JD Alvarado Circle.
The City hired Kimley Horn and Associates to develop the plans and specifications for the project.
In general, the project constructed new concrete curbs, gutters, sidewalks, medians and curb ramps, a new traffic signal, lighting, asphalt paving, slurry seal, and striping and signs.
On November 9, 2021, the City Council approved Resolution No. 22239 awarding the New Traffic Signal at East Alisal Street and JD Alvarado Circle project to Bear Electrical Solutions, Inc. in the amount of $736,335.
On August 23, 2022, the City Council approved Contract Change Order No. 2 for the project (Resolution 22460) pursuant to Department Policy 75-1, which requires the Council’s approval when the cumulative total of Contract Change Orders exceeds 10% of the original contract amount.
Resolution 22460 also authorized an additional 10% ($73,633.50) for construction contingencies.
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On November 15, 2022, the City Council approved Resolution 22513 renaming Murphy Street to JD Alvarado Circle in honor of a fallen Salinas Police Officer.
Due to nationwide manufacturing and supply chain constraints at the time of award, the traffic signal cabinet and pole equipment had a lead time of approximately eight months. Construction commenced on January 23, 2023, and the project was substantially completed on June 7, 2023.
The work has been inspected to meet the requirements of the project plans and specifications, and the project is now complete. The traffic signal is now operational and improves vehicular and pedestrian movements through the intersections of East Alisal Street and JD Alvarado Circle, as well as Prader Street.
Measure X Transportation Safety funds and Measure X Bond funds were used to fund this project The project was completed within the approved budget.
The total construction cost was $818,055.83. Below is a summary of the contract change orders.
CCO
No. Amount Cumulative Contract Amount
Percentage of
Contingency Used
($147,266)
Bid $736,335.00 $736,335.00 0%
1 $64,435.87 $800,770.87 43.8%
2 $12,238.99 $813,009.86 52.1%
3 $1,480.12 $814,489.98 53.1%
4 $1,229.85 $815,719.83 53.9%
5 $4,513.75 $820,233.58 57.0%
6 $837.18 $821,070.76 57.5%
7 $1,335.07 $822,405.83 58.4%
8 $(4,350.00) $818,055.83 55.5%
CEQA CONSIDERATION:
Categorically exempt: The City of Salinas has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301(c), Class 1), because the project proposes to improve the existing roadway intersection, crosswalks, signage, and pavement striping.
Furthermore, the project does not qualify for any of the categorical exemptions found at CEQA Guidelines Sections 15300.2, because the section is not applicable to this project.
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STRATEGIC PLAN INITIATIVE:
This project relates to the Council’s Strategic Goal of Infrastructure and Environmental Sustainability by improving the condition of local streets and city facilities.
DEPARTMENTAL COORDINATION:
Public Works has worked with the Finance Department in identifying and tracking the funding of this project. There was also coordination with the Police Department during construction and in the street renaming to JD Alvarado Circle.
FISCAL AND SUSTAINABILITY IMPACT:
This action accepts completed improvements. There is no impact to the General Fund with this action. Maintenance of traffic signals is appropriated annually through the CIP and Operating budget process.
ATTACHMENTS:
Resolution
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RESOLUTION NO. (N.C.S.)
A RESOLUTION OF THE SALINAS CITY COUNCIL ACCEPTING THE NEW
TRAFFIC SIGNAL AT EAST ALISAL STREET AND JD ALVARADO CIRCLE (FORMERLY MURPHY STREET), CIP NO. 9094, FOR MAINTENANCE AND
RESPONSIBILITY
WHEREAS, on January 23, 2018 the Salinas City Council approved a Resolution No. 21329 adopting a Mitigated Negative Declaration (MND) and related Mitigation Monitoring and Reporting Program (MMRP) for the new Salinas Police Services Headquarters; and WHEREAS, the Traffic Impact Report for the Salinas Police Services Headquarters determined that the new police station would significantly impact the intersection of East Alisal Street and JD Alvarado Circle (formerly Murphy Street), in the cumulative condition; and WHEREAS, the City committed to mitigating the impact to less than significant by installing a traffic signal at the intersection of East Alisal Street and JD Alvarado Circle; and WHEREAS, staff developed the plans and specifications with Kimley Horn and Associates for the New Traffic Signal at East Alisal Street and JD Alvarado Circle Project, CIP 9094; and
WHEREAS, the project construction new concrete curbs, gutters, sidewalks, medians and curb ramps, a new traffic signal, lighting, asphalt paving, slurry seal, and striping and signs; and
WHEREAS, the City of Salinas has determined that the project is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301(c), Class 1) because the project proposes to improve the existing roadway intersection, crosswalks, signage, and pavement striping, and the project does not qualify for any of the categorical exemptions found at CEQA Guidelines Sections 15300.2; and
WHEREAS, the work has been inspected to meet the requirements of the project plans and specifications; and
WHEREAS, the project was substantially completed on June 7, 2023; and WHEREAS, the total construction cost is $818,055.83; and WHEREAS, maintenance for traffic signals is appropriated annually through CIP and operating budgeting.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council accepts and effectuates the transfer of maintenance and responsibility for the New Traffic Signal at East Alisal Street and JD Alvarado Circle, CIP No. 9094.
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PASSED AND APPROVED this 24th day of October 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#23-628, Version: 1
Agreement Amendment No. 1 with Smith & Enright Landscaping, Inc for Landscape Maintenance Services for City Parks and Facilities
Approve a Resolution authorizing the Interim City Manager to execute an Agreement Amendment No. 1 with Smith & Enright Landscaping, Inc. for Landscape Maintenance Services for City parks and facilities to include an additional amount not to exceed $50,000 for general irrigation repairs.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: OCTOBER 24, 2023
DEPARTMENT: LIBRARY & COMMUNITY SERVICES
FROM: KRISTAN LUNDQUIST, DIRECTOR
TITLE: AGREEMENT AMENDMENT NO. 1 WITH SMITH & ENRIGHT
LANDSCAPING, INC. FOR LANDSCAPE MAINTENANCE
SERVICES FOR CITY PARKS AND FACILITIES
RECOMMENDED MOTION:
A motion to approve a Resolution authorizing the Interim City Manager to execute Agreement Amendment No. 1 with Smith & Enright Landscaping, Inc. for Landscape Maintenance Services for City Parks and Facilities to add an additional not to exceed amount of $50,000 per year or $100,000 for the remaining two years of the three-year term for general irrigation repairs, as needed.
RECOMMENDATION:
Staff recommends that the City Council approve a Resolution authorizing the Interim City Manager to execute Agreement Amendment No. 1 with Smith & Enright Landscaping, Inc. for Landscape Maintenance Services for City Parks and Facilities to add an additional not to exceed amount of $50,000 per year or $100,000 for the remaining two years of the three-year term for general irrigation repairs, as needed.
BACKGROUND:
On June 21, 2022, the City Council awarded Smith & Enright Landscaping, Inc. an agreement for landscape and maintenance services for parks and facilities in the amount not to exceed $640,251 per year, or $1,920,753 for a three-year term. The main scope of this agreement is to provide mowing, edging, trimming, tree pruning, weed control, rodent control, removal and disposal of debris and other items of work. Irrigation repairs are not included in the current scope of work.
The park irrigation systems need regular maintenance and repairs annually. The Park Maintenance Team can perform some repairs, but often the maintenance and repair requires more skilled and/or dedicated labor to address. The Department wishes to amend the Landscape and Maintenance Services Agreement for City Parks and Facilities to include an additional not to exceed amount of $50,000 per year, or $100,000 for the remaining two years, for general irrigation repairs, as needed, to City parks and facilities. These repairs include but are not limited to repair and or installation of main lines, lateral lines, valves, heads, controllers and necessary wiring.
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The Agreement Amendment No. 1 would increase the annual not to exceed amount to Six Hundred Forty Thousand and Two Hundred Fifty-One Dollars ($690,251) annually for the remaining two years of the three-year term, for a total amount of compensation not to exceed Two Million Twenty Thousand Seven Hundred and Fifty-Three Dollars ($2,020,753) for the three-year term.
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:
This action supports City Council’s goals:
Infrastructure
Environmental Sustainability
DEPARTMENTAL COORDINATION:
The LCS Department will coordinate with the City Attorney’s Office on the execution of the Agreement Amendment No. 1 and the City’s Finance Department on funding.
FISCAL AND SUSTAINABILITY IMPACT:
The current year impact of $50,000 for this Amendment is available and appropriated in 3911.55.8191. Additional year impacts are subject to annual budget appropriation.
ATTACHMENTS:
Resolution
Agreement Amendment No. 1
RESOLUTION NO. ___________(N.C.S.)
A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AGREEMENT AMENDMENT NO. 1 WITH SMITH & ENRIGHT LANDSCAPING, INC. FOR
LANDSCAPE AND MAINTENANCE SERVICES FOR CITY PARKS AND FACILITIES WHEREAS, on June 21, 2022, the City Council authorized the City to enter into an Agreement with Smith & Enright Landscaping, Inc. for Landscape Maintenance Services for City parks and facilities in an amount not to exceed $640,251 per year, or $1,920,753 for a three-year term; and WHEREAS, the Agreement for Landscape & Maintenance Services for City parks and facilities provides mowing, edging, trimming, tree pruning, weed control, rodent control removal and disposal of debris and other items of work; and
WHEREAS, the park irrigation systems require regular maintenance and annual repairs that can require additional expertise and staffing; and
WHEREAS, the City and Smith & Enright Landscape, Inc. wish to Amend the Agreement for Landscape and Maintenance Services for Parks and Facilities to add an additional not to exceed amount of $50,000 per year or $100,000 for the remaining two years of the three-year term for general irrigation repairs as needed; and
NOW THEREFORE, BE IT RESOLVED BY THE SALINAS CITY COUNCIL that the Interim City Manager is authorized to execute Agreement Amendment No. 1 with Smith & Enright Landscaping, Inc. increasing the annual not to exceed amount to $690,251 per year for the remaining two years of the three-year term or $2,070,753 for the for the total compensation for the three-year term.
PASSED AND APPROVED this 24
th day of October, 2023 by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
________________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk