Agenda Packet — Salinas City Council, November 14, 2023 (part 1 of 2)

Tuesday, November 14, 2023
4:00 PM
City of Salinas
200 Lincoln Ave., Salinas, CA 93901
www.cityofsalinas.org

SALINAS ROTUNDA
City Council
Mayor Kimbley Craig
Councilmembers:

Carla Viviana González, District 1 - Tony Barrera, District 2 Steve McShane, District 3 - Orlando Osornio, District 4 Andrew Sandoval, District 5 - Anthony Rocha, District 6 Jim Pia, Interim City Manager
Christopher A. Callihan, City Attorney
City Clerk’s Office: (831) 758-7381
Meeting Agenda - Final

November 14, 2023City Council Meeting Agenda - Final

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PLEDGE OF ALLEGIANCE

ROLL CALL

PROCLAMATION
Small Business Saturday

PUBLIC COMMENT PROCEDURES
If you wish to make a general public comment or comment on a specific agenda item, you are encouraged to attend the City Council meeting in person. Public comment may also be submitted via email at [email protected] and will be entered into the record.

PUBLIC COMMENT TIME RESTRICTIONS
Public comments generally are limited to two minutes per speaker; the Mayor may further limit the time for public comments depending on the agenda schedule.

GENERAL PUBLIC COMMENTS
Receive public communications on items that are not on the agenda and that are in the City of Salinas’ subject matter jurisdiction. Comments on Consent, Consideration, and Closed session items should be held until the items are reached. The public may request that the legislative body consider adding an item for consideration on a future agenda. The public may comment on scheduled agenda items, including closed session items, as they are considered.

CONSIDERATION
ID#23-698 Exception to the CalPERS 180-Day Wait Period

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November 14, 2023City Council Meeting Agenda - Final
Recommendation: Approve a Resolution approving an exception to the 180-day wait period for hiring retired CalPERS member Manuel Martinez as Interim Chief of Police.

ID#23-699 California Senate Bill 329 (Dodd): City Council Compensation Recommendation: Consider adopting an Ordinance amending the Salinas Municipal Code to increase compensation for the Mayor and City Council Members.

CONSENT AGENDA
All matters listed under Consent Agenda may be enacted by one motion unless a member of the Council or the public requests discussion or a separate vote.

ID#23-705 Minutes
Recommendation: Approve minutes of November 7, 2023.

ID#23-702 Financial Claims
Recommendation: Approve financial claims report.

ID#23-653 2nd reading, Zoning Code Amendment 2023-001; Amend Zoning Code Section 37-50.090 (Fences, Walls, and Hedges) of Chapter 37 of the Salinas Municipal Code (Zoning Code) to modify the application process for electrically-charged wires and fences in the Industrial General (IG) Zoning District and other subsections of Section 37-50.090
Recommendation: Consider finding Zoning Code Amendment 2023-001 categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305 and adopt an Ordinance amending Chapter 37 of the Salinas Municipal Code (Zoning Code) to modify the application process for electrically-charged wires and fences in the Industrial General (IG) Zoning District and other subsections of Section 37-50.090.

ID#23-634 2nd reading, Ordinance amending Chapter 5, Article VII of the Salinas Municipal Code; Cannabis Regulations
Recommendation: Consider Ordinance Amendment 2023-001 exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and to adopt an Ordinance amending Cannabis regulations Chapter 5, Article VII of the Salinas Municipal Code.

ID#23-662 Amendment No. 1 to the Master Service Agreement for Professional Services between the City of Salinas and with CSG Consultants, Inc.

Recommendation: Approve a Resolution authorizing Amendment No. 1 to a Master Service Agreement for Professional Services between the City of Salinas and CSG Consultants, Inc. in the amount not to exceed $882,042 to provide design, inspection, project management, construction management, labor compliance and environmental services for various capital improvement projects; and authorize the Interim City Manager or designee to execute and approve Amendment No. 1.

ID#23-657 Amendment No. 1 to Agreement for Professional Services with CSG Consultants, Inc.

Recommendation: Approve a Resolution authorizing the Mayor to execute Amendment No. 1 to the Agreement for Professional Services with CSG Consultants, Inc. to increase the total not to exceed compensation amount to $750,000.

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November 14, 2023City Council Meeting Agenda - Final
ID#23-658 ProjectDox ePlan Renewal and Service Agreements with Avolve Software, Inc.

Recommendation: Approve a Resolution authorizing the City Manager or designee to negotiate and execute a Year Three ProjectDox ePlan Renewal and corresponding Service Agreements with Avolve Software, Inc. for an amount not to exceed $138,000 through December 2024.

ID#23-667 East Market Street Cycle Track Quick Build Project Recommendation: Approve a Resolution approving the plans and specifications for the East Market Street Cycle Track Quick Build Project; and awarding a contract to Coastal Paving & Excavating in the amount of $204,700.00.

ID#23-679 Catalis (QAlert) Subscription Renewal
Recommendation: Approve a Resolution authorizing the subscription renewal with Catalis in the amount of $61,689.59 to provide the City's request management solution (QAlert) for the period of January 1, 2024 to June 30, 2025.

COUNCILMEMBERS’ REPORTS, APPOINTMENTS AND FUTURE AGENDA ITEMS Receive communication from Councilmembers on reports, appointments and future agenda items. Councilmember comments are generally limited to three minutes.

CLOSED SESSION
Receive public communications from the audience on Closed session items.

The City Council will recess to closed session pursuant to:

ID#23-687 a. Public Employee Appointment - California Government Code Section 54957(b)(1), City Manager
b. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Santa Rita Union High School District, et al. v. City of Salinas et al., Monterey County Superior Court Case No. 20CV000242.
c. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Alisal Union School District, et al. v.

City of Salinas, et al., Monterey County Superior Court Case No. 20CV00340.

ADJOURNMENT
_____________________________
Patricia M. Barajas, City Clerk

AGENDA MATERIAL / ADDENDUM
Any addendums will be posted within 72 hours of regular meetings or 24 hours of special meetings and in accordance with Californian Government Code Section 54954.2 and 54956. City Council agenda reports and other writings distributed to the legislative body may be viewed at the Salinas City Clerk’s Office, 200 Lincoln Avenue, Salinas, and are

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November 14, 2023City Council Meeting Agenda - Final
posted on the City’s website at www.cityofsalinas.org in accordance with California Government Code section 54597.5. The City Council may take action that is different than the proposed action reflected on the agenda.

Disability-related modification or accommodation, including auxiliary aids or services, may be requested by any person with a disability who requires a modification or accommodation in order to participate in the meeting. Language interpretation may be requested as soon as possible but by no later than 5 p.m. of the last business day prior to the meeting. Requests should be referred to the City Clerk’s Office At 200 Lincoln Avenue, Salinas, 758-7381, as soon as possible but by no later than 5 p.m. of the last business day prior to the meeting. Hearing impaired or TTY/TDD text telephone users may contact the city by dialing 711 for the California Relay Service (CRS) or by telephoning any other service providers’ CRS telephone number.

PUBLIC NOTIFICATION
This agenda was posted on November 9, 2023 in the Salinas Rotunda and City's website.

Meetings are streamed live at https://salinas.legistar.com/Calendar.aspx, televised live on Comcast Channel 25 and on http://www.youtube.com/thesalinaschannel at 4:00 p.m. on the date of the regularly scheduled meeting and will be broadcast throughout the day on Friday, Saturday, Monday and Wednesday following the meeting. For the most up-to-date Broadcast Schedule for The Salinas Channel on Comcast 25, please visit or subscribe to our Google Calendar located at http://tinyurl.com/SalinasChannel25. All past City Council meetings may also be viewed on the Salinas Channel on YouTube at http://www.youtube.com/thesalinaschannel.

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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-698, Version: 1
Exception to the CalPERS 180-Day Wait Period
Approve a Resolution approving an exception to the 180-day wait period for hiring retired CalPERS member Manuel Martinez as Interim Chief of Police.

City of Salinas Printed on 11/9/2023Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: November 14, 2023
DEPARTMENT: HUMAN RESOURCES
FROM: Marina Horta-Gallegos, Director
TITLE: EXCEPTION TO THE CALPERS 180-DAY WAIT PERIOD

RECOMMENDED MOTION:

A motion for a Resolution approving an exception to the 180-day wait period for hiring retired CalPERS member Manuel Martinez as Interim Chief of Police.

EXECUTIVE SUMMARY:

Staff recommend that the City Council approve the Resolution for an exception to the 180 -day wait period for hiring a retired annuitant as an Interim Chief of Police pursuant to Government Code sections 7522.56, 21221 and 21224.

BACKGROUND:

The Public Employees’ Pension Reform Act of 2013 (PEPRA) made substantial changes to the public employee pension laws in California. One of those changes required retired annuitant s to be separated from employment for a t least 180 days before returning to work for an employer in the same retirement system from which they receive a pension. An exception may be made if the governing body adopts a resolution to waive the waiting period for separation. The waiver allows an employer to hire a retired annuitant to perform work of limited duration, such as the elimination of backlogs, limited term special projects, and work that is in exc ess of what regular staff can reasonably perform.

Police Services has a number of vacancies and anticipates another vaca ncy with the upcoming retirement of Assistant Chief of Police Manuel Martinez. The City is temporarily in need of a qualified person to perform the duties of Chief of Police on a limited term basis while Chief of Police, Roberto Filice, is out of the office between December 19, 2023, and January 11, 2024.

Manuel Martinez will be appointed acting Chief of Police, effective December 19, 2023, until his retirement on December 30, 2023, at which time he will then be appointed Interim Chief of Police as a retired annuitant until January 11, 2024.

As a retired annuitant, Mr. Martinez will be limited to no more than 960 work hours per fiscal year.

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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 proposed action meets the Effective and Culturally Responsive Government Council goal.

DEPARTMENTAL COORDINATION:

The Human Resources Department coordinated with Police Services.

FISCAL AND SUSTAINABILITY IMPACT:

No impact on the approved fiscal year operating budget is anticipated.

ATTACHMENTS:

Resolution
Appointment Letter
Salary Schedule

Page | 3
RESOLUTION NO. _________ (N.C.S.)

A RESOLUTION APPROVING EXCEPTION TO THE 180-DAY WAITING PERIOD

TO HIRE A CALPERS RETIRED ANNUITANT IN ACCORDANCE WITH
GOVERNMENT CODE SECTIONS 7522.56, 21221 AND 21224
WHEREAS, in compliance with Government Code Section 7522.56 , the City of Salinas must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and
WHEREAS, Manuel Martinez , CalPERS ID 6494397543, will retire from the City of Salinas, Police Services, from the position of Assistant Chief of Police , effective December 30, 2023; and
WHEREAS, Section 7522.56 requires that post -retirement employment commen ce no earlier than 180 days after the retirement date, which is June 28, 2024, without this certification; WHEREAS, Section 7522.56 provides that this exception to the 180 -day waiting period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the City of Salinas and Manuel Martinez certify that Manuel Martinez has not and will not receive a Golden Handshake or any other retirement related incentive; and WHEREAS, the City Council/City of Salinas hereby appoints Manuel Mart inez as an extra-help retired annuitant to perform duties of a Chief of Police, for the City of Salinas Police Services under Government Code Section 21224 and 21221(g), effective December 30, 2023; WHEREAS, the entire employment agreement, contract or appointment document between Manuel Martinez and the City of Salinas has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms, or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum base salary for this position currently is $19,302 and the hourly equivalent is $111.3580, and the minimum base salary for this position currently is $15,123 and the hourly equivalent is $87.2492; and

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WHEREAS, the hourly rate paid to Manuel Martinez will be $108.1763; and WHEREAS, Manuel Martinez has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
THEREFORE, BE IT RESOLVED THAT the City Council hereby certifies the nature of the appointment of Manuel Martinez as described herein and detailed in the attached appointment document and that his appointment is necessary to fill the critically needed position of Chief of Police for the City of Salinas by December 30, 2023, and through January 11, 2024.

PASSED AND ADOPTED this 14th day of November 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Kimbley Craig, Mayor

ATTEST:
______________________________
Patricia Barajas, City Clerk

Current
Benefit
Group Grade Position
Step 1
Hourly
Step 1
Monthly
Step 2
Hourly
Step 2
Monthly
14 14.1014 Assistant Chief of Police 85.2211 14,772 89.4848 15,511 14 14.1013 Chief of Police 87.2492 15,123 91.6140 15,880 14 14.1022 Community Development Dir 72.2152 12,517 75.8286 13,144 14 14.1025 Finance Director 70.8137 12,274 74.3537 12,888 14 14.1016 Fire Chief 86.4950 14,992 90.8254 15,743
14 14.1027 Human Resources Director 69.4390 12,036 72.9126 12,638 14 14.1028 Lib/Community Svc Dir 69.4390 12,036 72.9126 12,638 14 14.1019 Public Works Director 72.2152 12,517 75.8286 13,144 Pay Period Inclusive of January 1, 2024
Benefit
Group Grade Position
Step 1
Hourly
Step 1
Monthly
Step 2
Hourly
Step 2
Monthly
14 14.1014 Assistant Chief of Police 86.9255 15,067 91.2745 15,821 14 14.1013 Chief of Police 88.9942 15,426 93.4463 16,197 14 14.1022 Community Development Dir 73.6595 12,768 77.3452 13,407 14 14.1025 Finance Director 72.2300 12,520 75.8408 13,146 14 14.1016 Fire Chief 88.2249 15,292 92.6419 16,058
14 14.1027 Human Resources Director 70.8278 12,277 74.3709 12,891 14 14.1028 Lib/Community Svc Dir 70.8278 12,277 74.3709 12,891 14 14.1019 Public Works Director 73.6595 12,768 77.3452 13,407 Step 3
Hourly
Step 3
Monthly
Step 4
Hourly
Step 4
Monthly
Step 5
Hourly
Step 5
Monthly
Step 6
Hourly
Step 6
Monthly

93.9622 16,287 98.6536 17,100 103.5913 17,956 108.7709 18,854

96.1923 16,673 101.0040 17,507 106.0552 18,383 111.3580 19,302

79.6140 13,800 83.5991 14,491 87.7769 15,215 92.1657 15,975

78.0665 13,532 81.9720 14,208 86.0699 14,919 90.3734 15,665

95.3683 16,531 100.1371 17,357 105.1449 18,225 110.4021 19,136

76.5588 13,270 80.3913 13,934 84.4093 14,631 88.6298 15,362

79.6140 13,800 83.5991 14,491 87.7769 15,215 92.1657 15,975 Step 3
Hourly
Step 3
Monthly
Step 4
Hourly
Step 4
Monthly
Step 5
Hourly
Step 5
Monthly
Step 6
Hourly
Step 6
Monthly

95.8414 16,613 100.6267 17,442 105.6631 18,315 110.9463 19,231

98.1161 17,007 103.0241 17,858 108.1763 18,751 113.5852 19,688

81.2063 14,076 85.2711 14,780 89.5324 15,519 94.0090 16,295

79.6278 13,802 83.6114 14,493 87.7913 15,217 92.1809 15,978

97.2757 16,861 102.1398 17,704 107.2478 18,590 112.6101 19,519

78.0900 13,536 81.9991 14,213 86.0975 14,924 90.4024 15,670

81.2063 14,076 85.2711 14,780 89.5324 15,519 94.0090 16,295

City of Salinas
HUMAN RESOURCES ● 200 Lincoln Avenue ● Salinas, California 93901

(831) 758-7254 ● (831) 758-7941 (fax) ● www.cityofsalinas.org

November 14, 2023

To: Manuel Martinez, Retired Annuitant
From: Marina Horta-Gallegos, Human Resources Director
Re: Retired Annuitant appointment as Interim Chief of Police

This letter confirms your appointment as a Retired Annuitant – Interim Chief of Police. You may commence work as a Retired Annuitant on December 30, 2023, or as soon thereafter as practical. Your hourly rate will be $108.1763.

As a CalPERS retired annuitant, you may fill this temporary, non-benefited position, as you have specialized skills needed in performing work of limited duration. Temporary part-time positions with the City are “at -will” and, as a CalPERS retired annuitant, you may not work more than 960 hours in a fiscal year. The maximum 960 hours apply to all hours worked for all CalPERS employers combined. You are responsible for monitoring compliance with this work limit. Retiree employment found to be in violation of CalPERS laws and regul ations (unlawful employment) can result in mandatory reinstatement from retirement, reimbursement of retirement allowances, contributions for post -retirement earnings, and administrative penalties.

A CalPERS retiree can work for CalPERS employer under certain circumstances. Please refer to the CalPERS publication titled, “A Guide to CalPERS Employment After Retirement” available on the CalPERS website California Public Employees' Retirement System - CalPERS.

You are encouraged to review the Public Employees’ Retirement Law (Government Code section 20000 et seq.) and the Public Employees’ Pension Reform Act of 2013 (Government Code section 7522 et seq.). If you require further clarification, please contact Cal PERS at (888) 225-7377.

Please sign and return this document to City of Salinas Human Resources no later than December 30, 2023.

CERTIFICATION of CalPERS retired Annuitant:

I understand that I may only accept a temporary appointment by a CalPERS employe r as a CalPERS retired annuitant as specifically allowed by law.

Reviewed and Acknowledged:

______________________________________ ______________________________________ Manuel Martinez (Signature) Date
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-699, Version: 1
California Senate Bill 329 (Dodd): City Council Compensation Consider adopting an Ordinance amending the Salinas Municipal Code to increase compensation for the Mayor and City Council Members.

City of Salinas Printed on 11/9/2023Page 1 of 1
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CITY OF SALINAS

CITY COUNCIL STAFF REPORT

DATE: November 14, 2023
DEPARTMENT: CITY MANAGER’S OFFICE
CITY ATTORNEY’S OFFICE

FROM: JIM PIA, INTERIM CITY MANAGER
CHRISTOPHER A. CALLIHAN, CITY ATTORNEY

TITLE: CALIFORNIA SB 329 (DODD): CITY COUNCIL COMPENSATION

RECOMMENDED MOTION:

It is recommended that the City Council consider whether to amend the Salinas Municipal Code to increase Council member compensation.

EXECUTIVE SUMMARY:

On June 29, 2023, Governor Newsom signed SB 329 (Dodd) into law which amended Government Code section 36516 thereby allowing cities to adjust Council member compen sation to reflect inflation as measured by the California Consumer Price Index. This legislation was intended to increase the compensation schedule for Council members in general law cities. SB 329 allows cities to increase the compensation to adjust for inflation in order to help keep city councils more diverse by allowing people from across different income leve ls to serve the public and support their families. Increases would require a majority vote of the City Council.

SB 329 requires that an ordinance to increase council member compensation be considered in an open session with at least two regular meetings. The ordinance must include findings demonstrating the need for the increased compensation and there must be at le ast seven days between the introduction and the adoption of the ordinance.

SB 329 goes into effect on January 1, 2024 , meaning that should the Salinas City Council adopt an ordinance to increase Council member compensation, such increase could not take e ffect until January 1, 2024; however, the City Council can adopt such an ordinance now so that it may be effective January 1, 2024.

A copy of SB 329 is attached to this Report for reference.

The Finance Committee received a report on September 12, 2023, regarding Council member compensation and SB 329. The Finance Committee did not make a specific recommendation to the City Council whether to increase Council member compensation, but instead recommended Page | 2
that this item be considered by the City Council onl y after the City had made progress toward approving new contracts with City labor groups.

BACKGROUND:

On June 29, 2023, Governor Newsom signed SB 329 into law, allowing general law cities to increase Council member compensation. The State Legislature (and the City of Salinas) last adjusted these amounts in 1984. Currently, Government Code section 36516 authorizes a City Council to enact an ordinance to provide each member of the city council a salary, with a maximum base limit based upon the populatio n of the city in accordance with a specific schedule. Any increases in salary are also limited and cannot exceed 5% for each calendar year from the operative date of the last adjustment of the salary that is in effect when the increase is enacted.

SB 329 amends Government Code section 36516 to increase the maximum amount of salaries identified in the schedule. SB 329 also authorizes the salary of council members to be increased beyond the specified maximum to an amount not exceeding the greater of either 5 % for each calendar year from the operative date of the last adjustment of the salary or an amount equal to inflation since January 1, 2024, based on the California Consumer Price Index (Not to exceed 10% per calendar year).

No ordinance can be enacted or amended to provide automatic future increases in salary and the electors can consider the question of whether city council members should receive a salary and the amount of the salary may be submitted to the electors. Any retirement, health and welfare benefits, federal social security benefits, or reimbursement for the actual and necessary expenses are not included for purposes of determining salary under section 36516.

Salinas is a charter city and, therefore, this new law applies to Salinas because Charter Section 5.3 authorizes the City Council to be compensated in an amount authorized by State law for cities of a similar size, with additional compensation for the Mayor:1

Section 5.3 Compensation

The monthly salary of the Mayor and the members of the City Council shall be set by ordinance. The monthly salary shall not exceed the amount authorized by State law for cities of a similar size; provided however, that the salary of the Mayor may be set at a higher amount that the salary of the members of the City Council.

Salinas Municipal Code section 2-01.02 sets the current amounts of compensation for the Mayor and Council members:

Sec. 2-01.02. City Councilmember compensation.

1 Charter Section 5.3 (formerly Section 9) was added to the City Charter by the voters at the November 6, 1984 election. A copy of Resolution No. 11970 declaring the results of the election is attached to this report for reference.

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Members of the city council shall receive as compensation for their service s a monthly salary of six hundred dollars each and the mayor shall receive a monthly salary of eight hundred dollars.

Compensation for the council and for the mayor may be increased beyond the amount provided for in this section by an ordinance or an amen dment to this section, provided the total amount of compensation, and the percent of any increase, shall not exceed the compensation and increase as provided for in Government Code Section 36516.

Pursuant to Government Code section 36516(a)(2) (E), the com pensation for Salinas Council members may be up to and $2,550 per month, and may be increased beyond that i f the increase does not exceed (1) an amount equal to 5% for each calendar year from the operative date of the last adjustment of the salary (not compounded); or (2) an amount equal to inflation since January 1, 2024, based on Consumer Price Index (CPI).

Currently, the Mayor receives an annual salary in the amount of $9,600 and each Council member receives an annual salary in the amount of $7,200, excluding benefits. 2 Combined, the annual salary for the Mayor and Council members is $52,800, excluding benefits. Increasing each of the Mayor and Council members’ salaries to the amount of $2,550 per month would result in an annual salary for each in the amount of $30,600. The combined annual salary for the Mayor and Council members would thus be increased by $161,400 to $214,200:

Position Current Annual Salary
(Mayor-$800;
Council members-$600)
Increased Annual Salary
($2,550 per month)
Mayor $9,600 $30,600
Council member D1 $7,200 $30,600
Council member D2 $7,200 $30,600
Council member D3 $7,200 $30,600
Council member D4 $7,200 $30,600
Council member D5 $7,200 $30,600
Council member D6 $7,200 $30,600
Total $52,800 $214,200

Examples from Other Cities.

The following is provided to inform the City Council of the amounts of compensation paid to Mayors and Council members from some other California cities:

City Monthly Compensation—Monterey County Cities Population

2 In addition to their monthly salary, the Mayor and Council members receive benefits including health care, retirement, auto allowance, Medicare and Social Security, and reimbursement of expenses.

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Monterey3 Mayor: $1,417.50. Council member: $965.25

26,845
Soledad4 Mayor: $612 Council member: $512 26,230 Greenfield Mayor: $481 Council member: $361 19,917 King City Mayor: $450 Council member: $350 13,817 Marina Mayor: $250 Council member: $200 22,068 Seaside Mayor: $400 Council member: $340 29,790 Gonzales Mayor: $400 Council member: $400 8,300 Monthly Compensation--Comparator Cities5
Monterey
County
Supervisor: $13,219 (full-time positions) 430,368
Santa Cruz
County
Chair: $11,901 Supervisor: $11,822 (full-time positions)_
262,051
San Jose Mayor: $17,450

Council member: Varies from a range of $12,203 to $11,613 (full-time positions)
959,256
Sunnyvale Mayor: $3,884 Council member: $2,913 156,317 Hayward Mayor: $3,474 Council member: $2,081 159,800 Oxnard Mayor: $1,701 Council member: $1,701 197,477 Gilroy Mayor: $1,475 (maximum) Council member: $984 (maximum) 60,078 Watsonville Mayor: $689 Council member: $578 49,876 Hollister Mayor: $600 Council member: $400 42,891

Options Available to the City Council.

Ultimately, the City Council has options: The City Council could choose not to increase City Council compensation, could choose not to increase City Council compensation at this time, or could choose to increase Cit y Council compen sation by a lesser than the maximum amount permitted.

This bill was sponsored by Cal Cities (formerly League of California Cities). A copy of Cal Cities’ June 14, 2023, letter is attached to this Report for reference.

STRATEGIC PLAN INITIATIVE:

An increase to the City Council’s compensation would support the City Council’s Goal of an effective and culturally responsive government.

3 Effective January 1, 2024.
4 All of the salary figures for these six cities and population counts for all of the cities and counties in this chart are from 2022 and are taken from the California State Controller’s “Government Compensation in California” website:
https://publicpay.ca.gov/Reports/PositionRpts.aspx?year=2022&rpt=1 .

Salinas’s population is listed at 159,475.
5 The comparator cities are those used by the City of Salinas for its recent compensation survey.

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DEPARTMENTAL COORDINATION:

The City Attorney’s Office, City Manager’s Office, City Clerk’s Office, and Finance Department coordinated on this Report and draft Ordinance.

FISCAL AND SUSTAINABILITY IMPACT:

An increase to the City Council’s compensation would have an impact to the City’s General Fund.

The total impact is dependent upon the increase approved by the City Council.

ATTACHMENTS:

Salinas City Council Resolution No. 11970
SB 329
Cal Cities’ June 14, 2023, Letter to Governor Newsom
Draft Ordinance

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

AN ORDINANCE AMENDING SALINAS MUNICIPAL CODE SECTION 2-01.02 TO

INCREASE COMPENSATION FOR THE MAYOR AND CITY COUNCIL MEMBERS

City Attorney Impartial Analysis

Consistent with Senate Bill 329 (Dodd), this Ordinance amends the Salinas Municipal Code to increase the compensation for the Mayor and City Council members.

WHEREAS, Salinas Charter Section 5.3 authorizes the City Council to be compensated in an amount permitted by State law for general law cities with the same population, with additional compensation for the Mayor; and

WHEREAS, Council members are currently receiving a monthly salary of $600 and the Mayor $800, with those amounts having been set in 1984; and

WHEREAS, on June 29, 2023, the Governor signed SB 329 into law, allowing for Council member pay increase in general law cities. The State Legislature last adjusted these amounts in 1984.

Effective January 1, 2024, Government Code section 36516 auth orizes up to $2,550 per month, based on Salinas’s population; and

WHEREAS, under the new law, Council member salaries may be increased beyond $2,550 per month if the increase does not exceed: (1) an amount equal to 5% for each calendar year from the last adjustment—in this case 1984 (not compounded); or (2) an amount equal to inflation since January 1, 2024, based on the CPI; and

WHEREAS, the City Council agrees with the author of SB 329, Senator Bill Dodd (D-Napa), that:

City Council members have one of the hardest jobs in California government. They deal with a wide range of issues, from street maintenance to emergency response duties. And all too often, they do this job with very little financial compensation.

No one runs for City Council in order to make money. But the low levels of pay make it much harder for them to balance their careers and personal obligations with the calling to serve their community. The Legislature has not raised the base pay amounts for City Council members since 1984. It’s time those amounts caught up with the present economic reality, especially with the rapid increase in inflation we’ve seen recently. Raising the pay wi ll also make it easier for members of marginalized communities to serve. City Councils should be reflective of the communities they represent, and I believe raising their compensation is an important step to achieving that equitable outcome.

WHEREAS, the City Council agrees with Cal Cities (formerly the League of California Cities), which supported SB 329 for the following reasons:

Page | 7
Lengthy time commitments and limited pay discourage many, especially low - income residents, single parents, people of color, a nd young people, from running for public office. For many, being a council member is a full-time commitment with part-time pay. Cal Cities is proud to sponsor this important legislation that lessens barriers for those interested in governing at the local l evel. This overdue reform is another tool communities can choose to use that can help ensure our city councils are reflective of the residents who live, work, and play in their communities.

WHEREAS, the cost of living in Salinas is extremely high. 6 In August 2022, an editorial in the Monterey County Weekly urged increasing compensation for city elected officials7; and

WHEREAS, a first reading of this Ordinance was held on _________________, 2023.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF SALINAS as follows:

SECTION 1. The above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

SECTION 2. Salinas Municipal Code section 2-01.02 is hereby amended to read as follows:

Sec. 2-01.02. City Councilmember compensation.

a. Effective January 1, 2024, Members of the city council shall receive as compensation for their services a monthly salary of _________________ dollars each and the mayor shall receive a monthly salary of ___________________ dollars.
b. The compensation set forth in this subsection (a) is exclusive of any amounts paid by the city for retirement, health, and other benefits, provided that the same benefits are available and paid by the city for its employees.
c. Compensation for the council and for the mayor may be increased beyond the amount provided for in this section by an ordinance or an amendment to this section, provided the total amount of compensation, and the percent of any increase, shall not exceed the compe nsation and increase as provided for in Government Code Section 36516. d. This ordinance does not and shall not provide for automatic future increases in the compensation.

SECTION 3. All ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict herewith are hereby repealed effective January 1, 2024, or the effective date of this Ordinance, whichever is later.

SECTION 4. Publication. The City Clerk shall cause a summary of this ordinance to be published once in a newspaper pu blished and circulated in Salinas within fifteen (15) days after adoption. (Salinas Charter Section 11.9)

6 https://www.sfgate.com/bayarea/article/salinas-ca-ranked-seventh-most-expensive-to-live-18467574.php 7 https://www.montereycountyweekly.com/opinion/local_spin/monterey-county-s-city-council-members-volunteer- we-should-pay-them/article_e93b1500-18ff-11ed-ace1-f3ae82571b6d.html Page | 8
SECTION 5. CEQA Compliance. The City Council’s adoption of this ordinance is not a project subject to environmental review under the California Environmental Quality Act (CEQA Guidelines section 15061(b)(3)).

SECTION 6.  Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

The Salinas City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, clause, and phase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 7.  Effective Date. This Ordinance will take effect thirty (30) days from and af ter its adoption.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

________________________________________
Kimbley Craig, Mayor

ATTEST:

__________________________________
Patricia M. Barajas, City Clerk

APPROVED AS TO FORM:

__________________________________
Christopher A. Callihan, City Attorney

RESOLUTION NO. 11970 ( N. C. S.)

A RESOLUTION OF THE COUNCIL OF SALINAS DECLARING

CANVASS OF RETURNS AND RESULT OF A SPECIAL

MUNICIPAL ELECTION
WHEREAS, by proceedings heretofore duly had and taken, a special municipal election was held in Salinas on November 6,. 1984; and
WHEREAS, said special municipal election was held on said date in accordance with law, and the votes thereat received and canvassed, and the returns thereof ascertained, determined and declared, in all respects as required by law;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF SALINAS as follows:

1. The City Clerk of Salinas is hereby instructed to enter this resolution on the minutes of this Council as a statement of the result of said election.

2. The total number of ballots cast in the City of Salinas at said special municipal election was 27, 400

3. That at said special municipal election so held on
November 6, 1984, there was 1 charter amendment proposed and placed on the ballot for the consideration of the electors of Salinas, and which said proposed charter amendment was submitted to the electors for a Yes or No vote on said proposed amendment substantially in the form that follows:

Shall Section 9 of the Charter of Salinas be amended to read:

Sec. 9. Same - Compensation.

The monthly salary of the Mayor and the
members of the City Council shall be
adopted by ordinance. The monthly
salary shall not exceed the amount
authorized by State law for cities of
a similar size; provided however, that
the salary of the Mayor may be set at
a higher amount than the salary of the
members of the City Council"?
YES 15, 216
NO 8, 924
4 That 15, 216 votes were cast in favor of the adoption of said Charter Amendment ( Measure E) by the electors of said City voting on said measure at said election; that 8, 924 votes 1-
were cast against said measure by the electors of said City voting on said Measure at said election; and that said proposed Charter Amendment ( Measure E) carried.

PASSED AND ADOPTED this 13th day of November ,
1984, by the following vote:

AYES: Councilmembers Paul D. Grennan, Russell Jeffries, Bill O' Brien, Phyllis Price
NOES: None
ABSENT: P4ayor James_ B. Barnes
ATTEST:

Mayor p.]ro item
2-

MONTEREY COUNTY

I ELECTION DEPARTMENT
408) 424- 7621. P. O. BOX 1848, 93902 - 201 MAIN STREET, SALINAS, CALIFORNIA 93901 ROSS J. UNDERWOOD BETTY L. BLOOMER
REGISTRAR OF VOTERS ASST. REGISTRAR OF VOTERS

C E R T I F I C A T I O N O F
STATEMENT OF VOTES CAST AT THE NOVEMBER 6, 1984 GENERAL ELECTION I, ROSS J. UNDERWOOD, Registrar of Voters of the County of Monterey, State of California, hereby certify that the attached STATEMENT OF VOTES CAST accurately reflect the total number of votes cast for each Candidate and/ or For and Against each Measure as submitted to the voters at the PRESIDENTIAL GENERAL ELECTION OF NOVEMBER 6, 1984 held within the County of Monterey and the many sub - jurisdictions within said County having consolidated their election with the aforementioned Presidential General Election.

I HEREBY SET MY HAND AND SEAL THIS 16TH DAY OF NOVEMBER 1984.

County of Monterey

SPECIAL MUNICIPAL ELECTION CITY OF ALINAS MAYOR/ COUNCIL SALARY 9 241
31 2751 23ti
punmoou/ 45- 72,
i^

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

June 14, 2023

The Honorable Gavin Newsom
Governor, State of California
1021 O Street, Suite 9000
Sacramento, CA 95814

RE: SB 329 (Dodd) Cities: City Council Members: Compensation.

Request for Signature

Dear Governor Newsom,

The League of California Cities (Cal Cities) requests your signature on SB 329 (Dodd), which would allow general law cities to adjust council member salaries for inflation. The Legislature has not raised the base pay amounts for City Councilmembers since 1984. SB 329 is a long overdue measure that would allow for city councils to increase council salaries to catch up to the present economic reality while also ensuring local government salary transparency.

Existing law sets a pay schedule that must be approved by the City Council through an ordinance or by the voters as a ballot measure. These amounts are determined by the population size of a city and set by state law. The lowest tier is cities up to 35,000 in population, with compensation up to three hundred dollars ($300) per month. The highest tier is cities with over 250,000 population, up to one thousand dollars ($1,000) per month.

However, these amounts have not been adjusted since 1984 despite significant increases in the cost of living.

Lengthy time commitments and limited pay discourage many, especially low-income residents, single parents, people of color, and young people, from running for public office.

For many, being a council member is a full-time commitment with part-time pay.

Cal Cities is proud to sponsor this important legislation that lessens barriers for those interested in governing at the local level. This overdue reform is another tool cities can choose to use that can help ensure our city councils are reflective of the residents who live, work, and play in their communities.

For these reasons, Cal Cities requests your signature on SB 329 (Dodd). If you have any questions, do not hesitate to contact me at (916) 658-8214.

Sincerely,

Johnnie Pina
Legislative Affairs, Lobbyist

cc: The Honorable Senator Bill Dodd
Christy Bouma, Legislative Affairs Secretary, Office of Governor Gavin Newsom Ronda Paschal, Deputy Legislative Secretary, Office of Governor Gavin Newsom

Senate Bill No. 329
CHAPTER 27
An act to amend Section 36516 of the Government Code, relating to local government. [ Approved by Governor June 29, 2023. Filed with Secretary of State June 29, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 329, Dodd. Cities: city council members: compensation.

Existing law authorizes a city council to enact an ordinance to provide each member of the city council a salary based upon the population of the city, as specified. Existing law authorizes that amount to be increased by the city council by an amount that does not exceed 5% for each calendar year from the operative date of the last adjustment of the salary that is in effect when the increase is enacted. Existing law provides for the procedures by which a city may enact ordinances.

This bill would increase the maximum amount of salary, based upon the population of the city, that may be approved by an ordinance passed by the city council, as specified. The bill would authorize the salary of council members to be increased beyond the specified maximums to an amount not exceeding the greater of either 5% for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted, or an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10% for each calendar year. The bill would require the city council to consider the adoption of an ordinance to increase council member compensation in open session during at least 2 regular meetings of the city council.

Digest Key
Vote: majority Appropriation: no Fiscal Committee: no Local Program: no Bill Text

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:

SECTION 1. The Legislature finds and declares all of the following:
(a) The compensation schedule for general law cities has not been adjusted since 1984, meaning that city council compensation has not kept pace with inflation.
(b) Allowing cities to adjust their compensation for inflation since 1984 may help city councils become more diverse because increased compensation can help individuals from across different income levels receive sufficient income from their service to help ensure that they can continue to serve the public and support their families.

SEC. 2. Section 36516 of the Government Code is amended to read:
36516. (a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2). (2) The salaries approved by ordinance under paragraph (1) shall be as follows:
(A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month.
(C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month.
(D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month.
(E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month.
(F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month. (3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance. (4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:
(A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. (B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year.
(5) No ordinance shall be enacted or amended to provide automatic future increases in salary. (b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner.
(c) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serves. If the other statute that authorizes the compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body. (d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees.
(e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section. (f) A city council member may waive any or all of the compensation permitted by this section. (g) (1) For the purposes of this section, a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council. (2) At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation. The ordinance shall not be adopted at the first meeting. (3) At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-705, Version: 1
Minutes
Approve minutes of November 7, 2023.

City of Salinas Printed on 11/9/2023Page 1 of 1
powered by Legistar™
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-702, Version: 1
Financial Claims
Approve financial claims report.

City of Salinas Printed on 11/9/2023Page 1 of 1
powered by Legistar™
Number Date Status
Transaction
Amount
470669 10/31/2023 Open $22,610.00
470670 10/31/2023 Open $102.16
470671 10/31/2023 Open $8,484.00
470672 10/31/2023 Open $10,041.30
470673 10/31/2023 Open $65.77
470674 10/31/2023 Open $441.60
470675 10/31/2023 Open $91.93
470676 10/31/2023 Open $1,026.06
470677 10/31/2023 Open $225.00
470678 10/31/2023 Open $8,996.18
470679 10/31/2023 Open $689.54
470680 10/31/2023 Open $1,216.43
470681 10/31/2023 Open $1,667.24
470682 10/31/2023 Open $3,452.99
470683 10/31/2023 Open $2,329.51
470684 10/31/2023 Open $132.50
470685 10/31/2023 Open $100.00
470686 10/31/2023 Open $709.13
470687 10/31/2023 Open $89.70
470688 10/31/2023 Open $10.00
470689 10/31/2023 Open $451.87
470690 10/31/2023 Open $3,565.00
470691 10/31/2023 Open $2,345.92
470692 10/31/2023 Open $28,037.50
470693 10/31/2023 Open $68,385.69
470694 10/31/2023 Open $88.75
470695 10/31/2023 Open $364.04
470696 10/31/2023 Open $100.00
470697 10/31/2023 Open $5,000.00
470698 10/31/2023 Open $2,520.00
470699 10/31/2023 Open $1,082.17
470700 10/31/2023 Open $2,181.62
470701 10/31/2023 Open $38,259.57
470702 10/31/2023 Open $100.00
470703 10/31/2023 Open $1,650.04
470704 10/31/2023 Open $4,975.00
470705 10/31/2023 Open $4,449.09
470706 10/31/2023 Open $366.58
470707 10/31/2023 Open $9,454.29
470708 10/31/2023 Open $31,500.00
470709 10/31/2023 Open $4,295.50
470710 10/31/2023 Open $10.98
470711 10/31/2023 Open $51,191.09
CSC Of Salinas
CSG Consultants
Community Homeless Solutions
Community Human Services Project
CPS HR Consulting
CivicPlus, LLC
CMP-1, Llc dba Boronda Manor
Coast Automotive Warehouse Inc
CDW-G
Chris Swinscoe
Cintas

CAL FIRE
Cal Line Equipment Company
California Water Service
Brodart Company
Bruce Bush
C & S Engineers, Inc.

Bear Electrical Solutions Inc
BFS Landscape Architects
Brent DeBorde
Arrowhead Forensics
Assured Aggregates Company Inc
Bauer Compressors Inc
Aramark Uniform & Career Apparel Group, Inc
Aramark Uniform & Career Apparel Group, Inc
Aromas Firefighters Association
Ana Rueda De Vidales dba JAV Language Solutions
Analgesic Services Inc
Andrew McLaughlin
Amazon.Com
American Supply Company
Amerigas
All Safe Security Alarm
Allstar Fire Equipment Inc
ALTEC INDUSTRIES, INC.

Alhambra and Sierra Spring DS Waters of America LP
Alhambra and Sierra Spring DS Waters of America LP
All Pets Hospital
Action Council of Monterey County, Inc.

Alco Water
Alexis Uribe
General Account - General Account
Check
ABAG Power Purchasing Pool
Ace Hardware
City of Salinas
Payment Register
From Payment Date: 10/31/2023 - To Payment Date: 11/8/2023 Payee Name
user: Josephine Fernandez Pages: 1 of 8 Thursday, November 9, 2023 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/31/2023 - To Payment Date: 11/8/2023 Payee Name
470712 10/31/2023 Open $6,730.86
470713 10/31/2023 Open $100.00
470714 10/31/2023 Open $100.00
470715 10/31/2023 Open $4,170.21
470716 10/31/2023 Open $100.00
470717 10/31/2023 Open $6,096.89
470718 10/31/2023 Open $100.00
470719 10/31/2023 Open $100.00
470720 10/31/2023 Open $537.90
470721 10/31/2023 Open $275,079.36
470722 10/31/2023 Open $340.00
470723 10/31/2023 Open $99,354.75
470724 10/31/2023 Open $4,950.00
470725 10/31/2023 Open $2,385.84
470726 10/31/2023 Open $5,123.51
470727 10/31/2023 Open $2,730.00
470728 10/31/2023 Open $12,000.00
470729 10/31/2023 Open $7,703.08
470730 10/31/2023 Open $18,525.70
470731 10/31/2023 Open $53,295.07
470732 10/31/2023 Open $402,184.35
470733 10/31/2023 Open $2,381.70
470734 10/31/2023 Open $1,525.68
470735 10/31/2023 Open $100.00
470736 10/31/2023 Open $460.63
470737 10/31/2023 Open $4,808.11
470738 10/31/2023 Open $284,325.11
470739 10/31/2023 Open $3,288.42
470740 10/31/2023 Open $49,683.01
470741 10/31/2023 Open $5,012.50
470742 10/31/2023 Open $100.00
470743 10/31/2023 Open $5,000.00
470744 10/31/2023 Open $100.00
470745 10/31/2023 Open $767.89
470746 10/31/2023 Open $1,638.09
470747 10/31/2023 Open $600.88
470748 10/31/2023 Open $100.00
470749 10/31/2023 Open $940.28
470750 10/31/2023 Open $100.00
470751 10/31/2023 Open $100.00
470752 10/31/2023 Open $100.00
470753 10/31/2023 Open $100.00
470754 10/31/2023 Open $1,536.56
Jesse Pinon
John Wider
Johnson Associates
Jamar Technologies
James Knowlton
Jeff Gibson
Ingram Book Company
Iteris Inc
Jacqueline Pacelli
Hemi's Landscaping and Concrete Inc
Henry Gomez
Hydro Turf
Harris and Associates
HdL Coren & Cone
Heath Johnson
Golden State Emergency Vehicle Service Inc
Granite Construction Company
Granite Rock Co
First Alarm
Gabriel Hernandez
Genuine Parts Company dba NAPA Auto Parts
ESRI
F C And Sons Roofing Inc
Fastenal Company
El Sistema USA/Salinas, Inc dba YOSAL
Ennis-Flint, Inc
Environmental Systems, Inc of Northern California
East Bay Tire Company
Eden Council for Hope and Opportunity
Edward P Mercurio Dba Ed Mercurio Biological Consu
Don Chapin Inc
E2 Consulting Engineers, Inc
Earth & Water Law, LLC
David Poulin
Dell Marketing LP
Dell Marketing LP
Dave Shaw
Davgp, Inc. dba Salinas Valley Tire
David L Crabill
Dana Cornelison
Daniel David Green
Dataflow Business Systems Inc
Dale Fors
user: Josephine Fernandez Pages: 2 of 8 Thursday, November 9, 2023 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/31/2023 - To Payment Date: 11/8/2023 Payee Name
470755 10/31/2023 Open $100.00
470756 10/31/2023 Open $79.00
470757 10/31/2023 Open $367.35
470758 10/31/2023 Open $250.00
470759 10/31/2023 Open $7,763.00
470760 10/31/2023 Open $446.37
470761 10/31/2023 Open $100.00
470762 10/31/2023 Open $13.11
470763 10/31/2023 Open $75,820.00
470764 10/31/2023 Open $6,100.49
470765 10/31/2023 Open $4,326.00
470766 10/31/2023 Open $100.00
470767 10/31/2023 Open $984.86
470768 10/31/2023 Open $2,000.00
470769 10/31/2023 Open $100.00
470770 10/31/2023 Open $100.00
470771 10/31/2023 Open $303.29
470772 10/31/2023 Open $467.73
470773 10/31/2023 Open $780.00
470774 10/31/2023 Open $8,820.00
470775 10/31/2023 Open $100.00
470776 10/31/2023 Open $449.73
470777 10/31/2023 Open $12,868.77
470778 10/31/2023 Open $97.85
470779 10/31/2023 Open $5,212.16
470780 10/31/2023 Open $2,517.50
470781 10/31/2023 Open $3,165.50
470782 10/31/2023 Open $610.75
470783 10/31/2023 Open $22,597.44
470784 10/31/2023 Open $640,176.34
470785 10/31/2023 Open $56.76
470786 10/31/2023 Open $769.49
470787 10/31/2023 Open $100.00
470788 10/31/2023 Open $3,355.64
470789 10/31/2023 Open $342.35
470790 10/31/2023 Open $915.62
470791 10/31/2023 Open $14,421.31
470792 10/31/2023 Open $3,445.00
470793 10/31/2023 Open $3,000.00
470794 10/31/2023 Open $1,886.00
470795 10/31/2023 Open $1,542.00
470796 10/31/2023 Open $255.75
470797 10/31/2023 Open $398.68Quality Water Enterprises Inc dba Culligan Water Plaza Grande LP
Precision Civil Engineering, Inc.

Pure Water
Partners For Peace
Pedro C Estrada Dba Estrada Janitorial Service
PJ Trucking Academy LLC
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Office Depot Business Service Division
One Workplace L Ferrari, LLC dba Peninsula Busines
Oscar Dydasco
Monterey County Weekly
Natividad Medical Foundation
Norcal Contractor
MissionSquare Retirement
MNS Engineers, Inc
Molinari Properties
Midwest Tape, LLC dba Midwest Tape
MILPA
Mission Communications, LLC
Meals On Wheels of the Salinas Valley, Inc
Meyers and Nave
Michael Groves
Martin Persijn
MAS Modern Marketing, Inc
MCSI Water Systems Management
Lawson Products, Inc
Leon De Asis
Mark Freedman
Kyle Daniels
Kysmet Security & Patrol
Lance Miraco
Kevin Skinner
Kimball Midwest
Kimley Horn And Assoc Inc
Jose Reyes dba The Tint Shop
JS Inc dba Steinbeck Lodge
Kelly-Moore Paint Company
Jonathan Barnes
Jose J Quintor Hernandez
Jose Luis Corral dba Salinas Pizza
user: Josephine Fernandez Pages: 3 of 8 Thursday, November 9, 2023 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/31/2023 - To Payment Date: 11/8/2023 Payee Name
470798 10/31/2023 Open $1,923.90
470799 10/31/2023 Open $3,054.08
470800 10/31/2023 Open $1,449.32
470801 10/31/2023 Open $10,342.00
470802 10/31/2023 Open $1,973.00
470803 10/31/2023 Open $100.00
470804 10/31/2023 Open $100.00
470805 10/31/2023 Open $485.00
470806 10/31/2023 Open $96.22
470807 10/31/2023 Open $101.00
470808 10/31/2023 Open $150.00
470809 10/31/2023 Open $72,222.13
470810 10/31/2023 Open $45.00
470811 10/31/2023 Open $1,569.06
470812 10/31/2023 Open $100.00
470813 10/31/2023 Open $100.00
470814 10/31/2023 Open $592.91
470815 10/31/2023 Open $100.00
470816 10/31/2023 Open $3,902.50
470817 10/31/2023 Open $100.00
470818 10/31/2023 Open $67,794.67
470819 10/31/2023 Open $100.00
470820 10/31/2023 Open $186.54
470821 10/31/2023 Open $1,398.81
470822 10/31/2023 Open $1,665.63
470823 10/31/2023 Open $100.00
470824 10/31/2023 Open $100.00
470825 10/31/2023 Open $545.00
470826 10/31/2023 Open $100.00
470827 10/31/2023 Open $100.00
470828 10/31/2023 Open $17,000.00
470829 10/31/2023 Open $100.00
470830 10/31/2023 Open $236.15
470831 10/31/2023 Open $3,627.22
470832 10/31/2023 Open $15,012.01
470833 10/31/2023 Open $375.10
470834 10/31/2023 Open $48,733.85
470836 10/31/2023 Open $1,731.07
470837 10/31/2023 Open $745.68
470838 10/31/2023 Open $4,875.30
470839 10/31/2023 Open $40,268.80
470840 10/31/2023 Open $362.29
470841 10/31/2023 Open $1,367.91
Walmart c/o Capitol One
WCDJR LLC dba Watsonville Chrysler Dodge Jeep Ram
W&M Marketing Group Inc dba B-Impressed Branding
Wald, Ruhnke & Dost Architects, LLP
Wallace Group A California Corporation
United Site Services
Urban Field Studio Oakland
W W Grainger Inc
Tri County Fire Protection
Trowbridge Enterprises dba Palace Art and Office S
U.S. Bank National Association ND
Terry Gerhardstein
The Pun Group, LLP
Todd Swinscoe
Suzanne Cottle-Gavalla
Target Pest Control
Ted Koch
Stommel Inc dba Lehr
Sturdy Oil Company
Suthided Livingston
Smith and Enright Landscaping
Stanley Cooper
Star Sanitation Services
Sheldon Bryan
Shepard AV LLC dba McCune Audio Visual Lighting
Simon Jimenez
Scott Myhre
Scott Tyler
Sentry Alarm System
Salinas Valley Ford Inc
Same Day Shred
San Lorenzo Lumber
Ruth Maria Milla-Leon dba Andersen's Lock & Safe
Safety-Kleen Systems, Inc.

Salinas Regional Sports Authority
Richard Maldonado
Ricky Williams
Russell Auria Pest Control Services
Rain For Rent
Rancho Cielo Youth Center
Regional Government Services
Quetel Corporation
Quinn Rental Services
user: Josephine Fernandez Pages: 4 of 8 Thursday, November 9, 2023 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/31/2023 - To Payment Date: 11/8/2023 Payee Name
470842 10/31/2023 Open $25,218.36
470843 10/31/2023 Open $401.20
470844 10/31/2023 Open $9,176.98
470845 10/31/2023 Open $521.00
470846 10/31/2023 Open $67.50
470847 10/31/2023 Open $107.25
470848 10/31/2023 Open $351.00
470849 10/31/2023 Open $151.00
470850 11/07/2023 Open $2,539.84
470851 11/07/2023 Open $389.53
470852 11/07/2023 Open $112.61
470853 11/07/2023 Open $31.36
470854 11/07/2023 Open $27,431.67
470855 11/07/2023 Open $150.00
470856 11/07/2023 Open $1,754.22
470857 11/07/2023 Open $16,080.76
470858 11/07/2023 Open $1,582.16
470859 11/07/2023 Open $265.00
470860 11/07/2023 Open $274.63
470861 11/07/2023 Open $303.33
470862 11/07/2023 Open $6,603.00
470863 11/07/2023 Open $11,739.44
470864 11/07/2023 Open $13.04
470865 11/07/2023 Open $1,650.00
470866 11/07/2023 Open $3,598.64
470867 11/07/2023 Open $2,219.75
470868 11/07/2023 Open $2,800.00
470869 11/07/2023 Open $2,892.67
470870 11/07/2023 Open $719.93
470871 11/07/2023 Open $3,455.72
470872 11/07/2023 Open $283.00
470873 11/07/2023 Open $1,576.11
470874 11/07/2023 Open $23,925.93
470875 11/07/2023 Open $185.91
470876 11/07/2023 Open $54.11
470877 11/07/2023 Open $354.90
470878 11/07/2023 Open $404.89
470879 11/07/2023 Open $867.83
470880 11/07/2023 Open $958.58
470881 11/07/2023 Open $2,106.49
470882 11/07/2023 Open $821.98
470883 11/07/2023 Open $9,303.75
470884 11/07/2023 Open $10,064.19
Don Chapin Inc
East Bay Tire Company
Eden Council for Hope and Opportunity
Consolidated Electrical Distributors, Inc.

CSC Of Salinas
Dataflow Business Systems Inc
Comcast (Business)
Comcast (Business)
Commercial Truck Company
Cintas
Civica Law Group, APC
Coast Automotive Warehouse Inc
Canon Financial Services Inc
CDW-G
Chelsea Protasio
Cagwin & Dorward, LLC

CAL FIRE
California Water Service
AutoZone West Inc
Borchard Farms
Cadence Team, Inc
Asap Alisal Signs And Printing
Assured Aggregates Company Inc
AT and T
Amerigas
Analgesic Services Inc
Aramark Uniform & Career Apparel Group, Inc
All Safe Security Alarm
Amazon.Com
American Supply Company
Ace Hardware
Alco Water
Alco Water
South Bay Regional Public Safety
4 Imprint
72 Hour LLC dba Chevrolet of Watsonville/National
Erik Bautista
Robert Zuniga
Sergio Ponce
Worldpac
YWCA of Monterey County
Ana Jacinto
Words Studio LLC
user: Josephine Fernandez Pages: 5 of 8 Thursday, November 9, 2023 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/31/2023 - To Payment Date: 11/8/2023 Payee Name
470885 11/07/2023 Open $1,076.60
470886 11/07/2023 Open $42.91
470887 11/07/2023 Open $3,298.00
470888 11/07/2023 Open $404.44
470889 11/07/2023 Open $2,723.00
470890 11/07/2023 Open $7,315.00
470891 11/07/2023 Open $1,856.16
470892 11/07/2023 Open $1,723.32
470893 11/07/2023 Open $943.74
470894 11/07/2023 Open $250.00
470895 11/07/2023 Open $250.00
470896 11/07/2023 Open $6,591.78
470897 11/07/2023 Open $850.00
470898 11/07/2023 Open $318.62
470899 11/07/2023 Open $1,393.73
470900 11/07/2023 Open $5,557.79
470901 11/07/2023 Open $2,042.98
470902 11/07/2023 Open $1,367,231.78
470903 11/07/2023 Open $412.97
470904 11/07/2023 Open $1,510.00
470905 11/07/2023 Open $11,984.65
470906 11/07/2023 Open $6,371.34
470907 11/07/2023 Open $11.71
470908 11/07/2023 Open $2,520.00
470909 11/07/2023 Open $4,860.00
470910 11/07/2023 Open $253.83
470911 11/07/2023 Open $2,300.00
470912 11/07/2023 Open $32.23
470913 11/07/2023 Open $56.25
470914 11/07/2023 Open $502.55
470915 11/07/2023 Open $3,264.50
470916 11/07/2023 Open $295.13
470917 11/07/2023 Open $1,334.70
470918 11/07/2023 Open $320.00
470919 11/07/2023 Open $37,650.55
470920 11/07/2023 Open $23,210.53
470921 11/07/2023 Open $609.79
470922 11/07/2023 Open $510.00
470923 11/07/2023 Open $565.65
470924 11/07/2023 Open $4,640.02
470925 11/07/2023 Open $1,436.40
470926 11/07/2023 Open $40.00
470927 11/07/2023 Open $430.89My Jeep
Life Assist
Mission Communications, LLC
Monterey Transfer and Storage Inc
Lawson Products, Inc
Leticia A Ramirez dba Happymex LLC
LexisNexis Risk Data Management Inc Accurint Acct
Kronos Incorporated
L.C. Action
L.N. Curtis & Sons
Karla's Janitorial & Suppliers, LLC
Kelly-Moore Paint Company
Kimball Midwest
Johnson Associates
Jose Luis Corral dba Salinas Pizza
Julio Gil dba Central Coast Sign & Design
Jayson F. Cardinalli dba Clean Brothers
Jesse And Evan Inc dba La Plaza Bakery
Jimmy Vanhove dba Precision K9
Home Depot Credit Services
Homer T Hayward Lumber Co dba Hayward Lumber
Hope Services
Granite Rock Co
Green Line Liquid Waste
Harris and Associates
Golden State Truck and Trailer Repair
Granite Construction Company
Granite Construction Company
Glasswork by Design
Gold Star Motors dba Gold Star Buick GMC
Golden State Emergency Vehicle Service Inc
First American Title Insurance Company
First American Title Insurance Company
Geveko Markings Inc
Fastenal Company
Ferguson US Hodings, Inc dba Ferguson Enterprises
First Alarm
Ennis-Flint, Inc
ESO Solutions Inc
ESRI
Eden Housing Inc
Edges Electrical Group, LLC
Engie Services U.S. Inc.
user: Josephine Fernandez Pages: 6 of 8 Thursday, November 9, 2023 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/31/2023 - To Payment Date: 11/8/2023 Payee Name
470928 11/07/2023 Open $124.00
470929 11/07/2023 Open $225.00
470930 11/07/2023 Open $4,997.10
470931 11/07/2023 Open $442.56
470932 11/07/2023 Open $4,741.00
470933 11/07/2023 Open $275.00
470934 11/07/2023 Open $24,152.69
470935 11/07/2023 Open $467.61
470936 11/07/2023 Open $5,360.44
470937 11/07/2023 Open $59,615.00
470938 11/07/2023 Open $420.00
470939 11/07/2023 Open $667.50
470940 11/07/2023 Open $4,400.00
470941 11/07/2023 Open $41.08
470942 11/07/2023 Open $126.82
470943 11/07/2023 Open $171.21
470944 11/07/2023 Open $1,604.16
470945 11/07/2023 Open $85.66
470946 11/07/2023 Open $336.80
470947 11/07/2023 Open $5,000.00
470948 11/07/2023 Open $2,284.22
470949 11/07/2023 Open $16,323.79
470950 11/07/2023 Open $317,099.74
470951 11/07/2023 Open $180.00
470952 11/07/2023 Open $23,178.74
470953 11/07/2023 Open $800.00
470954 11/07/2023 Open $3,526.00
470955 11/07/2023 Open $5,451.33
470956 11/07/2023 Open $3,328.19
470957 11/07/2023 Open $40.22
470958 11/07/2023 Open $404.70
470959 11/07/2023 Open $346.25
470960 11/07/2023 Open $3,280.73
470961 11/07/2023 Open $7,336.75
470962 11/07/2023 Open $967.56
470963 11/07/2023 Open $108.41
470964 11/07/2023 Open $163.28
470965 11/07/2023 Open $292.52
470966 11/07/2023 Open $178.50
470967 11/07/2023 Open $353.16
470968 11/07/2023 Open $4,200.00
470969 11/07/2023 Open $147.99
470970 11/07/2023 Open $240.75
Devin Kile
Eric Rodriguez
Troy Orozco
Anthony Rocha
Dave R Ball dba Motor Squad Training Institute
Worldpac
Jorge Alberto Marin
Juan Carlos Marquez
Verizon Wireless
W W Grainger Inc
WCDJR LLC dba Watsonville Chrysler Dodge Jeep Ram
United Parcel Service
USA BlueBook
Valley Saw Shop
Terry Dixon dba Dixon Properties
TK Elevator Corporation
Twining, Inc
Target Pest Control
TEF Architecture & Interior Design, Inc dba TEF De
Tehama Golf Club LLC
SpeakWrite LLC
Sturdy Oil Company
Sun Rose Housing, LLC
San Lorenzo Lumber
Sayler Legal Service
Simplot AB Retail Sub Inc
Quinn Company
RDO Equipment Company
Republic Services of Salinas
PLM Lender Services Inc
Prime Actuarial Consulting, LLC dba Bickmore Actua
Quality Water Enterprises Inc dba Culligan Water
Pape Machinery, Inc.

Pedro C Estrada Dba Estrada Janitorial Service
Peninsula Messenger, LLC
Operation Freedom Paws
Pacific Gas and Electric Company
Pacific Gas and Electric Company
Nutrien Ag Solutions, Inc
Office Depot Business Service Division
Online Web Services US, Inc
Natividad Medical Center
New SV Media
user: Josephine Fernandez Pages: 7 of 8 Thursday, November 9, 2023 Number Date Status
Transaction
Amount
General Account - General Account
Check
City of Salinas
Payment Register
From Payment Date: 10/31/2023 - To Payment Date: 11/8/2023 Payee Name
470971 11/07/2023 Open $350.00
470972 11/07/2023 Open $168.50
470973 11/07/2023 Open $350.00
470974 11/07/2023 Open $272.50
470975 11/07/2023 Open $475.00
$4,907,275.37
MII Training Innovations, LLC
Type Check Totals:

General Account - General Account Totals
Martina Byler
Raul Rosales
Victoria Ramirez
Jared Reyes
user: Josephine Fernandez Pages: 8 of 8 Thursday, November 9, 2023 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-653, Version: 1
2nd reading, Zoning Code Amendment 2023-001; Amend Zoning Code Section 37-50.090 (Fences, Walls, and Hedges) of Chapter 37 of the Salinas Municipal Code (Zoning Code) to modify the application process for electrically-charged wires and fences in the Industrial General (IG) Zoning District and other subsections of Section 37-50.090
Consider finding Zoning Code Amendment 2023-001 categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305 and adopt an Ordinance amending Chapter 37 of the Salinas Municipal Code (Zoning Code) to modify the application process for electrically-charged wires and fences in the Industrial General (IG) Zoning District and other subsections of Section 37-50.090.

City of Salinas Printed on 11/9/2023Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: NOVEMBER 7, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: COURTNEY GROSSMAN, PLANNING MANAGER
BY: THOMAS WILES, SENIOR PLANNER
TITLE: ZONING CODE AMENDMENT 2023-001; AMEND ZONING CODE SECTION 37 -50.090 (FENCES, WALLS, AND HEDGES) OF
CHAPTER 37 OF THE SALINAS MUNICIPAL CODE (ZONING

CODE) TO MODIFY THE APPLICATION PROCESS FOR

ELECTRICALLY-CHARGED WIRES AND FENCES IN THE

INDUSTRIAL GENERAL (IG) ZONING DISTRICT AND OTHER
SUBSECTIONS OF SECTION 37-50.090
RECOMMENDED MOTION:

A motion finding Zoning Code Amendment 2023 -001 categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305 and adopt ing an Ordinance amending Chapter 37 of the Salinas Municipal Code (Zoning Code) to modify the application process for electrically-charged wires and fences in the Industrial General (IG) Zoning District and other subsections of Section 37-50.090.

EXECUTIVE SUMMARY:

Chapter 37, Article VI, Division 14 provides for a process whereby all Zoning Code Amendments are brought before the City Council for a final decision. The proposed Zoning Code Amendment (ZCA) would modify the application process from a Conditional Use Permit to a Building Permit for electrically-charged wires and fences in the Industrial General (IG) Zoning District and modify Section 37-50.090(l)(4) to change the wording of the prohibited locations of electrically -charged wires or fences from “adjacent” to “contiguous” to existing or planned residential development , thereby allowing consideration of said fences located across the street from existing or planned residential development.

Page | 2
BACKGROUND:

Zoning Code Amendment 2 023-001 (ZCA 2023 -001) would amend Zoning Code Section 37 -

50.090 (Fences, Walls, and Hedges) to modify the application process for electrically -charged wires or fences in the Industrial General (IG) Zoning District and other subsections of Section 37-

50.090. Currently, Zoning Code Section 37 -50.090(l)(3) only permits electrically-charged wires or fences in the following Zoning Districts: Industrial General (IG), Industrial -Business Park (IBP), and the Industrial-General Commercial (IGC) Zoning Districts. Zoning Code Sections 37-

50.090(k)(2) and (l)(1) require that all electrically -charged wires or fences obtain a Conditional Use Permit (CUP). Subsequently, a building permit is required.

Amarok Security Inc. is requesting that the City revise the Zoning Co de concerning electrically- charged wires or fences. The proposed Zoning Code Amendment would remove the requirement to obtain a CUP for electrically -charged wires or fences in the Industrial General (IG) Zoning District and only require issuance of a buil ding permit. A CUP would still be required for electrically-charged wires or fences in both the IBP and the IGC Zoning Districts. The Amendment would also revise Zoning Code Section 37-50.090(l)(4), to change the wording of the prohibited locations of el ectrically-charged wires or fences from “adjacent” to “contiguous” to existing or planned residential development. “Contiguous” would allow consideration of electrically-charged wires or fences on sites located across the street from existing or planned residential development rather than be prohibited per the current term “adjacent.” On October 18, 2023, the Planning Commission recommended that the City Council find Zoning Code Amendment 2023-001 exempt from the California Environmental Quality Act (CEQA) and recommended that the Council approve the Amendment (see attached Planning Commission Resolution 2023 -11). A public hearing notice for the scheduled City Council meeting on November 7, 2023, regarding the proposed Amendment was published in the Monterey Herald on October 26, 2023.

Analysis:

The Amendment would modify Zoning Code Section 37-50.090 to change the application process from a CUP to a building permit for electrically-charged wires or fences in the Industrial General (IG) Zoning District and modify Section 37 -50.090(l)(4) to change the wording of the prohibited locations of electrically -charged wires or fences from “adjacent” to “contiguous” to existing or planned residential development. “Contiguous” would allow consideration of electrically-charged wires or fences on sites located across the street from existing or planned residential development rather than be prohibited per the current term “adjacent.” The Amendment is shown below (changes in strikethrough/underline format):

“(d) Location and Maximum Height. The maximum height of fences, walls, and hedges in required yards (also see Section 37-50.090(e): Required Walls) shall be as follows:

Page | 3
(1) Residential and Agricultural Districts (See Figure 37-50.20). (A) Front yards: three feet;
(B) Corner side yards:
(i) Within ten feet of a corner side property line: three feet, or (ii) If setback a minimum of ten feet from the corner side yard property line: eight feet. Such a fence, wall, or hedge may extend along the corner side yard portion of the lot as well as the length of the house until the fence, wall, or hedge meets the required front yard setback.

At no time shall such fence, wall, or hedge encroach into any area of unrestricted visibility as specified in Section 37 -50.460:

Driveway and corner visibility;
(C) Interior side or rear yards: eight feet.
(2) Commercial and Mixed Use Districts.
(A) Front yards and corner side yards and within required landscape planters adjoining a street pursuant to Section 37-50.690(g)(2)(A): three feet; (B) Interior side and rear yards: eight feet.

(3) Industrial Districts.

Page | 4
(A) Front yards and corner side yards and within required landscape planters adjoining a street pursuant to Section 37-50.690(g)(2)(A): three feet if sight- obscuring. If nonsight-obscuring and set back a minimum of ten feet from the front or corner side yard property line: eight feet, except that electrically- charged wires or fences, subject to the approval of a conditional use permit or a building permit in accordance with Section 37 -50.090(l), shall not exceed a maximum height of ten feet;
(B) Interior side and rear yards: eight feet, except that electrically-charged wires or fences, subject to the approval of a conditional use permit or a building permit in accordance with Section 37 -50.090(l), shall not exceed a maximum height of ten feet.
(4) Public/Semipublic, Parks and Open Space Districts. The maximum height of fences, walls, and hedges in required yards shall be determined at the time of the approval of the site plan review or conditional use permit (as required by the applicable zoning district) for the principal use where the fence, wall or hedge is proposed to be located. If no such approval is required under the applicable zoning district or if the principal use is existing and no use, building or site modifications are proposed for the site other than the inst allation of a fence, wall, or hedge, the city planner shall make the determination of the maximum fence, wall, or hedge height permitted for the site based on site conditions, use of the site, and surrounding uses and zoning districts.
(5) New Urbanism Districts. Fences, walls, and hedges located on properties in the new urbanism (NU) districts shall be subject to the requirements of Article III, Division 8: New Urbanism (NU) Districts.”
“(k) Prohibited Fences.
(1) No barbed wire or razor wire or similar fencing is permitted in any district, except that barbed wire may be allowed for security or safety purposes in the IG (General Industrial) district (when not visible from an arterial, collector street, or U.S.

Highway 101), and in the IBP (Industrial -Business Park), and in the IGC (Industrial-General Commercial) districts if not visible from any public right -of- way subject to the approval of a Site Plan Review.
(2) No electrically-charged wires or fences are permitted in any district, except that electrically-charged wires or fences may be allowed for security purposes in the IG (Industrial General), IBP (Industrial -Business Park) and IGC (Industrial -General Commercial) districts subject to the approval of a conditional use permit in accordance with Section 37-50.090(l). Electrically-charged wires or fences may be Page | 5
allowed for security purposes in the IG (Industrial General) subject to the approval of a building permit per Section 37-50.090(l)(2).
(3) Chain link fencing shall be prohibited in any front or corner side yard or in any required landscape planter pursuant to Section 37-50.690(g)(2)(A) in an R, C or MU district.
(l) Electrically-Charged Wires and Fences. It shall be unlawful for any person to install, maintain, or operate any electrically-charged wires or fences in violation of this section. (1) Conditional Use Permit Required. A conditional use permit, issued in accordance with Article VI, Division 8, C onditional Use Permits , shall be required for all electrically-charged wires or fences., except in the IG (Industrial-General) wherein a building permit is required per Section 37 -50.090(l)(2). Conditional use permit and building permit applications for electrically -charged wires or fences shall be subject to review and approval by the fire chief, the police chief, the building official, the city engineer, and the city planner, or their designees, and shall be subject to conditions as deemed reasonable and appropriate to ensure the protection of public health, safety, and welfare.
(2) Building Permit Required. A building permit, issued in accordance with Chapter 9 of the City Code, shall be obtained prior to installation of electrically-charged wires or fences. Applicable listing(s) along with other pertinent information and applications shall be provided to the building official prior to approval for building permit issuance.
(3) Allowable Zoning Districts. Installation of electrically -charged wires or fences is limited to the following zoning districts: IG (Industrial -General), IBP (Industrial- Business Park), and IGC (Industrial-General Commercial). (4) Location. Electrically-charged wires or fences shall be prohibited on sites adjacent contiguous to existing or planned residential development. (5) Public Access. Electrically-charged wires or fences shall be restricted to sites with limited public access.
(6) Security Purposes. Electrically-charged wires or fences may be allowed for security purposes only including, but not limited to, equipment, vehicles, and the like in outdoor storage areas.
(7) Energizer Requirements. The energizer for electrically -charged wires or fences shall be driven by a commercial storage battery not to exceed 12 volts direct current.

The storage battery shall be charged primarily by a solar panel. However, the solar panel may be augmented by a commercial trickle charger.

Page | 6
(8) Maximum Height. Electrically -charged wires or fences shall not exceed a maximum height of ten feet.
(9) Perimeter Fence or Wall. Perimeter fencing shall be required for all electrically - charged wires or fences as follows:
(A) A perimeter fence or wall a minimum of six feet in height shall be installed on the exterior side (the side facing the abutting public right-of-way and/or abutting properties) of any and all electrically-charged wires or fences. (B) The perimeter fence or wall shall be in conformance with requirements including, but not limited to, height and setbacks pursuant to Section 37-

50.090.
(C) The perimeter fence or wall shall be in conformance with the industrial design standards pursuant to Section 37-30.330 or public/semipublic design standards pursuant to Section 37 -30.400, as applicable depending on the zoning district.
(10) Minimum Safe Distance Between Fences. Electrically -charged wires or fences shall be installed a minimum distance of at least twelve inches from the perimeter wall or fence as a safety measure to prevent contact with the electrically -charged wires or fences from the perimeter fence or wall.
(11) Warning Signs. Electrically-charged wires or fences shall be clearly identified with warning signs, on both sides of the electrically-charged wires or fences, at intervals of not greater than sixty feet. Th e warning signs shall contain the words "Warning—Electric Fence" in both English and Spanish and shall include the international safety symbol that signifies "Caution, Risk of Electric Shock/High Voltage."
(12) Knox Box. A "Knox Box" or other similar devise approved by the fire department and the police department shall be installed for emergency access purposes. The "Knox Box" shall be designed such that activation of the "Knox Box" will de - energize the electrically-charged wires or fences.
(13) Automatic De-energizing. Electrically-charged wires or fences shall be designed to automatically de-activate/de-energize upon manual cutting of the wires. (14) Hours of Operation. Electrically -charged wires or fences shall not be allowed in operation when the uses are open to the public.

Page | 7
(15) Prevention of Fire Hazards. All weeds, brush, trees, and other vegetation in proximity to any electrically-charged wires or fences shall be maintained such that they will not pose a fire hazard, as determined by the fire department.”

Findings in support of the 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 Public Safety wherein community safety may be improved using a broad range of proactive approaches.

DEPARTMENTAL COORDINATION:

The Community Development Department and the City Attorney’s Office coordinated the preparation of the ZCA.

FISCAL AND SUSTABILITY IMPACT:

There is no direct funding impact associated with this Amendment.

ATTACHMENTS:

Draft City Council Ordinance
Planning Commission Resolution 2023-11
Draft October 18, 2023 Planning Commission Minutes
October 18, 2023 Planning Commission Staff Report without attachments

ORDINANCE NO. ________ (N.C.S)

AN ORDINANCE AMENDING SECTION 37-50.090 (FENCES, WALLS, AND HEDGES) OF CHAPTER 37 OF THE SALINAS MUNICIPAL CODE (ZONING CODE) TO

MODIFY THE APPLICATION PROCESS FOR ELECTRICALLY-CHARGED WIRES

AND FENCES IN THE INDUSTRIAL GENERAL (IG) ZONING DISTRICT AND OTHER SUBSECTIONS OF SECTION 37-50.090
(ZCA 2023-001)

WHEREAS, on November 7, 2006, the Salinas City Council, adopted Ordinance Number 2463 replacing the then 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 continued Zoning Code Amendment 2023-001 to the October 18, 2023 public hearing; and

WHEREAS, on October 18, 2023, at a duly noticed public hearing, the Salinas Planning Commission recommended that the City Council introduce and adopt Zoning Code Amendment 2023-001, which amends Section 37-50.090 (Fences, Walls, and Hedges) of Chapter 37 of the Salinas Municipal Code (Zoning Code) to modify the application process for electrically-charged wires and fences in the Industrial General (IG) Zoning District and other subsections of Section 37-50.090; 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 -11 recommending that the City Council f inds Zoning Code Amendment 2023 -001 exempt from the California Environmental Quality Act (CEQA) and approve Zoning Code Amendment 2023-001; and

WHEREAS, on November 7, 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 amends Section 37-50.090 (Fences, Walls, and Hedges) of Chapter 37 of the Salinas Municipal Code ( Zoning Code) to modify the application process for electrically-charged wires and fences in the Industrial General (IG)

Zoning District and other subsections of Section 37-50.090 is categorically exempt f rom 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 2023-001:

1. The Amendment is consistent with the Salinas General Plan and other plans and policies adopted by the Salinas City Council.

The proposed Zoning Code Amendment would amend Section 37-50.090 (Fences, Walls, and Hedges) of Chapter 37 of the Salinas Municipal Cod e (Zoning Code) to modify the application process for electrically-charged wires and fences in the Industrial General (IG) Zoning District and other subsections of Section 37-50.090.

The proposed Zoning Code Amendment includes specific standards to ensure that the conditions under which electrically -charged wires or fences would be operated are consistent with the General Plan and Zoning Code, and would not be detrimental to the public health, safety, or welfare. As a result, ZCA 2023-001 would be consistent with the General Plan and Zoning Code.

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 proposed Zoning Code Amendment would amend Section 37-50.090 (Fences, Walls, and Hedges) of Chapter 37 of the Salinas Municipal Code (Zoning Code) to modify the application process for electrically-charged wires and fences in the Industrial General (IG) Zoning District and other subsections of Section 37-50.090.

As the General Plan does not specifically address electrically-charged wires or fences, the Zoning Code Amendment would not have the effect of reversing policies of the General Plan. There are no other plans and policies adopted by the Salinas City Council relating to electrically-charged wires or fences. As the Zoning Code Amendment is not site -specific, there are no known applicable Specific Plans.

3. The Amendment would not create an isolated district unrelated t o adjacent zoning districts.

The Zoning Code Amendment is an amendment to the text of the Zoning Code and would not rezone or create new zoning districts. Therefore, the Zoning Code Amendment would not create any isolated districts unrelated to adjacent 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 proposed 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 37-50.690 (d) and (k) to read as follows:

“(d) Location and Maximum Height. The maximum height of fences, walls, and hedges in required yards (also see Section 37-50.090(e): Required Walls) shall be as follows:
(1) Residential and Agricultural Districts (See Figure 37-50.20). (A) Front yards: three feet;
(B) Corner side yards:
(i) Within ten feet of a corner side property line: three feet, or (ii) If setback a minimum of ten feet from the corner side yard property line: eight feet. Such a fence, wall, or hedge may extend along the corner side yard portion of the lot as well as the length of the house until the fence, wall, or hedge meets the required front yard setback.

At no time shall such fence, wall, or hedge encroach into any area of unrestricted visibility as specified in Section 37 -50.460:

(3) Industrial Districts.
(A) Front yards and corner side yards and within required landscape planters adjoining a street pursuant to Section 37-50.690(g)(2)(A): three feet if sight- obscuring. If nonsight-obscuring and set back a minimum of ten feet from the front or corner side yard property line: eight feet, except that electrically- charged wires or fences, subject to the approval of a conditional use permit or a building permit in accordance with Section 37 -50.090(l), shall not exceed a maximum height of ten feet;
(B) Interior side and rear yards: eight feet, except that electrically-charged wires or fences, subject to the approval of a conditional use permit or a building permit in accordance with Section 37 -50.090(l), shall not exceed a maximum height of ten feet.
(4) Public/Semipublic, Parks and Open Space Districts. The maximum height of fences, walls, and hedges in required yards shall be determined at the time of the approval of the site plan review or conditional use permit (as required by the applicable zoning d istrict) for the principal use where the fence, wall or hedge is proposed to be located. If no such approval is required under the applicable zoning district or if the principal use is existing and no use, building or site modifications are proposed for th e site other than the installation of a fence, wall, or hedge, the city planner shall make the determination of the maximum fence, wall, or hedge height permitted for the site based on site conditions, use of the site, and surrounding uses and zoning districts.
(5) New Urbanism Districts. Fences, walls, and hedges located on properties in the new urbanism (NU) districts shall be subject to the requirements of Article III, Division 8: New Urbanism (NU) Districts.”
“(k) Prohibited Fences.

(1) No barbed wire or razor wire or similar fencing is permitted in any district, except that barbed wire may be allowed for security or safety purposes in the IG (General Industrial) district (when not visible from an arterial, collector street, or U.S.

Highway 101), and i n the IBP (Industrial -Business Park), and in the IGC (Industrial-General Commercial) districts if not visible from any public right -of- way subject to the approval of a Site Plan Review.
(2) No electrically-charged wires or fences are permitted in any district, except that electrically-charged wires or fences may be allowed for security purposes in the IG (Industrial General), IBP (Industrial -Business Park) and IGC (Industrial -General Commercial) districts subject to the approval of a conditional use permit in accordance with Section 37-50.090(l). Electrically-charged wires or fences may be allowed for security purposes in the IG (Industrial General) subject to the approval of a building permit per Section 37-50.090(l)(2).
(3) Chain link fencing shall be prohibited in any front or corner side yard or in any required landscape planter pursuant to Section 37-50.690(g)(2)(A) in an R, C or MU district.
(l) Electrically-Charged Wires and Fenc es. It shall be unlawful for any person to install, maintain, or operate any electrically-charged wires or fences in violation of this section. (1) Conditional Use Permit Required. A conditional use permit, issued in accordance with Article VI, Division 8 , Conditional Use Permits , shall be required for all electrically-charged wires or fences., except in the IG (Industrial-General) wherein a building permit is required per Section 37 -50.090(l)(2). Conditional use permit and building permit applications for electrically-charged wires or fences shall be subject to review and approval by the fire chief, the police chief, the building official, the city engineer, and the city planner, or their designees, and shall be subject to conditions as deemed reasonable and appropriate to ensure the protection of public health, safety, and welfare.
(2) Building Permit Required. A building permit, issued in accordance with Chapter 9 of the City Code, shall be obtained prior to installation of electrically-charged wires or fences. Applicable listing(s) along with other pertinent information and applications shall be provided to the building official prior to approval for building permit issuance.
(3) Allowable Zoning Districts. Installation of electrically -charged wires or f ences is limited to the following zoning districts: IG (Industrial -General), IBP (Industrial- Business Park), and IGC (Industrial-General Commercial). (4) Location. Electrically-charged wires or fences shall be prohibited on sites adjacent contiguous to existing or planned residential development. (5) Public Access. Electrically-charged wires or fences shall be restricted to sites with limited public access.
(6) Security Purposes. Electrically-charged wires or fences may be allowed for security purposes only including, but not limited to, equipment, vehicles, and the like in outdoor storage areas.

(7) Energizer Requirements. The energizer for electrically -charged wires or fences shall be driven by a commercial storage battery not to exceed 12 volts direct current.

The storage battery shall be charged primarily by a solar panel. However, the solar panel may be augmented by a commercial trickle charger. (8) Maximum Height. Electrically -charged wires or fences shall not exceed a maximum height of ten feet.
(9) Perimeter Fence or Wall. Perimeter fencing shall be required for all electrically - charged wires or fences as follows:
(A) A perimeter fence or wall a minimum of six feet in height shall be installed on the exterior side (the side facing the abutting public right-of-way and/or abutting properties) of any and all electrically-charged wires or fences. (B) The perimeter fence or wall shall be in conformance with requirements including, but not limited to, height and setbacks pursuant to Section 37-

50.090.
(C) The perimeter fence or wall shall be in conformance with the industrial design standards pursuant to Section 37-30.330 or public/semipublic design standards pursuant to Section 37 -30.400, as applicable depending on the zoning district.
(10) Minimum Safe Distance Between Fences. Electrically-charged wires or fences shall be installed a minimum distance of at least twelve inches from the perimeter wall or fence as a safety measure to prevent contact with the electrically -charged wires or fences from the perimeter fence or wall.
(11) Warning Signs. Electrically-charged wires or fences shall be clearly identified with warning signs, on both sides of the electrically-charged wires or fences, at intervals of not greater than sixty feet. The warning signs shall contain the words "Warning— Electric Fence" in both English and Spanish and shall include the international safety symbol that signifies "Caution, Risk of Electric Shock/High Voltage." (12) Knox Box. A "Knox Box" or other similar devise approved by t he fire department and the police department shall be installed for emergency access purposes. The "Knox Box" shall be designed such that activation of the "Knox Box" will de - energize the electrically-charged wires or fences.
(13) Automatic De-energizing. Electrically-charged wires or fences shall be designed to automatically de-activate/de-energize upon manual cutting of the wires. (14) Hours of Operation. Electrically -charged wires or fences shall not be allowed in operation when the uses are open to the public.
(15) Prevention of Fire Hazards. All weeds, brush, trees, and other vegetation in proximity to any electrically-charged wires or fences shall be maintained such that they will not pose a fire hazard, as determined by the fire department.”

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 amend Section 37 -50.090 ( Fences, Walls, and Hedges) of Chapter 37 of the Salinas Municipal Code (Zoning Code) to modify the application process for electrically-charged wires and fences in the Industrial General (IG) Zoning District and other subsections of Section 37-50.090 (ZCA 2023-001).”

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 unconstitutiona l without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

This Ordinance was introduced and read on November 7, 2023, and passed and adopted on November 7, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED

_________________________________
Kimbley Craig, Mayor
ATTEST

________________________
Patricia Barajas, City Clerk

APPROVED AS TO FORM

___________________________
Christopher A. Callihan, City Attorney

1 UNOFFICIAL MINUTES
OF THE

SALINAS PLANNING COMMISSION
October 18, 2023

The meeting was called to order at 3:31 p.m. in the City Council Chamber Rotunda.

PLEDGE OF ALLEGIANCE

ROLL CALL

WELCOME AND STAFF INTRODUCTIONS

PRESENT: Chairperson Gonzalez, and Commissioners, Meeks, Donohue, McKelvey Daye, Ramos, and Purnell

ABSENT: Commissioner Manzo

STAFF: Community Development Director, Lisa Brinton; Planning Manager; Courtney Grossman; Senior Planner, Thomas Wiles; and Administrative Aide, Desteny Villa

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

Chairperson Gonzalez opened for public comment at 3:32 p.m.

Chairperson Gonzalez closed for public comment at 3:32 p.m.

APPROVAL OF THE MINUTES: October 4, 2023

Upon motion by Commissioner Donohue, and a second by Commissioner Meeks, the minutes of October 4, 2023, were approved. The motion carried by the following vote:

AYES: Chairperson Gonzalez, and Commissioners Meeks, Donohue, McKelvey Daye, Ramos and Purnell

NOES: None

ABSTAIN: None

ABSENT: Commissioner Manzo

2 ADMINISTRATIVE REPORTS

None

CONSIDERATIONS

None

PUBLIC HEARINGS

Zoning Code Amendment 2023-001; Amend Zoning Code Section 37-50.090 (Fences, walls, hedges) of Chapter 37 of the Salinas Municipal Code (Zoning Code) to modify the application process for electrically- charged wires and fences in the Industrial General (IG) Zoning District and other subsections of Section 37-50.090

Senior Planner, Thomas Wiles presented a PowerPoint presentation, which is on file at the Community Development Department.

Commissioner Donohue inquired about the acronym “IG.”

Mr. Wiles informed that “IG” is short for Industrial General.

Commissioner Donohue inquired about the acronym “IBP.”

Mr. Wiles informed that “IBP” is short for Industrial Business Park.

Commissioner Donohue inquired about the acronym “IGC.”

Mr. Wiles informed that “IGC” is short for Industrial General Commercial and is the medium between the IG and the IBP.

Commissioner Donohue inquired about the electronic fence permit and whether the Industrial Zoning District requires a Conditional Use Permit.

Mr. Wiles informed that all three Zoning Districts currently allows for the Conditional Use Permit, the ZCA would change in the process IG district from a Conditional Use Permit to a building permit.

Commissioner Donohue inquired about the value of a Conditional Use Permit.

Mr. Wiles informed that a Conditional Use Permit is discretionary permit. The minimum outcome would be an administrative notice of intent to approve, or the Conditional Use Permit could be sent to Planning Commission whether it be protested, or for a recommendation for approval to go to City Council. Whereas the building permit is approved by the Permit Center and is required to be in compliance.

3 Courtney Grossman, Planning Manager, informed that the value of a Conditional Use Permit would include provision of public notification to neighboring properties within 300 feet. Whereas a building permit would not include a public notification to neighboring properties.

Commissioner Donohue inquired whether there were public notices sent out during the first review.

Mr. Wiles informed that public notices were sent out during the first review due to the 3 Zoning Districts requirements for public notices on Conditional Use Permits.

Commissioner Meeks inquired about the types of voltage that will be installed with the fencing.

Mr. Wiles suggested that the applicant may be able to elaborate.

Commissioner McKelvey Daye inquired about Industrial General areas within the city and the requirements for proper postings.

Mr. Wiles informed that businesses interested in the electric fencing would conform with the Zoning Amendment Code requirements which includes proper posting.

Commissioner McKelvey Daye informed about the IG area being surrounded by a homeless population.

Mr. Wiles informed the heavy industrial is located in Industrial General District.

Commissioner McKelvey Daye inquired about the proper posting for building permits.

Mr. Wiles informed that he is not aware of the proper posting for the building code requirements, but would have to be in compliance with the building code.

Mr. Grossman requested clarification on what is meant by proper posting of a building permit.

Commissioner McKelvey Daye provided an example by stating if she were to have an electrical fence around her personal property whether there are types of signage that would be needed.

Mr. Grossman informed that there are warning signs embedded in the Zoning Code and spacing requirements that are around 50 feet. Advisory warning signs are required to be posted to avoid potential danger.

Mr. Wiles referred to page 5 on the code section which includes posting information.

Commissioner Purnell inquired about the purpose of changing the wording of adjacent to contiguous.

Mr. Wiles informed that adjacent is close or nearby (across the street), but in this matter would be changed to contiguous or abut and abutting.

4 Commissioner Purnell inquired about the current estimate of how many permits have been issued for electric fencing.

Mr. Wiles informed there are roughly about a dozen permits that have been issued.

Commissioner Purnell inquired about the reason this item has been brought to Planning Commission.

Mr. Wiles informed that the request is from the Amarock security company.

Chairperson Gonzalez inquired whether two business can be contiguous with electric fencing.

Mr. Wiles informed that two businesses with electric fencing can be contiguous to one another.

Chairperson Gonzalez inquired about continuing to expand the use of electric fencing outside of the IG, IBP, and IGC District.

Mr. Wiles informed that there have been requests for electric fencing outside of the Industrial Zoning Districts mentioned, but there are no changes at this time to the districts.

Keith Kaneko, Permanent Security Provider from Amarock, informed that the company has been working with the City to permit electrically charged wired fences and stated this type of technology has been implemented into other City of Salinas businesses in recent times and has been beneficial to the businesses it serves by securing the properties. He highlighted the importance of safety and security, and his hopes for the approval from the City due to this being time sensitive as a result of potential stolen items or vandalized properties.

Commissioner Purnell inquired about the types of voltage that will be installed to the fencing specifically for Mr. Kaneko.

Mr. Kaneko informed that the pulse voltage of the fencing is 7,000 volts and experts say is medically safe due to the duration of the shock and receives its battery energy by a solar panel.

Chairperson Gonzalez inquired about the effects it may have on an individual with a heart condition.

Mr. Kaneko informed that experts have tested this voltage shock on individuals who have pacemakers, individuals standing in a puddle of water, children, pets, etc.

Chairperson Gonzalez inquired about the signage whether it is in English and Spanish.

Mr. Wiles informed that signage has to contain words in English and Spanish which include international safety symbols.

Commissioner Meeks motioned to recommend approval to City Council of ZCA 202 3-001.

Commissioner Ramos seconded the motion. The motion carried by the following vote:

5 AYES: Chairperson Gonzalez , and Commissioners Meeks, Donohue, M cKelvey Daye, Ramos and Purnell

NOES: None

ABSTAIN: None

ABSENT: Commissioner Manzo

OTHER BUSINESS

General Plan Steering Committee Updates

None

FOLLOW UP REPORTS

None

FUTURE AGENDA ITEMS

Mr. Grossman informed the Final Housing Element will be presented at the next Planning Commission meeting scheduled on November 15, 2023.

ADJOURNMENT

Chairperson Gonzalez reviewed for quorum for November 1, 2023, and adjourned the meeting at 3:57 p.m.

______________________ _______________________

ROSA GONZALEZ COURTNEY GROSSMAN
Chairperson Executive Secretary

______________________

JOHN MEEKS
Vice Chairperson

Page | 1

CITY OF SALINAS

PLANNING COMMISSION REPORT

DATE: OCTOBER 18, 2023

TO: PLANNING COMMISSION

FROM: COURTNEY GROSSMAN, PLANNING MANAGER

BY: THOMAS WILES, SENIOR PLANNER

TITLE: ZONING CODE AMENDMENT 2023 -001; AMEND ZONING CODE SECTION 37-50.090 (FENCES, WALLS, AND HEDGES) OF CHAPTER 37

OF THE SALINAS MUNICIPAL CODE (ZONING CODE) TO MODIFY

THE APPLICATION PROCESS FOR ELECTRICALLY -CHARGED

WIRES AND FENCES IN THE INDUSTRIAL GENERAL (IG) ZONING
DISTRICT AND OTHER SUBSECTIONS OF SECTION 37-50.090

RECOMMENDED MOTION:

A m otion 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 adopt an Ordinance amending Chapter 37 of the Salinas Municipal Code (Zoning Code) to modify the application process for electrically -charged wires and fences in the Industrial General (IG) Zoning District and other subsections of Section 37-50.090.

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 Amendment (ZCA) would modify the application process from a Conditional Use Permit to a Building Permit for electrically-charged wires and fences in the Industrial General ( IG) Zoning District and modify Section 37 -50.090(l)(4) to change the wording of the prohibited locations of electrically-charged wires or fences from “adjacent” to “contiguous” to existing or planned residential development.

Page | 2

DISCUSSION:

Background:

Zoning Code Amendment 2 023-001 (ZCA 2023 -001) would amend Zoning Code Section 37 -

50.090 (Fences, Walls, and Hedges) to modify the application process for electrically -charged wires or fences in the Industrial General (IG) Zoning District and other subsections of Section 37-

50.090. Currently, Zoning Code Section 37-50.090(l)(3) only permits electrically-charged wires or fences in the following Zoning Districts: Industrial General (IG), Industrial-Business Park (IBP), and the Industrial-General Commercial (IGC) Zoning Districts. Zoning Code Sections 37-

50.090(k)(2) and (l)(1) require that all electrically-charged wires or fences shall obtain a Conditional Use Permit (CUP). Subsequently, a building permit is required.

A public hearing notice for the originally scheduled Planning Commission meeting on October 4, 2023, regarding the proposed Amendment was published in the Monterey Herald on September 18, 2023. The Applicant (Amarok Security Inc.) requested that the Zoning Code Amendment be continued to the October 18, 2023 Planning Commission hearing to provide additional time to process the application.

DISCUSSION:

Analysis:

The Amendment would modify Zoning Code Section 37-50.090 to change the application process from a CUP to a building permit for electrically-charged wires or fences in the Industrial General (IG) Zoning District and modify Section 37-50.090(l)(4) to change the wording of the prohibited locations of electrically-charged wires or fences from “adjacent” to “contiguous” to existing or planned residential development. “Contiguous” would allow consideration of electrically-charged wires or fences on sites located across the street from existing or planned residential development rather than be prohibited per the current term “adjacent”.

The amendment is shown below (changes in strikethrough/underline format):

Page | 3

At no time shall such fence, wall, or hedge encroach into any area of unrestricted visibility as specified in Section 37 -50.460:

(3) Industrial Districts.

Page | 4

(A) Front yards and corner side yar ds and within required landscape planters adjoining a street pursuant to Section 37-50.690(g)(2)(A): three feet if sight- obscuring. If nonsight-obscuring and set back a minimum of ten feet from the front or corner side yard property line: eight feet, except that electrically- charged wires or fences, subject to the approval of a conditional use permit or a building permit in accordance with Section 37 -50.090(l), shall not exceed a maximum height of ten feet;
(B) Interior side and rear yards: eight feet, except that electrically-charged wires or fences, subject to the approval of a conditional use permit or a building permit in accordance with Section 37 -50.090(l), shall not exceed a maximum height of ten feet.
(4) Public/Semipublic, Parks and Open Space Districts. The maximum height of fences, walls, and hedges in required yards shall be determined at the time of the approval of the site plan review or conditional use permit (as required by the applicable zoning d istrict) for the principal use where the fence, wall or hedge is proposed to be located. If no such approval is required under the applicable zoning district or if the principal use is existing and no use, building or site modifications are proposed for th e site other than the installation of a fence, wall, or hedge, the city planner shall make the determination of the maximum fence, wall, or hedge height permitted for the site based on site conditions, use of the site, and surrounding uses and zoning districts.
(5) New Urbanism Districts. Fences, walls, and hedges located on properties in the new urbanism (NU) districts shall be subject to the requirements of Article III, Division 8: New Urbanism (NU) Districts.”
“(k) Prohibited Fences.
(1) No barbed wire or razor wire or similar fencing is permitted in any district, except that barbed wire may be allowed for security or safety purposes in the IG (General Industrial) district (when not visible from an arterial, collector street, or U.S.

Page | 5

(3) Chain link fencing shall be prohibited in any front or corner side yard or in any required landscape planter pursuant to Section 37-50.690(g)(2)(A) in an R, C or MU district.
(l) Electrically-Charged Wires and Fences. It shall be unlawful for any person t o install, maintain, or operate any electrically-charged wires or fences in violation of this section. (1) Conditional Use Permit Required. A conditional use permit, issued in accordance with Article VI, Division 8, Conditional Use Permits , shall be required for all electrically-charged wires or fences., except in the IG (Industrial-General) wherein a building permit is required per Section 37 -50.090(l)(2). Conditional use permit and building permit applications for electrically -charged wires or fences shall be subject to review and approval by the fire chief, the police chief, the building official, the city engineer, and the city planner, or their designees, and shall be subject to conditions as deemed reasonable and appropriate to ensure the protection of public health, safety, and welfare.
(2) Building Permit Required. A building permit, issued in accordance with Chapter 9 of the City Code, shall be obtained prior to installation of electrically-charged wires or fences. Applicable listing(s) along with other pertinent information and applications shall be provided to the building official prior to approval for building permit issuance.
(3) Allowable Zoning Districts. Installation of electrically -charged wires or fences is limited to the following zoning districts: IG (Industrial -General), IBP (Industrial- Business Park), and IGC (Industrial-General Commercial). (4) Location. Electrically-charged wires or fences shall be prohibited on sites adjacent contiguous to existing or planned residential development. (5) Public Access. Electrically-charged wires or fences shall be restricted to sites with limited public access.
(6) Security Purposes. Electrically-charged wires or fences may be allowed for security purposes only including, but not limited to, equipment, vehicles, and the like in outdoor storage areas.
(7) Energizer Requirements. The energizer for electrically -charged wires or fences shall be driven by a commercial storage battery not to exceed 12 volts direct current.

Page | 6

(A) A perimeter fence or wall a minimum of six feet in height shall be installed on the exterior side (the side facing the abutting public right-of-way and/or abutting properties) of any and all electrically-charged wires or fences. (B) The perimeter fence or wall shall be in conformance with requirements including, but not limited to, height and setbacks pursuant to Section 37-

50.090.
(C) The perimeter fence or wall shall be in conformance with the industrial design standards pursuant to Section 37-30.330 or public/semipublic design standards pursuant to Section 37 -30.400, as applicable depending on the zoning district.
(10) Minimum Safe Distance Between Fences. Electrically-charged wires or fences shall be installed a minimum distance of at least twelve inches from the perimeter wall or fence as a safety measure to prevent contact with the electrically -charged wires or fences from the perimeter fence or wall.
(11) Warning Signs. Electrically-charged wires or fences shall be clearly identified with warning signs, on both sides of the electrically-charged wires or fences, at intervals of not greater than sixty feet. The warning signs shall contain the words "Warning— Electric Fence" in both English and Spanish and shall include the international safety symbol that signifies "Caution, Risk of Electric Shock/High Voltage." (12) Knox Box. A "Knox Box" or other similar devi se approved by the fire department and the police department shall be installed for emergency access purposes. The "Knox Box" shall be designed such that activation of the "Knox Box" will de - energize the electrically-charged wires or fences.
(13) Automatic De-energizing. Electrically-charged wires or fences shall be designed to automatically de-activate/de-energize upon manual cutting of the wires. (14) Hours of Operation. Electrically -charged wires or fences shall not be allowed in operation when the uses are open to the public.
(15) Prevention of Fire Hazards. All weeds, brush, trees, and other vegetation in proximity to any electrically-charged wires or fences shall be maintained such that they will not pose a fire hazard, as determined by the fire department.” CONCLUSION:

The proposed Zoning Code Amendment would modify the application process for electrically - charged wires or fences in the Industrial General ( IG) zoning district and other subsections of Section 37-50.090. Findings in support of the Amendment are incorporated in the attached Planning Commission Resolution.

Page | 7

CEQA CONSIDERATION:

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) Affirm the findings set forth in the attached Resolution, recommending that the City Council find the Amendment exempt from CEQA and introduce and then adopt the Amendment with 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.

ATTACHMENTS:

Draft Planning Commission Resolution
Draft City Council Ordinance

I:\ComDev\Planning Share Space\Zoning Code Amendments\ZCA 2023-001 - Update to Electric Fencing Regulations\Granicus Folder\10-18-23 PC Granicus Submittals\ZCA 2023-001 Granicus PC Staff Report.docx ZONING CODE AMENDMENT 2023-001; AMEND ZONING
CODE SECTION 37-50.090 (FENCES, WALLS, AND HEDGES)
OF CHAPTER 37 OF THE SALINAS MUNICIPAL CODE
(ZONING CODE) TO MODIFY THE APPLICATION PROCESS

FOR ELECTRICALLY-CHARGED WIRES AND FENCES IN THE

INDUSTRIAL GENERAL (IG) ZONING DISTRICT AND OTHER
SUBSECTIONS OF SECTION 37-50.090
Thomas Wiles, Senior Planner
Community Development Department
Tuesday, November 7, 2023
Zoning Code Amendment 2023-001
Amend Zoning Code Section:
• 37-50.090 (Fences, walls, and hedges)
• Modify process for electrically-charged
wires and fences
• IG District:
• Allow with building permit/No CUP
• IBP and IGC Districts:
• Maintain CUP process
• Change wording 37-50.090(l)(4):
• “Adjacent” to “Contiguous”

Proposed Modifications
• Section 37-50.090(d)(3)(a)(b):
• Allow electrically-charged wires or fences
• With CUP or building permit
• Section 37-50.090(k)(2) and (l)(1):
• Allowed in IG District
• Building permit
• Maintain CUP process in IBP and IGC Districts
• Section 37-50.090(l)(4):
• Change wording from “Adjacent” to “Contiguous”
• Consistent with Zoning Code definition
CEQA and Planning Commission
• Exempt from CEQA per Guidelines Section 15305
• Minor Alterations in Land Use Limitations
• Planning Commission recommended approval on October 18, 2023 • Public Notice:
• Published in the Monterey Herald as 1/8th page – 10/26/23 Recommendation
A motion
1) Finding Zoning Code Amendment 2023-001 categorically exempt from the California Environmental Quality Act (CEQA)
2) Adopt an Ordinance amending Chapter 37 of the Salinas Municipal Code to allow:
• Electrically-charged wires and fences in IG District with a building permit • Modify wording from “Adjacent” to “Contiguous”
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-634, Version: 1
2nd reading, Ordinance amending Chapter 5, Article VII of the Salinas Municipal Code; Cannabis Regulations
Consider Ordinance Amendment 2023-001 exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and to adopt an Ordinance amending Cannabis regulations Chapter 5, Article VII of the Salinas Municipal Code.

City of Salinas Printed on 11/9/2023Page 1 of 1
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CITY OF SALINAS

COUNCIL REPORT

DATE: NOVEMBER 7, 2023

TO: CITY COUNCIL

FROM: LISA BRINTON, COMMUNITY DEVELOPMENT DIRECTOR

BY: COURTNEY GROSSMAN, PLANNING MANAGER

TITLE: ORDINANCE AMENDING CHAPTER 5, ARTICLE VII OF THE SALINAS MUNICIPAL CODE; CANNABIS REGULATIONS

RECOMMENDED MOTION:

A motion to find Ordinance Amendment 2023-001 exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and to adopt an Ordinance amending Cannabis regulations Chapter 5, Article VII of the Salinas Municipal Code.

EXECUTIVE SUMMARY:

Cannabis regulations are contained in the Salinas Municipal Code (SMC) under Article VII – CANNABIS within Chapter 5 - Public Peace and Morals. Currently, the number of permits allowed under each cannabis business types is limited. The proposed amendment would change cannabis regulations to combine Dispensary and Delivery business types to create additional opportunities for Dispensaries, reduce the required sensitive use buffer distance to align with state law, and add authority to the cannabis selection committee to approve a Retail Facility located within the non- state regulated sensitive use buffer, subject to findings. The proposed amendment has been reviewed by the City Council Cannabis Subcommittee.

BACKGROUND:

Commercial cannabis businesses have been operational in Salinas since 2017. Currently, permits are limited by business type and are competitively processed through various rounds of review and approval. Based on operator interest received and discussions of the Cannabis Subcommittee, it was identified that there is an insufficient number of permits available for Dispensaries. Currently, there are five (5) allowed and five (5) approved Dispensaries. At the same time , only one (1) of three (3) Delivery permits have been issued. The proposed amendment would modify the cannabis regulations as follows:

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1. Combine Dispensary and Delivery business types under a new definition of Retail Facility, which could allow up to a total of eight (8) business permits in a combination of dispensary and delivery services thereby potentially creating additional opportunities for Dispensaries;

2. Reduce the required sensitive use buffer distance from 1,000 to 600 feet to align with state law; and

3. Add authority to the cannabis selection committee to approve a Retail Facility if located within a non-state regulated sensitive use buffer upon findings that the intent of this article would otherwise be met.

The proposed amendment is identified in the attached Ordinance with changes shown in strikethrough/ underline format.

CEQA CONSIDERATION:

The adoption of this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty there is no possibility with the proposed amendment that the activity in question may have a significant effect on the environment. [CEQA Guidelines Section 15061(b)(3).]

STRATEGIC PLAN INITIATIVE:

This action suppor ts the Council’s goal of Economic Development by creating additional opportunities for Dispensaries under the new definition of Retail Facility , which may result in additional tax revenues.

DEPARTMENTAL COORDINATION:

This Ordinance Amendment (2023-001) to cannabis regulations has been coordinated with the Legal Department.

FISCAL AND SUSTAINABILITY IMPACT:

This item requires no additional expenditures or appropriations. Providing additional opportunities for Dispensaries may result in additional tax revenue generation.

ATTACHMENTS:

Draft Ordinance Amending Chapter 5, Article VII of the Salinas Municipal Code

1 ORDINANCE NO. ____________ (N.C.S.)
AN ORDINANCE AMENDING CHAPTER 5, ARTICLE VII OF THE SALINAS CITY CODE
City Attorney Analysis
This Ordinance updates Chapter 5, Article VII of the Salinas City Code which codifies the City’s regulations on Commercial Cannabis Businesses. This Ordinance modifies the City’s permitting structure and operating requirements of various types of commercial cannabis businesses in the City’s implementation of the Municipal Code.

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

SECTION 1. Chapter 5, Article VII of the Salinas City Code is hereby amended to read as follows (revisions are shown in underline/strikethrough text):

Sec. 5-07.05. Definitions.

When used in this article, the following words shall have the meanings ascribed to them in this section. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.
(a) "Adult Use" shall refer to the consumption of cannabis or cannabis products by a person twenty-one years of age or older, but excludes the use of cannabis or cannabis products in a manner consistent with a physician's recommendation. (b) "Cannabis" means all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this article, "cannabis" does not mean "industrial hemp" as that term is defined by Section 11018.5 of the California Health and Safety Code.
(c) "Cannabis accessories" means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

2 (d) "Cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery, or sale of cannabis or cannabis products.
(e) "Cannabis concentrate" means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division.

A cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.
(f) "Cannabis permit" means any type of permit for cannabis activity issued by the City of Salinas, including either a commercial cannabis permit or an administrative permit issued by the City of Salinas pursuant to this article. (g) "Cannabis product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
(h) "Cannabis Waste" means any waste that is not hazardous waste, as defined in Public Resources Code section 40141, that contains cannabis and that has been made unusable and unrecognizable in the manner prescribed in sections 5054 and 5055 of Title 16, Division 42 of the California Code of Regulations. Includes, but is not limited to, unsold or contaminated cannabis or cannabis product, samples which have been tested by a laboratory, unused material used for research, and/or contaminated packaging. (i) "Caregiver" or "Primary Caregiver" has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code. (j) "Commercial cannabis activity" means "cannabis activity" conducted for financial or other valuable consideration, including activities conducted by a nonprofit agency. (k) "Commercial cannabis business" means any person or business, including a nonprofit, which engages in commercial cannabis activity.
(l) "Cultivation" means any activity involving the propagation, planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Cultivation may include, but is not limited to, those activities that are allowed in a Nursery. (m) "Cultivation site" means a facility where cannabis is propagated, planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, including a personal grow.
(n) "Day Care Center" has the same meaning as in Chapter 37 of the Salinas Municipal Code.
(o) "Delivery" means the retail sale of cannabis or cannabis products (pursuant to an order placed for purchase of the same) to a customer for consumption, where the transaction does not occur within a licensed dispensary. "Delivery" also includes the use of any technology platform owned and controlled by a retailer, and further includes the soliciting and receiving of an order for cannabis or cannabis product. "Delivery" does

3 not include the transportation of cannabis or cannabis products between licensees as defined under "Distribution," below.
(p) "Dispensary" means a licensed facility where cannabis, cannabis products, and/or devices facilitating the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale within the premises. (q) "Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a dispensary.
(r) "Distribution" means the procurement, sale, and transport of cannabis or cannabis products between entities licensed by the State of California. "Distribution" excludes the transport or sale of cannabis and cannabis products to a customer for consumption, as defined under "Delivery," above.
(s) "Distributor" means a person licensed to engage in the distribution of cannabis and/or cannabis products.
(t) "Dried flower" means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.
(u) "Edible cannabis product" means cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the California Health and Safety Code, or a drug, as defined by Section 109925 of the California Health and Safety Code. (v) "Immature Cannabis Plant" means a nonflowering Cannabis plant that is no taller than eight inches and no wider than eight inches produced from a cutting, clipping, or seedling.
(w) "License" means a license issued by the State of California pursuant to Division 10 of the California Business and Professions Code, and includes both A-licenses and M- licenses, as well as a testing laboratory licenses.
(x) "Licensee" means a person or business possessing a "license" issued pursuant to Division 10 of the California Business and Professions Code. (y) "Live plants" means living cannabis flowers and plants, including seeds, sprouts, immature plants (including unrooted clones), and vegetative stage plants. (z) "Manufacture" or "Manufacturing" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
(aa) "Manufacturer" means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. A manufacturer includes a licensee that infuses cannabis in its products but does not perform its own extraction, as well as any business that accepts Cannabis Waste and renders it into an unrecognizable and unusable form in preparation for final disposal.

4 (ab) "Market" refers to the supply chain of licensed commercial cannabis businesses conducting operations with other businesses of the same market type. The two types of markets are the adult-use and the medicinal markets, which are distinguished through the issuance of an "M-Type" license by the State for businesses participating in the medicinal market, and an "A-Type" license issued by the State to businesses participating in the adult-use market. A single business may participate in both markets.
(ac) "Medicinal Cannabis" or "Medicinal Cannabis Product" means cannabis or cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.
(ad) "Nursery" means a licensee that produces only clones, immature cannabis plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.
(ae) "Owner" shall have the same meaning as "principal" as defined below. (af) "Patient" or "Qualified patient" shall have the meaning given that term by California Health and Safety Code Section 11362.7.
(ag) "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and includes the plural as well as the singular number.
(ah) "Person with an identification card" shall have the meaning given that term by California Health and Safety Code Section 11362.7.
(ai) "Personal Grow" refers to the possession, planting, cultivation, harvesting, drying, and/or processing of cannabis within an individual's personal residence for that individual's sole use. Excludes the provision, donation, sale, or distribution of this cannabis to any other person, including commercial cannabis businesses, as well as the manufacture of any cannabis product utilizing this cannabis. (aj) "Principal" means a person who is any of the following:
(1) A person with an aggregate ownership interest of twenty percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance;
(2) The chief executive officer;
(3) A member of the board of directors; or
(4) Any individual who will be participating in the direction, control, or management of the person applying for a license.
(ak) "Premises" means the designated portion of a structure, entire structure, or structures and land specified in an application that is owned, leased, or otherwise held under the

5 control of the applicant or licensee where commercial cannabis activity will be or is conducted. The premises shall be a contiguous area.
(al) "Qualified Patient" shall have the meaning given that term by California Health and Safety Code Section 11362.7.
(am) "Recreational Facility" shall mean a site used for "Commercial Recreation," as that term is defined in Chapter 37 of the Municipal Code.
(an) "Recreational use" shall have the same meaning as "Adult use" as defined herein. (ao) "Research and Development Facility" means a licensee that conducts research on cannabis, cannabis products, or any component thereof for the purposes of the innovation, introduction, and/or improvement of products and processes associated with the cannabis industry, but does not sell, either at retail or wholesale, any cannabis or cannabis product. Excludes Testing Laboratories.
(ap) “Retail Facility” shall mean a dispensary, a dispensary with accessory delivery service, or a stand-alone delivery service. A dispensary and stand-alone delivery service have differing operating requirements as specified in Sections 5-07.32 and 5-07.33. (apaq) "Sell," "Sale," and "to sell" includes any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee or consumer to the licensee from whom the cannabis or cannabis product was purchased. (aqar) "Selection Committee" means the group of City employees that has been tasked by the City Manager to review and approve Commercial Cannabis Permits in accordance with this Article.
(aras) "Small Distribution Facility" means a facility or business involved in the distribution of cannabis and/or cannabis product that complies with the requirements of Section 5-07.12.
(asat) "Testing Laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products for the purpose of verifying product purity and/or quality and that is both of the following:
(1) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and (2) In possession of a "license" issued by the State of California. (atau) "Topical cannabis" means a product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code. (auav) "Volatile Solvent" means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.

6 (avaw) "Volatile Manufacturing" means manufacturing cannabis products in a manner that utilizes one or more volatile solvents.
(awax) "Waste Disposal Services Provider" means any person who provides services for the disposal of cannabis waste and possesses an appropriate license from the State of California.

SECTION 2. Chapter 5, Article VII of the Salinas City Code is hereby amended to read as follows (revisions are shown in underline/strikethrough text):

Sec. 5-07.27. Location of commercial cannabis businesses—Proximity to sensitive uses. (a) No commercial cannabis business may operate within one thousand feet of any of the following sensitive uses:
(1) School, college or university (including public, private, charter, and other nontraditional schools, but excluding trade schools that exclusively serve adults at least eighteen years of age);
(2) Park, daycare center, library, or publically publicly owned and operated recreational facility;.
(b) No commercial cannabis business may operate within 600 feet of any of the following sensitive uses:
(13) Church or other house of worship;
(24) Smoke-shops, hookah lounges or businesses engaged in the same or a similar activity, and locations where alcohol is sold or served for individual consumption on or off the premises;
(35) Card rooms and retail firearm sales businesses;
(46) Any other commercial cannabis business operating as a dispensary, excepting therefrom the occasional and transient operation of a commercial cannabis delivery business; or
(57) Any other public or private business or facility where the presence of the commercial cannabis activity would cause a public nuisance or other situation which may result in repeated police department response.
(cb) Notwithstanding the above, the selection committee may issue a commercial cannabis permit to a cultivation, retail facility (dispensary and delivery), manufacturing, or distribution business located within six hundred one thousand feet of the uses described in subsections (ba)(13) through (ba)(57) upon findings that the intent of this article would otherwise be met. No commercial cannabis permit shall be granted, however, for commercial cannabis businesses located within one thousand feet of those uses listed in subsections (a)(1) and (a)(2).
(de) An application (Including a dispensary application) which has been denied based on any of the limitations set forth in subsections (ba)(13) through (ba)(57) may be appealed by the applicant in accordance with section 5-07.10. The appellate body may grant an exception to the limitations set forth in this subsection upon findings that the intent of this article would

7 otherwise be met. No such exception will be granted, however, for the distance limitations from those uses listed in subsections (a)(1) and (a)(2). (ed) No commercial cannabis business may operate within any residential area or district of the city or adjacent to a residential area or district if, in the opinion of the chief of police or the community development director, the operation of a commercial cannabis business in such location would tend to cause a public nuisance or a situation which may result in repeated police department response or a negative impact on the adjacent residential units. (fe) Commercial cannabis businesses shall be required to comply with all zoning, land use, and development regulations applicable to the underlying zoning district in which they are permitted to establish and operate as set forth in the Salinas Municipal Code. (gf) Any commercial cannabis business which has been determined by the City of Salinas to be an existing commercial cannabis business on the effective date of this article shall be exempt from compliance with the limitations proscribed in this section, unless such location is otherwise determined to constitute a public nuisance or otherwise a disturbance to the adjacent or neighboring uses as determined by the provisions of this article. (hg) No commercial cannabis business possessing a valid commercial cannabis business permit shall be hindered from renewing said permit solely on the basis of the establishment of a use described in subsection (a) above if the use was not in operation or existence on the date the commercial cannabis permit was approved.
(ih) The limitations described in this section shall not apply to any uses described in subsection (a) if the community development director determines that the use in question was not legally established pursuant to Chapter 37 of the Municipal Code and remains out of compliance with that chapter.
(ji) For purposes of this section, distance shall be measured from the closest point of the site occupied by the commercial cannabis business and the closest point of the site occupied by the use defined in subsection (a), including any parking areas, landscaping, and/or fencing, but excluding any areas of a parcel that is unavailable for use by the commercial cannabis business or the sensitive use. This section shall be construed to require measurement from parcel line to parcel line unless the selection committee determines that different points of measure would be appropriate.
(kj) The city adopts these standards in lieu of the requirements specified in Section 26054(b) of the California Business and Professions Code, and hereby designates these standards as a "different radius" as specified by that Section.
(Ord. No. 2600 (NCS), § 1, 11-29-2017)
Sec. 5-07.28. Packaging and labelling.

Prior to the sale or the delivery of any edible cannabis or edible cannabis product the same shall be labelled and in tamper-evident packaging which at least meets the requirements of California Business and Professions Code section 26120, as the same may be amended from time-to-time or superseded or replaced by subsequent state legislation or by any department or division of the State of California. The city council may impose additional packaging and labelling requirements on cannabis or cannabis products by resolution.

8 (Ord. No. 2600 (NCS), § 1, 11-29-2017)
Sec. 5-07.29. Miscellaneous operating requirements.

In addition to those operating requirements specifically set forth elsewhere in this division, commercial cannabis businesses operating in the City of Salinas shall comply with the following:
(a) Cannabis or cannabis products shall not be consumed on the premises of any commercial cannabis business except that employees with a valid recommendation may consume cannabis in a non-public area in strict accordance with their recommendation and with the permission of the business. This section shall not be construed to impair a business's ability to restrict or prohibit the consumption of cannabis or cannabis product, with or without a physician's recommendation, during an employee's shift, nor shall it prevent a business from conducting drug testing of employees and/or taking action against any employees that violate that company's drug policies.
(b) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of the property. No outdoor storage of cannabis or cannabis products is permitted at any time.
(c) There shall not be a physician located in or around any commercial cannabis business at any time for the purpose of evaluating patients for the issuance of a medical marijuana recommendation or card.
(d) Each commercial cannabis business shall provide the chief of police with the name, telephone number (mobile preferred, if available) of an on-site employee or owner to whom emergency notice can be provided.
(e) Signage and notices shall comply with the following requirements:
(1) In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis business shall conform to the requirements of the Salinas Municipal Code, including, but not limited to, the issuance of a City of Salinas sign permit.
(2) Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis business shall install any off-site advertising signage, whether by installing a permanent sign, placing any temporary signage, or by having a person holding a sign advertising the business to passersby, whether such person or sign is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way. Illuminated signs shall not be lit during non-business hours. (3) No signs placed on the premises of a commercial cannabis business shall obstruct any entrance or exit to the building or any window.
(4) Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise

9 consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited.
(5) No banners, flags or other temporary or prohibited signs may be used at any time. (f) Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the facility that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain equipment which the city determines would satisfy this requirement. This equipment would potentially include, but not be limited to, the following:
(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; and
(2) An air system that creates negative air pressure between the commercial cannabis business's interior and exterior so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.
(g) The original copy of the commercial cannabis permit issued by the City of Salinas pursuant to this article, any land-use or planning-level approvals or permits issued pursuant to Chapter 37 of the Salinas Municipal Code, any licenses issued by the State of California, and the business license issued by the City of Salinas pursuant to the Salinas Municipal Code shall be posted inside the commercial cannabis business in a location readily visible to the public.
(h) Any person issued a permit pursuant to this article must follow all local, state and federal requirements for solid waste and hazardous waste disposal. The Monterey County Environmental Health Bureau may inspect the commercial cannabis business at any time during business hours to ensure compliance with this section. (i) The owner and/or operator of a commercial cannabis business shall prohibit loitering by persons outside the facility both on the premises and within fifty feet of the premises.
(j) All weighing devices must be maintained in compliance with local, state or federal law and comply with applicable regulations regarding device registration with the agricultural commissioner.
(Ord. No. 2600 (NCS), § 1, 11-29-2017)
Sec. 5-07.30. Community relations.
(a) Each commercial cannabis business shall provide the name, telephone number, and email address of a community relations contact to whom notices associated with the commercial

10 cannabis business can be provided. Each commercial cannabis business shall also provide the above information to all businesses and residences located within one hundred feet of the commercial cannabis business.
(b) During the first year of operation pursuant to this article, the owner, manager, and community relations representative from each commercial cannabis business holding a permit issued pursuant to this article shall attend a quarterly meeting with the city manager or his/her designee to discuss costs, benefits, and other community issues arising as a result of implementation of this article. After the first year of operation, the owner, manager, and community relations representative from each such commercial cannabis business shall meet with the city manager or his/her designee when and as requested by the city manager or his/her designee.
(c) Commercial cannabis businesses to which a permit is issued pursuant to this article shall develop and make available to youth organizations and educational institutions a public education plan that outlines the risks of youth addiction to cannabis and that identifies resources available to youth related to drugs and drug addiction. (Ord. No. 2600 (NCS), § 1, 11-29-2017)
Division 6. Dispensaries Retail (Dispensary and Delivery) Sec. 5-07.31. Limitation on the number of dispensaries retail facilities.

No more than five eight (8) retail facilities dispensaries may operate within the City of Salinas at any one time and no more than five eight (8) retail facility permits shall be issued by the City of Salinas for dispensaries to operate within the City of Salinas at any one time. A single facility may sell both medicinal and adult-use products under a single permit. Retail facilities can include a dispensary, a dispensary with accessory delivery service, or a stand-alone delivery service. A dispensary and stand-alone delivery service have differing operating requirements as specified in Sections 5-07.32 and 5-07.33.
(Ord. No. 2600 (NCS), § 1, 11-29-2017)
Sec. 5-07.32. Accessory cannabis uses.

Upon approval by the City of Salinas, a permit authorizing a dispensary may also authorize the delivery products directly to customers in accordance with the requirements of division 8 of this article. Furthermore, a permit authorizing a dispensary may also authorize distribution at the facility, provided that said distribution shall be limited to transporting cannabis or cannabis product for retail sale by the dispensary. In neither case shall this accessory use require or be deemed a separate permit.
(Ord. No. 2600 (NCS), § 1, 11-29-2017)
Sec. 5-07.323. Dispensary oOperating requirements.

All dispensaries shall comply with the following operating requirements:

11 (a) Upon approval by the City of Salinas, a permit authorizing a dispensary may also authorize the delivery products directly to customers in accordance with the requirements of division 8 of this article. Furthermore, a permit authorizing a dispensary may also authorize distribution at the facility, provided that said distribution shall be limited to transporting cannabis or cannabis product for retail sale by the dispensary. In neither case shall this accessory use require or be deemed a separate permit.
(b) Dispensaries shall verify the age and all necessary documentation of each customer to ensure the customer is at least twenty-one years of age, except that patients purchasing cannabis or cannabis products for medicinal use may enter regardless of age if they possess a valid doctor's recommendation. Persons with an identification card that are under eighteen years of age must be accompanied by a parent or guardian.
(cb) Entrances into the dispensary shall be locked at all times with entry strictly controlled.

A "buzz-in" electronic/mechanical entry system shall be utilized to limit access to and entry to the dispensary to separate it from the reception/lobby area. Individuals must show valid identification in order to gain access into the dispensary. (dc) The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of eighteen years of age is permitted to enter upon the premises of the commercial cannabis business unless they are in the presence of their parent or guardian and such person is a person with an identification card. (ed) Uniformed security personnel shall be employed to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities. (fe) Doctor recommendations are not to be provided at the dispensary. (gf) All restroom facilities shall remain locked and under the control of management. (hg) Sales of cannabis and cannabis products shall occur only between the hours of 6:00 a.m. and 10:00 p.m., Monday through Sunday.
(ih) All cannabis and cannabis products sold shall have been cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the state and local regulations.
(ji) No edible cannabis products requiring refrigeration or hot-holding shall be sold or distributed. Baked products (e.g., brownies, bars, cookies, cakes), tinctures, and other non-refrigerated type items may be sold at the dispensary. (kj) Any edible cannabis or edible cannabis product shall be labelled and in tamper-evident packaging which at least meets the requirements of California Business and Professions Code section 26120, as the same may be amended from time-to-time or superseded or replaced by subsequent state legislation or by any department or division of the State of California.
(lk) Any cannabis or cannabis product must be in an opaque (non-see-through) package, such as a bag, before it leaves the commercial cannabis business.

12 (ml) Prior to dispensing medicinal cannabis or medicinal cannabis products to any person, the business shall obtain additional voice verification from the recommending physician's office that the person requesting cannabis or cannabis products is a qualified patient.
(nm) The dispensary shall collect all sales and use taxes and/or transaction taxes required under local and/or state law, and shall remit those monies to the State of California for disbursement to the City of Salinas in accordance with established reporting principles.

Any tax that has not been remitted to the city shall be deemed a debt owed to applicable state agencies and/or the City of Salinas by the person required to collect and remit the tax.
(on) Any delivery operations conducted by the dispensary shall comply with the requirements specified for delivery businesses as stipulated in division 8. (po) The dispensary shall not engage solely in the adult-use market; a reasonable mix of medicinal cannabis and medicinal cannabis products shall be available for purchase to those with a physician's recommendation.
(Ord. No. 2600 (NCS), § 1, 11-29-2017) Ord. No. 2614 (NCS), § 1, 1-8-19) Sec. 5-07.337. Limitation on the number of delivery businesses Delivery service operating requirements.

All delivery service shall comply with the following operating requirements:

No more than three stand alone delivery services (i.e., those without a publically accessible storefront) may operate within the City of Salinas at any one time and no more than three permits shall be issued by the City of Salinas for stand alone delivery services to operate within the City of Salinas at any one time.
(a) A delivery service may operate either as a part of and in conjunction with a dispensary permitted pursuant to this article or as a stand-alone operation without direct public access. Delivery services permitted as accessory to a dispensary use shall comply with all of these requirements of this division; however, a separate permit for delivery is not required. And the business shall not count towards the maximum number of delivery businesses.
(Ord. No. 2600 (NCS), § 1, 11-29-2017)
Sec. 5-07.38 Accessory cannabis uses.
(b) Upon approval by the City of Salinas, a permit authorizing a delivery business may also authorize accessory distribution at the facility, provided that said distribution shall be limited to acquiring product for inventory and sale. This accessory use will not require or be deemed a separate permit.
(Ord. No. 2600 (NCS), § 1, 11-29-2017)
Sec.5-07.39. Operating requirements.

13 All mobile delivery businesses (including those accessory to a dispensary) shall comply with the following requirements:
(ca) All cannabis and cannabis products sold shall have been cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the state and local regulations.
(db) The delivery company service shall collect all sales and use taxes and/or transaction taxes required under local and/or state law, and shall remit those monies to the State of California for disbursement to the City of Salinas in accordance with established reporting principles. Any tax that has not been remitted to the City shall be deemed a debt owed to applicable state agencies and/or the City of Salinas by the person required to collect and remit the tax.
(ec) Any cannabis or cannabis product must be in an opaque (non-see-through) package, such as a bag, at the time of delivery.
(fd) No edible cannabis products requiring refrigeration or hot-holding shall be sold or distributed. Baked products (e.g., brownies, bars, cookies, cakes), tinctures, and other non-refrigerated type items may be sold.
(ge) The business shall make all records related to testing laboratory results for the cannabis or cannabis product being delivered available to the consumer upon request. (hf) Any edible cannabis or edible cannabis product shall be labelled and in tamper-evident packaging which at least meets the requirements of California Business and Professions Code section 26120, as the same may be amended from time-to-time or superseded or replaced by subsequent state legislation or by any department or division of the State of California.
(ig) Prior to dispensing medicinal cannabis or medicinal cannabis products to any person, the business shall obtain additional voice verification from the recommending physician's office that the person requesting cannabis or cannabis products is a qualified patient.
(jh) For a The delivery company not engaged solely in the adult-use market; a reasonable mix of medicinal cannabis and medicinal cannabis products shall be available for purchase to those with a physician's recommendation.
(Ord. No. 2600 (NCS), § 1, 11-29-2017)
Division 7. Cultivation Facilities
Sec. 5-07.34. Limitation on the number of cultivation facilities.

No more than five cultivation facilities may operate within the City of Salinas at any one time and no more than five commercial cannabis permits shall be issued by the City of Salinas for cultivation facilities to operate within the City of Salinas at any one time. (Ord. No. 2600 (NCS), § 1, 11-29-2017)

14 Sec. 5-07.35. Accessory cannabis uses.

All cultivation facilities shall comply with the following operating requirements:
(a) Sec. 5-07.35. Accessory cannabis uses. Upon approval by the City of Salinas, a permit authorizing a cultivation facility may also authorize distribution at the facility, provided that said distribution shall be limited to the transport of cannabis plants or plan components that have been or will be grown on-site. This accessory use will not require or be deemed a separate permit.

Upon approval by the City of Salinas, a permit authorizing a cultivation facility may also authorize distribution at the facility, provided that said distribution shall be limited to the transport of cannabis plants or plant components that have been or will be grown on-site. This accessory use will not require or be deemed a separate permit. (Ord. No. 2600 (NCS), § 1, 11-29-2017)
(b) Cultivation of cannabis must occur within a building or greenhouse. All outdoor cultivation is prohibited.
(cb) In no case shall cannabis plants be visible from a public or private road, sidewalk, park or any common public viewing area.
(de) If a dispensary includes cultivation activities, the dispensary may have only one cultivation site upon which cannabis is cultivated, produced, stored, harvested, manufactured, or packaged, and each of the dispensary and the cultivation sites must be separately permitted pursuant to this article.
(ed) The business shall make all records related to testing laboratory results for the cannabis or cannabis product being delivered available to the consumer upon request. (fe) The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis for unlicensed purposes. All cannabis shall only be sold or distributed to licensed facilities that maintain operations in full conformance with the state and local regulations.

15 (gf) Any person issued a permit pursuant to this article must follow all pesticide use requirements of local, state and federal law. Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through leakage or inadvertent damage. The cultivation facility shall comply with any and all laws and regulations regarding the runoff of pesticide residue into the storm drain or sewer systems. The Monterey County Agricultural Commissioner may inspect the commercial cannabis business at any time during business hours to ensure compliance with this section.

(Ord. No. 2600 (NCS), § 1, 11-29-2017)
Division 8. Delivery Services
Sec. 5-07. 37. Limited on the number of delivery businesses.

A delivery services may operate either as a part of and in conjunction with a dispensary permitted pursuant to this article or as a stand-alone operation without direct public access.

Delivery services permitted as accessory to a dispensary use shall comply with all of these requirements of this division; however, a separate permit for delivery is not required, and the business shall not count towards the maximum number of delivery businesses. (Ord. No. 2600 (NCS), § 1, 11-29-2017)
See. 5-07.38. Accessory cannabis uses.

Upon arrival by the City of Salinas, a permit authorizing a delivery business may also authorize distribution at the facility, provided that said distribution shall be limited to acquiring product for inventory and sale. This accessory use will not require or be deemed a separate permit. (Ord. No. 2600 (NCS), § 1, 11-29-2017)
Sec. 5-07.39. Operating requirements.

All mobile delivery businesses (including those accessories to a dispensary) shall comply with the following requirements:
a) All cannabis and a=cannabis products sold shall have been cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the state and local regulations.
b) The delivery company shall collect all sales and use taxes and/ or transaction taxes required under the local and. Or state law and shall remit those monies to the state of California for disbursement to the City of Salinas in accordance with established

16 reporting principles. Any tax that has not been remitted to the city shall be deemed a debt owed to applicable state agencies and/ or the City of Salinas by the person required to collect and remit the tax.
c) Any cannabis or cannabis product must be in an opaque (non-see-through) package, such as a bag, at the time of the delivery.
d) No edible cannabis products requiring refrigeration or hot holding shall be sold or distributed. Baked products (e.g., brownie, bars, cookies, cakes), tinctures, and other non- refrigerated type items may be sold.
e) The business shall make all records related to testing laboratory results for the cannabis or cannabis product being delivered available to the consumer upon request. f) Any edible cannabis or edible cannabis product shall be labelled and in tamper- evident packaging which at least meets the requirements of California Business and professions Code section 26120, as the same may be amended from time-to-time or superseded or replaced by subsequent state legislation or by any department or division of the State of California.
g) Prior to dispensing medicinal cannabis or medicinal cannabis products to any person, the business shall obtain additional voice verification from the recommending physician’s office that the person requesting cannabis or cannabis products is a qualified patient. h) The delivery company not engage solely in the adult- use market; a reasonable mix of medicinal cannabis and medicinal cannabis products shall be available for purchase to those with a physician’s recommendation.
(Ord. No. 2600 (NCS), § 1, 11-29-2017)

Sec. 5-07.4036. Reserved.

17 Sec. 5-07.4137. Delivery point of sale requirements.

All deliveries of cannabis and cannabis product shall be conducted in accord with the following requirements:
(a) No livery business shall make any deliveries within one thousand feet of any school, park, or daycare center, except that deliveries may be made to an individual at their place of residence.
(b) The delivery company shall verify the identity of the recipient via the presentation of a valid identification card issued by a governmental agency that includes the recipient's name, date of birth, and photograph (unless the State of California designates alternative forms of identification to be acceptable for this purpose). (c) The delivery company shall not deliver any cannabis or cannabis products to any person under the age of twenty-one years, except a person with an identification card.

Deliveries shall be made directly to the person placing the request for delivery, and may not be delivered to another individual at the site, regardless of whether that person meets the criteria in subsection (b), except that deliveries to a caretaker are permitted, and deliveries to a minor may be made to that minor's parents or legal guardians. (d) Prior to the sale of any cannabis or cannabis product to a minor, the delivery company shall obtain the consent of the minor's parents or legal guardians. This may include a one-time blanket approval provided that the terms of the approval are clearly articulated.

SECTION 3. CEQA CONSIDERATIONS. The adoption of this Ordinance is exempt from environmental review un der the California Environmental Quality Act (CEQA) pursuant to the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that the adoption of this Ordin ance there is no possibility that the activity in question may have a significant effect on the environment. [CEQA Guidelines Section 15061(b)(3).]

SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held invalid by a court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, s entence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases, be declared invalid.

SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective on the thirty-first day following its adoption.

18 PASSED AND ADOPTED THIS ______ day of ____________________________ 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED

_________________________________
Kimbley Craig, Mayor
ATTEST

________________________
Patricia Barajas, City Clerk

APPROVED AS TO FORM

___________________________
Christopher A. Callihan, City Attorney

Ordinance amending Chapter 5, Article VII
of the Salinas Municipal Code;
Cannabis Regulations
Courtney Grossman, Planning Manager
Community Development Department
November 7, 2023
Commercial Cannabis Business Types
The City issues two types of commercial cannabis business permits: Commercial Cannabis Permits (CCP) and Administrative Permits (AP)
 CCPs are applicable to Cultivation, Delivery, Dispensary, Distribution, and Manufacturing
 APs are applicable to Testing Laboratories, Small Distribution (business premises under 500 square feet), Research and Development Facilities, and Nurseries
Commercial Cannabis Permit Status
 The City has issued 19 permits out of a total of 23:
 At permit quota for dispensary, distribution, and manufacturing  9 businesses are operational and have received a certificate of occupancy  11 businesses are not operational – only 5 have shown recent activity Business Type Permit Quota Active
Permits*
Operational
Businesses*
Cultivation 5 3 1
Delivery 3 1 1
Dispensary 5 5 3
Distribution 5 5 2
Manufacturing 5 5 2
Total 23 19 9
*As of July 2023.

The Amendment
The Amendment would modify the cannabis regulations as follows:
• Combine Dispensary and Delivery business types under a new definition of Retail Facility, which could allow up to a total of eight (8) business permits in a combination of dispensary and delivery services thereby potentially creating additional opportunities for Dispensaries;
• Reduce the required sensitive use buffer distance from 1,000 to 600 feet to align with state law; and
• Add authority to the cannabis selection committee to approve a Retail Facility if located within a non-state regulated sensitive use buffer upon findings that the intent of this article would otherwise be met.

Proximity to Sensitive Uses:
1,000’ Map 600’ Map

CEQA Consideration
Adoption of this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Conclusion/Recommendation
 The Amendment has been reviewed by the City Council Cannabis Subcommittee.
 Supports the Council’s goal of Economic Development by creating additional opportunities for Dispensaries under the new definition of Retail Facility, which may result in additional tax revenues.
 The Amendment has been coordinated with the Legal Department.  A motion to find the Amendment exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and to adopt an Ordinance amending Cannabis regulations Chapter 5, Article VII of the Salinas Municipal Code.

End of Presentation
The Cannabis Industry
Nursery
 Grows/Clones Immature Plants
 Sells to Retailer and Cultivation
 Statewide Market
 Taxed at $2/square foot
 Administrative Permit
 No Maximum
 None Approved
 None Operating

The Cannabis Industry
Retailer (Delivery)
 Sells Directly to the Consumer
 Non-Storefront
 Regional Market
 Taxed at 5% GR
 CC Permit
 Three Maximum
 One Approved
 One Operating

The Cannabis Industry
Retailer (Dispensary)
 Sells Directly to the Consumer
 Storefront
 Local Market
 Taxed at 5% GR
 CC Permit
 Five Maximum
 Five Approved
 Three Operating

The Cannabis Industry
Cultivation
 Grows/Harvests Mature Plants
 Sells to Retailer and Manufacturer
 Statewide Market
 Taxed at $15/square foot
 CC Permit
 Five Maximum
 Three Approved
 One Operating

The Cannabis Industry
Manufacturer
 Oil Extraction/Infusion, Product Manufacture
 Sells to Retailer
 Statewide Market
 Taxed at 5% GR
 CC Permit
 Five Maximum
 Four Approved
 Two Operating

The Cannabis Industry
Distribution
 Moves Product Between Licensees
 Acts as Broker and Collects State Taxes
 Statewide Market
 Not Taxed
 CC Permit
 Five Maximum
 Four Approved
 Two Operating

The Cannabis Industry
Testing Lab
 Ensures Product Safety and Potency
 Tests Samples When Product is Moved
 Local/Regional Market
 Not Taxed
 Administrative Permit
 No Maximum
 Two Approved
 Two Operating

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-662, Version: 1
Amendment No. 1 to the Master Service Agreement for Professional Services between the City of Salinas and with CSG Consultants, Inc.

Approve a Resolution authorizing Amendment No. 1 to a Master Service Agreement for Professional Services between the City of Salinas and CSG Consultants, Inc. in the amount not to exceed $882,042 to provide design, inspection, project management, construction management, labor compliance and environmental services for various capital improvement projects; and authorize the Interim City Manager or designee to execute and approve Amendment No. 1.

City of Salinas Printed on 11/9/2023Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: NOVEMBER 14, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: ROD POWELL, ASSISTANT DIRECTOR
BY: LUIS OCHOA, SR. COMMUNITY DEVELOPMENT ANALYST
TITLE: AMENDMENT NO. 1 TO THE MASTER SERVICE AGREEMENT

FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF
SALINAS AND CSG CONSULTANTS, INC.

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing:

1. the approval of Amendment No. 1 to a Master Service Agreement for Professional Services between the City of Salinas and CSG Consultants, Inc. in the amount not to exceed $882,042 to provide design, inspection, project management, construction management, labor compliance and environmental services for various capital improvement projects; and

2. the City Manager or designee to execute the Amendment No. 1 to the Master Service Agreement for Professional Services with CSG Consultants, Inc and any modifications or amendments necessary to support the completion of identified projects; and

3. the Community Development Director or designee to approve the Consultant ’s on-going performance of services without the need for subsequent Professional Service Agreements provided the Consultant is, at all times throughout the term thereof, in compliance with the terms and conditions of the Master Service Agreement and Amendment No. 1.

EXECUTIVE SUMMARY:

On February 7, 2023, City Council approved a Master Service Agreement for Professional Services (Agreement) between the City of Salinas (City) and CSG Consultants, Inc. (CSG), through Resolution No. 22588, to provide design, inspection, project management, construction management, labor compliance, and environmental services for four capital improvements projects by the Community Development Department (CDD) moving forward. However, the Agreement did not include a not to exceed amount for compensation. Amendment No. 1 adds a not to exceed amount of $882,042 to the Agreement between the City and CSG Consultants, Inc , describes the Scope of Service for each of the four projects, and clarifies the process for any future scope modifications.

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BACKGROUND:

On February 7, 2023, after a Request for Qualification (RFQ) process, City Council approved a Master Service Agreement between the City of Salinas and CSG Consultants, Inc. to provide design, inspection, project management, construction management, labor compliance, and environmental services to comply with the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA) , for four capital improvement projects. These projects include the Natividad Creek Park Restroom Rehabilitation, Sherwood Recreation Center – Phase IV, Chinatown Navigation Center Building Improvements and Shower Trailer Installation, and Chinatown Neighborhood Improvement s projects. The Master Services Agreement and approving Resolution No. 22588 (N. C. S) are provided as an attachment to this report.

On July 20, 2023, CDD approved proposals for Natividad Creek Park Restroom Rehabilitation, Sherwood Recreation Center – Phase IV, and Chinatown Navigation Center Building Improvements and Shower Trailer Installation projects, and CSG initiated work on these three projects. The three proposals are attached to this report.

Following Council approval and the City Manager’s execution of the initial Master Services Agreement on February 7, 2023, it was noticed that the Agreement did not establish a not to exceed amount. In consultation with the City Attorney and Finance Department, it was recommended that the proposed Amendment No. 1 be prepared and presented to Council for consideration.

The table below shows the three current and one planned proposal for the four projects identified under the Agreement. The table also includes a 15% contingency amount per project for a total not to exceed amount of $882,042 . All projects are funded through prior Council approval of associated Annual Action Plans (CDBG) and the City’s FY 2023-2024 Budget (CIP 9125 and CIP 9070).

Project Proposal
Amount
Contingency
(15%)
Total
Amount
Funding
Source
Natividad Creek Park
Restroom Rehabilitation
Project
$174,585 $26,188 $200,773 CDBG
Sherwood Recreation
Center – Phase IV Project $280,329 $42,049 $322,378 CDBG Chinatown Navigation
Center Building
Improvements and Shower
Trailer Installation Project
$112,079 $16,812 $128,891 CIP 9125
Chinatown Neighborhood
Improvements Project $200,000* $30,000* $230,000 CDBG
CIP 9070
Totals $766,993 $115,049 $882,042
* Staff projected estimate

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Approval of the proposed Amendment No. 1 will allow the City to complete necessary improvements to the Natividad Creek Park Restroom Rehabilitation Project and move other identified projects forward towards the development of design and constructions specifications and the eventual release of a Call for Bids within this fiscal year.

DEPARMENT COORDINATION:

Internal department coordination on this item involved the CDD Housing and Community Development Division, Library and Community Services Department, Public Works Department, Finance Department, and the City Attorney’s Office. External coordination and gui dance also included the U.S. Department of Housing and Urban Development (HUD).

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 proposed project and action support the City of Salinas Strategic Plan 2022-2025 Goals and Strategies related to Housing/Affordable Housing, Infrastructure and Environmental Sustainability, Public Safety, and Youth and Seniors through the provision of improved public facilities.

FISCAL AND SUSTAINABILITY IMPACT:

There is no fiscal impact associated with the approval of Amendment No. 1 to the Master Services Agreement with CSG as the associated costs will be realized on a project -by-project basis and reimbursed using previously approved Community Development Block Grant (CDBG), CIP 9125, and CIP 9070 funds.

ATTACHMENTS:

Resolution
Amendment No. 1 to the Master Services Agreement with CSG Resolution No. 22588 (N.C.S)
Master Services Agreement between the City of Salinas and CSG Consultants, Inc Natividad Creek Park Restroom Rehabilitation Proposal
Sherwood Recreation Center – Phase IV Proposal
Chinatown Navigation Center Building Improvements Proposal 1 RESOLUTION NO. (N.C.S.)

A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE MASTER SERVICE

AGREEMENTS FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND CSG CONSULTANTS, INC.

WHEREAS, the Community Development Department identified the need to utilize on - call consultants to provide design, inspection, project management, construction management, labor compliance, and environmental services to assist the department with any building projects, and other services related to design and construction of various Capital Improvement Projects (CIPs); and

WHEREAS, on February 7, 2023, City Council approved a Master Services Agreement between the City of Salinas and CSG Consultants, Inc. through Resolution No. 22588 (N.C.S), to provide design, inspection, project management, construction management, labor compliance, and CEQA/NEPA environmental consultant for several City CIPs; and

WHEREAS, On July 20, 2023, the Community Development Department approved proposals for Natividad Creek Park Restroom Rehabilitation, Sherwood Recreation Center – Phase IV, and Chinatown Navigation Center Building Improvements and Shower Trailer Installation projects and CSG initiated its service provision under the approved Agreement; and

WHEREAS, the funding allocated, including contingency, for Natividad Creek Park Restroom Rehabilitation is $200,773 from Community Deve lopment Block Grant (CDBG) , $322,378 from CDBG for Sherwood Recreation Center – Phase IV, and $128,891 from CIP 9125 for Chinatown Navigation Center Building Improvements and Shower Trailer Installation projects and CSG started to perform services; and

WHEREAS, the Community Development Department has requested a proposal from CSG for the Chinatown Neighborhood Improvements Project under an estimated funding amount of $230,000 in CDBG and CIP 9070 funds and is awaiting receipt of a final proposal as part of the Master Services Agreement; and

WHEREAS, said Master Services Agreement for Professional Services between the City of Salinas and CSG Consultants, Inc. did not include a not to exceed amount, and in consultation with City Attorney and Finance Department, it was recommended to bring forward the proposed Amendment No. 1 to allow for inclusion of a not to exceed amount and to provide additional clarification of the scope of work for each CIP.

NOW, THEREFORE, BE IT RESOLVED , that the Salinas City Council approves Amendment No. 1 to the Master Service Agreement for Professional Services between the City of Salinas and CSG Consultants, Inc. in the amount not to exceed $882,042 to provide design, inspection, project management, construction management, labor compliance and environmental services for various capital improvement projects; and
BE IT FURTHER RESOLVED, that the City Manager or designee is hereby authorized and directed, for and on behalf of the City of Salinas, to execute Amendment No. 1 to the Master 2 Service Agreement for Professional Services with CSG Consultants, Inc. and initiate and execute any modifications or other amendments necessary to support the completion of identified projects; and
BE IT FURTHER RESOLVED, that the Community Development Director or designee is hereby authorized to approve the Consultant's on -going performance of services without the need for subsequent Professional Service Agreements , provided the Consultant is, at all times throughout the term thereof, in compliance with the terms and conditions of t he Master Service Agreement for Professional Services and Amendment No. 1 approved through this Resolution.

PASSED AND APPROVED this 14th day of November 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

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Version: November 2022

AGREEMENT —AMENDMENT NO. 1 TO

MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN
CSG CONSULTANTS, INC. AND THE CITY OF SALINAS

This Amendment No. 1 to the Master Service Agreement for Professional Services (the “Amendment”) is entered into this 14th day of November 2023, by and between the City of Salinas (the “City”) and CSG Consultants, Inc. , (the “Consultant” or “CSG”). City and Consultant may be individually referred to herein as a “Party” and collectively the City and Consultant may be referred to as the “Parties.”

RECITALS
WHEREAS, the City and Consultant first entered into a Master Service Agreement for Professional Services effective February 7, 2023, pursuant to which Consultant agreed to provide certain services to the City for compensation (the “Agreement”); and
WHEREAS, the City and Consultant desire to amend the Agreement further clarify the scope of service and define the roles between the City and Consultant; and WHEREAS, the City and Consultant desire to amend the Agreement to stipulate an amount not to exceed $882,042 for the Natividad Creek Park Restroom Rehabilitation, Sherwood Recreation Center – Phase IV, Chinatown Navigation Center Building Improvements and Shower Trailer Installation, and Chinatown Neighborhood Improvements projects, as specified in CSG’s proposals and to clarify the scope of service.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:

TERMS

1. The Agreement, “Section 1. Scope of Service”, is amended to restate in this section the following:

It is understood by the City and Consultant that Consultants performs or secures the performance of design, inspection, project, construction management, labor compliance services, environmental services to comply with the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA) , and related services for the City on an on-going basis for the following Capital Improvement Projects (CIPs):

1) Natividad Creek Park Restroom Rehabilitation
a. Not To Exceed Amount: $200,773
b. Scope of Work
i. Inspection Services
ii. Project Management
iii. Construction Management
iv. Labor Compliance (Davis-Bacon and Prevailing Wages)

2) Sherwood Recreation Center – Phase IV,
a. Not To Exceed Amount: $322,378
b. Scope of Work
i. Design
ii. Inspection Services

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Version: November 2022

iii. Project Management
iv. Construction Management
v. Labor Compliance (Davis-Bacon and Prevailing Wages)
vi. CEQA and NEPA Environmental Services

3) Chinatown Navigation Center Building Improvements and Shower Trailer Installation, and a. Not To Exceed Amount: $128,891
b. Scope of Work
I. Design
II. Inspection Services
III. Project Management
IV. Construction Management
V. Labor Compliance (Davis-Bacon and Prevailing Wages)
VI. CEQA Environmental Services

4) Chinatown Neighborhood Improvements projects.
a. Not To Exceed Amount: $230,000
b. Scope of Work
I. Design
II. Inspection Services
III. Project Management
IV. Construction Management
V. Labor Compliance (Davis-Bacon and Prevailing Wages)
VI. CEQA and NEPA Environmental Services

Under this agreement, CSG shall not render any construction work for any of the previously stated projects. CSG will assist the City in the preparation of the project specifications, but the City shall be responsible for releasing the Call for Bids for each of the projects . CSG will also assist in reviewing bid proposals received, but the City will ultimately be responsible for accepting a lowest bid proposal from a qualified General Contractor (GC) through a competitive close d-bid process for each project per the City’s requirements. CSG shall not enter into any construction contracts on behalf of the City for any of the previously stated projects, as that will be the responsibility of the City.

CSG will also assist the City with environmental services for the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) as well as Labor Compliance for all projects. Labor Complian ce will include Davis -Bacon and California Prevailing Wage monitoring and regulations. CSG will follow the City of Salinas Labor Compliance Program approved by City Council on October 27, 2020.

The City shall collect all required documentation through the Call for Bids and will ensure all City, State, and Federal grant requirements are met before entering into a Construction Contract with a qualified General Contractor, and any subcontractors included under the General Contractor.

On each occasion the Consultant performs services for the City, the Consultant shall advise the City in writing of the scope of services to be provided and the cost of, and estimated time to perform services. Consultant shall not proceed to perform any such service until City a nd Consultant have established a project cost, a completion schedule and a time period for performance, and the City has given its written authorization to perform. Written approval for performance and compensation may be granted by the Community Developme nt Director. The

Page 3 of 3 ends

Version: November 2022

Community Development Director authorization shall be limited to the maximum not to exceed amount stipulated in this Amendment as outlined in Section 3 and the scope of services outlined in Section 1.

2. The Agreement, “Section 3. Compensation”, is amended to restate in this section the following:

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 an amount not to exceed Eight Hundred and Eighty-Two Thousand and Forty-Two dollars ($882,042.00) and set forth in proposals submitted by CSG for each individual project.

3. The Agreement, “Section 14. Changes to Scope of Work.” , is amended to restate in t his section the following:

City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement.

Consultant shall, upon receipt of said notice, de termine 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.

Should CSG bring on additional subconsultants not specified in their original Request for Qualifications Proposal for Master Services to perform any design, inspection, project and construction management, labor compliance, and CEQA/NEPA environmental services, these subconsultants shall be competitively procured, insurance certificates provided to the City, and require approval from the Community Development Director before bringing the subconsultant(s) under agreement.

4. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Consultant have entered into this Agreement as of the date first written above.

City of Salinas CSG Consultants, Inc.

By: By:

Jim Pia, Interim City Manager Cyrus Kianpour, President

APPROVED AS TO FORM:

By:

Chris Callihan, City Attorney
Rhonda Combs, Assistant City Attorney

1 RESOLUTION NO. 22588 (N.C.S.)

A RESOLUTION APPROVING MASTER SERVICES AGREEMENTS BETWEEN THE CITY OF SALINAS AND CSG CONSTULTANTS, INC. FOR ON-CALL PROJECT

MANAGEMENT AND DESIGN CONSULTANT SERVICES

WHEREAS, the Community Development Department has identified the need to utilize on-call consultants to provide Project Management and Design Consultant Services to assist the department with any building projects, and other services related to design and construct ion of various capital improvement projects; and

WHEREAS, on November 18, 2022, the City of Salinas engaged in a Request for Qualification (RFQ) process to identify firms with the requisite qualification to provide Project Management and Design Consultant Services; and

WHEREAS, on December 19, 2022, the Community Development Department, Housing Division staff received two Statement of Qualifications (SOQ) from consultants; and

WHEREAS, an evaluation committee consisting of Community Development Department staff and Public Works Engineering Division staff reviewed and interviewed each SOQ and selected CSG Consultants, Inc. (CSG) based on the criteria set forth in the Request for Qualifications; and

WHEREAS, CSG has extensive knowledge and experience in p roviding Project Management and Consultant Services to multiple municipalities in California.

NOW, THEREFORE, BE IT RESOLVED , that the Salinas City Council approves the Master Service Agreements between the City of Salinas and CSG Consultants, Inc. to provide Project Management and Design Consultant Services for various capital improvement projects; and

BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed, for and on behalf of the City of Salinas, to execute a Master Ser vices Agreement with CSG Consultants, Inc. and initiate and execute any modifications or amendments necessary to support the completion of identified projects; and

BE IT FURTHER RESOLVED, that the Community Development Director or designee is hereby authorized to approve the Consultant's on -going performance of services without the need for subsequent Professional Service Agreements provided the Consultant is, at all times throughout the term thereof, in compliance with the terms and conditions of the Master Service Agreement approved through this Resolution.

DocuSign Envelope ID: 8A9FA7F9-979A-43A0-BB0F-92AE4B159844 2 PASSED AND APPROVED this 7th day of February 2023, by the following vote:

AYES: Councilmembers Barrera, Gonzalez, McShane, Osornio, Rocha, Sandoval and Mayor Craig
NOES: None

ABSENT: None

ABSTAIN: None

APPROVED:

______________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
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Form: Professional Services Agreement v. January 2021 Page 1 of 16 CSG Consultants, Inc.

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MASTER SERVICE AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF SALINAS AND CSG
CONSULTANTS, INC.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

31. Counterparts. ...................................................................................................................... 10 DocuSign Envelope ID: A3A1AF79-0B98-47AE-BFF5-B216E76F6855

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

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

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

35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements .............................................................................................. 12 Exhibit B- Fee Schedule ............................................................................................................... 15

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AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND CSG CONSTULTANTS, INC.

This Master Service Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 7th day of February 2023, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and CSG Consultants, Inc. (dba CSG), a California corporation (hereinafter “Consultant”).

RECITALS

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

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

NOW, THEREFORE, City and Consultant agree as follows:

TERMS

1. Scope of Service. It is understood by the City and Consultant that Consultants performs or secures the performance of Project Management a nd Design Consultant Services , and related services for the City on an on-going basis. On each occasion Consultant performs services for the City, Consultant shall advise the City in writing of the scope of services to be provided and the cost of, and estimated time to perform services. Consultant shall not proceed to perform any such service until City and Consultant have established a project cost, a completion schedule and a time period for performance, and the City has given its written authorization to perform. Written approval for performance and compensation may be granted by the Community Development Department, Housing Division Planning Manager.

2. Term; Completion Schedule. This Agreement shall commence on February 7, 2023, and shall terminate on February 7, 2028, 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.

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:

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

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

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

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

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

7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, gene rally 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.

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

(C) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the 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 hold harmless, defend, and indemnify City and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Consultant , any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City.

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

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

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

14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both DocuSign Envelope ID: A3A1AF79-0B98-47AE-BFF5-B216E76F6855

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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 with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.

16. Termination.

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

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

(2) For any reason whatsoever.

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

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

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

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(2) Deliver to 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 material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.

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

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

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

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

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

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

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

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

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

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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:

Peykan Abbassi, PE, Principal-in-Charge
CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404
[email protected]

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

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

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

25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or 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 DocuSign Envelope ID: A3A1AF79-0B98-47AE-BFF5-B216E76F6855

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

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

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

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

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

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

CITY OF SALINAS

____________________________
Steve Carrigan
City Manager

APPROVED AS TO FORM:

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

CONSULTANT

___________________________________

By (Printed Name): ___________________
Its (Title): ___________________________

DocuSign Envelope ID: A3A1AF79-0B98-47AE-BFF5-B216E76F6855 Cyrus Kianpour
President

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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 five (5) years after Agreement completion.

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

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

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

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

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

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

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

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

DocuSign Envelope ID: A3A1AF79-0B98-47AE-BFF5-B216E76F6855

Form: Professional Services Agreement v. January 2021 Page 14 of 17 CSG Consultants, Inc.

February 2023

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement . All certificates and endorsements are to be received and approved by the City before work commences.

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

Subcontractors
Consultant shall require a nd 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.

DocuSign Envelope ID: A3A1AF79-0B98-47AE-BFF5-B216E76F6855

Form: Professional Services Agreement v. January 2021 Page 15 of 17 CSG Consultants, Inc.

February 2023

Exhibit B- Fee Schedule

DocuSign Envelope ID: A3A1AF79-0B98-47AE-BFF5-B216E76F6855

Form: Professional Services Agreement v. January 2021 Page 16 of 17 CSG Consultants, Inc.

February 2023

DocuSign Envelope ID: A3A1AF79-0B98-47AE-BFF5-B216E76F6855

Form: Professional Services Agreement v. January 2021 Page 17 of 17 CSG Consultants, Inc.

February 2023

DocuSign Envelope ID: A3A1AF79-0B98-47AE-BFF5-B216E76F6855

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dŚĞĨŽůůŽǁŝŶŐŝƐĂůŝƐƚŽĨĂƐƐƵŵƉƚŝŽŶƐĂŶĚŽƚŚĞƌĐŽŶƚƌĂĐƚƵĂůƉƌŽǀŝƐŝŽŶƐƚŚĂƚǁŝůůďĞƌĞƋƵŝƌĞĚďǇ^'ƚŽ ĐŽŵƉůĞƚĞƚŚĞƌĞƋƵŝƌĞĚǁŽƌŬ͗
ϭ͘ dŚŝƐ ƐĐŽƉĞ ŽĨ ǁŽƌŬ ĚŽĞƐ ŶŽƚ ŝŶĐůƵĚĞ Ă ŐĞŽƚĞĐŚŶŝĐĂů ƐŽŝůƐ ƌĞƉŽƌƚ͘ ^ ' Ă Ɛ Ɛ Ƶ ŵ Ğ Ɛ ƚ Ś Ă ƚ ƚ Ś Ğ Ɖ ƌ Ž ũ Ğ Đ ƚ Đ Ă Ŷ ď Ğ ĐŽŵƉůĞƚĞĚǁŝƚŚŝŶƚŚĞŐƵŝĚĞůŝŶĞƐĂůůŽǁĞĚďǇƚŚĞĐŽĚĞ͘
Ϯ͘ dĞĐŚŶŝĐĂů^ƚƵĚŝĞƐ;ĞŶǀŝƌŽŶŵĞŶƚĂůƐŝƚĞĂƐƐĞƐƐŵĞŶƚƐ͕ƉŚŽƚŽŵĞƚƌŝĐ ůŝŐŚƚŝŶŐƐƚƵĚŝĞƐͿĐĂŶďĞƉƌŽǀŝĚĞĚĂƐĂŶ ĂĚĚŝƚŝŽŶĂůƐĞƌǀŝĐĞƚŽƚŚĞŝƚǇ͘
ϯ͘ dŚŝƐ ƉƌŽƉŽƐĂů ĚŽĞƐ ŶŽƚ ŝŶĐůƵĚĞ ĂĚĚŝƚŝŽŶĂů ƉŚĂƐŝŶŐ͘ ĚĚŝƚŝŽŶĂů ĐŽƐƚ ǁŝůů ďĞ ƌĞƋƵŝƌĞĚ ĨŽƌ ŵƵůƚŝƉůĞ ƐƚĂŐĞ ĐŽŶƐƚƌƵĐƚŝŽŶĐŽŵƉŽŶĞŶƚƐ͘
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^/'E;WƌŽũĞĐƚƐĞƚƵƉͬƐƵďŵŝƚƚĂůƌĞǀŝĞǁͿ
ϯϲϬW^DͲ>ĂďŽƌŽŵƉůŝĂŶĐĞ;/ŶĐůƵĚĞƐϭϬйK,Ϳ Ψϳ͕ϯϲϱ͘ϬϬ
d^<ϯ͘Ϭ͗WK^dKE^dZhd/KE
^hͲdKd>
^ƵďͲŽŶƐƵůƚĂŶƚŽƐƚ dKd>K^d
dKd>K^d Ψϭϳϰ͕ϱϴϱ͘ϬϬ
EŽƚĞƐ͗
ϭ͘,ŽƵƌƐďĂƐĞĚŽŶĂĐŽŶƐƚƌƵĐƚŝŽŶƉĞƌŝŽĚƐƚĂƌƚĚĂƚĞŽĨ:ƵůǇϱ͕ϮϬϮϯĂŶĚĂĚƵƌĂƚŝŽŶŽĨϲϬͲϵϬǁŽƌŬŝŶŐĚĂǇƐ͕ǁŝƚŚĂŶĂĚĚŝƚŝŽŶĂůƚŝŵĞĨŽƌƉƌŽũĞĐƚĐůŽƐĞŽƵƚ͘ Ϯ͘KǀĞƌƚŝŵĞǁŝůůďĞďŝůůŝĞĚŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚŽƵƌDĂƐƚĞƌŐƌĞĞŵĞŶƚ&ĞĞ^ĐŚĞĚƵůĞ͘ ϯ͘WůĞĂƐĞŶŽƚĞƚŚĂƚƚŚĞĐŽŶƐƚƌƵĐƚŝŽŶŝŶƐƉĞĐƚŝŽŶůŝŶĞŝƚĞŵŝƐďĂƐĞĚŽŶϵϬĚĂǇƐĐŽŶƐƚƌƵĐƚŝŽŶĚƵƌĂƚŝŽŶǁŝƚŚĨƵůůƚŝŵĞŝŶƐƉĞĐƚŝŽŶ͘,ŽǁĞǀĞƌ͕ƚŚŝƐŝƐĂŶŽƚͲƚŽͲĞǆĐĞĞĚĂŵŽƵŶƚĂŶĚŝŶƐƉĞĐƚŝŽŶƐǁŝůůďĞĐŚĂƌŐĞĚƚŽƚŚĞĐŝƚǇŽŶůǇĨŽƌƚŚĞĚĂǇƐƚŚĞŝŶƐƉĞĐƚŽƌŝƐ ƌĞƋƵŝƌĞĚŝŶƚŚĞĨŝĞůĚĂƐƚŚĞĐŽŶƚƌĂĐƚŽƌ͛ƐƐĐŚĞĚƵůĞĚŝĐƚĂƚĞƐ͘ ^hͲdKd> Ψϳ͕ϯϲϱ͘ϬϬ

:ƵůǇϭϬƚŚ͕ϮϬϮϯ
ŚƌŝƐƚŝŶĂ'ŽŶǌĂůĞǌ͕ŽŵŵƵŶŝƚǇĞǀĞůŽƉŵĞŶƚŶĂůǇƐƚ
ŽŵŵƵŶŝƚǇĞǀĞůŽƉŵĞŶƚĞƉĂƌƚŵĞŶƚ
ŝƚǇŽĨ^ĂůŝŶĂƐ
ϲϱt͘ůŝƐĂů^ƚƌĞĞƚ͕ϮŶĚ&ůŽŽƌ
^ĂůŝŶĂƐ͕ϵϯϵϬϭ
ĐƌŝƐƚŝŶĂŐΛĐŝ͘ƐĂůŝŶĂƐ͘ĐĂ͘ƵƐ

ZĞ͗WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚĂŶĚĞƐŝŐŶŽŶƐƵůƚĂŶƚ^ĞƌǀŝĐĞƐĨŽƌ^ŚĞƌǁŽŽĚZĞĐƌĞĂƚŝŽŶĞŶƚĞƌ;WŚĂƐĞϰͿ
^'ŽŶƐƵůƚĂŶƚƐ͕/ŶĐ͘;^'ͿŝƐƉůĞĂƐĞĚƚŽƐƵďŵŝƚƚŚŝƐWƌŽƉŽƐĂůƚŽĂƐƐŝƐƚƚŚĞŝƚǇŽĨ^ĂůŝŶĂƐ;ŝƚǇͿǁŝƚŚƚŚĞ ĚĞƐŝŐŶĂŶĚƉƌŽũĞĐƚĂŶĚĐŽŶƐƚƌƵĐƚŝŽŶŵĂŶĂŐĞŵĞŶƚĨŽƌŵŝƐĐĞůůĂŶĞŽƵƐŝŵƉƌŽǀĞŵĞŶƚƐƚŽƚŚĞ^ŚĞƌǁŽŽĚ ZĞĐƌĞĂƚŝŽŶĞŶƚĞƌ;WŚĂƐĞϰͿ͘
WĞǇŬĂŶďďĂƐƐŝ͕W
͕ǁŝůůƐĞƌǀĞĂƐƚŚĞWŽŝŶƚŽĨŽŶƚĂĐƚƚŽƉĞƌĨŽƌŵƚŚĞƉƌŽũĞĐƚĂŶĚ ĐŽŶƐƚƌƵĐƚŝŽŶŵĂŶĂŐĞŵĞŶƚ ƐĞƌǀŝĐĞƐĨŽƌƚŚŝƐWƌŽũĞĐƚ͘Dƌ͘ďďĂƐƐŝďƌŝŶŐƐŽǀĞƌϯϬǇĞĂƌƐŽĨ ĨĂĐŝůŝƚǇĂŶĚĞŶŐŝŶĞĞƌŝŶŐŵĂŶĂŐĞŵĞŶƚĞǆƉĞƌŝĞŶĐĞ ĨŽƌůĂƌŐĞĂŶĚƐŵĂůůƉƌŽũĞĐƚƐŝŶŵƵŶŝĐŝƉĂůŐŽǀĞƌŶŵĞŶƚ͘,ŝƐĐŽŶƚĂĐƚŝŶĨŽƌŵĂƚŝŽŶŝƐĂƐĨŽůůŽǁƐ͗ ϯϳϬϳt͘'ĂƌĚĞŶ'ƌŽǀĞŽƵůĞǀĂƌĚ͕^ƵŝƚĞϭϬϬ͕KƌĂŶŐĞ͕ϵϮϴϲϴ ;ϳϭϰͿϱϲϴͲϭϬϭϬƉŚŽŶĞͮ;ϴϭϴͿϴϬϬͲϲϯϮϲĐĞůůͮƉĞǇŬĂŶĂΛĐƐŐĞŶŐƌ͘ĐŽŵ ^ĐŽƉĞŽĨtŽƌŬ
^ ' ǁ ŝ ů ů Ă Đ ƚ Ă Ɛ Ă Ŷ Ğ ǆ ƚ Ğ Ŷ Ɛ ŝ Ž Ŷ Ž Ĩ ƚ Ś Ğ ŝ ƚ Ǉ ͛ Ɛ Ɛ ƚ Ă Ĩ Ĩ ŵ Ă Ŷ Ă Ő ŝ Ŷ Ő ƚ Ś Ğ WƌŽũĞĐƚ;ƐͿ͕ ĐŽŵŵƵŶŝĐĂƚŝŶŐ ǁŝƚŚƚŚĞ ŝƚǇ ƐƚĂĨĨ͕ ĚĞƐŝŐŶ ĐŽŶƐƵůƚĂŶƚ͕ ĂŶĚ ƐƚĂŬĞŚŽůĚĞƌƐ͘ dĂƐŬƐ ƚŚĂƚ ^' ǁŝůů ďĞ ƌĞƐƉŽŶƐŝďůĞ ĨŽƌ ŝŶĐůƵĚĞ ƚŚĞ ƉƌŽũĞĐƚ ŵĂŶĂŐĞŵĞŶƚ ĂŶĚ ĚĞƐŝŐŶ ĐŽŶƐƵůƚĂŶƚƐĞƌǀŝĐĞƐĂƐĨŽůůŽǁƐ͗
ŽŵƉůĞƚĞĚĞƐŝŐŶƉůĂŶƐ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶƐ;ƐŚŽƌƚĨŽƌŵͿĂŶĚƉĞƌŵŝƚƚŝŶŐ͘ WƌŽũĞĐƚ ŵĂŶĂŐĞŵĞŶƚ ĂŶĚ ĐŽŽƌĚŝŶĂƚŝŽŶ ŝŶĐůƵĚŝŶŐ ĐŽŶƐƵůƚĂŶƚ ĂĚŵŝŶŝƐƚƌĂƚŝŽŶ ĂŶĚ ĐŽŶƚƌĂĐƚ ŵĂŶĂŐĞŵĞŶƚ͘ ŽŶƐƚƌƵĐƚĂďŝůŝƚǇƌĞǀŝĞǁƐ͘
WƌŽǀŝĚĞďŝĚĂŶĚĂǁĂƌĚƐƵƉƉŽƌƚ͘
ŽŵƉůĞƚĞ
Y͘
ŽŵƉůĞƚĞE
WƌĞƋƵŝƌĞŵĞŶƚƐƉĞƌĂĚĚŝƚŝŽŶĂůĐŝƚǇƐĐŽƉĞ͕ĚŝƐĐƵƐƐĞĚŝŶƉƌŝůϮϳƚŚ͕ϮϬϮϯŵĞĞƚŝŶŐ͘ DŽŶŝƚŽƌĂůůĞǆƉĞŶĚŝƚƵƌĞƐĂŶĚƚƌĂĐŬŐƌĂŶƚĨƵŶĚŝŶŐ͘
WƌŽǀŝĚĞĐŽŶƐƚƌƵĐƚŝŽŶŵĂŶĂŐĞŵĞŶƚĂŶĚŝŶƐƉĞĐƚŝŽŶƐƵƉƉŽƌƚ;ĂĨĞĞĨŽƌƚŚŝƐǁŽƌŬŝƐǇĞƚƚŽďĞĚĞƚĞƌŵŝŶĞĚͿ͘ tŽƌŬƌĞĂŬĚŽǁŶĂŶĚWƌŽƉŽƐĞĚ&ĞĞ
WůĞĂƐĞƐĞĞƚŚĞĂƚƚĂĐŚĞĚƐĐŚĞĚƵůĞŽĨĨĞĞƐĨŽƌĂĚĞƚĂŝůĞĚďƌĞĂŬĚŽǁŶ͘

ǆĐůƵƐŝŽŶƐ
dŚĞĨŽůůŽǁŝŶŐŝƐĂůŝƐƚŽĨĂƐƐƵŵƉƚŝŽŶƐĂŶĚŽƚŚĞƌĐŽŶƚƌĂĐƚƵĂůƉƌŽǀŝƐŝŽŶƐƚŚĂƚǁŝůůďĞƌĞƋƵŝƌĞĚďǇ^'ƚŽ ĐŽŵƉůĞƚĞƚŚĞƌĞƋƵŝƌĞĚǁŽƌŬ͗
ϭ͘ dŚŝƐ ƐĐŽƉĞ ŽĨ ǁŽƌŬ ĚŽĞƐ ŶŽƚ ŝŶĐůƵĚĞ Ă ŐĞŽƚĞĐŚŶŝĐĂů ƐŽŝůƐ ƌĞƉŽƌƚ͘ ^ ' Ă Ɛ Ɛ Ƶ ŵ Ğ Ɛ ƚ Ś Ă ƚ ƚ Ś Ğ Ɖ ƌ Ž ũ Ğ Đ ƚ Đ Ă Ŷ ď Ğ ĐŽŵƉůĞƚĞĚǁŝƚŚŝŶƚŚĞŐƵŝĚĞůŝŶĞƐĂůůŽǁĞĚďǇƚŚĞĐŽĚĞ͘
Ϯ͘ dĞĐŚŶŝĐĂů^ƚƵĚŝĞƐ;ĞŶǀŝƌŽŶŵĞŶƚĂůƐŝƚĞĂƐƐĞƐƐŵĞŶƚƐ͕ƉŚŽƚŽŵĞƚƌŝĐ ůŝŐŚƚŝŶŐƐƚƵĚŝĞƐͿĐĂŶďĞƉƌŽǀŝĚĞĚĂƐĂŶ ĂĚĚŝƚŝŽŶĂůƐĞƌǀŝĐĞƚŽƚŚĞŝƚǇ͘
ϯ͘ dŚŝƐ ƉƌŽƉŽƐĂů ĚŽĞƐ ŶŽƚ ŝŶĐůƵĚĞ ĂĚĚŝƚŝŽŶĂů ƉŚĂƐŝŶŐ͘ ĚĚŝƚŝŽŶĂů ĐŽƐƚ ǁŝůů ďĞ ƌĞƋƵŝƌĞĚ ĨŽƌ ŵƵůƚŝƉůĞ ƐƚĂŐĞ ĐŽŶƐƚƌƵĐƚŝŽŶĐŽŵƉŽŶĞŶƚƐ͘
^ŚŽƵůĚĂĚĚŝƚŝŽŶĂůǁŽƌŬďĞƌĞƋƵŝƌĞĚďĞǇŽŶĚƚŚĞƐĐŽƉĞŽĨǁŽƌŬĞŶƵŵĞƌĂƚĞĚŝŶƚŚŝƐůĞƚƚĞƌ͕ǁŚĞƚŚĞƌŝƚďĞĚƵĞƚŽ ƵŶĨŽƌĞƐĞĞŶƐŝƚĞĐŽŶĚŝƚŝŽŶƐŽƌKǁŶĞƌƌĞƋƵĞƐƚƐ͕ĂĚĚŝƚŝŽŶĂůǁŽƌŬƐŚĂůůďĞĐŽŵƉĞŶƐĂƚĞĚĞŝƚŚĞƌŽŶĂdΘDďĂƐŝƐ ŽƌĨŝǆĞĚĨĞĞĂƐƌĞƋƵĞƐƚĞĚďǇƚŚĞůŝĞŶƚ͘
Agreement No. 23CDBG03
^' WZKWK^>&KZ /dzK& ^>/E^
WZK:
d DE'
D
EdE
^/'E KE^h>dEd ^
Zs/
^&KZ
/dzK& ^>/E^ /DWZKs
D
Ed WZK:
d^
tĞůŽŽŬĨŽƌǁĂƌĚƚŽǁŽƌŬŝŶŐǁŝƚŚƚŚĞŝƚǇŽĨ^ĂůŝŶĂƐŽŶƚŚŝƐWƌŽũĞĐƚ͘/ĨǇŽƵŚĂǀĞĂŶǇƋƵĞƐƚŝŽŶƐŽƌƌĞƋƵŝƌĞĂĚĚŝƚŝŽŶĂů ŝŶĨŽƌŵĂƚŝŽŶ͕ƉůĞĂƐĞĐŽŶƚĂĐƚǇƌŝůŚĂƌůĞƐ͕W͘
͕͘^ƌ͘WƌŽũĞĐƚDĂ ŶĂŐĞƌ;ĐǇƌŝůĐΛĐƐŐĞŶŐƌ͘ĐŽŵͿŽƌŵĞŝŶƚŚĞĐŽŶƚĂĐƚ ŝŶĨŽƌŵĂƚŝŽŶƉƌŽǀŝĚĞĚďĞůŽǁ͘
^ŝŶĐĞƌĞůǇ͕
WĞǇŬĂŶďďĂƐƐŝ͕W
͕sŝĐĞWƌĞƐŝĚĞŶƚ
;ϴϭϴͿϴϬϬͲϲϯϮϲĐĞůů͕
ƉĞǇŬĂŶĂΛĐƐŐĞŶŐƌ͘ĐŽŵ
ƚƚĂĐŚŵĞŶƚ͗
ϭ͘ ^ŚĞƌǁŽŽĚZĞĐƌĞĂƚŝŽŶĞŶƚĞƌWƌŽũĞĐƚ&ĞĞ^ĐŚĞĚƵůĞ
Ϯ͘ D
/&ĞĞWƌŽƉŽƐĂůĚĂƚĞĚƉƌŝůϮϰ͕ϮϬϮϯ
ϯ͘ D
/ĞƐŝŐŶ^ĐŚĞĚƵůĞ
ϰ͘ ^ĂůŝŶĂƐ͞Z&YĨŽƌƚŚĞWDĂŶĚĞƐŝŐŶŽŶƐƵůƚĂŶƚ^ĞƌǀŝĐĞƐŽĨDƵůƚŝƉůĞWƵďůŝĐ&ĂĐŝůŝƚŝĞƐĂŶĚ/ŵƉƌŽǀĞŵĞŶƚWƌŽũĞĐƚƐ͟ ĚĂƚĞĚEŽǀĞŵďĞƌϭϴ͕ϮϬϮϮ
&LW\RI6DOLQDV
DSSURYDOIRUSHUIRUPDQFHDQGFRPSHQVDWLRQ
)UDQFLVFR%UDPELOD
$FWLQJ3ODQQLQJ0DQDJHU
Lisa Brinton, Director
dKd>K^d
ZK>
^d&& t<ϭ t<Ϯ t<ϯ t<ϰ t<ϱ t<ϲ t<ϳ t<ϴ t<ϵ t<ϭϬ t<ϭϭ t<ϭϮ t< ϭϯ t<ϭϰ t<ϭϱ WƌŝŶĐŝƉĂů
ŶŐŝŶĞĞƌ WĞǇŬĂŶďďĂƐƐŝ Ϯ͘Ϭ Ϯ͘Ϭ ϭ͘ϱ ϭ͘ϱ ϭ͘ϱ ϭ͘ϱ ϭ͘ϱ ϭ͘ϱ ϭ͘ϱ ϭ͘ϱ ϭ ͘ϱ ϭ͘ϱ ϭ͘ϱ Ϯ͘Ϭ Ϯ͘Ϭ Ϯϱ ΨϮϱϬ͘ϬϬ Ψϲ͕ϭϮϱ͘ϬϬ ^ ƌ ͘ W ƌ Ž ũ Ğ Đ ƚ D Ă Ŷ Ă Ő Ğ ƌ Ǉ ƌ ŝ ů Ś Ă ƌ ů Ğ Ɛ ϴϴϴϴϴϴϴϴϴϴϴϴϴϴϴ ϭ Ϯ Ϭ Ψ Ϯϯϱ͘ϬϬ ΨϮϴ͕ϮϬϬ͘ϬϬ ^ƌ͘
ŶŐŝŶĞĞƌƐ;ŽŶƐƚƌƵĐƚĂďŝůŝƚǇZĞǀŝĞǁͿ d ϬϬϬϬϬϬϬϬϬϬϬ ϭ ϲ ϭ ϲ ϬϬ ϯ Ϯ ΨϮϯϱ͘ϬϬ Ψϳ͕ϱϮϬ͘ϬϬ Ɛ Ɛ ƚ ͘ W ƌ Ž ũ Ğ Đ ƚ D Ă Ŷ Ă Ő Ğ ƌ ƌ Ž Ŷ ǁ Ǉ Ŷ Ă ů ů Ğ ƌ Ž ϮϮϮϮϮϮϮϮϮϮϮϮϮϮϮ ϯ Ϭ ΨϭϰϬ͘ϬϬ Ψϰ͕ϮϬϬ͘ϬϬ ZK>
^d&& t<ϭϲ t<ϭϲ t<ϭϲ t<ϭϲ
W ƌ ŝ Ŷ Đ ŝ Ɖ Ă ů
Ŷ Ő ŝ Ŷ Ğ Ğ ƌ W Ğ Ǉ Ŭ Ă Ŷ ď ď Ă Ɛ Ɛ ŝ ϬϬϬϬ Ϭ ΨϮϱϬ͘ϬϬ ΨϬ͘ϬϬ ^ ƌ ͘ W ƌ Ž ũ Ğ Đ ƚ D Ă Ŷ Ă Ő Ğ ƌ Ǉ ƌ ŝ ů Ś Ă ƌ ů Ğ Ɛ ϰϰϰϰ ϭϲ ΨϮϯϱ͘ϬϬ Ψϯ͕ϳϲϬ͘ϬϬ Ɛ Ɛ ƚ ͘ W ƌ Ž ũ Ğ Đ ƚ D Ă Ŷ Ă Ő Ğ ƌ ƌ Ž Ŷ ǁ Ǉ Ŷ Ă ů ů Ğ ƌ Ž ϰϰϰϰ ϭϲ ΨϭϰϬ͘ϬϬ ΨϮ͕ϮϰϬ͘ϬϬ ZK>
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Contract Change Order #1
(To be included in the following pages)

HOURLY HOURLY
TOTAL RATE RATE TOTAL COST
ROLE STAFF WK 1 WK 2 WK 3 WK 4 WK 5 WK 6 WK 7 WK 8 WK 9 WK 10 WK 11 WK 12 WK 13 WK 14 WK 15 HOURS 2023 2024 Principal Engineer Peykan Abbassi 2.0 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 2.0 2.0 25 $250.00 $6,125.00 Sr. Project Manager Cyril Charles 88 888 88888 888 88 1 2 0 $235.00 $28,200.00 Sr. Engineers (Constructability Review) TBD 00 000 00000 0 1 6 1 6 00 3 2 $235.00 $7,520.00 Asst. Project Manager Bronwyn Callero 22 222 22222 222 22 3 0 $140.00 $4,200.00 ROLE STAFF WK 16 WK 16 WK 16 WK 16
Principal Engineer Peykan Abbassi 00 00 0 $250.00 $0.00 Sr. Project Manager Cyril Charles 44 44 16 $235.00 $3,760.00 Asst. Project Manager Bronwyn Callero 44 44 16 $140.00 $2,240.00

1. Overtime will be billied in accordance with our Master Agreement Fee Schedule.

2. Construction and Post‐Construction Phase costs and staffing are not included and will be based on the estimated construction costs from the developed design.

TOTAL COST $249,921.00
Staffing Plan and Cost Proposal for Design and Project Management Services for the Sherwood Recreation Center Project
SUB‐TOTAL $12,992.00
MEI (Design Consultants) CAD Backgrounds 08.30.2023 (Add Service #1) $12,992.00 Additional Services TOTAL COST
NEPA Consultant (Additional scope requested by city, environmental clearance required by funding source ‐ TBD)
$45,000.00
SUB‐TOTAL $184,884.00
MEI (Design Consultants) $136,164.00
CEQA Consultant (TBD) $3,720.00
TASK 3.0: POST CONSTRUCTION
SUB‐TOTAL
Sub‐Consultant Cost TOTAL COST
TASK 1.0: DESIGN PHASE
TASK 2.0: BID and AWARD
TASK 3.0: CONSTRUCTION
2023

MEI ARCHITECTS 949 GRANT AVENUE SAN FRANCISCO CA 94108 P 415.703.0328 F 415.707.6328 www.meiarchitects.com
03 July 2023

Mr. Peykan Abassi
Vice President, Engineering So Cal
CSG Consultants, Inc
3707 W. Garden Grove Blvd, Ste 100
Orange, CA 92868
[email protected]

Re: City of Salinas; Add Service 1, CAD backgrounds
MEI Project # 821

Dear Peykan:

Per CSG’s request, we are submitting this request to prepare CAD backgrounds for the Chinatown Navigation Center and Sherwood Recreation Center projects.

As noted in our original scoping and fee proposal from April 2023, we observed that the PDFs given to MEI Architects were based on CAD drawings prepared by the previous AOR for the two facilities. We assumed that CAD backgrounds would be made available to the team and noted that in our proposal. Since the City has been unable to obtain these files, we need to create new backgrounds for the two projects.

Navigation Center: The PDFs provided to us are complete enough to where this should be a relatively simple drafting exercise to create backgrounds for our MEP consultant. We have budgeted 16 hours of draftsman time and 4 hours of principal time to perform this task.

Sherwood Recreation Center: As noted previously, there appears to have been at least 3 phases of work done at the Sherwood Center and we have only been provided with Phase 1 and Phase 3 drawings. These drawings, while prepared on CAD, are much more limited in information than the Chinatown Navigation Center drawings. Phase 1 was the original demolition of the pool and infill. Phase 3 was the more recent interior renovation work which gives us our current plan. While the basic room layouts are present, we will need to come down to the site to take measurements and photos so we can accurately locate these elements and create exterior elevations that are accurate enough to prepare our work from. We will need to do this in 3 phases; initial creation of CAD plans so we can prepare plots to bring down for our site visit, followed by final drafting of plans.

We will prepare the projects in Revit and the database will be turned over to the City after completion of the project. While this work will allow us to proceed with the design work, there may be some critical information in the missing Phase 2 Sherwood drawings that will shed some light on the construction of the infill wall on the south side of the gymnasium space. We can only guess as to what foundation exists under the infill walls and we were informed that there was a potential water intrusion issue at the base of that wall, so we can only design to the information that we have been given or to what is observable to the eye.

Our fee for the scope listed above.

Our proposed fee for this project includes costs for the 220 mile round trip from SF.

Regards,

Michael Wang
Principal, MEI Architects

Attachment: Sherwood Recreation Center Phase 1 roof plan and Phase 3 Architectural Plan

Phase 1 Sherwood Center roof framing plan; the only dimensioned plan available

Phase 3 Sherwood Recreation Center Architectural Plan

Contract Change Order #2
(To be included in the following pages)

TOTAL COST
ROLE STAFF WK 1 WK 2 WK 3 WK 4 WK 5 WK 6 WK 7 WK 8 WK 9 WK 10 W K 11 WK 12 WK 13 WK 14 WK 15 Principal Engineer Peykan Abbassi 2.0 2.0 1.5 1.5 1.5 1.5 1 .5 1.5 1.5 1.5 1.5 1.5 1.5 2.0 2.0 25 $250.00 $6,125.00 Sr. Project Manager Cyril Charles 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 120 $ 235.00 $28,200.00 Sr. Engineers (Constructability Review) TBD 0 0 0 0 0 0 0 0 0 0 0 16 16 0 0 32 $235.00 $7,520.00 Asst. Project Manager Bronwyn Callero 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 30 $140.00 $4,200.00 ROLE STAFF WK 16 WK 16 WK 16 WK 16
Principal Engineer Peykan Abbassi 0 0 0 0 0 $250.00 $0.00 Sr. Project Manager Cyril Charles 4 4 4 4 16 $235.00 $3,760.00 Asst. Project Manager Bronwyn Callero 4 4 4 4 16 $140.00 $2,240.00

ROLE STAFF MTH MTH MTH MTH MTH MTH MTH MTH MTH MTH MTH MTH MTH MTH MTH Principal Engineer TBD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $250.00 $0.00 Sr. Project Manager TBD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $235.00 $0.00 Construction Manager (Associate Engineer) TBD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $185.00 $0.00 Construction Inspector TBD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $165.00 $0. 00 Asst. Project Manager TBD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $140.00 $0.0 0 Construction Manager TBD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $185.00 $0.00 Document Control TBD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $140.00 $0.00 0 0 0 0 0 0 0 0 0 0 11.5 27.5 27.5 12 12 91 $52,045.00
TASK 3.0: CONSTRUCTION
Staffing Plan and Cost Proposal for Design and Project Management Services for the Sherwood Recreation Center Project
TOTAL
HOURS
HOURLY
RATE
2023
HOURLY
RATE
2024
2023
TASK 1.0: DESIGN PHASE
$3,720.00
TASK 3.0: POST CONSTRUCTION
SUB‐TOTAL
Sub‐Consultant Cost TOTAL COST
TOTAL COST $280,329.00
Notes:

1. Overtime will be billied in accordance with our Master Agreement Fee Schedule.

2. Construction and Post-Construction Phase costs and staffing are not included and will be based on the estimated construction costs from the developed design.

TASK 2.0: BID and AWARD
NEPA Consultant (Additional scope requested by city, environmental clearance required by funding source - TBD)
$45,000.00
SUB‐TOTAL $184,884.00
MEI (Design Consultants) $136,164.00
CEQA Consultant (TBD)
MEI Design Fee Proposal for Misc. Scope Changes 08.30.2023 (Add Service #2) $26,442.00 Additional Services TOTAL COST
MEI (Design Consultants) CAD Backgrounds 08.30.2023 (Add Service #1) $12,992.00 SUB‐TOTAL $43,400.00
CSG Fee Proposal for Misc. Scope Changes (Add Service #2) $3,966.00

MEI ARCHITECTS 949 GRANT AVENUE SAN FRANCISCO CA 94108 P 415.703.0328 F 415.707.6328 www.meiarchitects.com
30 August 2023

Mr. Charles Cyrill
CSG Consultants, Inc
3707 W. Garden Grove Blvd, Ste 100
Orange, CA 92868
[email protected]

Re: City of Salinas; Add Service 2, Misc scope changes at CNC and Sherwood Center MEI Project # 821

Dear Charles:

During our site visit of 8/16/23 and subsequent communication with the City, various changes to the original scope of the project have been made. This additional service is meant to capture the additional design costs anticipated by the Design team to assist with the completion of the project.

Navigation Center:

1. The existing building was discovered to have only two roof drains, with no overflow drains, one of which was visibly plugged with debris. During the site visit of 8/16/23, it was discussed and agreed with Mr. John Falkenberg, that both internal roof drains should be replaced with a roof scupper with and overflow. The existing roof drain will be capped off and all roof drainage diverted to the new scupper drain. MEI estimates this to require additional time detailing the new wall penetration and repair to the existing roof membrane system to incorporate new roof scupper drains. There is no MEP cost associated with this work. We estimate this to take 4 hours of principal time and 12 hours of drafting/design time to complete this work.

2. Laundry Room: The City discussed the desire to replace the existing residential grade washer and dryers with more robust commercial/industrial type machines. To this date, we have discussed via email different types of washer/extractors and dryers and the need for additional expertise to make recommendations to the City as it involves an analysis of the use and anticipated laundry load as well as staff operation of the machines. This is beyond the expertise of this design team and we recommend that CSG/City of Salinas retain an independent consultant experienced with commercial laundry operations to make final recommendations on this matter. Based on our talk today, 8/30/23, we understand that the desire is to use a commercial grade washer that is not physically attached to the structure. We will look into options for this, but have included $850 of RPM time for structural analysis and 8 hours of principal time and 8 hours of draftsman time for MEI for research and incorporation of final recommendation/selection by the City. It is assumed that we will be able to use the existing infrastructure/utilities in the room to support the replacement equipment. There is no provision to accommodate any sorting/storage beyond the available space in the existing laundry room.

Sherwood Recreation Center:

1. During our previous site walks, we discussed and confirmed the removal of the abandoned stair and associated roof structure at the NE corner of the center. There is no added cost for this work.

2. During our 8/16/23 site visit, the City asked us to remove the existing CMU screen walls on the west side of the building in front of the multipurpose room on the west side and the Women’s restroom and shower on the north side of the building. As part of this work, we agreed to add a parapet to the top of the women’s restroom wing to match the existing CMU wall that will remain. We are requesting $3,300 for RPM to perform structural analysis for this work, including the new parapet design, and 8 hours of principal time and 24 hours of draftsman time for the additional design work in these areas.

3. During our 8/16/23 site visit, we discussed removing the existing access door to the storage room on the west side of the facility and to replace the existing concrete paving on the south side of the facility with new concrete paving and trench drains. The original scope of work did not include repaving this area.

We are requesting $4,500 for RPM to perform civil work related to drainage and paving of this area and 3 hours of principal time and 12 hours of draftsman time for MEI to coordinate and incorporate these design changes.

4. During our 8/16/23 site visit, we took photos of the existing roof and rooftop equipment. It appears that the roof is in basically good shape and the water intrusion that we noted earlier was from improperly sealed skylights. We are not including any reroofing scope for the Sherwood Center in our project, but can advise the GC as to removing the existing skylights/curbs and reroofing this area at no additional cost.

5. Subsequent to our 8/16/23 site visit, there have been emails from the City discussing the possibility and desire to remove the existing painted wood shingles from the building and replacing them with another material. There was also the mention of the likelihood of Lead Based Paints being present on the wood, given the age of the facility. The City circulated previous surveys and removal specifications which we have responded to separately in an email to CSG and the City representatives. Hazardous material removal is not included in our work scope and we recommend that CSG or the City contract separately for this scope of work; we are happy to provide access to our drawings/documents to any remediation professional. Regarding replacement of the existing wood shingles (which are in very poor shape and need replacement anyway) with a different material, the City has mentioned the need to go through NEPA/Environmental review for this project. We are including with this add service request, an allowance of 16 principal hours and 48 designer/draftsperson hours for design work with rendered elevations/perspectives for community/city review.

Add Service 2 Fees:

Chinatown Navigation Center
RPM: $ 850.00
MEI $ 5,915.00
Total $ 6,765.00

Sherwood Recreation Center
RPM: 7,800.00
MEI 18,642.00
Total $ 26,442.00

Total Fee Summary:

Add Service 2 Add Service 1 Base Contract Total All fees RPM $ 8,650.00 $ 0.00 $60,400.00 $ 69,050.00
MEI $ 24,557.00 $ 16,240.00 $127,993.00 $ 168,790.00
Groundworks $ 0.00 $ 0.00 $15,000.00 $ 15,000.00
Total $ 33,207.00 $ 16,240.00 $203,393.00 $237,840.00

Regards,

Michael Wang
Principal, MEI Architects

Phase 1 Sherwood Center roof framing plan; the only dimensioned plan available

Phase 3 Sherwood Recreation Center Architectural Plan

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MEI ARCHITECTS 949 GRANT AVENUE SAN FRANCISCO CA 94108 P 415.703.0328 F 415.707.6328 www.meiarchitects.com
07 April 2023

Mr. Peykan Abassi
Vice President, Engineering So Cal
CSG Consultants, Inc
3707 W. Garden Grove Blvd, Ste 100
Orange, CA 92868
[email protected]

Re: City of Salinas
MEI Project # 821

Dear Peykan:

We are pleased to present our fees for the City of Salinas Improvement Projects. This fee proposal is based on my site walk with you and the City of Salinas planning staff on Tuesday, 21 April 2023. It was determined that MEI’s scope of services would be limited, at this time, to two projects:

1. Misc. improvements to the Sherwood Recreation Center.

2. Misc. improvements to the Chinatown Navigation Center.

Although we did walk the Chinatown neighborhood and discussed the City’s interest in the purchase and rehabilitation of the Republic Café, there was no clear direction on services required so this proposal is only limited to the two projects listed above.

I have attached my site visit notes to this proposal as a record of what was discussed and what our fee is based upon. Because each of these projects are considered separate projects and will be permitted and bid separately, the only chance for combining meetings and site visits will be at the design phase. We are assuming separate efforts for CA, but have limited the visits to a maximum of 3 visits each, including the final punch list. It is assumed that we will be using a short form specification on the drawings instead of a formal specifications manual.

Sherwood Recreation Center Scope of Work (see also Appendix A and B, RPM and Groundworks proposals)

1. Sitework coordination with Civil Engineer & Landscape Architect:
a. Accessible path of travel from transit stop on N. Main to building. b. Reconfigured parking lot on west side of building for disabled parking/van parking and drainage c. All required signage for accessible parking and exterior path of travel leading into the building. d. New accessible path of travel from east egress door of gym space to Aquatic Center walkway. e. New accessible path of travel from south egress door of gym space to parking lot. f. Replace fencing and gates at area/yard to the south of the Rec Center. g. Install new drainage and redirect roof drains at space to the west of the Rec Kitchen area. h. Replace gate to storage yard on north side of facility i. Regrade storage yard on north side to make doors comply j. See item 2.i below

2. Exterior Architectural Work
a. Replace shingles throughout.
b. Study possible shingling of raised storage walls at SW corner of building c. Replace damaged windows with new alum frame windows; preserve outer wood frames or replace where required due to deteriorated conditions:
i. South side of Rec center, kitchen wall
ii. Windows at north side service yard
iii. Windows at mens and womens shower/toilet rooms at north side service yard. d. Fill in alcove adjacent to main entry at NW corner of building; shingle finish. e. Complete trim at entry door to building
f. Review status of abandoned viewer mezzanine stair and possible demolition, including associated roof and column.
g. Demo old boiler flue at north service yard.
h. Replace gym exit door on east side of building.
i. Investigate & address water intrusion at base of south wall of Rec Center; may involve removal of existing concrete slabs and installation of perimeter drains. j. New building identification signage at the main entry.

3. Interior Architectural/MEP work
a. Repair settled floor at SW corner of gym space
b. Repair settled floor/replace exterior door at SE corner of storage room on west side of gym. c. Add exhaust fans to toilet rooms/shower rooms; replace exterior window panels as required to provide fan access.
d. Design new reception desk, including power & data at entry to building. e. Add window safety film to all lobby windows below 7’ f. Repair water damage to west wall of kitchen
g. Remove windows between storage and kitchen on west side of gym. h. Fill in holes in structural steel frame at lobby.
i. At open ceiling areas on north side of gym space, provide safety netting to prevent balls from entering rooms.
j. Install make up air (air transfer grills) in mens and womens multi-use restrooms; adjust doors to max 5 lb closing force.
k. Add protective metal cages around wall thermostats and truss located equipment in gym space. l. Provide safety covers over exposed bolts; City to identify all bolt locations.

4. Landscape Design: Because the sitework scope and landscape work is somewhat undefined, our landscape architect has submitted a fee for initial site visit and scoping services which would include some conceptual sketches to assist the City in determining the extent of landscape design required for the front of the Sherwood Recreation Center.

5. Exclusions:
a. Interior signage
b. Exterior lighting
c. Interior lighting

Chinatown Navigation Center Scope of Work:

1. Sitework (with Civil and Electrical Engineer)
a. Provide new electrical power for City installed bathroom trailer. Replace existing 220VAC outlet on east side of parking lot with new higher amperage outlet. MEI and it’s consultants take no responsibility for the adequacy of power or circuiting for this work; The City has provided information on the type of circuiting required for installation of the shower trailer. MEI will provide the information for bidding, including required repaving due to new trenching.

b. Resurface parking lot as directed by the City.

2. New toilet room trailer:
a. No work is associated with the City’s installation of a new multi occupancy toilet trailer.

3. Existing tent structure:
a. No work is associated with the existing Sprung Structure.

4. Existing Navigation Center (Chinatown Health Services Center), 115 East Lake Street. a. Replace existing flooring (LVT) with new LVT for training room, and office areas. b. No work at existing single occupancy toilet room on main corridor. c. Washer Dryer room:
i. Remove (E) jan sink, and install new epoxy flooring with coved base. ii. Rearrange washer dryers so two washers and one dryer are lined up on the lower level to provide access for disabled users; stack second dryer on top of one washer. d. Toilet rooms:
i. Investigate existing exhaust system; upgrade as required. ii. Replace wall mounted lavs with trough type multi user lav. iii. Replace faucets with single button vandal type resistant faucet; tempered water is OK. iv. Replace hand dryers with access compliant type dryers. e. Showers:
i. Demo out showers to studs
ii. Grind down/bush hammer floors to provide proper drainage iii. Install new water resistant/abuse resistant GWB at showers iv. Install new epoxy flooring with integral coved surface/wall surface for shower room v. Confer with City/User regarding appropriate abuse resistant shower fixtures that will comply with ADA.
vi. Replace existing door and door frames with fiberglass type louvered doors and frames. vii. Investigate existing exhaust system; upgrade as required. f. Hallway outside of restrooms/showers:
i. Provide new coved epoxy flooring with 4” coved base. ii. Provide 48” high FRP wainscot for main wall, south and north sides. g. Building Electrical System: Work is limited to replacement of lighting fixtures in the 4 shower rooms, and replacing wall mounted hand dryers in the multi occupancy toilet rooms. h. Building signage for the Navigation Center: one, non-illuminated sign along East Lake Street was discussed.
i. Exclusions:
i. Water Heater Closet space
ii. Building Sewer system: No work to the house sewer is included as the City informed the team that the sewer main had been recently replaced. Sanitary sewer work is limited to work in the existing showers including drain replacement. iii. Low voltage systems including tel data and CCTV
iv. Exteior building/site lighting
v. Exterior waterproofing including roofing

Our fee for the scope listed above, inclusive of all consultant and anticipated reimbursable travel expenses is:

Sherwood Recreation Center:

MEI Architects: $77,665
RPM Team (MEP/Civil) $43,000
Groundworks (Landscape) $15,000 (14,740+reimbursables)
Reimbursable Travel $1,009
TOTAL $136,164

Chinatown Navigation Center
MEI Architects $48,820
RPM Team (MEP/Civil) $17,400
Reimbursable Travel $1,009
TOTAL $67,229
.

Our proposed fee for this project includes $1,008.70 for each project to cover 5 site visits from San Francisco, CA, assuming 220 miles round trip.

Should additional work be required beyond the scope of work enumerated in this letter, whether it be due to unforeseen site conditions or Owner requests, additional work shall be compensated either on a T&M basis or fixed fee as requested by the Client. Architect shall not proceed with additional work unless compensation for said work has been approved in writing by the Client.

Our fee also assumes we will be drafting most of the plans and elevations required for this project.

Sherwood Rec Center:
x While the City has forwarded some CAD drawings for the Sherwood Rec Center, these are, in our opinion, of little practical use for us. We will still have to draft up plans and elevations in greater detail than what has been provided to us.
x The PDF drawings we have received to date are from Phase 1 and 3 drawing sets. There appears to have been a Phase 2 project which we suspect included the new infill walls on the south side of the Rec center. This information will be critical to respond to scope item 2.i waterproofing.

Chinatown Navigation Center: We have received no CAD drawings for the Chinatown Navigation Center, although it appears that they should be available as the PDF drawings provided to us by the City are dated 2016 and appear to have been done on CAD.

We are prepared to start work upon a notice to proceed from CSG.

Regards,
Michael Wang
Principal, MEI Architects
Attachments:

Exhibit A1: RPM Fee Proposal, Sherwood Rec Center
Exhibit A2: RPM Fee Proposal, Chinatown Navigation Center Exhibit B: Groundworks Fee Proposal, Sherwood Rec Center Exhibit C: MEI Standard Hourly Rates
Exhibit D: MEI Site visit notes from 3/21/23 site visit. s,
l Wang
al, MEI Architects

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Engineering Services Proposal & Agreement
Date: April 5, 2023
Client: MEI Architects
Michael Wang
Principal
949 Grant Avenue, San Francisco, CA 94108
C: (415) 828-5396
E: [email protected]
Project: Sherwood Recreation Center Improvements
Site Address/Location: 940 N Main St, Salinas, CA 93906 Conceptual: Client is requesting engineering design services for improvements to an existing recreation center. The center was built in 1949 and is approximately 12,895 square feet. Phase 4 of the project will focus primarily on exterior improvements to the facility such as roof, windows, paint, landscaping, parking, and other miscellaneous construction activities listed below and highlighted in Appendix A.

Scope of Services: Providing surveying, civil, mechanical, electrical, and plumbing engineering services, stamped by a licensed PE in California, in compliance with CBC 2022 / ASCE 7-16, for the items below:

1. Civil Engineering Services Including:
a. Grading and drainage improvement plan
b. Concrete walkways and accessible paths
c. Demolition plans and notes
d. Street improvement plan
e. Erosion control plan
f. Back end specifications

2. Structural Engineering Services Including:
a. Demolition plans and notes of roof structure and stair b. New framing plan
c. Calculations
d. Back end specifications

3. Mechanical Engineering Services Including:
a. Design tenant ventilation systems improvements
b. Mechanical equipment schedules and details
c. Compilation of permit level documents, and signe d and sealed drawings for submission for permit and construction
d. Back end specifications

4. Electrical Engineering Services Including:
a. Design of electrical and data systems stamped and signed for permit EXHIBIT A1

RPM SHERWOOD RECREATION CENTER

FEE PROPOSAL

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b. Electrical plans
c. Back end specifications

5. Plumbing Engineering Services Including:
a. Illustrate plumbing waste and coordinate drainage with civil b. Back end specifications

6. Survey Services Including:
a. Topographic Survey
i. Visible features on property, elevation, curbs/gutters, building location and outline ii. Survey map

7. Construction Administration Including:
a. Answering RFI’s during bidding and construction
b. Submittal review and approval

8. Site Visits & Meetings:
a. 3 Site visits included
b. Weekly OAC virtual meetings
Total Fee $41,500

1. Contingency Fees Including:
a. Survey Services
i. Property line survey to single right of way line in Main Street Contingency Fee if Required $1,500
Profile: RPM Team is a modular design build firm specializing in design and construction program management. We offer turnkey design and construction management services in all of North America. We can help with your real estate, development, architectural, and engineering needs and are veteran owned. We have complete capabilities to help plan, design, build, upgrade, expand, modernize and renovate pre-engineered, pre-fabricated, modular, and shipping container building projects and products.

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Retainer & Payments:
• Contract and Purchase Order must state MEI will p ay within 30 days of receipt of payment from client.

General Design Exclusions:
• Traffic engineering, traffic study, environmental reports, and geologic or geotechnical services. • Tree survey prepared by ISA Certified Arborist.
• Architecture, structural, and landscape design.
• Title 24 (MEP) energy code compliance
• Title 24 building envelope energy code compliance
• Exterior site lighting photometric
• Fire sprinkler and fire alarm design – listed as contractor design by general contractor. • Interior FFE design.
• Design of gas and compressed air utilities.
• Development of presentation materials and printing of permit drawings. • Permit fees.
• Owner or Contractor initiated scope or design changes beyond the 75% Construction Document Phase.
• Design changes resulting from value engin eering or product substitutions during the Construction Administration phase.
• Costs associated with obtaining necessary permits, inspections and approvals from local, state and federal agencies are not included unless specifically noted above. • Revision or additional work due to unforeseen changes in local or state requirements, or ordinances effective after the date of preparation of this proposal. • Preparation of plans or documents for other th an the Authority Having Jurisdiction’s review & approvals.

Proposal Terms:
• The cost includes addressing all the review comments until the architecture and engineering portions of the relevant submittal is approved.
• The cost is for electronic delivery of 1 set of stamped design document. • Any changes in the above said scope of services provided under this Contract will be charged at the rate of $200 per hour.
• RPM Team will produce drawings and document s exhibiting standard engineering care in compliance with CBC 2022, project drawings, and project specifications. RPM Team does not provide any warranty or guarantee, express or implied, regarding the quality or timeliness of professional services.
• The drawings produced by RPM Team show struct ural members in the final, installed position.

RPM Team is not responsible for the means, methods, sequence, procedures, techniques, scheduling of construction activities, job site safety, and liquidated damages.

Contract Terms & Conditions
MEI Architects (hereafter referred to as “CLIENT”) and RPM Team LLC. (hereafter referred to as “RPM”) acknowledge that the Terms and Conditions below are a part of this Letter Agreement and agree to be bound by its terms and conditions.

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Standard of Practice, Warranties:

The standard of practice for all professional engineering and related services performed or furnished by RPM under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. RPM will produce documents exhibiting standard engineering care to comply with IBC 2018, ASCE 7-10, and local City Ordinances. RPM makes no warranties, express or implied, under this Agreement or otherwise, in connection with RPM’s services.

Deliverable:

The Fee includes electronic delivery of 1 set of documents only. If the CLIENT requires wet stamp Documents for submission, CLIENT shall notify RPM five (5) days ahead of time, and CLIENT agrees to pay RPM associated cost plus a 20% premium for ha ndling. i.e. (printing cost + shipping cost) x 20% handling fee. Our 24x36 size prints are charged at $4.75/sheet which is similar to FedEx rates. Our 11x17 size prints are charged at $2/sheet.

Deviation from Scope:

Any changes in the above Scope of Services provided under this Contract will be treated as a change order. In this event, RPM will notify the CLIENT and only begin working on the change order after getting written approval from the CLIENT on the change order fee.

Ownership of Documents:

CLIENT warrants that all documents, including, but not limited to drawings, sketches, studies, analysis, Information, schedules, estimates, reports and other items provided to RPM, or previously prepared or furnished by other consultants or RPM, are owned and the property of the CLIENT, or that CLIENT is properly licensed to use and share such documents with others performing services for the Project and that the use of the files shall be without liability or legal exposure to RPM.

Indemnification:

RPM agrees, to the fullest extent permitted by law, to indemnify and hold the CLIENT harmless from any Damage, liability or cost (including reasonable attorney’s fees) arising from a third-party claim, but only to the extent caused by RPM’s negligent acts, errors or omissions in the performance of professional services under this Agreement and those of its sub consultants or anyone for whom RPM is legally liable. CLIENT agrees that RPM’s obligation to indemnify CLIENT does not include a duty to defend CLIENT from a professional liability claim. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold RPM harmless from any damage, liability or cost (including reasonable attorney’s fees) arising from a third-party claim, but only to the extent caused by the CLIENT’S negligent acts, errors or omissions and those of its contractors, subcontractors or consultants or anyone for whom the CLIENT is legally liable, and arising from the project that is the subject of this Agreement.

Third Party Entities Construction Support Services Indemnification:

The CLIENT agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless RPM And its officers, employees and consultants, from any loss, claim or cost (including reasonable

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attorneys’ fees) arising or resulting from the performance of construction support services by other persons or third party entities and from any and all claims arising from modifications, clarifications, interpretations, adjustments or changes made to the Contract Documents to reflect changed field or other conditions, except for claims directly resulting from a negligent act, error or omission of RPM. RPM is not responsible for the means, methods, sequence, procedures, techniques, scheduling of construction activities, job site safety, and liquidated damages.

Cancellation of Contract:

Site visit fee of $600/visit + travel expenses shall NOT be refunded. Cancellation of contract by the Client within 2 days of contract execution will require a forfeit payment to RPM of $500 for loss of time. This payment shall become delinquent within 15 days of cancellation. Accounts unpaid 15 calendar days after the invoice date are subject to a 1.5% service charge (19.6% annual rate). In the event any portion of an account remains unpaid 30 calendar days after the invoice date, CLIENT shall pay all costs of collection, including reasonable attorney fees.

Limitation of Liability:

To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the Total liability, in the aggregate, of RPM and its officers, directors, members, partners, agents, employees, and Consultants, to Client and anyone claiming by, through, or under Client for any and all claims, losses, costs, or damages whatsoever arising out of, or in any way related to the Project or the Agreement from any cause or causes (including RPM’s indemnity obligations hereunder) shall not exceed the total compensation received by RPM under this Agreement. To the fullest extent permitted by law, RPM and its officers, directors, members, partners, agents, Consultants, and employees shall not be liable to Client or anyone claiming by, through, or under Client for any special, incidental, indirect, or consequential damages.

Entire Agreement:

This Agreement together with the Exhibits and Schedules identified above constitute the entire agreement between CLIENT and RPM and supersede all prior written or oral understandings. This Agreement and said Exhibits and Schedules may only be amended, supplemented, modified, or canceled by a duly executed written instrument.

Dispute Resolution:

Any claims, disputes or controversies between the parties arising out of or relating to the Agreement, or breach thereof, which has not been resolved in accordance with the procedures set forth in the Agreement, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the AAA then in effect, unless the parties mutually agree otherwise in writing by amendment to this Agreement.

The parties agree that any arbitrator selected shall have demonstrated prior experience in, and knowledge of, standards and practices applicable to design professionals. The award of the arbitrator(s) shall be final and binding upon the parties without the right of appeal to the courts.

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Judgment may be entered upon it in accordance with the applicable law by any court having jurisdiction thereof.

Interpretation:

This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, Monterey County and the Federal District Court of Northern California. In the event that any portion or all of this Agreement is held to be void or unenforceable, the remaining portions of the Agreement shall not be affected thereby and shall remain in full force and effect. The parties agree to negotiate in good faith to reach an equitable agreement which shall affect the intent of the parties as set forth in this Agreement.

We thank you for this opportunity to quote on th is project and our team looks forward to working with you.

David Renard, President
[email protected]
(408) 439-3283
RPM Team LLC
295 Main St, Ste 210
Salinas, CA 93901
Please sign below and return if you agree with our Proposal. Your signature below will create a binding contract that incorporates this Proposal a nd the attached Contract Terms and Conditions. Any modifications you make to this Proposal or the Contract Terms and Conditions will be null and void and of no legal effect unless initialed by RPM Team within five (5) days of receipt from Client. ______________________________ ______________________________ MEI Architects Date
______________________________ ______________________________ RPM Team LLC Date
---------------------------------------- End Contract Terms & Conditions ----------------------------------------

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Engineering Services Proposal & Agreement
Date: April 5, 2023
Client: MEI Architects
Michael Wang
Principal
949 Grant Avenue, San Francisco, CA 94108
C: (415) 828-5396
E: [email protected]
Project: Chinatown Navigation Center Improvements
Site Address/Location: 115 East Lake St, Salinas, CA 93901 Conceptual: Client is requesting engineering design services for improvements to an existing navigation center including electrical upgrades, sewer connections, and restroom upgrades and other miscellaneous construction activities listed below and highlighted in Appendix A.

Scope of Services: Providing civil, mechanical, electrical, and plumbing engineering services, stamped by a licensed PE in California, in compliance with CBC 2022 / ASCE 7-16, for the items below:

1. Civil Engineering Services Including:
a. Chip and seal improvement plan
b. Trenching details
c. Utility plan
d. Back end specifications

2. Mechanical Engineering Services Including:
a. Design tenant ventilation systems improvements
b. Mechanical equipment schedules and details
c. Energy code compliance
d. Compilation of permit level documents, and si gned and sealed drawings for submission for permit and construction
e. Back end specifications

3. Electrical Engineering Services Including:
a. Design of electrical systems stamped and signed for permit b. Electrical site distribution design
c. Lighting improvement design
d. Energy code compliance
e. Back end specifications

4. Plumbing Engineering Services Including:
a. Design plumbing improvements
b. Back end specifications
EXHIBIT A2

RPM CHINATOWN NAVIGATION CENTER

PROPOSAL

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5. Construction Administration Including:
a. Answering RFI’s during bidding and construction
b. Submittal review and approval

6. Site Visits & Meetings:
a. 2 Site visits included
b. Weekly OAC virtual meetings
Total Fee $17,400
Profile: RPM Team is a modular design build firm specializing in design and construction program management. We offer turnkey design and construction management services in all of North America. We can help with your real estate, development, architectural, and engineering needs and are veteran owned. We have complete capabilities to help plan, design, build, upgrade, expand, modernize and renovate pre-engineered, pre-fabricated, modular, and shipping container building projects and products.

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Retainer & Payments:
• Contract and Purchase Order must state MEI will p ay within 30 days of receipt of payment from client.

RPM Team is not responsible for the means, methods, sequence, procedures, techniques, scheduling of construction activities, job site safety, and liquidated damages.

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Standard of Practice, Warranties:

Deliverable:

Deviation from Scope:

Ownership of Documents:

Indemnification:

Third Party Entities Construction Support Services Indemnification:

The CLIENT agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless RPM And its officers, employees and consultants, from any loss, claim or cost (including reasonable

Cancellation of Contract:

Limitation of Liability:

Entire Agreement:

Dispute Resolution:

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Judgment may be entered upon it in accordance with the applicable law by any court having jurisdiction thereof.

Interpretation:

We thank you for this opportunity to quote on th is project and our team looks forward to working with you.

Michael Wang
Principal
MEI Architects
San Francisco, CA

Subject: Sherwood Recreation Center
Project

Dear Michael,

I’m very pleased to submit this proposal for Professional Services in connection with the Sherwood Recreation Center Project.

PROJECT DETAILS AND SCOPE

Groundworks Office Inc. (GWO) has been requested to provide landscape architectural services for the Sherwood Recreation Center (PROJECT). GWO is offering landscape architecture services for Scoping to determine the projects scope and parameters. A proposal for full services will be provided upon request.

The project is comprised of exterior and site improvements to an existing recreation facility. The site is located at 920 North Main Street in Salinas, California. The site associated with landscape improvements is approximately 2,000 sf and is generally flat.

Groundworks Office will participate in all coordination meetings with the Client/Owner, Architect, Civil Engineer, Structural Engineer and other necessary consultants. The proposal includes participating in a normal but efficient process that is within the implied limits of the fee. Deliverables include plans, sections and elevations as required to explain the project to the Owner and the City for approvals and permitting.

Exclusions from the scope of work include design and details for roof/building waterproofing and engineering required for all landscape foundations and elements.

GWO will provide services generally as described herein, modified as appropriate to support the project team needs.

TASK 1
SCOPING: 4 weeks
Services To Be Performed

EXHIBIT B
GROUNDWORKS: SHERWOOD

RECREATION CENTER FEE PROPOSAL

o Site visit for inventory and analysis.
o Consultation with the Owner and Architect regarding all design issues. o Consultation with Civil Engineer to determine extents of on-site stormwater treatment and methodology.
o Consultation with MEP and other consultants as required. o Preparation of preliminary project scope description. o Conceptual diagrams to convey project scope and programming. Assume one round of revisions based on Client feedback.
o Identification of site visits and on-site meetings required for full-services proposal.

COMPENSATION
Compensation listed for the Scope of Work will be billed as Time and Material with a not-to-exceed amount and invoiced each month during the duration of the project.

Fees are based on a best estimate. The fee does not include Reimbursable Expenses, which include: printing, plotting, courier service and travel to the project site.

If you have any questions or concerns regarding this proposal for your project, please don’t hesitate to contact me directly.

Sincerely,

Sara Peschel
Principal, GROUNDWORKS Office

SSCOPE ITEMS FFEE
Task 1 – Scoping $ 14,740

TOTAL $ 14,740

2019

MEI ARCHITECTS
Fee Schedule

Job Title Billing Rate ($/hr)
Principal $265.00
Associate Principal $244.20
Project Manager $211.64
Project Architect $195.36
Job Captain $156.29
Architectural Designer $136.75
Graphics Production $123.73
Administrative/Clerical Support $97.68

December 2022

EXHIBIT C

MEI STANDARD HOURLY RATES
2023.03.21 Site Visit,
City of Salinas: Cristina Gonzalez, Luis Ochoa, Hilda Peralta, Francisco Brambila CSG/MEI: Peykan Abbassi, Michael Wang

1.00 Sherwood Recreation Center, North Main Street @ County Fairgrounds. Ana Ambriz also attending for City of Salinas
Former indoor pool building recently retrofitted to a gymnasium building with new interior finishes.

Majority of this project is exterior work with limited interior work as described below:

SITEWORK: (Landscape, Civil and Architectural)

1.01: Accessible path of travel required from bus stop on south side of North Main to Recreation Center entry. This will require surveying of the route to establish elevations of sidewalks and curb cuts. It will also require replacement of the entry concrete “plaza” at the entry to the Rec Center and the sidewalk running along the west side of the Rec Center.

1.02: Survey, repave and restripe the parking lot on the west side of the Rec Center. It appears that drainage may be insufficient with ponding observed during our walk. Asphalt paving requires refreshing or a top coat at the very least. Existing parking spaces should be restriped, possible re-laid out to place accessible parking spaces (1 van accessible + 2 standard accessible) to where users don’t have to cross parking traffic to access the building.

EXHIBIT D
2023.03.21 SITE VISIT
NOTES

SEE REFERENCE TO THIS

DOCUMENT IN EXHIBITS
A1 AND A2

1.03: As part of drainage work for the west parking lot, see item 1.20 for tie in of roof drains from rec building and provide for new drainage in exterior slot space between walls; note drainage should be inspected/reviewed at all places where a CMU free standing wall is located within 4’ of the rec building structure. See item 1.32 for area at north side of Rec Center

1.04: At east side of Rec Center, provide new accessible path of travel from egress door to existing sidewalk on west side of Salinas Aquatic Center.

1.05: At south side of Rec Center, remove and replace existing fencing with new fence and man gates that will satisfy egress requirements from Rec Center; Add new linear foundation drain against building and consider removal of paved area and replacement with beach volleyball courts.

1.06: Replace gate at yard on north side of Rec Center

1.07: Review drainage between screen wall and shower rooms; add drainage if required

Mechanical/Electrical Work

1.10 Add exhaust fans to toilet rooms/shower rooms. OK to remove one window to allow installation of wall mounted fan/louver.

1.12 Provide electrical power and data outlets for new reception desk at entry to Rec Center

Architectural and Structural Work

1.20 Exterior area accessed from storage room outside of kitchen: Install collector heads and rainwater leaders to scuppers to collect water and direct away from building as determined by Civil Engineer.

Provide for new drains for the ground area between the Rec Center and the CMU wall. Remove tree stump and stored materials this area.

1.21 Replace damaged wood window sill and headers; replace windows with new aluminum framed fixed windows on west facing façade. See photos below and under 1.20 for condition of windows.

1.22 Storage room at SW corner of Rec Center; the slab at this area was poured separately and is settling with a large gap at the door on the south side and raised conditions leading into the Gym space.

We recommend saw cutting out this area of concrete and replacing it with new material to provide a new level transition at the doorways:

1.23: Gym slab appears to have settled at SW corner of gym space with gap visible under west side of double exit door. Frame appears to have remained in place. Remove flooring in this area and apply self leveling cementitious fill (Ardex) and reinstall door sill and flooring.

1.24: Yard at south side of Rec Center: Replace existing fencing with new gate and egress path

Demo wood frame and glazing; leave CMU; replace with new fence

1.25 Numerous leaks were observed from roof of gym with water on new gym floor. No leaks were observed in the low/flat roof areas where the kitchen/shower/toilet rooms were located. Problems with daylighting of scuppers in undrained narrow areas between building walls were observed as well as some rainwater leaders which were not connected.

Water observed at SE corner of gym

1.26 In general,, replace windows at north side of building

1.27: Exit door on east side of gym is in poor shape and needs to be replaced. New ADA exit path needs to be provided to Aquatic Center sidewalk

1.28: In general, all exterior wood shingles should be replaced. They are falling apart in numerous areas and are in poor condition. Louvers have been blanked off on the inside; during façade renovation, they should be checked to make sure they are weather tight and properly flashed. The louvers and shingles are being kept for historic preservation purposes.

1.29: Check on accessibility/function of outer doors on north side.

1.30: Remove/demo old boiler flue.

1.31: Shower room and toilet room windows on north side low roofed areas: Keep wood sills and main frames where possible; replace rotted sections. Replace inner windows with new anodized aluminum framed sealed units; no operable windows required.

1.32 Check drainage at area between west wall of shower pod and CMU wall.

1.32: Make sure that all gutters/scuppers have downspouts that are connected to SD or splash blocks to direct water away from building. This picture shows an open downspout at the NE corner of the shower pod.

1.33: In north fenced area, replace gate with new.

1.34: At NE corner of Rec Center, have SE check condition of tall column supporting the roof. It is weatherbeaten. Also review with City as to whether the abandoned stair at the NE corner of the building should be removed and possibly the roof over this area; it serves no purpose.

1.35: At front entry door, paint/finish trim around door; it’s currently unpainted wood.

1.36: close off this alcove; use shingles for new wall

1.37 Paint eaves at overhanging flat roof sections at storage shed on SW corner of building. City requested that visible stucco area from the parking area be redone with shingles.

1.38: Complete repaint of all CMU, Dryvit/Stucco and new shingles/trim of building.

1.39: Add new Sherwood Recreation Center sign to wall at entry: City to confirm facility name.

Recommend it go where the old “Municipal Pool” sign is located

Interior Scope:

1.40 Add 3M window film to interior of lower windows in lobby to strengthen windows against basketballs; the intent is to keep the glass from breaking into shards as the glazing does not appear to be tempered, except for the door glazing.

1.41: repair water damage/bubbled paint on west wall of kitchen; replace window as part of exterior work.

1.42: remove windows between storage and kitchen; fill in with GWB.

1.43: Fill in holes in new structural steel at lobby

1.44 Add new L shaped reception desk at lobby; this area:

1.45: Reviewed single occupancy toilets; OK to leave FRP panels as is.

1.46: at open ceiling areas on the north side of the main gym space, add netting to protect people from balls going over the partition.

1.47: Install make up air (air transfer grills) in mens and womens multi use restrooms; adjust doors to max 5lb closing force.

1.48: Add protective metal cages around wall thermostats and equipment in trusses.

1.49: City to document bolts requiring covers.

Chinatown Navigation Center Site Visit:

Regina Williams, John Falkenberg also attending from City of Salinas

2.00 Water damage noted in ceiling towards front of building but John Falkenberg indicated that this was a maintenance issue due to thrown trash on the roof plugging up roof drains.

2.01 Replace flooring in front areas with new LVT to provide consistent floor finish.

2.02 Back area, including back foyer, laundry room, shower rooms, toilet rooms, to all get Dexotex style epoxy flooring with a 4” coved base.

2.03 Back foyer to get FRP to 48” AFF.

2.04 For toilet rooms, and shower, epoxy wall surfaces; patch and repair drywall as required

2.05 at all showers replace GWB with new Densglass or equivalent silicone impregnated water resistant and abuse resistant GWB product.

2.06 At all shower rooms, survey floors and grind /fill as required to provide a maximum 2% slope to a shower trench drain at the back wall of the shower.

2.07 Can eliminated jan sink in laundry room as there’s already a mop sink in the foyer.

2.08 In laundry room, arrange on lower level washer, dryer, washer with the 2nd dryer stacked on top of one washer; that allows at least one washer and one dryer to be accessible. Existing installation is not accessible with dryers on top.

2.09 Check with mechanical engineer to resize/increase size of ventilation/exhaust fan for showers.

Current ventilation is not adequate.

2.10 Replace toilet room and shower doors with new fiberglass doors with louvers for makeup air.

Existing cylinder type privacy locks ok. Replace all shower door frames as they are rusted out.

2.11 New lighting for shower rooms.

2.12 Toilet rooms: replace wall hung china lavs with trough type sink

2.13 Toilet rooms: replace faucets with single button vandal resistant type faucet (possibly detention style-Acorn fixture)

2.14 Shower fixtures: use more robust shower fixtures; MEI to work with City to establish mfr/model acceptable for use.

2.15 At toilet rooms, John Falkenberg suggested removing wall mounted hand dryers and use paper towels; Regina did not seem to agree with this. Hand dryer in men’s room was broken. Both hand

dryers are not ADA compliant as they project more than 4" from wall; City to provide direction as to whether to replace with semi-recessed units.

2.16 Existing Staff toilet in good condition; only replace flooring as part of overall flooring replacement.

Chinatown Navigation Center Site Work:

2.20 New trench and conduit for new conductors required. Existing electrical box at east end of parking lot is undersized. It is fed from the box on the north side of the lot. Run new 2” conduit to pull larger conductor between boxes in order to power new shower trailer. John Falkenberg indicated that for new shower trailer, recirc pump and heater will be deactivated leaving only hot water heating and lighting on circuit, enabling power to be used.

New conductor to be run from this panel “RV-5” breaker

2.21 Chip/Seal AC paving
Chinatown Republic Cafe

3.01 No current scope work; City is in the process of purchasing this building which is on the National Historic Register. After completion of purchase, City will contact CSG to determine course of action.

It is in poor condition and was subject to a recent fire, leaving the roof open and the front wall behind the balcony leaning inwards.

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Contract Change Order #1
(To be included in the following pages)
WK 1 WK 5 WK 6 WK 7 WK 9 WK 10

1.0 1.0 1.0 1.0 1.0 1.0
6 666 44
0 0 0 0 12 12
2 222 22
WK 16
0 4
4 MTH MTH MTH MTH MTH MTH
0 000 00
0 000 00
0 000 00
0 000 00
0 000 00
0 000 00
0 000 00
0 000 00
SUB‐TOTAL $11,030.00
$6,765.00
$1,017.00
MEI Design Fee for Misc. Scope Changes (Add Service #1) CSG Fee (Project Management)
TOTAL COST $112,079.00
Notes:

1. Hours based on a construction period start date of July 5, 2023 and a duration of 60‐90 working days, with an additional time for project closeout.

2. Overtime will be billied in accordance with our Master Agreement Fee Schedule.

3. Construction and Post‐Construction Phase costs and staffing are not included and will be based on the estimated construction costs from the developed design.

Additional Services TOTAL COST
MEI (Design Consultants) CAD Backgrounds (Original Proposal) $3,248.00 SUB‐TOTAL $70,949.00
MEI (Design Consultants) $67,229.00
CEQA Consultant (TBD) $3,720.00
$30,100.00
Sub‐Consultant Cost TOTAL COST
0 $140.00 $0.00
SUB‐TOTAL 00 0 0 0
0 $185.00 $0.00
Document Control TBD 00 0 0
Construction Manager TBD 00 0 0
0 $140.00 $0.00
TASK 3.0: POST CONSTRUCTION
0 $165.00 $0.00
Asst. Project Manager TBD 00 0 0
0 $185.00 $0.00
Construction Inspector TBD 00 0 0
0 $235.00 $0.00
Construction Manager (Associate Engineer) TBD 00 0 0
0 $250.00 $0.00
Sr. Project Manager TBD 00 0 0
Principal Engineer TBD 00 0 0
$2,240.00
TASK 3.0: CONSTRUCTION

ROLE STAFF MTH MTH MTH MTH
$3,760.00
Asst. Project Manager Bronwyn Callero 44 4 1 6 $140.00
$0.00
Sr. Project Manager Cyril Charles 44 4 1 6 $235.00
Principal Engineer Peykan Abbassi 00 0 0 $250.00
ROLE STAFF WK 16 WK 16 WK 16
20 $140.00 $2,800.00
TASK 2.0: BID and AWARD
24 $235.00 $5,640.00
Asst. Project Manager Bronwyn Callero 22 2 2
56 $235.00 $13,160.00
Sr. Engineers (Constructability Review) TBD 00 0 0
10 $250.00 $2,500.00
Sr. Project Manager Cyril Charles 66 6 6
Principal Engineer Peykan Abbassi 1.0 1.0 1.0 1.0
TASK 1.0: DESIGN PHASE
HOURS 2023 2024ROLE STAFF WK 2 WK 3 WK 4 WK 8
2023 TOTAL RATE RATE TOTAL COST
Staffing Plan and Cost Proposal for Design and Project Management Services for the Chinatown Navigation Center Project

HOURLY HOURLY

MEI ARCHITECTS 949 GRANT AVENUE SAN FRANCISCO CA 94108 P 415.703.0328 F 415.707.6328 www.meiarchitects.com
30 August 2023

Mr. Charles Cyrill
CSG Consultants, Inc
3707 W. Garden Grove Blvd, Ste 100
Orange, CA 92868
[email protected]

Re: City of Salinas; Add Service 2, Misc scope changes at CNC and Sherwood Center MEI Project # 821

Dear Charles:

Navigation Center:

Sherwood Recreation Center:

1. During our previous site walks, we discussed and confirmed the removal of the abandoned stair and associated roof structure at the NE corner of the center. There is no added cost for this work.

Add Service 2 Fees:

Chinatown Navigation Center
RPM: $ 850.00
MEI $ 5,915.00
Total $ 6,765.00

Sherwood Recreation Center
RPM: 7,800.00
MEI 18,642.00
Total $ 26,442.00

Total Fee Summary:

Regards,

Michael Wang
Principal, MEI Architects

Phase 1 Sherwood Center roof framing plan; the only dimensioned plan available

Phase 3 Sherwood Recreation Center Architectural Plan

Contract Change Order #2
(To be included in the following pages)

TOTAL COST
ROLE STAFF WK 1 WK 2 WK 3 WK 4 WK 5 WK 6 WK 7 WK 8 WK 9 WK 10 Principal Engineer Peykan Abbassi 1.0 1.0 1.0 1.0 1.0 1.0 1 .0 1.0 1.0 1.0 10 $250.00 $2,500.00 Sr. Project Manager Cyril Charles 6 6 6 6 6 6 6 6 4 4 56 $235.00 $13,160.00 Sr. Engineers (Constructability Review) TBD 0 0 0 0 0 0 0 0 1 2 12 24 $235.00 $5,640.00 Asst. Project Manager Bronwyn Callero 2 2 2 2 2 2 2 2 2 2 20 $14 0.00 $2,800.00 ROLE STAFF WK 16 WK 16 WK 16 WK 16
Principal Engineer Peykan Abbassi 0 0 0 0 0 $250.00 $0.00 Sr. Project Manager Cyril Charles 4 4 4 4 16 $235.00 $3,760.00 Asst. Project Manager Bronwyn Callero 4 4 4 4 16 $140.00 $2,240.00

ROLE STAFF MTH MTH MTH MTH MTH MTH MTH MTH MTH MTH
Principal Engineer TBD 0 0 0 0 0 0 0 0 0 0 0 $250.00 $0.00 Sr. Project Manager TBD 0 0 0 0 0 0 0 0 0 0 0 $235.00 $0.00 Construction Manager (Associate Engineer) TBD 0 0 0 0 0 0 0 0 0 0 0 $185.00 $0.00 Construction Inspector TBD 0 0 0 0 0 0 0 0 0 0 0 $165.00 $0.00 Asst. Project Manager TBD 0 0 0 0 0 0 0 0 0 0 0 $140.00 $0.00 Construction Manager TBD 0 0 0 0 0 0 0 0 0 0 0 $185.00 $0.00 Document Control TBD 0 0 0 0 0 0 0 0 0 0 0 $140.00 $0.00 0 0 0 0 0 0 0 0 0 0 0 $30,100.00
SUB‐TOTAL $70,949.00
Additional Services TOTAL COST
MEI (Design Consultants) CAD Backgrounds 08.30.2023 (Add Service #1) CSG Fee Proposal for Misc. Scope Changes (Add Service #2) SUB‐TOTAL
$6,765.00
$1,017.00
$11,030.00
$3,248.00
MEI Design Fee Proposal for Misc. Scope Changes 08.30.2023 (Add Service #2) MEI (Design Consultants) $67,229.00
CEQA Consultant (TBD) $3,720.00
TOTAL COST $112,079.00
Sub‐Consultant Cost TOTAL COST
TASK 1.0: DESIGN PHASE
TASK 2.0: BID and AWARD
TASK 3.0: POST CONSTRUCTION
SUB‐TOTAL
Staffing Plan and Cost Proposal for Design and Project Management Services for the Chinatown Navigation Center Project
TOTAL
HOURS
HOURLY
RATE
2023
HOURLY
RATE
2024
2023
TASK 3.0: CONSTRUCTION
Notes:

1. Overtime will be billied in accordance with our Master Agreement Fee Schedule.

2. Construction and Post-Construction Phase costs and staffing are not included and will be based on the estimated construction costs from the developed design.

MEI ARCHITECTS 949 GRANT AVENUE SAN FRANCISCO CA 94108 P 415.703.0328 F 415.707.6328 www.meiarchitects.com
30 August 2023

Mr. Charles Cyrill
CSG Consultants, Inc
3707 W. Garden Grove Blvd, Ste 100
Orange, CA 92868
[email protected]

Re: City of Salinas; Add Service 2, Misc scope changes at CNC and Sherwood Center MEI Project # 821

Dear Charles:

Navigation Center:

Sherwood Recreation Center:

1. During our previous site walks, we discussed and confirmed the removal of the abandoned stair and associated roof structure at the NE corner of the center. There is no added cost for this work.

Add Service 2 Fees:

Chinatown Navigation Center
RPM: $ 850.00
MEI $ 5,915.00
Total $ 6,765.00

Sherwood Recreation Center
RPM: 7,800.00
MEI 18,642.00
Total $ 26,442.00

Total Fee Summary:

Regards,

Michael Wang
Principal, MEI Architects

Phase 1 Sherwood Center roof framing plan; the only dimensioned plan available

Phase 3 Sherwood Recreation Center Architectural Plan

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-657, Version: 1
Amendment No. 1 to Agreement for Professional Services with CSG Consultants, Inc.

Approve a Resolution authorizing the Mayor to execute Amendment No. 1 to the Agreement for Professional Services with CSG Consultants, Inc. to increase the total not to exceed compensation amount to $750,000.

City of Salinas Printed on 11/9/2023Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: NOVEMBER 14, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: ANGELINE ANZINI, CHIEF BUILDING OFFICIAL
BY: YAZMIN OCHOA-FLORES, ADMINISTRATIVE ANALYST
TITLE: AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL
SERVICES WITH CSG CONSULTANTS, INC.

RECOMMENDED MOTION:

A motion to approve a resolution authorizing the Mayor to execute Amendment No. 1 to the Agreement for Professional Services with CSG Consultants, Inc. to increase the total not to exceed compensation amount to $750,000.

EXECUTIVE SUMMARY:

The Permit Services Division relies on outside technical professionals to assist with plan review, permitting and inspection services. Contracting for these services allows for the scaling up of experienced technical staffing to be able to respond in a timely manner to increases in the number of development applications due to economic growth, particularly for major, more compli cated development projects. The proposed Amendment No. 1 to the Agreement with CSG increases the not to exceed compensation amount of $250,000 to $ 750,000 for Fiscal Year 2023 -2024, an increase of $ 500,000. Funding for Amendment No. 1 will be fully covered through the Permit Services Enterprise Fund using plan check and inspection fees collected prior to requesting CSG services.

BACKGROUND:

Since 2020, the Permit Services Division has contracted with CSG Consultants, Inc. to augment the plan review, permitting, and inspection capacity of the Permit Center. CSG has extensive knowledge and experience in providing technical services to building departments in multiple jurisdictions in California. The firm provides services and staff specifically tailored to manage the development process and all levels of plan review, permitting, and inspection services. All contract staff hold the required certifications to conduct the assigned duties. The Permit Center has utilized CSG for projects such as the Love’s Tr avel Center, the Parkside Phase 1 affordable housing project, North Salinas Valley Mosquito Abatement District Facility, and Chick-Fil-A at Northridge Mall.

Page | 2
Since entering into the 2023-2024 Agreement with CSG, multiple large and complex development applications have been submitted including a Rail Extension permit valued at $18,000,000; a Kaiser Clinic permit valued at $16,000,000; a Storage Warehouse permit valued at $4,750,000; a new Starbucks at Northridge Mall valued at $1,200,000; among several other multi-million-dollar projects. Large and complex projects pose the greatest issue of balancing staff time between focusing on those more complex tasks, while still providing the required customer service for the smaller, routine projects. Due to limi ted staffing resources and position vacancies, additional outside professional services are needed to review, process, and inspect these permit applications in a timely manner. The Permit Services Division has several position vacancies that directly and significantly affect the permitting process. These vacancies include a Senior Plan Check Engineer, a Plan Check Engineer, and a Combination Building Inspector I.

Amendment No. 1 will allow the Permit Center to use CSG technical staff and services to address Permit Center staffing shortfalls and the current increase in workload. The CSG services are billed on a time and materials basis, according to the rates of compensation set in Exhibit B to the Agreement, Attachment 3 to this report. Exhibit C, Att achment 4 contains an estimate of the additional services required. Because CSG has been providing permitting services in Salinas for years, its contract staff has knowledge of the City and our customer base and therefore, are able to provide more efficient plan review, inspection, and enhanced customer service. Contracting with new companies would require additional staff training and would be mo re expensive. While staff is always searching for local preferred providers, there are currently no vendors within the City of Salinas or the County of Monterey that can perform this level of work.

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 use of contract technical staff and services supports City Council’s goals of Economic Development by augmenting Permit Center operations to facilitate the plan review, permitting, and inspection of multiple large projects. Ease of permitting for businesses encourages and helps develop a diverse and thriving economy, and supports small, large, and entrepreneurial businesses the City.

DEPARTMENTAL COORDINATION:

This report and Amendment No. 1 w ere prepared by the Community Development Department Permit Services Division , in collaboration with the City Attorney’s Office and the Finance Department.

FISCAL AND SUSTAINABILITY IMPACT:

There is no direct or indirect cost to the General Fund. The additional cost of $5 00,000 for increased CSG staff and services will be fully covered by the collection of plan check and inspection fees through the Permit Center Enterprise Fund , which was established in July 2017.

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These fees are collected at the time of building permit application submission or call for inspection and prior to requesting CSG services.

ATTACHMENTS:

1. Resolution authorizing Mayor to execute Amendment No. 1

2. Amendment No. 1 to CSG Agreement for Professional Services

3. 2023-2024 CSG Agreement for Professional Services

4. Estimated Cost of Services from CSG for FY24

RESOLUTION NO._____ (N.C.S.)
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1

TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SALINAS AND CSG CONSULTANTS, INC.

WHEREAS, the Permit Services Division relies on outside technical professionals to assist with plan review, permitting, and inspection services, particularly for more complicated development projects; and
WHEREAS, contracting for these services allows for the scaling up of experienced technical staffing resources to be able to respond in a timely manner to increases in the number of development applications due to economic growth, while maintaining the City’s workforce; and
WHEREAS, since 2020, the City has contracted with CSG to provide plan review, permitting and inspection services; and
WHEREAS, CSG Consultants, Inc. (CSG) has extensive knowledge and experience in providing technical services to building departments for multiple jurisdictions in California and employ staff that have the requisite certification, training, and experience to perform the technical work required to meet the City’s needs and has a demonstrated record of quality performance in a timely and cost-effective manner; and
WHEREAS, there are no other vendors within the city of Salinas or the county of Monterey at this time that can perform this level of work; and WHEREAS, in July 2023, the City entered into an Agreement for Professional Services with CSG to continue providing plan review, permitting and inspection services for fiscal year 2023-2024 for an amount not to exceed Two Hundred and Fifty Thousand Dollars ($250,000); and
WHEREAS, subsequently, multiple large and complex development project applications have been received. Due to limited staffing resources and several position vacancies, additional outside professional services are needed to review and process these applications in a timely manner; and
WHEREAS, the increased cost of Five Hundred Thousand Dollars ($500,000) associated with Amendment No. 1 will be fully covered by the collection of plan check and inspection fees through the Permit Services Enterprise Fund prior to initiated a request for services with CSG; and
WHEREAS, the City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378); and
NOW, THEREFORE, BE IT RESOLVED the Salinas City Council authorizes the Mayor to execute Amendment No. 1 to the Agreement for Professional Services with CSG Consultants, Inc. to increase the total compensation amount from Two Hundred and Fifty Thousand Dollars ($250,000) to Seven Hundred and Fifty Thousand Dollars ($750,000).

BE IT FURTHER RESOLVED, that the City Manager is authorized to take whatever additional action may be necessary to effectuate the intent of this resolution.

PASSED AND APPROVED this 14th day of November 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

Page 1 of 2 ends

Salinas City CouncilNovember 14, 2023

Salinas City Council
November 14, 2023