Agenda Packet — Salinas City Council, September 24, 2024 (part 2 of 3)

CONTRACT FOR CONSULTANT SERVICES BETWEEN

THE CITY OF SALINAS AND ECOLOGY ACTION OF SANTA CRUZ

THIS CONTRACT, is made and entered into this October 1, 2024, by and between the City of Salinas, a California charter city and municipal corporation, hereinafter called “City,” and Ecology Action of Santa Cruz, a California corporation, hereinafter called "Consultant."

WITNESSETH

WHEREAS, the City needs to obtain certain professional, technical and/or specialized services of an independent contractor to assist the City in the most economical manner; and
WHEREAS, Consultant has the requisite skill, training, qualifications, and experience to render such services called for under this Contract to City.

Table of Contents

SECTION 1. SCOPE OF SERVICES. ............................................................................. 2 SECTION 2. TERM OF CONTRACT. ............................................................................. 2 SECTION 3. SCHEDULE OF PERFORMANCE. ............................................................ 2 SECTION 4. COMPENSATION. ..................................................................................... 2 SECTION 5. METHOD OF PAYMENT. ........................................................................... 2 SECTION 6. INDEPENDENT CONSULTANT. ............................................................... 2 SECTION 7. ASSIGNABILITY. ....................................................................................... 2 SECTION 8. INDEMNIFICATION.................................................................................... 2 SECTION 9. INSURANCE. ............................................................................................. 3 SECTION 10. NON-DISCRIMINATION. .......................................................................... 3 SECTION 11. TERMINATION. ........................................................................................ 5 SECTION 12. COMPLIANCE WITH LAWS. ................................................................... 5 SECTION 13. GOVERNING LAW. .................................................................................. 5 SECTION 14. PRIOR CONTRACTS AND AMENDMENTS. ........................................... 5 SECTION 15. CONFIDENTIAL INFORMATION. ............................................................ 6 SECTION 16. OWNERSHIP OF MATERIALS. ............................................................... 6 SECTION 17. COVENANT AGAINST CONTINGENT FEES. ......................................... 6 SECTION 18. WAIVER. .................................................................................................. 6 SECTION 19. CONFLICT OF INTEREST. ...................................................................... 6 SECTION 20. AUDIT BOOKS AND RECORDS. ............................................................ 6 SECTION 21. NOTICES. ................................................................................................ 7 SECTION 22. EXHIBITS: ................................................................................................ 7

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THE PARTIES HEREBY AGREE AS FOLLOWS:

SECTION 1. SCOPE OF SERVICES.

Consultant shall perform those services as specified in detail in Exhibit “A,” entitled “SCOPE OF SERVICES” which is attached hereto and incorporated herein.

SECTION 2. TERM OF CONTRACT.

The term of this Contract shall be from October 1, 2024 to September 30, 2025, inclusive.

SECTION 3. SCHEDULE OF PERFORMANCE.

The services of Consultant are to be completed according to the schedule set out in Exhibit “B,” entitled “SCHEDULE OF PERFORMANCE,” which is attached hereto and incorporated herein. Consultant will diligently proceed with the agreed Scope of Services and will provide such services in a timely manner in accordance with the “SCHEDULE OF PERFORMANCE.”
SECTION 4. COMPENSATION.

The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as the rate and schedule of payment are set out in Exhibit “C” entitled “COMPENSATION,” which is attached hereto and incorporated herein.

SECTION 5. METHOD OF PAYMENT.

Except as otherwise provided in Exhibit “C,” quarterly, Consultant shall furnish to the City a statement of the work performed for compensation during the preceding quarter. Such statement shall also include a detailed record of the quarter’s actual reimbursable expenditures.

SECTION 6. INDEPENDENT CONSULTANT.

It is understood and agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent Consultant and not an agent or employee of City, and as an independent Consultant, shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.

SECTION 7. ASSIGNABILITY.

Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.

SECTION 8. INDEMNIFICATION.

Consultant has the expertise and experience necessary to perform the services and duties agreed to be performed by Consultant under this Contract, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.

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Consultant shall defend, indemnify and hold harmless City, its officers and employees, against any loss or liability arising out of or resulting in any way from work performed under this Contract whether due to the willful or negligent acts (active or passive) or errors or omissions by Consultant or Consultant's officers, employees or agents or otherwise.

SECTION 9. INSURANCE.

Coverage shall be at least as broad as:

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

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

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

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

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

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

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

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.

General liability coverage can be provided in the form of an endorsement to the

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

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

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

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

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

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

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

Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including an additional insured endorsement and all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

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

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

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

SECTION 10. NON-DISCRIMINATION.

Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin, or disability in connection with or related to the performance of this Contract.

SECTION 11. TERMINATION.

A. City and Consultant shall have the right to terminate this Contract, without cause, by giving not less than ten (10) days written notice of termination.

B. If Consultant fails to perform any of its material obligations under this Contract, in addition to all other remedies provided by law, City may terminate this Contract immediately upon written notice.

C. The City Manager is empowered to terminate this Contract on behalf of City.

D. In the event of termination, Consultant shall deliver to City copies of all work papers, schedules, reports and other work performed by Consultant and upon receipt thereof, Consultant shall be paid in full for services performed and reimbursable expenses incurred to the date of termination.

SECTION 12. COMPLIANCE WITH LAWS.

Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Consultant shall obtain and maintain a City of Salinas business license during the term of this Contract.

SECTION 13. GOVERNING LAW.

City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Municipal or Superior Court of the County of Monterey.

SECTION 14. PRIOR CONTRACTS AND AMENDMENTS.

This Contract represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Contract may only be modified by a written amendment.

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SECTION 15. CONFIDENTIAL INFORMATION.

All data, documents, discussions, or other information developed or received by or for Consultant in performance of this Contract are confidential and not to be disclosed to any person except as authorized by the City Manager or his designee, or as required by law.

SECTION 16. OWNERSHIP OF MATERIALS.

All reports, documents or other materials developed or received by Consultant or any other person engaged directly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use.

SECTION 17. COVENANT AGAINST CONTINGENT FEES.

The Consultant covenants that Consultant has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract, for breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.

SECTION 18. WAIVER.

Consultant agrees that waiver by City or any one or more of the conditions of performance under this Contract shall not be construed as waiver of any other condition of performance under this Contract.

SECTION 19. CONFLICT OF INTEREST.

A. A Consultant shall avoid all conflict of interest or appearance of conflict of interest in performance of this Contract. Consultant shall file a disclosure statement, if required by City Council Resolution, which shall be filed within thirty (30) days from the effective date of this Contract or such Resolution, as applicable.

B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or otherwise do anything which will result in such member, officer, or employee of the City from having such interest.

SECTION 20. AUDIT BOOKS AND RECORDS.

Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.

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SECTION 21. NOTICES.

All notices shall be personally served or mailed, postage prepaid, to the following addresses, or to such other address as may be designated by written notice by the parties:

CITY

City of Salinas
200 Lincoln Ave.

Salinas, CA 93901
(831) 758-7381

CONSULTANT

Ecology Action of Santa Cruz
877 Cedar Street, Suite 240
Santa Cruz, CA 95060
(831) 426-5925

SECTION 22. EXHIBITS:

Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation

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

CITY

CITY OF SALINAS

BY ______________________________
Rene Mendez, City Manager

ATTEST:

BY ______________________________
Patricia Barajas, City Clerk

APPROVED AS TO FORM:

BY ______________________________
Christopher A. Callihan, City Attorney

CONSULTANT

BY_________________________________
Charles Tremper, Vice President and
General Counsel

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EXHIBIT “A”

SCOPE OF SERVICES

Consultant shall provide professional consulting services during the term of the agreement. Specific types of services to be provided include, but are not l imited to the following:

The Walk Smart Program is a two-part pedestrian safety education training. Part 1 involves a presentation to teach critical safety best practices for young pedestrians. The preferred delivery model is to provide these presentations in-person at individual classrooms. Accommodations to provide online presentations are made at the school request. Part 2 involves a Walking Field Trip, in which children are required to walk through a series of exercises including stopping, looking both ways and crossing the street only when it is free of oncoming vehicles. The Walking Field Trip is typically conducted in the neighborhood around the school, although special accommodations can be made to host the training on the school blacktop, at the school’s request. The program utilizes bilingual and bicultural staff. Ecology Action staff will coordinate with the Salinas Police Department and provide targeted educational handouts. The training gives students the necessary knowledge and hand-on training and parents the confidence to allow the children to walk and bike to school. Target: Thirty (30) presentations and Thirty (30) Walking Field Trips.

The Bike Smart Program is also a two-part program, consisting of a 60-minute presentation followed (on a separate day) by a 2-hour rodeo. The preferred delivery model is to conduct the presentations in-person at individual classrooms, but accommodations can be made to serve classes in an assembly-style or online, at the request of the schools. Bike Smart presentations use a variety of mediums: live demonstrations, animations, videos and discussions, to teach safety behavior to students. Lessons cover the benefits of bicycling, rules of the road, importance and correct use of bicycle helmet, choosing safe routes, safely navigating intersection crossings, being visible and other safe bike-handling topics. The on-bike safety obstacle course is led by bi-lingual, bi-cultural League of American Bicyclists League Certified Instructors. During the safety rodeo, students get the change to practice the important safety skills they acquired during the presentation by riding a bicycle through ac carefully constructed court. The Certified Instructors bring a fleet of bicycles and helmets that can be used by students who are not able to bring their own bicycles, ensuring that everyone can participate. Target: Twenty-Seven (27) Presentation and Twenty-Seven (27) Rodeos

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Learn to Ride Workshop - Designed to teach elementary students the skills needed to ride a bicycle and provide students who already know how to ride the opportunity to practice being more comfortable on their bikes.

Group Rides – Designed to teach students about bike safety and offer beginner- friendly opportunities to explore safe neighborhood routes, while practicing being comfortable with street riding.

Bike Repair Clinic – Ensures that students are riding safe and operable bikes. These clinics will offer free bike mechanic checks and basic repair, as well as instruction on bike checks and flat tire repair.

Bicycle Helmets Ecology Action will purchase 175 bicycle helmets to be distributed at schools, community events, and bike/ped safety presentations. Target: One-Hundred seventy-five (175) helmets distributed to community members (including students).

Bicycle Safety Equipment Ecology Action will purchase 80 pieces of bicycle safety equipment (including lights and reflectors) to be distributed at schools, community events, and bike/ped safety presentations. Target: Eighty (80) pieces of safety equipment distributed to community members (including students).

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EXHIBIT “B”

SCHEDULE OF PERFORMANCE

Services shall commence immediately upon execution of this Contract. All services performed under the provisions of this Contract shall be completed during the term of this Contract. Consultant shall notify City of scheduled presentations and/or events at least 14 days prior. Notifications shall include title of presentation/event, as well as date, time and location.

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EXHIBIT “C”

COMPENSATION

a. Total Compensation. The total obligation of City under this Contract shall not exceed $170,831.00

b. Basis for Payment. Payment(s) to Consultant for services performed under this contract shall be made as follows and shall [not] include payment for reimbursable expenses:

Item Name
Unit Cost or
Rate Units Cost
Pedestrian Traffic Safety Classroom Presentation
(in-person)1 $ 833.00 30 $24,990.00
Walk Smart Assembly Presentation (in-person)2 $ 1,370.00 0 $0.00 Walking Field Trip / On-foot Traffic Safety Training $ 1,439 30 $43,170.00

Bicycle Traffic Safety Classroom Presentation (in-
person) $ 833.00 27 $22,491.00
Bike Smart Assembly Presentation (in-person)2 $ 1,370.00 0 $0.00 Bike Rodeo $ 1,779.00 27 $48,033.00

Online Walk Smart or Bike Smart Classroom
Presentation $ 685.00 0 $0.00
Online Walk Smart or Bike Smart Assembly
Presentation3 $1,370.00 0 $0.00

Learn to Ride Workshop $3,593.00 2 $7,186.00
Group Rides $3,482.00 3 $10,446.00
Bike Repair Clinic $3,430.00 3 10,290.00

Bicycle Helmets $15.00 175 $2,625.00
Bicycle Safety Equipment $20.00 80 $1,600.00

Total: $170,831.00

NOTES:

Items in BOLD are the preferred delivery models, but other options will be provided only at the request of the schools.
1 For the second-grade audience, assemblies are not recommended. We will only provide classroom-level presentations as part of the Walk Smart program. 2 An assembly presentation is 2+ classes combined for one presentation. Despite shorter time

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presenting in front of students, assemblies do require the same level of care in scheduling, evaluation, printing, and preparation.
3 For online assembly presentation, we use two staff to keep students engaged. As with the in- person assembly, all classes receive the same level of engagement around scheduling and evaluation.

c. Payment Request. Consultant shall submit a request for payment for services on a quarterly basis by letter to Director or said Director's designated representative. Such request for payment shall cover the preceding quarter period during the term hereof, shall note the City's purchase order number for this contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-535, Version: 1
Direct Purchase of Vigilant Fixed License Plate Reader (LPR) Camera Systems Approve a Resolution authorizing the Purchasing Agent and City Manager to purchase L5F Fixed License Plate Reader (LPR) camera systems from Vigilant Solutions, LLC for a total cost not to exceed $897,543.70.

City of Salinas Printed on 9/19/2024Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 24, 2024
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: JOHN MURRAY, ACTING CHIEF OF POLICE

BY: TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR

DIANA CALIZO, ADMINISTRATIVE ANALYST
TITLE: DIRECT PURCHASE OF VIGILANT FIXED LICENSE PLATE

READER (LPR) CAMERA SYSTEMS

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the Purchasing Agent and City Manager to purchase L5F Fixed License Plate Reader (LPR) camera systems from Vigilant Solutions, LLC for a total cost not to exceed $897,543.70.

EXECUTIVE SUMMARY:

The Salinas Police Department (SPD) received an Organized Retail Theft (ORT) Grant award of $3,573,307 from the Board of State and Community Corrections (BSCC), and award acceptance was approved by City Council on October 10, 2023. The ORT Grant funds both Flock and Vigilant LPR camera systems and thus the department is requesting approval to purchase the Vigilant L5F Fixed License Plate Reader (LPR) camera systems, as identified on the attached quote, for a total cost not to exceed $897,543.70.

BACKGROUND:

The California Budget Act of 2022 (Senate Bill 154) established the Organized Retail Theft (ORT) Prevention Grant Program. Grant funds are to be used by local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft. At the September 14, 2023, Board of State and Community Corrections Board Meeting, 31 City Police Departments and seven Sheriff’s Departments were awarded a total of $242,250,000 in ORT Prevention Funding. The Salinas Police Departmen t was one of the awardees, receiving an award of $3,573,307 for the period October 1, 2023, through June 1, 2027.

The Salinas Police Department’s grant submission focused on the need to respond to the growing threat of organized retail crime and continuing high rate of motor vehicle theft. The project’s goal is to deter organized retail theft, identify and apprehend suspects, and recover stolen property to improve the safety of Salinas businesses, increase economic activity, improve quality of life, and Page | 2
enhance public safety in the City. The grant will fund the development of an Organized Retail Crime and Motor Vehicle Theft Prevention Program which will be technologically supported using merchandise tracking systems, license plate reader cameras, and computer forensic tools and equipment.

The Salinas Police Department has utilized LPR technology since 2018 and it has proven to be a beneficial tool for identifying and locating stolen vehicles and other vehicles linked to criminal activity. Due to the success with LPR technology, fixed Flock Safety solar-powered LPR cameras have been installed throughout the city , and with funding from a COPS Technology Grant, we were able to add mobile LPR to additional marked police vehicles. The department is now requesting to purchase fixed and hard-wired Vigilant LPR camera systems to be installed in the city. This new purchase will be fully funded by Board of State and Community Corrections (BSCC) Organized Retail Theft (ORT) Grant.

The LPR cameras record vehicle license plate information and uploads the data for comparison against state databases of stolen or wanted vehicles. The Police Department maintains both Flock and Vigilant LPR ca mera systems. The Flock Safety LPR cameras provide clear images of vehicles, showing not only their license plate number, but other objective data such as vehicle make, model, color, and unique details such as roof racks, bumper stickers, etc. These images provide objective evidence in solving crimes and are invaluable as investigative tools. The mobile Vigilant LPR systems record license plate numbers of parked and moving vehicles as they move about town. It has been beneficial to maintain both Flock Safety solar-based LPR systems and Vigilant mobile LPR systems , but the Flock Safety LPRs are solar -powered, and thus the recordings may be limited by battery life and the mobile Vigilant systems lack the ability to remain focused on specific areas or locations. The Salinas Police Department would like to expand the LPR technology by adding fixed Vigilant License Plate Reader (LPR) Camera Systems which are hardwired and thus not limited by battery life. These fixed LPR cameras are dual-lens cameras with infrared LEDs for plate illumination and can capture up to two (2) lane coverage during varied weather conditions. These cameras are hardwired and thus can provide continuous scanning and real time alerting, including data analytics, without the limitation of solar power. Given the desire to implement complimentary technology, the department is requesting the direct purchase of Vigilant L5F Fixed License Plate Reader (LPR) camera systems, with associated equipment , services and installation, as identified on the attached quote.

Though there are other LPR camera system manufacturers, the Department has elected to expand the Vigilant system as it is already in use by the Police Department and thus does not require additional infrastructure, technology, or staff training . The C ity Council has the authority to approve this direct purchase of the LPR camera systems, as well as payment of the associated annual subscription fee, under Salinas Municipal code Section12-27 and without application of the local purchasing preference pursuant to Salinas Municipal Code Section 12-28.080. Additionally, the purchase of these additional fixed LPR camera systems maintain compliance with Ordinance Number 2678, related to the Collection and Use of Digital Data, which was approved by City Council on March 19, 2024.

Police Community Advisory Committee
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The Police Chief presented the request approval to purchase additional LPR cameras funded by the ORT Grant at the August 28, 2024, PCAC Meeting. The Committee had no questions or comments related to this purchasing request.

CEQA CONSIDERATION:

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

STRATEGIC PLAN INITIATIVE:

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

DEPARTMENTAL COORDINATION:

The Police Department has and will continue to coordinate with the Finance and Legal Departments during the purchasing and payment process, and with the IT and Public Works departments as necessary on technical and implementation issues.

FISCAL AND SUSTAINABILITY IMPACT:

Fund

Appropriation

Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)
3282 40.7421-62.5120 Supplies &
Materials Other
Clothing & Equip
$925,000 $897,543.70 n/a 10/10/23,
22813
Grant
Acceptance

ATTACHMENTS:

Resolution – Vigilant LPR Camera Systems
Quote for Vigilant LPR Camera Systems
1 RESOLUTION NO. (N.C.S.)

RESOLUTION AUTHORIZING THE DIRECT PURCHASE OF FIXED LICENSE PLATE READER (LPR) CAMERA SYSTEMS FROM VIGILANT SOLUTIONS, LLC.

WHEREAS, the Salinas Police Department received an Organized Retail Theft (ORT) Prevention Grant for $3.57M to respond to the growing threat of organized retail crime and continuing high rate of motor vehicle theft; and

WHEREAS, cameras and License Plate Reader (LPR) technology are useful tools used by police agencies to help solve crimes; and

WHEREAS, the Salinas Police Department is requesting the approval for the purchase of L5F Fixed License Plate Reader (LPR) camera systems from Vigilant Solutions, LLC; and

WHEREAS, the the purchase will be fully funded by the Salinas Police Department has funds to support this purchase utilizing the 2023 ORT Grant.

NOW, THEREFORE, BE IT RESOLVED that pursuant to Salinas Municipal Code section 12-27 the Salinas City Council authorizes the direct purchase of L5F Fixed License Plate Reader (LPR) camera systems from Vigilant Solutions, LLC for a cost not to exceed $931,755.71 and authorizes the Purchasing Agent to complete the purchase.

PASSED AND APPROVED this 24th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
Vigilant Solutions, LLC
P .O Box 841001
Dallas, Texas 75202
(P) 925-398-2079 (F) 925 -398-2113
Issued To: Salinas Police Department - Attention: Tonya Erickson Date: 08-30-24 Project Name: L5F - 10 intersection - Capex Quote ID: TCH-0173-01v2

PROJECT QUOTATION
We at Vigilant Solutions, LLC are pleased to quote the following systems for the above referenced project:

Qty Item # Description
(65) VSF-025-L5F
More Info
L5F Fixed LPR Camera with Sun Shield - 25mm Lens with Camera Cable ● Dual-lens camera with infrared LEDs for plate illumination ● 55ft - 85ft capture distance and up to 2 lane coverage ● Internal trigger for capture of plate alphanumerics, vehicle make and model ● Camera housing with included sunshield is IP67 rated for reliable use in varied weather conditions
● 60' camera cable included
● Includes CarDetector LPR software for local server hosting ● LPR vehicle license plate scanning / real time alerting o Full suite of LPR tools including data analytics
(2) VSF-035-L5F
More Info
L5F Fixed LPR Camera with Sun Shield - 35mm Lens with Camera Cable ● Dual-lens camera with infrared LEDs for plate illumination ● 85ft - 105ft capture distance and up to 2 lane coverage ● Internal trigger for capture of plate alphanumerics, vehicle make and model ● Camera housing with included sunshield is IP67 rated for reliable use in varied weather conditions
● 60' camera cable included
● Includes CarDetector LPR software for local server hosting ● LPR vehicle license plate scanning / real time alerting o Full suite of LPR tools including data analytics
(67) VS-FX-UNI-POLE-

WALL-ASSY
Fixed LPR Camera Bracket
● Pole or Wall Mount - UPR ARM ASSY POLE & WALL MOUNT BLK REV B (44) VS-L5-TX-WO-POLE-
TAP
L5F MultiTap Transformer w/o Tap, 120-480VAC
(40) BCAV1F2-C600 Vigilant Fixed Camera Communications Box ● Linux Comms Box using VLP5200
● Manages power and communications for up to four (4) Vigilant fixed LPR cameras ● Includes modem for communication with cellular carriers o SIM Card not included

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(64) CDFS-2HWW Fixed Camera LPR System - Extended Hardware Warranty - 2 Additional Years ● Fixed LPR System LPR hardware component replacement warranty ● Applies to 1-Channel hardware system kit
● Valid for 2 years from standard warranty expiration
(40) SSU-SYS-COM Vigilant System Start Up & Commissioning of 'In Field' LPR system ● Vigilant technician to visit customer site
● Includes system start up, configuration and commissioning of LPR system ● Includes CDM/CDF Training
● Applies to mobile (1 System) and fixed (1 Camera) LPR systems (4) VS-TRVL-01 Vigilant Travel via Client Site Visit
● Vigilant certified technician to visit client site
● Includes all travel costs for onsite support services (108) VS-SHP-02 Vigilant Shipping Charges - Fixed or Comms ● Applies to each fixed camera LPR System
● Or Communication Box Purchased without LPR System
● Shipping Method is FOB Shipping
(1) VSBSCSVC-04 Vigilant LPR Basic Service Package for Hosted/Managed LPR Deployments ● Managed/hosted server account services by Vigilant
o Includes access to all LEARN or Client Portal and CarDetector software updates ● Priced per camera per year for over 60 total camera units ● Requires new/existing Enterprise Service Agreement (ESA) (1) VS-INSTL-01 Installation of 10 systems as identified in the deployment plan.

Subtotal Price $931,755.71
Quote Notes:

1. This quote will expire on Oct 2nd, 2024

2. Installation and Commissioning included in this proposal. Installation includes Mobilization to sites, setup for traffic control, furnishing and installing conductors from existing service cabinets to Communication boxes located on site, and final optimization as needed.

3. Customer shall be responsible for obtaining all necessary permits and engineering drawings, if necessary. Motorola may obtain permits/drawing if mutually agreed upon in writing, at additional cost to the Customer.

4. All hardware components to have standard One (1) year hardware warranty.

5. (1) Year hardware Warranty and any extended warranty purchased applies to hardware replacement only. Services related to Hardware Warranty replacement are the responsibility of the customer.

6. Compatibility with Vigilant Solutions hardware/software to be confirmed prior to sale.

7. Compliance to local codes neither guaranteed nor implied. Customer represents and warrants that they have all necessary rights and permissions to the areas where the installation services are provided.

8. This Quote is provided per our conversation & details given by you - not in accordance to any written specification.

9. This Quote does not include anything outside the above stated bill of materials.

10. This purchase does not include a SIM for cellular service

11. MSI's Master Customer Agreement: https://www.motorolasolutions.com/en_us/about/legal.html (and all applicable addenda) shall govern the products & services and is incorporated herein by this reference. Any free services provided under this offer are provided AS IS with no express or implied warranty

12. Installation pricing assumes power at the pole and access to said power. It also assumes your preferred installer pricing.

Page 2 of 7 ends

13. Engineered traffic control plans are not included.

14. Customer to provide (40) data SIMs. Recommended data plans without throttling. At&T, Firstnet and Verizon are supported.

15. Includes Customer Loyalty Discount Promotion
Quoted by: Kelly Bluth - 925-398-2079 - [email protected] Subtotal Price $845,305.71
Sales Tax $52,237.99
Total Price $897,543.70

Page 3 of 7 ends

Vigilant Solutions LLC
#OwnerFirstName# #OwnerLastName#
Date _______________
Re: #QuoteID#
Agency: #CompanyName#
Total Cost: #QuoteTotal#
Contract Reference: #ProjectName#
Please be advised that the #CompanyName# will purchase the goods and/or services offered in your Quote #QuoteID#. This constitutes a purchase pursuant to the terms of the specified contract below, including any applicable addenda.

Specified Contract: Master Customer Agreement and attached addenda, signed concurrently herewith.

Agency affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, and acknowledges that pursuant to ___________________________ , the funds for this purchase has been authorized. Customer agrees to appropriate funding in accordance with the contract.

Invoices shall be according to the milestone schedule included in the quote and services agreement, should reference ‘#QuoteID#’ and be sent to:
#CompanyName#
Attn: ________________________
____________________________
____________________________
The equipment will be shipped to the customer at the following address, and the ultimate destination where the equipment will be delivered to the customer is:
#CompanyName#
Attn: ________________________
____________________________
____________________________
Sincerely,
Signature: _______________________________________
Name: _______________________________________
Title: _______________________________________
Email: _______________________________________

Page 4 of 7 ends

Contract Terms Acknowledgment
This Contract Terms Acknowledgment (this “ Acknowledgment”) is entered into between Vigilant Solutions, LLC, a Delaware corporation (“Vigilant”) and the entity set forth in the signature block below (“ Customer”).

Vigilant and Customer will each be referred to herein as a “Party” and collectively as the “Parties”.

1. Contract Terms Acknowledgment. Customer acknowledges that they have received Statements of Work that describe the services provided on this Agreement. Parties acknowledge and agree that the terms of the Master Customer Agreement (“MCA”), including all applicable Addenda, shall apply to the Services set forth in the accompanying Ordering Document. Vigilant's Terms and Conditions, available at https://www.motorolasolutions.com/en_us/about/legal.html, including the Master Customer Agreement, is incorporated herein by this reference. By signing the signature block below, Customer certifies that it has read and agrees to the provisions set forth in this Acknowledgment and the signatory to this Acknowledgment represents and warrants that he or she has the requisite authority to bind Customer to this Acknowledgment.

2. Entire Agreement. This Acknowledgment, including the accompanying Ordering Document, supplements the terms of the MCA, applicable Addenda, and Ordering Documents entered between the Parties and forms a part of the Parties’ Agreement.

3. Disputes; Governing Law. Sections 12 – Disputes of the MCA is hereby incorporated into this Acknowledgment mutatis mutandis.

4. Execution and Amendments. This Acknowledgment may be executed in multiple counterparts and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimi le copy, or computer image of a signature will be treated, and will have the same effect as an original signature, and will have the same effect, as an original signed copy of this document. This Acknowledgment may be amended or mo dified only by a written instrument signed by authorized representatives of both Parties.

The Parties hereby enter into this Acknowledgment as of the last signature date below.

Signature: _______________________________________
Name: _______________________________________
Title: _______________________________________
Email: _______________________________________

Page 5 of 7 ends

Offer Addenda – Standard Hosted LPR Services - Page 1 of 2 Standard LPR Hosting Services w/ LPR, Fees and Payment Provision I License Key: The Camera License Key (CLK) means an electronic license key that will permit the use of MSI’s LPR software to be used with standard MSI issued LPR cameras (one CLK per LPR camera) and select MSI Software Products.

II Offer Services: This Offer includes the following Software Services / Software Products:
• LPR Software Services / Software Products:
o Basic Service:
▪ MSI Managed/Hosted LPR Account
▪ CarDetector LPR Software w/ all updates
o Standard Service:
▪ Mobile Hit Hunter (for CarDetector Mobile LPR Software) ▪ Unlimited Mobile Companion (for Android or iPhone) Single Plate Scan • Optional Parking Services:
o Parking Toolkit (software application)
o Parking Integration (3 rd party system integration)
o Scofflaw Alerting Service
III Annual Service Fees (CLKs): The Service Fees applicable to each Annual Service Period shall be as follows:

Annual Service Fee per CLK
Total CLKs under this Offer 0-14 CLKs 15-30 CLKs 31-60 CLKs Over 60 CLKs Vigilant Basic LPR Service 525.00 450.00 400.00 275.00
Vigilant Standard LPR Service 750.00 640.00 565.00 390.00 Optional Parking Services: Software and/or data services related to Parking specific application and use:

Area intentionally left blank
Annual Parking Services Fee Schedule
Parking Enforcement System Toolkit $1,000.00
Parking Integration Service $1,000.00
Scofflaw Alerting Service $25,000.00
Offer Addenda – Standard Hosted LPR Services - Page 2 of 2 IN WITNESS WHEREOF, the undersigned has agreed to this rate sheet as of the Signature Date.

Company Name: ________________________________________ Signer’s Name: ________________________________________ Signer’s Email: ________________________________________ Signature Date: ________________________________________ Signature: ________________________________________
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-536, Version: 1
Approval to Seek Funding for the Purchase of a Tactical Armored Vehicle Approve a Resolution authorizing the Police Department to seek funding to support the purchase of a tactical armored vehicle.

City of Salinas Printed on 9/19/2024Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 24, 2024
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: JOHN MURRAY, ACTING CHIEF OF POLICE
BY: EULALIO VILLEGAS, POLICE COMMANDER
TITLE: REQUEST FOR APPROVAL TO SEEK FUNDING FOR THE

PURCHASE OF A TACTICAL ARMORED VEHICLE

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the Police Department to seek funding to support the purchase of a tactical armored vehicle.

EXECUTIVE SUMMARY:

The Salinas Police Department currently has two armored vehicle s that are used to provide armored/ballistic response during pre-planned or significant events such as critical incidents, natural disasters, and community events. Given the age of vehicles, the restrictive capabilities of a larger armored vehicle, and the significant improvements in recent years in the armored vehicle industry, the Police Department is requesting to purchase a smaller armored vehicle with current technology to ensure the police department can respond to a disaster or significant incident when necessary. Assembly Bill 481, codified in Government Code sections 7070 through 7075, requires a law enforcement agency (LEA) to obtain approval from the applicable gover ning body prior to the funding, acquisition, or use of “Military Equipment” as defined by the Bill. As an armored tactical vehicle is defined as “Military Equipment” per AB 481, we are seeking City Council approval prior to seeking funds to support the purchase.

BACKGROUND:

The Salinas Police Department has two armored vehicles, named Rescue 1 and Rescue 2. Rescue 1 was acquired in 2013 and Rescue 2 was acquired in 2019, and neither have had significant upgrades since their acceptance. The two MRAP Vehicles (Mine Resistant Ambush Protected Vehicle) were acquired from the US Government 1033 Program through the National Defense Authorization Act of 1997. The MRAPs were built for and used by the military before the Police Department received them. When they were acquired by the police department, they were painted, outfitted with emergency lighting equipment, including a police radio. Given the age of vehicles, the restrictive capabilities of a larger armored vehicle, and the significant improvements in recent years in the armored vehicle industry, the Police Department is requesting to purchase a smaller Page | 2
armored vehicle with current technology. There are several companies that manufacture tactical armored vehicles specifically for law enforcement and tailor them for urban or city use. These armored vehicles are normally smaller, lower to the ground, and configured with police equipment and lighting. Compared to the MRAP s, they are easier to maneuver into small spaces like residential driveways and have several doors built on them to allow the vehicle to be positioned at any angle to enable police personnel entry or exit behind the ballistic armor of the vehicle. These smaller armored vehicles have chemical agent resistant coating which enables the vehicle to be easily decontaminated after exposure to hazardous threats . These vehicles also have a hydraulic ram that breaches barricaded areas in high -threat situations so police personnel do not have to leave the safety of the vehicle.

The Salinas Police Department Special Weapons and Tactics (SWAT) team responds to between 25-35 pre-planned and/or spontaneous critical incidents each year , and during each incident the MRAP is deployed. Some of those deployments are in support of other Monterey County agencies and the armored vehicle serves as a regional asset that is beneficial to support and control law enforcement activities. The MRAP has also been used during natural disasters such as the 2023 floods in Monterey County. The wear and tear on the existing MRAPs have required constant maintenance. Just recently, one of the MRAPs was found to have water damage in the fuel tank caused by its use during the flooding. The MRAPs are midway on the manufacture suggested life expectancy.

The Monterey County Sheriff’s Office, as well as the Peninsula Special Response Unit, currently have Lenco Bearcats. The Lenco Bearcat is one of the tactical armored vehicles built specifically for law enforcement and one we would look to purchase. Those two agencies are busy with deployments but do not come close to the number of deployments the Salinas Police Department faces. We also have mutual aid agreements with all agencies within the county and have assisted them on occasion. A smaller armored vehicle will assist the Salinas Police Department with providing the best service to the community and offer the best protection for officers and citizens alike.

The Salinas Police Department does not have funds within the FY 2024-25 budget to support the purchase of a tactical armored vehicle and thus are requesting approval to seek funding, including the possible submission of a grant application, to support the purchase.

Assembly Bill 481 – Military Equipment Funding, Acquisition, and Use, requires the Salinas Police Department to obtain approval from the Salinas City Council prior to the funding, acquisition, or use of “Military Equipment” as defined by the Bill. Assembly Bill 481, codified in Government Code sections 7071(a)(1)(B) specifically requires approval of the governing body prior to “seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.” As an armored tactical vehicle meets the criteria of AB 481 Category 2: Mine- resistant ambush-protected (MRAP) vehicles or armored personnel carriers, City Council approval is required prior to seeking funding to support any purchase. More information about AB 481, including Salinas Police Department’s policy and equipment inventory, is available at www.salinaspd.org/assembly-bill-481. Salinas Police Department Policy 709 Addendum A Page | 3
provides the applicable equipment inventory, including the purpose of equipment, cost, lifespan, and authorized use.

Should the Police Department be successful in obtaining a funding award to support the necessary purchase of a tactical armored vehicle, the department will return to City Council for approval to accept the funding and authorize the purchase.

Police Community Advisory Committee

The Police Chief pr esented the intent to request approval to seek funding for the purchase of an armored tactical vehicle to the Police Community Advisory Committee (PCAC) during the Chief’s Report at the August 28 , 2024 meeting. The Committee had no questions or concerns regarding this requested action.

CEQA CONSIDERATION:

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

STRATEGIC PLAN INITIATIVE:

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

DEPARTMENTAL COORDINATION:

The Police Department will coordinate with the Public Works Department’s Fleet Division on options for tactical armored vehicles. If funds are awarded, the Police Department will further coordinate with the Public Work’s Fleet Division, as well as the Finance and Legal Departments.

FISCAL AND SUSTAINABILITY IMPACT:

No funds are requested to support the activities involved in seeking funds. Should funds be awarded, the department will return to City Council for approval to accept funds and purchase the vehicle.

Fund

Appropriation

Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)
n/a n/a

n/a n/a n/a n/a n/a

ATTACHMENTS:

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

RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO SEEK FUNDING

FOR THE PURCHASE OF A TACTICAL ARMORED VEHICLE

WHEREAS, the Salinas Police Department’s two armored vehicles were obtained in 2013 and 2019 and given their age, size, and the significant improvements in recent years in the armored vehicle industry, the department is requesting to purchase a smaller armored vehicle with current technology; and

WHEREAS, the Salinas Police Department does not have funds within the F Y 2024-25 budget to support the necessary modification and upgrade, thus desires to seek alternative funding to support this purchase; and

WHEREAS, a tactical armored vehicle is defined as “Military Equipment” per Assembly Bill 481 (AB 481), thus City Council approval is required prior to seeking funding to support any purchase.

NOW, THEREFORE, BE IT RESOLVED the Salinas City Council authorizes the Salinas Police Department to seek funding to support the purchase of a tactical armored vehicle.

PASSED AND APPROVED this 24th day of September, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-544, Version: 1
Agreement with Yosso Group Inc. for the Replacement of the Playground Structure at Northgate Neighborhood Park
Approve a Resolution authorizing the City Manager to negotiate and execute an agreement with Yosso Group Inc. for the replacement of the playground structure at Northgate Neighborhood Park in an amount not to exceed $974,090.54.

City of Salinas Printed on 9/19/2024Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 24, 2024
DEPARTMENT: LIBRARY & COMMUNITY SERVICES
FROM: KRISTAN LUNDQUIST, DIRECTOR
BY: ANA AMBRIZ, REC-PARK SUPERINTENDENT
TITLE: AGREEMENT WITH YOSSO GROUP INC. FOR THE

REPLACEMENT OF THE PLAYGROUND STRUCTURE AT

NORTHGATE NEIGHBORHOOD PARK

RECOMMENDED MOTION:

A motion to a pprove a Resolution authorizing the City Manager to negotiate and execute an agreement with Yosso Group Inc. for the replacement of the playground structure at Northgate Neighborhood Park in an amount not to exceed $974,090.54.

EXECUTIVE SUMMARY:

On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA), which provided the City of Salinas with $51,567,313 in relief funds. In September 2021, the City Council allocated ARPA funds for a number of government service projects, inclu ding $2 million dollars for playground structures, park benches and bar -be-que grills, the majority of which was to be spent in the 93905 and 93906 zip codes which were hit hardest by the COVID-19 pandemic. With the allocation, the Council Resolution called for staff to check in with the Finance Committee on these and the Public Works sidewalk/street repair allocations. In May 2022, staff provided an updated to the Finance Committee on the recommended projects identified for ARPA funding.

This report included playground two new playground structures at Williams Ranch and Northgate Neighborhood Parks.

DISCUSSION:

The City of Salinas has 35 playgrounds located in parks/facilities across the City. An assessment of the playgrounds was conducted as part of the Parks, Recreation & Libraries Master Planning effort in 2017. The majority of the playgrounds were found to be in fair and/or good condition.

The playground at Williams Ranch Neighborhood Park was found to be in poor condition and in need of replacement.

On December 13, 2022, the City Council authorized the City Manager to enter into a Professional Services Agreement (PSA) between the City of Salinas and BFS Landscape Architects (BFS) for Page | 2
program and construction management of multiple projects to include the development of universal playgrounds concepts for Northgate and Williams Ranch Neighborhood Parks.

BFS requested concepts from playground manufacturers and presented them to staff. After review, the 3 concep t alternatives were presented to community in the Northgate Park neighborhood.

Engagement consisted of an online survey and pop-up activities for each of the sites at the end of 2023. The goal was to get community’s preference on the presented concept and site amenities.

Pop-up activities for Northgate occurred at the park itself, Henry F. Kamman Elementary School and Harden Middle School. The in -person event at Henry F. Kamman Elementary recorded 140 unique votes on the playground design alternatives, the Harden Middle School received 99 unique votes, and the online survey recorded 51 responses. The preferred concept was submitted by Yosso Group Inc. and is illustrated below.

Sourcewell (formerly National Joint Powers Alliance) has a contract with Yosso Group Inc. and can provide and install the playground equipment at Northgate Park for $929,308.18. In addition, staff would like to request a 5% contingency for any unforeseen issues that may arise. Sourcewell is a cooperative purchasing organization, and the City Council can approve this purchase under, cooperative purchase with other government agencies and Section 12-25.

The City Council may authorize the direct purchase through this vendor pursuant to Salinas Municipal Code sections 12-27 and 12-28.080. The replacement of this playground plus the 5% contingency would total $974,090.54.

CEQA CONSIDERATION:

The City of Salinas has determined that the replacement of the existing structure is substantially the same size, purpose, and capacity, qualify as a Class 2 Categorical Exemption (Section 15302 Replacement or Reconstruction) under the California Environmental Quality Act (CEQA).

Page | 3
CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

Yes

STRATEGIC PLAN INITIATIVE:

The playground repairs are consistent with the City Council Goals of:
 Youth and Seniors
 Infrastructure and Environmental Sustainability
 Public Safety

DEPARTMENTAL COORDINATION:

Library & Community Services , Community Development and Public Works collaborated on developing scope and selecting BFS to provide project and construction management services for this project. Collaboration between the three departments will continue through the building permit process and construction.

FISCAL AND SUSTAINABILITY IMPACT:

Fund Appropriation

Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget
Page
Last Budget
Action (Date,
Resolution)
3911 55.8171-

66.4000
Capital Outlays
Improvements
$1,764,367.20 $470,000

n/a 11/16/2021,
22250
5800 55.9060-

66.4000
Capital Outlays
Improvements
$652,854 $504,090.54 n/a 12/13/2022,
22550

ATTACHMENTS:

Resolution
Agreement with Yosso Group Inc.

Page | 1

RESOLUTION NO. (N.C.S.)

AGREEMENT FOR SERVICES WITH YOSSO GROUP INC. FOR THE

REPLACEMENT OF THE PLAYGROUND STRUCTURE AT NORTHGATE

NEIGHBORHOOD PARK

WHEREAS, on March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) which provided the City of Salinas with $51,567,313 in relief funds; and;

WHEREAS, on September 1, 2021, the City Council allocated ARPA funds for a number of governmental service projects, including $2 million dollars for playground structures, park benches and bar-be-que grills, the majority of which was to be spent in the 93905 and 93906 zip codes; and

WHEREAS, on September 20, 2022, staff recommended the full replacement of two (2) playground structures, one at Willians Ranch N eighborhood Park and one Northgate Neighborhood Park. These two playground locations fall within the 93906 zip code and are in poor condition; and

WHEREAS, Sourcewell (formerly National Joint Powers Alliance) has a contract with Yosso Group Inc. and can provide and install the playground e quipment at Northgate Park for a total not to exceed $974,090.54; and

WHEREAS, Sourcewell is cooperative purchasing organizations, and the City Council can approve this purchase under, cooperative purchase with other government agencies and Section 12-25; and

NOW THEREFORE, BE IT RESOLVED BY THE SALINAS CITY COUNCIL that pursuant to Salinas Municipal Code Sections 12-25, 12-27 and 12 -28.080 the City Council authorizes the City Manager to negotiate and execute an Agreement with Yosso Group Inc. in the amount not to exceed $974,090.54 for the replacement of the playground structure at Northgate Neighborhood Park.

PASSED AND APPROVED this 24th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Page | 2

_______________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

Agreement for Services v. July 2024 Page 1 of 12
Yosso Group Inc.

September 2024

AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND YOSSO GROUP INC.

Northgate Neighborhood Park Playground Replacement

THIS AGREEMENT is executed this 24th day of September, 2024, (“Agreement” or “Contract”) between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and Yosso Group Inc., a California corporation (hereinafter “Contractor”).

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, the following services: Labor and material for Northgate Neighborhood Park.

Scope of work is further discussed in Attachment B.

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

3. Term. The work under this Agreement shall commence September 24, 2024 and shall be completed by June 30,2025, unless City grants a written extension of time as set forth in Section 2 above.

4. Payment. City agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, in an amount not to exceed nine hundred seventy-four thousand ninety and fifty-four hundredths ($974,090.54), as more fully described in title of Contractors fee schedule, Attachment B. Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

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

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

7. Indemnification. Contractor shall hold harmless, defend at its own expense, and indemnify City and its officers, officials, employees, agents, and volunteers from and against all liability, claims, damages, losses, and/or expenses including reasonable City attorney fees arising

Agreement for Services v. July 2024 Page 2 of 12
Yosso Group Inc.

September 2024

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

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

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

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

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

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

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

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

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

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

CITY OF SALINAS

Agreement for Services v. July 2024 Page 3 of 12
Yosso Group Inc.

September 2024

__________________________________
René Mendez, City Manager

APPROVED AS TO FORM:

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

CONTRACTOR

___________________________________

By (Printed Name):___________________

Its (Title):___________________________

Agreement for Services v. July 2024 Page 4 of 12
Yosso Group Inc.

September 2024

Attachment A

Insurance Requirements

Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her/its officers, agents, representatives, employees, and/or subcontractors.

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

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

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

Agreement for Services v. July 2024 Page 5 of 12
Yosso Group Inc.

September 2024

or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

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

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

Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving

Agreement for Services v. July 2024 Page 6 of 12
Yosso Group Inc.

September 2024

Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor may carry, at its own expense, such additional insurance as it deems necessary.

Agreement for Services v. July 2024 Page 7 of 12
Yosso Group Inc.

September 2024

Attachment B

Agreement for Services v. July 2024 Page 8 of 12
Yosso Group Inc.

September 2024

Agreement for Services v. July 2024 Page 9 of 12
Yosso Group Inc.

September 2024

Agreement for Services v. July 2024 Page 10 of 12
Yosso Group Inc.

September 2024

Agreement for Services v. July 2024 Page 11 of 12
Yosso Group Inc.

September 2024

Attachment C

DEPARTMENT OF INDUSTRIAL RELATIONS’ STATE LABOR CODE
Labor Law Requirements
(CCR Title 8, Section 16421)

This public works project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). All work shall be in accordance with wage scales and applicable determinations made by the Director of the DIR, as p rovided by Article 2, Chapter 1, Division 2, Part 7 of the Labor Code of the State of California, commencing with §1771.

Penalties for violations may be applied by the DIR pursuant to the Labor Code §1813 and §1815.

The Contractor shall indemnify, hold harmless, and defend the City (with counsel reasonably approved by the City) against any claim for damages, compensation, fines, penalties, or other amounts arising out of the failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages as determined pursuant to Labor Code §1720, and hereby agrees to, §§1771 -1774; to employ apprentices pursuant to Labor Code §1777.5 et seq., and/or to comply with the other applicable provisions of Labor Code §1720 et seq., §§1771-1774, §1777.5 et seq., and the implementing regulations of the DIR in connection with the scope of work.

This indemnification section shall survive the expiration of the Term.

The Federal and State Labor Law requirements applicable to the Agreement are composed of, but not limited, to the following items:

1. Payment of Prevailing Wage Rates: All contractors, including subcontractors, shall pay no less than the p revailing rate of wages (Labor Code §1775), including the rates for holidays and overtime work (Labor Code §§1813 and 1815), to all workers employed in the execution of the contract (Labor Code §1774), pursuant to Labor Code §§1720 -1784.

The prevailing rat es are those issued as wage determinations by the DIR, for each craft, classification and type of work. The current wage rate information can be found at the DIR’s website at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm.

Copies of the prevailing rate of per diem wages are on file at City’s Public Works Department (principal place of office). Contractor shall post a copy of the determination of the Director of DIR of the prevailing rate of per diem wages at each job site.

2. Apprentices: Contractor and subcontractors shall employ registered apprentices on this public works Agreement pursuant to Labor Code §1777.5. All contractors on this project (prime and subcontractors) are requ ired to submit the Division of Apprenticeship Standards’ (“DAS”) Public Works Contract Award Information (DAS 140) form to all applicable apprenticeship committees no later than 10 days before commencing work.

Additionally, all contractors are required to request registered apprentices (DAS 142 form).

Penalties for failure to pay prevailing wages (for non -exempt projects) and failure to employ apprentices include forfeitures and debarment under Labor Code §§1775 and 1777.7.

3. Certified Payroll Records: All contractors, including subcontractors, must maintain and

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Yosso Group Inc.

September 2024

file certified payroll records (“CPRs”) pursuant to Labor Code §1776. Additionally, all contractors and subcontractors must furnish certified payroll records into the DIR’s Electronic Certified Payroll Reporting (“eCPRs”) database (https://efiling.dir.ca.gov/eCPR/pages/eCPROnlineForm.jsp). Penalties apply to Contractor and any Subcontractors for failure to do so under Labor Code §1777.

4. Subcontracting: Contractors are required to list all subcontractors hired to perform work on this public works agreement.

5. Proper Licensing/Registration : All contractors and subcontractors are required to be properly licensed, in accorda nce with the Provisions of Chapter 9 of Division 3 of the Business and Professions Code and subject to the requirements of §4104 of the Public Contract Code. In addition, all contractors including subcontractors must submit proof of current registration to perform public work, pursuant to Labor Code §1771.1. Contractors are required to be properly licensed and to require all subcontractors to be properly licensed. Penalties for employing workers while unlicensed under Labor Code §1021 and under the Californ ia Contractors License Law, found at Business and Professions Code §7000 et. seq.

6. Job Site Notices: Contractors are required to post all required notices (posters) on the job site in an area accessible to all workers, including subcontractors. Posters must be readable and placed in visible areas allowing workers to access the posters before, during, and after work shifts. Jobsites with multiple locations must include a portable poster board to ensure continued access to the information. Posters placed in f oreman, supervisor, or employee vehicles, in an offsite job trailer, or inside a temporary restroom do not meet the posting requirement. Posters may be printed from the DIR’s website at:
http://www.dir.ca.gov/wpnodb.html.

7. Nondiscrimination in Employment – Equal Employment Opportunity (“EEO”) :

Employment discrimination is prohibited, pursuant to Labor Code §1777.6, the Government Code, and Title VII of the Civil Rights Act of 1964.

8. Kickbacks Prohibited: Contractors and subcontractors are prohibited from recapturing wages illegally by accepting or extracting “kickbacks” from employee wages pursuant to Labor Code §1778.

9. Acceptance of Fees Prohibited : Contractors and subcontractors are prohibited from accepting fees for registering any person for public work or for filling work orders on public works contracts, pursuant to Labor Code §§1779 and 1780.

10. Unfair Competition Prohibited : Contractors and subcontractors are prohibited from engaging in unfair competition as specified under Business and Professions Code §§17200 - 17208.

11. Workers’ Compensation: Contractors and subcontractors must be properly insured for Workers’ Compensation under Labor Code §1861. Contractor hereby represents that Contractor is aware of the provisions of Section 3700 of the Labor Code, which require every employee to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor will comply with such provisions before commencing the performance of the work of this agreement.

12. OSHA: Contractors and subcontractors must abide by the Occupational, Safety, and Health Laws and regulations that apply.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-548, Version: 1
Agreement with Ross Recreation Equipment Company Inc. for the Replacement of the Playground Structure at Williams Ranch Neighborhood Park
Approve a Resolution authorizing the City Manager to negotiate and execute an agreement with Ross Recreation Equipment Company Inc. for the replacement of the playground structure at Williams Ranch Neighborhood Park in an amount not to exceed $290,225.89.

City of Salinas Printed on 9/19/2024Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 24, 2024
DEPARTMENT: LIBRARY & COMMUNITY SERVICES
FROM: KRISTAN LUNDQUIST, DIRECTOR
BY: ANA AMBRIZ, REC-PARK SUPERINTENDENT
TITLE: AGREEMENT WITH ROSS RECREATION EQUIPMENT
COMPANY INC. FOR THE REPLACEMENT OF THE

PLAYGROUND STRUCTURE AT WILLIAMS RANCH

NEIGHBORHOOD PARK

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the City Manager to negotiate and execute an agreement with Ross Recreation Equipment Company Inc. for the replacement of the playground structure at Williams Ranch Neighborhood Park in an amount not to exceed $290,225.89.

EXECUTIVE SUMMARY:

On March 11, 2021, President Biden signed the American Rescue Plan A ct (ARPA), which provided the City of Salinas with $51,567,313 in relief funds. In September 2021, the City Council allocated ARPA funds for a number of government service projects, including $2 million dollars for playground structures, park benches and barbeque grills, the majority of which was to be spent in the 93905 and 93906 zip codes which were hit hardest by the COVID -19 pandemic. With the allocation, the Council Resolution called for staff to check in with the Finance Committee on these and the Public Works sidewalk/street repair allocations. In May 2022, staff provided an updated to the Finance Committee on the recommended projects identified for ARPA funding. This report included playground two new playground structures at Williams Ranch and No rthgate Neighborhood Parks.

DISCUSSION:

BFS requested concepts from playground manufacturers and presented them to staff. After review, the 3 concept alternatives were presented to community in the Williams Ranch neighborhood.

Engagement consisted of an online survey and pop-up activities for each of the sites at the end of 2023. The goal was to get community’s preference on the presented concept and site amenities.

Pop-up activities for Williams Ranch occurred at the park itself and Dr. Oscar Loya Elementary School. The in-person events recorded 58 unique votes on the playground design alternatives, and the online survey recorded 17 responses. The preferred concept was submitted by Ross Recreation Equipment Company Inc. and shown below.

National Purchasing Partners has a contract with Ross Recreation Equipment Company Inc., and they can provide the playground equipment and installation at Williams Ranch for $276,789. In addition, staff would like to request a 5% contingency for any unforeseen issues that may arise.

National Purchasing Partners is a cooperative purchasing organization, and the City Council can approve this purchase under, cooperative purchase with other government agencies and Section 12-25.

Consistent Salinas Municipal Code Sections 12 -27 and 12 -28.080 with Purchasing Policies and ordinance (2576) the purchase of equipment in the amount of more than $30,000 with one vendor requires City Council authorization. The replacement of this playground plus the 5% contingency would total $290,225.89.

Page | 3
CEQA CONSIDERATION:

The City of Salinas has determined that the replacement of the existing structure is substantially the same size, purpose, and capacity, qualif y as a Class 2 Categorical Exemption (Section 15302 Replacement or Reconstruction) under the California Environmental Quality Act (CEQA).

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

Yes

STRATEGIC PLAN INITIATIVE:

The playground repairs are consistent with the City Council Goals of:
 Youth and Seniors
 Infrastructure and Environmental Sustainability
 Public Safety

DEPARTMENTAL COORDINATION:

FISCAL AND SUSTAINABILITY IMPACT:

Fund Appropriation

Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget
Page
Last Budget
Action (Date,
Resolution)
3911 55.8171-

66.4000
Capital Outlays
Improvements
$1,764,367.20 $190,000.00

n/a 11/16/2021,
22250
5800 55.9060-

66.4000
Capital Outlays
Improvements
$652,854 100,225.89 n/a 12/13/2022,
22550

ATTACHMENTS:

Resolution
Agreement with Ross Recreation Equipment Company Inc.

Page | 1

RESOLUTION NO. (N.C.S.)

AGREEMENT FOR SERVICES WITH ROSS RECREATION EQUIPMENT
COMPANY INC. FOR THE REPLACEMENT OF THE PLAYGROUND STRUCTURE

AT WILLIAMS RANCH NEIGHBORHOOD PARK

WHEREAS, on March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) which provided the City of Salinas with $51,567,313 in relief funds; and;

WHEREAS, National Purchasing Partners has a contract with Ross Recreation Equipment Company Inc. and can provide the playground equipment and installation for a total not to exceed $290,225.89; and

WHEREAS, National Purchasing Partners is a cooperative purchasing organizations, and the City Council can approve this purchase under, cooperative purchase with other government agencies and Section 12-25; and

NOW THEREFORE, BE IT RESOLVED BY THE SALINAS CITY COUNCIL that pursuant to Salinas Munic ipal Code Sections 12-25, 12-27 and 12 -28.080 the City Manager of Salinas is authorized to negotiate and execute an Agreements with Ross Recreation Equipment Company Inc., in the amounts not to exceed $290,225.89 for the replacement of the playground structure at Williams Ranch Neighborhood Park.

PASSED AND APPROVED this 24th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Page | 2

_______________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

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Ross Recreation Equipment
September 2024

AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND ROSS RECREATION EQUIPMENT COMPANY INC.

Williams Ranch Playground Replacement

THIS AGREEMENT is executed this 24th day of September 2024, (“Agreement” or “Contract”) between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and Ross Recreation Equipment Company Inc., a California corporation (hereinafter “Contractor”).

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, the following services: Labor and material for Williams Ranch Neighborhood Park playground replacement. Scope of work is further discussed in Attachment B.

3. Term. The work under this Agreement shall commence September 24,2024 and shall be completed by June 30, 2025, unless City grants a written extension of time as set forth in Section 2 above.

4. Payment. City agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, an amount not to exceed two hundred ninety thousand two hundred twenty-five and eighty-nine hundredths ($290,225.89), as more fully described in title of Contractors fee schedule, Attachment B. Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City.

The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

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

7. Indemnification. Contractor shall hold harmless, defend at its own expense, and

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September 2024

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

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

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

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

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

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

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September 2024

CITY OF SALINAS

__________________________________
René Mendez, City Manager

APPROVED AS TO FORM:

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

CONTRACTOR

___________________________________

By (Printed Name):___________________

Its (Title):___________________________

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Ross Recreation Equipment
September 2024

Attachment A

Insurance Requirements

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

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

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

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September 2024

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

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

Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving

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September 2024

Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor may carry, at its own expense, such additional insurance as it deems necessary.

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September 2024

Attachment B

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September 2024

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Ross Recreation Equipment
September 2024

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September 2024

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September 2024

Attachment C

DEPARTMENT OF INDUSTRIAL RELATIONS’ STATE LABOR CODE
Labor Law Requirements
(CCR Title 8, Section 16421)

Penalties for violations may be applied by the DIR pursuant to the Labor Code §1813 and §1815.

This indemnification section shall survive the expiration of the Term.

The Federal and State Labor Law requirements applicable to the Agreement are composed of, but not limited, to the following items:

1. Payment of Prevailing Wage Rates: All contractors, including subcontractors, shall pay no less than the prevailing rate of wages (Labor Code §1775), including the rates for holidays and overtime work (Labor Code §§1813 and 1815), to all workers employed in the execution of the contract ( Labor Code §1774), pursuant to Labor Code §§1720 -1784.

The prevailing rates are those issued as wage determinations by the DIR, for each craft, classification and type of work. The current wage rate information can be found at the DIR’s website at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm.

2. Apprentices: Contractor and subcontractors shall employ registered apprentices on this public works Agreement pursuant to Labor Code §17 77.5. All contractors on this project (prime and subcontractors) are required to submit the Division of Apprenticeship Standards’ (“DAS”) Public Works Contract Award Information (DAS 140) form to all applicable apprenticeship committees no later than 10 da ys before commencing work.

Additionally, all contractors are required to request registered apprentices (DAS 142 form).

Penalties for failure to pay prevailing wages (for non -exempt projects) and failure to employ apprentices include forfeitures and debarm ent under Labor Code §§1775 and

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Ross Recreation Equipment
September 2024

1777.7.

3. Certified Payroll Records: All contractors, including subcontractors, must maintain and file certified payroll records (“CPRs”) pursuant to Labor Code §1776. Additionally, all contractors and subcontractors must furn ish certified payroll records into the DIR’s Electronic Certified Payroll Reporting (“eCPRs”) database (https://efiling.dir.ca.gov/eCPR/pages/eCPROnlineForm.jsp). Penalties apply to Contractor and any Subcontractors for failure to do so under Labor Code §1777.

4. Subcontracting: Contractors are required to list all subcontractors hired to perform work on this public works agreement.

5. Proper Licensing/Registration : All contractors and subcontractors are required to be properly licensed, in accordance with the Provisions of Chapter 9 of Division 3 of the Business and Professions Code and subject to the requirements of §4104 of the Public Contract Code. In addition, all contractors in cluding subcontractors must submit proof of current registration to perform public work, pursuant to Labor Code §1771.1. Contractors are required to be properly licensed and to require all subcontractors to be properly licensed. Penalties for employing workers while unlicensed under Labor Code §1021 and under the California Contractors License Law, found at Business and Professions Code §7000 et. seq.

6. Job Site Notices: Contractors are required to post all required notices (posters) on the job site in an area accessible to all workers, including subcontractors. Posters must be readable and placed in visible areas allowing workers to access the posters before, during, and after work shifts. Jobsites with multiple locations must include a portable poster board to ensure continued access to the information. Posters placed in foreman, supervisor, or employee vehicles, in an offsite job trailer, or inside a temporary restroom do not meet the posting requirement. Posters may be printed from the DIR’s website at:
http://www.dir.ca.gov/wpnodb.html.

7. Nondiscrimination in Employment – Equal Employment Opportunity (“EEO”) :

Employment discrimination is prohibited, pursuant to Labor Code §1777.6, the Government Code, and Title VII of the Civil Rights Act of 1964.

8. Kickbacks Prohibited: Contractors and subcontractors are prohibited from recapturing wages illegally by accepting or extracting “kickbacks” from employee wages pursuant to Labor Code §1778.

9. Acceptance of Fees Pr ohibited: Contractors and subcontractors are prohibited from accepting fees for registering any person for public work or for filling work orders on public works contracts, pursuant to Labor Code §§1779 and 1780.

10. Unfair Competition Prohibited : Contractor s and subcontractors are prohibited from engaging in unfair competition as specified under Business and Professions Code §§17200 - 17208.

11. Workers’ Compensation: Contractors and subcontractors must be properly insured for Workers’ Compensation under Labor C ode §1861. Contractor hereby represents that Contractor is aware of the provisions of Section 3700 of the Labor Code, which require every employee to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor will comply with such provisions before commencing the performance of the work of this agreement.

12. OSHA: Contractors and subcontractors must abide by the Occupational, Safety, and Health Laws and regulations that apply.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-549, Version: 1
Agreement with Miracle Playsystems Inc. for the Purchase and Installation of Exercise Equipment at Cesar Chavez Park and Swing Set at Santa Rita Neighborhood Park Approve a Resolution authorizing the City Manager to enter into an Agreement with Miracle Playsystems Inc. for the purchase and installation of exercise equipment at Cesar Chavez Community Park and swing set at Santa Rita Neighborhood Park in an amount not to exceed $64,120.

City of Salinas Printed on 9/19/2024Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 24, 2024
DEPARTMENT: LIBRARY AND COMMUNITY SERVICES

COMMUNITY DEVELOPMENT

FROM: KRISTAN LUNDQUIST, LCS DIRECTOR

LISA BRINTON, CD DIRECTOR

BY: ANA AMBRIZ, REC-PARK SUPERINTENDENT

OSCAR RESENDIZ, ASSOCIATE PLANNER

TITLE: AGREEMENT FOR SERVICES WITH MIRACLE PLAYSYSTEMS
INC. FOR THE PURCHASE AND INSTALLATION OF EXERCISE

EQUIPMENT AT CESA R CHAVEZ PARK AND SWING SET AT

SANTA RITA NEIGHBORHOOD PARK

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the City Manager to enter into an Agreement with Miracle Playsystems Inc. for the purchase and installation of exercise equipment at Cesar Chavez Community Park and swing set at Santa Rita Neighborhood Park in an amount not to exceed $64,120.

EXECUTIVE SUMMARY:

On March June 13, 2023, the City Council approved a resolution awarding a contract for the Cesar Chavez Park Decomposed Granite (DG) Path improvements to NR Development, Inc. Part of the scope of this project was to add four DG pads for the installation of exercise equipment along the trail. The four DG pads are now in place and ready for exercise equipment to be installed. Contract scope of work also includes adding a swing set to Santa Rita Park. Funding for the Cesar Chavez Park pathway and equipment improvements is Proposition 68 - Per Capita Program funds and CIP 9426, Alisal Vibrancy Plan Implementation. The Santa Rita swing set is included in the FY 24 - 25 Budget.

BACKGROUND:

The City was awarded Proposition 68 - Per Capita Program funds in the amount of $177,952. The intent of the Prop 68 funded Per Capita Program is to create opportunities for high quality outdoor recreation and connect residents to parks in critically underserved communities across California.

The Cesar Chavez Trail Park project consisted of renovating the existing decomposed granite trail, extending the trail to connect to Circle Drive, and the installation of bench and exercise pads along Page | 2
the trail. The total cost of trail improvements and expansion was $602,500. In addition to Per Capita Program funds, t he project also leverage d $559,000 of Alisal Vibrancy Plan (AVP) implementation funds (CIP 9246) designated for park and open space improvements to cover a portion of DG trail improvements, exercise equipment, benches, and trash receptacles to make this project a reality.

Staff explored a series of exercise equipment and determined that the best option was provided by Miracle Playsystems. The equipment will fit in the pre -built DG pads and is within the allocated AVP fund amount. The cost for the installation and exercise equipment is of $5 1,917.41. In addition, staff is requesting a 10% contingency for any issues that may arise during this project.

Santa Rita Neighborhood Park is one of 3 parks within District 5 and lacks a swing set. To expand park access and amenities for families in District 5 , staff recommended adding a tot swing set during the FY 24-25 budget. The cost for the swing set and installation is $6,433.38.

Consistent with Purchasing Policies and ordinance (2576) the purchase of equipment and services in the amount of more than $30,000 with one vendor requires City Council authorization. The total cost for the equipment and installation is of $64,120.

CEQA CONSIDERATION:

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

In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment.

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

Yes

STRATEGIC PLAN INITIATIVE:

This item relates to the City Council Goals of Youth and Seniors and Infrastructure and Environmental Sustainability. Trail improvements and amenities provide a space for walking or running in addition to a possible future connection with a proposed regional trail outside the park.

Adding exercise stations will promote healthy activity, as identified as priorities in the resident led AVP and implementation priorities. This collaboration allows the City to maximize both the use of the Per Capita Grant Funds and the AVP implementation funds to increase community benefit and achieve the priorities of both the PRLMP and the AVP.

DEPARTMENTAL COORDINATION:

Library & Community Services , Community Development , and Public Works Departments worked together to leverage funds for the trail and will continue to collaborate in the purchase and installation of exercise equipment.

Page | 3
FISCAL AND SUSTAINABILITY IMPACT:

Alisal Vibrancy Plan Implementation Funds (CIP 9246) will cover the purchase and installation of exercise equipment.

Fund

Appropriation

Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)*
5800 20.2031-63.5900 Outside services-
Other
professional
$559,000 $57,686.01 NA 6/13/23, 22693
1000 80.8005-64.5820 Other charges-
contingencies
$376,879 $6,433.38 253 6/11/24,
22979
* The FY 24-25 Adopted Budget was adopted on June 11, 2024.

ATTACHMENTS:

Resolution
Agreement with Miracle Playsystems Inc.

Page | 1

RESOLUTION NO. (N.C.S.)

AGREEMENT FOR SERVICES WITH MIRACLE PLAYSYSTEMS INC. FOR THE

PURCHASE AND INSTALLATION OF EXERCISE EQUIPMENT AT CESAR

CHAVEZ PARK AND SWING SET AT SANTA RITA NEIGHBORHOOD PARK

WHEREAS, the City was awarded Proposition 68 - Per Capita Program funds in the amount of $177,952 for Cesar Chavez Park trail improvements; and

WHEREAS, trail improvements and amenities provide a space for walking or running in addition to a possible future connection with a proposed regional trail outside the park, and adding exercise stations will promote healthy activity, a n identified as priority in the resident led Alisal Vibrancy Plan (AVP); and

WHEREAS, the project leverages Proposition 68 - Per Capita Program and Alisal Vibrancy Plan (AVP) i mplementation funds (CIP 9246) designated for park and open space improvements to cover the total cost of exercise equipment, benches and trash receptacles; and

WHEREAS, staff explored a series of exercise equipment and determined that the best option was provided by Miracle Play Systems for a total cost of $57,686.01; and

WHEREAS, Santa Rita Neighborhood Park is one of 3 parks within District 5 and lacks a swing set, and as part of the FY 24 -25 budget the City Council approved adding a swing set to Santa Rita Park; and

WHEREAS, the current play structure at Santa Rita Neighborhood Park is part the Miracle Play Systems City structures and the cost of installing the swing set and installation is of $6,433.38; 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). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the City Manager to enter into an agreement with Miracle Play Systems Inc. for the purchase and installation of exercise equipment at Cesar Chavez Community Park and swing set at Santa Rita Neighborhood Park in an amount not to exceed $64,120.

PASSED AND APPROVED this 24th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

Page | 2

ABSTAIN:

APPROVED:

_______________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
Agreement for Services v. July 2024 Page 1 of 12
Miracle Playsystems Inc
September 2024

AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND MIRACLE PLAYSYSTEMS INC.

Purchase and Installation of Exercise Equipment and Swing Set

THIS AGREEMENT is executed this 24th day of September 2024, (“Agreement” or “Contract”) between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and Miracle Playsystems Inc., a California corporation (hereinafter “Contractor”).

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, the following services: Material and installation of exercise equipment and swing set. Scope of work is further discussed in Attachment B.

3. Term. The work under this Agreement shall commence September 24, 2024 and shall be completed by June 30, 2025 unless City grants a written extension of time as set forth in Section 2 above.

4. Payment. City agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, sixty-four thousand one hundred twenty ($64,120.00), as more fully described in title of Contractors fee schedule, Attachment B.

Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

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

7. Indemnification. Contractor shall hold harmless, defend at its own expense, and Agreement for Services v. July 2024 Page 2 of 12
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8. Licensing. Contractor warrants that it is properly licensed to perform the work specified under this Agreement, including but not limited to possession of a current City business license.

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

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

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

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

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CITY OF SALINAS

__________________________________
René Mendez, City Manager

APPROVED AS TO FORM:

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

CONTRACTOR

___________________________________

By (Printed Name):___________________

Its (Title):___________________________

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Attachment A

Insurance Requirements

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

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

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

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

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

Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Agreement for Services v. July 2024 Page 6 of 12
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Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor may carry, at its own expense, such additional insurance as it deems necessary.

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Attachment B

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Attachment C

DEPARTMENT OF INDUSTRIAL RELATIONS’ STATE LABOR CODE
Labor Law Requirements
(CCR Title 8, Section 16421)

This public works project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). All work shall be in accordance with wage scales and applicable determinations made by the Director of the DIR, as provided by Article 2, Chapter 1, Division 2, Part 7 of the Labor Code of the State of California, commencing with §1771.

Penalties for violations m ay be applied by the DIR pursuant to the Labor Code §1813 and §1815. The C ontractor shall indemnify, hold harmless , and defend the City (with counsel reasonably approved by the City) against any claim for damages, compensation, fines, penalties , or other amounts arising out of the failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages as determined pursuant to Labor Code §1720, and hereby agrees to, §§1771-1774; to employ apprentices pursuant to Labor Code §1777.5 et seq., and/or to comply with the other applicable provisions of Labor Code §1720 et seq., §§1771- 1774, §1777.5 et seq., and the implementing regulations of the DIR in connection with t he scope of work. This indemnification section shall survive the expiration of the Term.

The Federal and State Labor Law requirements applicable to the Agreement are composed of, but not limited, to the following items:

1. Payment of Prevailing Wage Rates: All contractors, including subcontractors, shall pay no less than the prevailing rate of wages (Labor Code §1775), including the rates for holidays and overtime work (Labor Code §§1813 and 1815), to all workers employed in the execution of the contract (Labor Code §1774), pursuant to Labor Code §§1720-1784.

The prevailing rates are those issued as wage determinations by the D IR, for each craft, classification and type of work. The current wage rate information can be found at the DIR’s website at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm.

2. Apprentices: Contractor and subcontractors shall employ registered apprentices on this public works Agreement pursuant to Labor Code § 1777.5. All contractors on this project (prime and subcontractors) are required to submit the Division of Apprenticeship Standards’ (“DAS”) Public Works Contract Award Information (DAS 140) form to all applicable apprenticeship committees no later than 10 days before commencing work.

Additionally, all contractors are required to request registered apprentices (DAS 142 form).

Penalties for failure to pay prevailing wages (for non -exempt projects) and failure to employ apprentices include forfeitures and deba rment under Labor Code § §1775 and 1777.7.

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3. Certified Payroll Records: All contractors, including subcontractors, must maintain and file certified payroll records (“CPRs”) pursuant to Labor Code §1776. Additionally, all contractors and subcontractors must fu rnish certified payroll records into the DIR’s Electronic Certified Payroll Reporting (“eCPRs”) database (https://efiling.dir.ca.gov/eCPR/pages/eCPROnlineForm.jsp). Penalties apply t o Contractor and any Subcontractors for failure to do so under Labor Code §1777.

4. Subcontracting: Contractors are required to list all subcontractors hired to perform work on this public works agreement.

5. Proper Licensing/Registration : All contractors and subcontractors are required to be properly licensed, in accordance with the Provisions of Chapter 9 of Division 3 of the Business and Professions Code and subject to the requirements of §4104 of the Public Contract Code. In addition, all contractors inclu ding subcontractors must submit proof of current registration to perform public work, pursuant to Labor Code §1771.1. Contractors are r equired to be properly licensed and to require all subcontractors to be properly licensed. Penalties for employing workers while unlicensed under Labor Code §1021 and under the California Contractors License Law, found at Business and Professions Code §7000 et. seq.

6. Job Site Notices: Contractors are required to post all required notices (posters) on the job site in an area accessible to all workers, including subcontractors. Posters must be readable and placed in visible areas allowing workers to access the posters before, during, and after work shifts. Jobsites with multiple locations must include a portable poster board to ensure continued access to the information. Posters placed in foreman, supervisor, or employee vehicles, in an offsite job trailer, or inside a temporary restroom do not meet the posting requirement. Posters may be printed from the DIR’s website at:
http://www.dir.ca.gov/wpnodb.html.

7. Nondiscrimination in Employment – Equal Employment Opportunity (“EEO”) :

Employment discrimination is prohibited, pursuant to Labor Code §1777.6, the Government Code, and Title VII of the Civil Rights Act of 1964.

8. Kickbacks Prohibited: Contractors and subcontractors are prohibited from recapturing wages illegally by accepting or extracting “kickbacks” from employee wages pursuant to Labor Code §1778.

9. Acceptance of Fees Prohi bited: Contractors and subcontractors are prohibited from accepting fees for registering any person for public work or for filling work orders on public works contracts, pursuant to Labor Code §§1779 and 1780.

10. Unfair Competition Prohibited : Contractors a nd subcontractors are prohibited from engaging in unfair competition as specified under Business and Professions Code §§17200 - 17208.

12. OSHA: Contractors and subcontractors must abide by the Occupational, Safety, and Health Laws and regulations that apply.

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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-551, Version: 1
Proposed Land Acquisition for Boronda Road Improvement Project Approve a Resolution authorizing the Mayor to enter into an Agreement for Dedication of Boronda Road Right -of-Way.

City of Salinas Printed on 9/19/2024Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 24, 2024
DEPARTMENT: PUBLIC WORKS DEPARTMENT
CITY ATTORNEY’S OFFICE

FROM: ADRIANA ROBLES, CITY ENGINEER
CHRISTOPHER A. CALLIHAN, CITY ATTORNEY

TITLE: PROPOSED LAND ACQUISITION FOR BORONDA ROAD

IMPROVEMENT PROJECT

RECOMMENDED MOTION:

A motion to authorize the Mayor to enter into an Agreement for Dedication of Boronda Road Right-of-Way.

EXECUTIVE SUMMARY:

Construction of Phase 1 of the Boronda Road Congestion Relief Project between McKinnon Street and El Dorado Drive is scheduled to begin in the fall of 2024. In order for Phase 1 to proceed as scheduled, the City must acquire a portion of privately -owned la nd on the north side of East Boronda Road. The owners of the land have offered to donate that portion required by the City to complete Phase 1. The proposed Agreement for Dedication of Boronda Road Right -of-Way memorializes the donation and the respective responsibilities for maintenance following the donation.

BACKGROUND:

East Boronda Road between San Juan Grade Road and Williams Road has been identified in the City’s General Plan as a six -lane major arterial roadway. As a part of the City’s approval of the West Area Specific Plan (WASP) and Central Area Specific Plan (CASP), the City contemplated the widening of East Boronda Road from two lanes to four lanes and in May 2017 the City approved the installation of roundabouts at the intersections of McKinnon Street, El Dorado Drive, Natividad Road, Independence Boulevard, and Hemingway Drive along the East Boronda Road corridor.

Consistent with this prior direction, the City has prepared Plans and Specifications for the phased improvement of East Boronda Road—the Boronda Road Congestion Relief Project. The first phase of these improvements will be between Darmouth Way to a point between McKinnon Street and El Dorado Drive with construction of this first phase scheduled to begin in the fall of 2024. In order for Phase 1 to proceed, however, the City must acquire approximately 6.65 acres of privately Page | 2
owned land on the north side of East Boronda Road. The owners of the land necessary for Phase 1 to proceed have offered to donate the land to the City and an agre ement has been proposed to memorialize the donation and to provide for maintenance and responsibility of the land once donated. A copy of the proposed agreement is attached to this Report.

On September 4, 2024, the Planning Commission received a report an d approved a Resolution establishing findings on the conformity of the proposed acquisition of the land with the City’s General Plan, as required by Government Code section 65402(a). The Planning Commission Resolution and draft minutes are attached to this Report.

CEQA CONSIDERATION:

The environmental impacts of the Boronda Road Congestion Relief project were analyzed in Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) in accordance with the California Environmental Quality Act (CEQA), which was adopted by the City Council on November 3, 2020. The environmental impacts of the WASP were analyzed in an environmental impact report in accordance with CEQA and a Final Environmental Impact Report was certified by the Salinas City Council on December 17, 2019.

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

Yes.

STRATEGIC PLAN INITIATIVE:

This action supports the City Council’s goal of Infrastructure and Environmental Sustainability.

DEPARTMENTAL COORDINATION:

The City Attorney’s Office, Community Development Department, and Public Works Department coordinated on this Report and proposed agreement.

FISCAL AND SUSTAINABILITY IMPACT:

Fund

Appropriation

Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)*

N/A N/A N/A TBD TBD N/A N/A

The donation of land does not have an impact on the General Fund. Appraisal of the property will be completed at a later date at which time, it will be added to the City’s assets.

ATTACHMENTS:

Resolution
Proposed Agreement
Planning Commission Resolution and Draft Minutes, September 4, 2024 Page | 3
RESOLUTION NO. ________ (N.C.S.)

A RESOLUTION AUTHORIZING THE MAYOR OF SALINAS TO ENTER INTO THE

AGREEMENT FOR DEDICATION OF BORONDA ROAD RIGHT-OF-WAY

WHEREAS, on December 17, 2019, the Salinas City Council held a duly noticed and agendized public hearing to consider the Final Environmental Impact Report (FEIR), the proposed West Area Specific Plan, and related entitlements; and

WHEREAS, by Resolutions approved and Ordinances adopted on December 17, 2019, herein incorporated by this reference, the Salinas City Council certified the Final EIR, adopted the CEQA Findings, adopted the Statement of Overriding Considerations, and adopted the Mitigation Monitoring and Reporting Program for the project and adopted the WASP, among other actions; and

WHEREAS, on November 3, 2020, the Salinas City Council approved the Boronda Road Congestion Relief Project and allocated funding sufficient to complete Phase 1 thereof; and

WHEREAS, the environmental impacts of the Boronda Road Congestion Relief project were analyzed in a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) in accordance with the California Environmental Quality Act (CEQA), which was adopted by the Salinas City Council on November 3, 2020; and

WHEREAS, in order to complete Phase 1 of the Boronda Road Congestion Relief Project, the City must acquire approximately 6.65 acres of privately -owned property located on the north side of East Boronda Road; and

WHEREAS, the owners of the land north of East Boronda Road and necessary for the completion of Phase 1 have offered to donate the required property to the City; and

WHEREAS, on September 4, 2024, consistent with Government Code section 65402(a), the Salinas Planning Commission reviewed and considered the information provided in the report related to the proposed acquisition by donation and intended use on relation to the WASP and the 2002 General Plan and found that the proposed acquisition is in conformity to the General Plan.

NOW, THEREFORE BE IT RESOLVED by the City Council of Salinas that the Mayor is authorized, for and on behalf of the City of Salinas and as its act and deed, to enter into the Agreement for Dedication of Boronda Road Right-of-Way; and

BE IT FURTHER RESOLVED that the City Manager, and his designees, and the City Attorney are hereby authorized to take additional actions to implement the intent of this Resolution.

PASSED AND APPROVED this 24th day of September 2024, by the following vote:

AYES:

Page | 4
NOES:

ABSENT:

ABSTAIN

APPROVED:

____________________________________
Kimbley Crag, Mayor

ATTEST:

__________________________________
Patricia M. Barajas, City Clerk

City of Salinas Page 1 of 8
Agreement to Dedicate
Boronda Road Right-of-Way
September 24, 2024
Recording Requested By
And When Recorded Return to:

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

No fee document pursuant to Govt. Code §27383
_____________________________________________________________________________ Space above this line for Recorder’s use

AGREEMENT FOR DEDICATION OF BORONDA ROAD RIGHT-OF-WAY

This Agreement for Dedication of Boronda Road Right-of-Way (the “Agreement”) is made and entered into this ____ day of September 2024, by and between the City of Salinas (the “City”) , a California charter city and municipal corporation hereinafter referred to as “the City,” and REXFORD TITLE, INC., a California corporation, as to an undivided fifty seven percent (57%) interest, ISLANDIA 29 LP, a Delaware limited partnership, as to an undivided twenty -five percent (25%) interest, MARK KELTON, TRUSTEE OF THE 2010 RK JESSICA TRUST, as to an undivided nine percent (9%) interest, MARK KELTON, TRUSTEE OF THE 2010 RK DANIELLE TRUST, as to an undivided nine percen t (9%) interest , all hereinafter collectively referred to as “the Owner.” Together the City and the Owner shall be herein collectively referred to as “the Parties” and may individually be referred to herein as a “Party.”

RECITALS

WHEREAS, Boronda Road between San Juan Grade Road and Williams Road has been identified in the City’s General Plan as a six-lane Major Arterial; and

WHEREAS, in May 2017, City Council approved the roundabout concept at the intersections of McKin non Street, El Dorado Drive, Natividad Road, Independence Boulevard, and Hemingway; and

WHEREAS, as part of the Boronda Congestion Relief Project the City has prepared Plans and Specifications for the phased improvement of Boronda Road. The first phase of these improvements, (“the Phase One Improvements” or sometimes referred to as the “POIs”) is centered roughly on McKinnon Street, including roundabout design, has been bid, contracted, and will be constructed by the City; and

City of Salinas Page 2 of 8
Agreement to Dedicate
Boronda Road Right-of-Way
September 24, 2024

WHEREAS, for the City to complete the POIs it is necessary to obtain certain real property from the Owner of land (APN 211-231-062) located on the north side of Boronda Road. Such ownership and the dedication of land necessary for the City to complete the POIs (the “Property”) is more particularly described in Exhibit A; and

WHEREAS, by and through this Agreement, the Owner will offer to dedicate, for no consideration, the Property necessary to complete the POIs (the “Donation”); and

WHEREAS, the Property is currently being farmed by a tenant under a terminable lease with the Owner; and

WHEREAS, an active AT&T communication line is located within the Property running westerly from roughly the intersection of McKinnon Street and Boronda Road to the Gateway Shopping Center; and

WHEREAS, Recitals to this Agreement are incorporated into and shall constitute part of this Agreement.

NOW, THEREFORE, in mutual consideration of the covenants and conditions contained herein, the Parties agree as follows:

TERMS

1. Right-of-Way for Boronda Road Improvements . The Owner shall, upon the mutual execution of this Agreement and the approval of the Salinas City Council together with all other requisite City approvals, irrevocably dedicate to the City , the Property as described and shown in Exhibit A to facilitate the POIs. Upon said mutual execution and all requisite final City approvals , the Owner agrees to promptly execute, and deliver to the City , those documents within Exhibit B or such other documents as may be reasonably necessary to perfect the dedication of the Property. City agrees to use its best commercially reasonable efforts to timely process and accept the dedication offered by the Owner.

2. As-Is Where-Is. The City accepts the Property in As-Is Where-Is condition with all faults and agrees that Owner shall not be liable in any way whatsoever for any issue or defect of any kind relating to the condition of the Property.

City of Salinas Page 3 of 8
Agreement to Dedicate
Boronda Road Right-of-Way
September 24, 2024

3. Notice to Farm Tenant. The Owner is required to timely notify the farming tenant of reductions to farmable acreage. The City shall provide notice to end farming activity , within the area described in Exhibit A, to the Owner at least forty-five (45) calendar days (or as near to such date as is reasonably feasible) prior to its desired start of construction.

4. Fair Market Value. The Owner shall contract and pay for an appraisal to be performed by an MAI appraiser to determine the fair market value of the Property as of the date of the Donation (or as near to such date as is readily feasible) for the purpose of establishing the value of the donation by Owners.

5. Donation. The City will cooperate with Owner in taking the action necessary for Owner to pursue donation treatment for the conveyance of the Property including, without limitation the filing of an IRS Form 8283 (and any equivalent California Franchise Tax Board form) reflecting the Fair Market Price for the property as determined by the “date of dedication” appraisal described in Section 4 herein above. The City agrees to not undertake any action that would oppose or contradict Owner’s donation treatment.

6. Property Inspection. At all reasonable times, from the date of this Agreement until the acceptance of the Donation, the City and its agents, employees, representatives and independent contractors shall be entitled, at City's sole cost and expense, to enter onto the Property to perform any inspections, investigations, studies and tests of the Property, including physical, en gineering, soils, ground water, geotechnical and environmental tests that the City deems reasonable and cause one or more environmental assessments to be performed. Such operations shall be conducted in such a manner as to not permanently damage the Proper ty. City shall provide the Owner notice forty-eight (48) hours prior to entry to properly notice and inform the farm lease tenant.

7. Construction of Boronda Road Improvements. The City represents and warrants that it has the authority to commence and to complete the Boronda Road Improvements and further represents that it has secured adequate funding to commence and to complete Phase 1 of the Boronda Road Improvements.

8. Maintenance of Farm Drainage Ditch : Upon the City’s acceptance of the dedication, the City agrees to maintain the farm drainage ditch which is located within the Property. The City will monthly hoe or otherwise remove any vegetation in the ditch and remove any trimmings and debris. If the City fails to maintain the ditch as described herein, the Owner are granted the right to enter and maintain the farm drainage ditch at the Owner’s sole discretion and expense.

City of Salinas Page 4 of 8
Agreement to Dedicate
Boronda Road Right-of-Way
September 24, 2024

9. AT&T Vaults . T he City will work with AT&T to adapt the existing AT&T communication line and its vaults to the new Boronda roadway surface or relocate as needed. The City will coordinate with AT&T to ensure continuous operable condition of the AT&T communication line during construction activities as these lines service tenants of the Gateway Shopping Center (and may provide service to other existing customers as well). Notwithstanding anything to the contrary, the Owner agrees to provide up to Sixty Thousand Dollars ($60,000.00) to reimburse the actual third-party costs incurred by the City for the work described in this section. Any excess cost shall be borne by the City as part of the cost of the POIs.

10. Assignment. This Agreement may be assigned by the Owner without the consent of the City, but upon such assignment the Owner shall notify the City of such assignment and the name and contact information of the assignee(s).

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

12. Integration and Agreement. This Agreement represents the entire understanding of the City and the Owner with respect 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 all the Parties.

13. Jurisdiction. This Agreement shall be administered and interpreted under the laws of the State of California. 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.

14. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference.

15. Notices.

Written notices to the City shall, until further notice by the City, be addressed to:

Public Works Director
City of Salinas

City of Salinas Page 5 of 8
Agreement to Dedicate
Boronda Road Right-of-Way
September 24, 2024
200 Lincoln Avenue
Salinas, California 93901

With a copy to:

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

Written notices to the Owner shall, until further notice, be addressed to:

Rexford Title, Inc.
c/o Mark Kelton, VP
2716 Ocean Park Blvd. #3006
Santa Monica, California 90405

16. 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.

17. 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.

IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above.

CITY OF SALINAS

_________________________________
Kimbley Craig, Mayor

ATTEST:

_________________________________
Patricia M. Barajas, City Clerk

City of Salinas Page 6 of 8
Agreement to Dedicate
Boronda Road Right-of-Way
September 24, 2024
APPROVED AS TO FORM:

_________________________________
Christopher A. Callihan, City Attorney

OWNER

By:_______________________________
Rexford Title, Inc.

By: Mark Kelton, Vice President

By:_______________________________
Islandia 29, LP
By: Chugash 2, LLC, General Partner
By: Mark Leekley, Manager

By:_______________________________
The 2010 RK Danielle Trust
By: Mark Kelton, Trustee

By:_______________________________
The 2010 RK Jessica Trust
By: Mark Kelton, Trustee

City of Salinas Page 7 of 8
Agreement to Dedicate
Boronda Road Right-of-Way
September 24, 2024
Exhibit A—Legal Description

City of Salinas Page 8 of 8
Agreement to Dedicate
Boronda Road Right-of-Way
September 24, 2024
Exhibit B—Grant Deed

Page 1 of 3 ends

Exhibit A

LEGAL DESCRIPTION
File no: 0886-0009 February 01, 2023

Parcel A:

That portion of the Designated Remainder in the City of Salinas, County of Monterey, State of California as shown on the Parcel Map filed in Volume 23 of Parcel Maps at

Page 56 ends

westerly line of Parcels 1 and 2 as described in the Grant Deed recorded April 20, 1998 as Instrument Number 9823453 of Official Records in said Office of the County Recorder, and lying northerly of the northerly line of East Boronda Road as shown on said Parcel Map, being the northerly line of that certain 10 foot wide strip of land described in Exhibit B of the Grant Deed recorded in Reel 2815, at page 1232, of said Official Records; and lying southerly, easterly and southerly of the following described line:

BEGINNING at a ¾” iron pipe with yellow plastic plug inscribed “LS 6246”, marking the most southerly corner of a Storm Drainage Pond Easement as shown on said Parcel Map, thence along the easterly line of said Storm Drainage Pond Easement North 16° 59' 59" East, 7.03 feet to a line that is parallel with and offset 69.30 feet northeasterly of, as measured at right angles to, said northerly line of East Boronda Road;

Thence along said parallel line South 77° 48' 23" East, 771.41 feet [South 79° 29’ 27” East per said Parcel Map];

Thence leaving said parallel line South 85° 13' 21" East, 32.90 feet;

Thence South 77° 43' 47" East, 96.86 feet;

Thence South 85° 08' 41" East, 82.39 feet;

Thence North 68° 16' 32" East, 39.73 feet;

Thence North 32° 09' 57" East, 92.92 feet to a line that is parallel with and offset 47.00 feet westerly of, as measured at right angles to, the westerly line of said Parcel 2;

Thence along said parallel line North 12° 10' 56" East, 146.55 feet;

Thence leaving said parallel line North 14° 05' 14" East, 180.51 feet to a line that is parallel with and offset 41.00 feet westerly of, as measured at right angles to the westerly line of said Parcel 1;

Thence along said parallel line North 12° 10' 56" East, 578.59 feet to the westerly prolongation of the northerly line of said Parcel 1;

Page 2 of 3 ends

Thence leaving said parallel line and along said westerly prolongation South 77° 49' 04" East, 41.00 feet to the northwesterly corner of said Parcel 1.

Containing 2.87 acres, more or less.

Parcel B:

That portion of the Designated Remainder in the City of Salinas, County of Monterey, State of California as shown on the Parcel Map filed in Volume 23 of Parcel Maps at

Page 56 ends

easterly line of Parcel 2 as described in the Grant Deed recorded April 20, 1998 as Instrument Number 9823453 of Official Records in said Office of the County Recorder, and lying northerly of the northerly line of East Boronda Road as shown on said Parcel Map, being the northerly line of that certain 10 foot wide strip of land described in Exhibit B of the Grant Deed recorded in Reel 2815, at page 1232, of said Official Records; and lying westerly of the easterly line of said Designated Remainder, and southwesterly and southerly of the following described line:

COMMENCING at the northeast corner of said Parcel 2 as described in the Grant Deed recorded April 20, 1998 as Instrument Number 9823453 of Official Records in said Office of the County Recorder, said corner also being on the south line of Parcel 1 described in said Grant Deed, thence along the easterly line of said Parcel 2 South 12° 10' 56" West, 16.82 feet to the TRUE POINT OF BEGINNING, thence leaving said easterly line South 01° 07' 04" East, 151.13 feet;

Thence South 15° 15' 02" East, 49.11 feet;

Thence South 38° 12' 45" East, 35.50 feet;

Thence South 61° 08' 34" East, 141.64 feet to a line that is parallel with and offset 69.30 feet northerly of, as measured at right angles to the northerly line of said East Boronda Road;

Thence, along said parallel line South 77° 48' 23" East, [South 79° 29’ 27” East per said Parcel Map], 1776.02 feet to the easterly line of said Designated Remainder.

Containing 3.45 acres, more or less.

Page 3 of 3 ends

Parcel C:

That portion of the Designated Remainder in the City of Salinas, County of Monterey, State of California as shown on the Parcel Map filed in Volume 23 of Parcel Maps at

Page 56 ends

the Grant Deed recorded April 20, 1998 as Instrument Number 9823453 of Official Records in said Office of the County Recorder.

Containing 0.33 acres, more or less.

Parcels A, B and C contain 6.65 acres, more or less.

The above-described parcel of land is graphically shown on Exhibit “A-1”, being 5 sheets, attached hereto and made a part hereof.

End of Description

______________________________
Clayton L. Bradshaw, P.L.S. 8298
(License expiration date: 12/31/2023)
Date Signed: February 1, 2023

PARCEL 1

SANTA RITA UNION

SCHOOL DISTRICT

DOCUMENT NUMBER
9823453
DOCUMENT NUMBER 2020078819
DESIGNATED REMAINDER PER R1

PARCEL C
PARCEL 2- 42' PUBLIC ROAD AND PUBLIC UTILITIES
EASEMENT PER DOCUMENT NUMBER 9823453

STORM DRAINAGE

POND EASEMENT
PER R1
PARCEL 1
PER R1

EAST BORONDA ROAD

MCKINNON STREET
TRACT NO. 1252HARDEN RANCH NORTH
UNIT 5 - PHASE 1
VOL. 19 C&T PG. 14 TRACT NO. 1279HARDEN RANCH NORTH
UNIT 5 - PHASE 2
VOL. 19 C&T PG. 43
HARDEN RANCH NORTH UNIT 1
TRACT 1168VOL. 17 C&T PG. 51
LAYOUT NAME: OVERALL
T 805 544-4011
SAN LUIS OBISPO, CA 93401
612 CLARION COURT
www.wallacegroup.us
F 805 544-4294
DRAWING :

DRAWN BY:

JOB No. :

DATE :

SCALE :

EXHIBIT "____" OVERALL

EAST BORONDA ROAD

CITY OF SALINAS, CA
SHEET 1 OF 5 OF EXHIBIT "____"
0886-0009
0886-0009-ESMT-ROW.DWG
MC
1" = 500'
2023-02-01

LEGAL DESCRIPTION AREA
N
00 500 1000
(IN FEET)
250

GRAPHIC SCALE
1 IN = 500 FT RECORD PER 23/PM/56R1

PARCEL A

PARCEL B
10' WIDE STRIP OF EXHIBIT B
OF REEL 2815, PAGE 1232
A-1
A-1

47.00'69.30'

DOCUMENT NUMBER
2020078819

PORTION OF DESIGNATED
REMAINDER PER R1
S 77° 48' 23" E
771.41'S 85° 13' 21" E

32.90'
N 12° 10' 56" E
578.59'
N 14° 05' 14" E
180.51'
N 12° 10' 56" E
146.55'
S 77° 43' 47" E

96.86'
S 85° 08' 41" E

82.39'
N 68° 16' 32" E

39.73'
N 32° 09' 57" E

92.92'
S 77° 49' 04" E

41.00'

EAST BORONDA ROAD
PARCEL 1

SANTA RITA UNION SCHOOL DISTRICT
DOCUMENT NUMBER 9823453
PARCEL 1
PER R1

MCKINNONSTREET

41.00'

DOCUMENT
NUMBER
2020078819

PORTION OF

DESIGNATED

REMAINDER
PER R1
HARDEN RANCH NORTH UNIT 1 TRACT 1168
VOL. 17 C&T PG. 51

PARCEL A

STORM DRAINAGE
POND EASEMENT PER R1
S 77° 48' 23" E
771.41'
S 77° 48' 23" E
771.41'
PARCEL 2

DOCUMENT
NUMBER 9823453

POINT OF BEGINNING
FOUND 3
4" IRON PIPE

WITH PLASTIC PLUG
INSCRIBED "LS 6246"
PER R1
N 16° 59' 59" E

7.03'
S 77° 48' 23" E
771.41'

EAST BORONDA ROAD
STORM DRAINAGEPOND EASEMENT PER R1

69.30'
LAYOUT NAME: ROW ESMT-PARCEL A
T 805 544-4011
SAN LUIS OBISPO, CA 93401
612 CLARION COURT
www.wallacegroup.us
F 805 544-4294
DRAWING :

DRAWN BY:

JOB No. :

DATE :

SCALE :

EXHIBIT "____" PARCEL A

EAST BORONDA ROAD

CITY OF SALINAS, CA
SHEET 2 OF 5 OF EXHIBIT "____"
0323-0032
0886-0009-ESMT-ROW.DWG
MC
1" = 200'
2023-02-01

LEGAL DESCRIPTION AREA
N
00 200 400
(IN FEET)
100

GRAPHIC SCALE
1 IN = 200 FT RECORD PER 23/PM/56R1
N

DETAIL 'A'
1" = 50'
S 79° 29' 27" E (R1)
S 79° 29' 27" E (R1)
10' WIDE STRIP OF EXHIBIT B
OF REEL 2815, PAGE 1232
A-1
A-1
PARCEL 1

SANTA RITA

UNION SCHOOL

DISTRICT

DOCUMENT
NUMBER 9823453
DOCUMENT NUMBER 2020078819
DESIGNATED REMAINDER PER R1
S 77° 48' 23" E
1776.02'

EAST BORONDA ROAD

MCKINNON STREET

69.30'
TRACT NO. 1252HARDEN RANCH NORTH
UNIT 5 - PHASE 1
VOL. 19 C&T PG. 14 TRACT NO. 1279HARDEN RANCH NORTH
UNIT 5 - PHASE 2
VOL. 19 C&T PG. 43

HARDEN RANCH
NORTH UNIT 1 TRACT
1168VOL. 17 C&T PG. 51
TRACT NO. 1312

GABILAN VIEWS
VOL. 20 C&T PG. 12
HARDEN FOUNDATIONREEL 1913, PAGE 155
LAYOUT NAME: ROW ESMT-PARCEL B
T 805 544-4011
SAN LUIS OBISPO, CA 93401
612 CLARION COURT
www.wallacegroup.us
F 805 544-4294
DRAWING :

DRAWN BY:

JOB No. :

DATE :

SCALE :

EXHIBIT "____" PARCEL B

EAST BORONDA ROAD

CITY OF SALINAS, CA
SHEET 3 OF 5 OF EXHIBIT "____"
0323-0032
0886-0009-ESMT-ROW.DWG
MC
1" = 500'
2023-02-01

LEGAL DESCRIPTION AREA
N
00 500 1000
(IN FEET)
250

GRAPHIC SCALE
1 IN = 500 FT RECORD PER 23/PM/56R1

FOR DETAIL
SEE SHEET 4

PARCEL B
S 79° 29' 27" E (R1)
10' WIDE STRIP OF EXHIBIT B
OF REEL 2815, PAGE 1232
A-1
A-1

TRUE POINT

OF BEGINNING
PARCEL 1SANTA RITA UNION SCHOOL DISTRICT
DOCUMENT NUMBER 9823453
DOCUMENT NUMBER 2008078968DESIGNATED REMAINDER PER R1

EAST BORONDA ROAD

MCKINNON STREET

PARCEL B

POINT OF

COMMENCEMENT
PARCEL 2
42' PUBLIC ROAD AND PUBLIC

UTILITIES EASEMENT PER
DOCUMENT NUMBER 9823453
S 12° 10' 56" W

16.82'
S 01° 07' 04" E
151.13'
S 15° 15' 02" E

49.11'
S 38° 12' 45" E

35.50'
S 61° 08' 34" E
141.64'
S 77° 48' 23" E
1776.02'

69.30'
DOCUMENT NUMBER 2020078819
DESIGNATED REMAINDER PER R1
DOCUMENT NUMBER 2020078819
DESIGNATED REMAINDER PER R1
LAYOUT NAME: ROW ESMT-PARCEL B DETAIL
T 805 544-4011
SAN LUIS OBISPO, CA 93401
612 CLARION COURT
www.wallacegroup.us
F 805 544-4294
DRAWING :

DRAWN BY:

JOB No. :

DATE :

SCALE :

EXHIBIT "____" PARCEL B - DETAIL

EAST BORONDA ROAD

CITY OF SALINAS, CA
SHEET 4 OF 5 OF EXHIBIT "____"
0323-0032
0886-0009-ESMT-ROW.DWG
MC
1" = 100'
2023-02-01

LEGAL DESCRIPTION AREA
N
00 100 200
(IN FEET)
50 GRAPHIC SCALE
1 IN = 100 FT RECORD PER 23/PM/56R1
S 79° 29' 27" E (R1)
10' WIDE STRIP OF EXHIBIT B
OF REEL 2815, PAGE 1232

EAST BORONDA ROAD
A-1
A-1

42.00'
LAYOUT NAME: ROW ESMT-PARCEL C
T 805 544-4011
SAN LUIS OBISPO, CA 93401
612 CLARION COURT
www.wallacegroup.us
F 805 544-4294
DRAWING :

DRAWN BY:

JOB No. :

DATE :

SCALE :

EXHIBIT "____" PARCEL C

EAST BORONDA ROAD

CITY OF SALINAS, CA
SHEET 5 OF 5 OF EXHIBIT "____"
0323-0032
0886-0009-ESMT-ROW.DWG
MC
1" = 100'
2023-02-01

LEGAL DESCRIPTION AREA
N
00 100 200
(IN FEET)
50 GRAPHIC SCALE
1 IN = 100 FT RECORD PER 23/PM/56R1
PARCEL 1SANTA RITA UNION SCHOOL DISTRICT
DOCUMENT NUMBER 9823453
PARCEL 2
42' PUBLIC ROAD AND

PUBLIC UTILITIES EASEMENT
DOCUMENT NUMBER 9823453
DOCUMENT NUMBER 2020078819DESIGNATED REMAINDER PER R1

EAST BORONDA ROAD

MCKINNON STREET
DOCUMENT NUMBER 2020078819
DESIGNATED REMAINDER PER R1PARCEL C
10' WIDE STRIP OF EXHIBIT B
OF REEL 2815, PAGE 1232
A-1
A-1
INITIAL DRAFT 2/22/2023
RECORDING REQUESTED BY |
AND WHEN RECORDED RETURN TO: |
|
City of Salinas | Attn: Public Works Department |
200 Lincoln Avenue | Salinas, California 93901 |
|
APN: Portion of 211-231-062-000 |
EXEMPT FROM RECORDER’S FEES |
Pursuant to Government Code §6103 |
(Above Space for Recorder’s Use Only)

This Instrument is exempt from payment of Documentary Transfer Tax pursuant to Section 27383.2 of the Revenue and Taxation Code, as amended. Transfer Tax $0.00

GRANT DEED

Mark Kelton and Carolyn Kelton, Husband and wife as community property and Mark Kelton, Trustee of the 2010 RK Danielle Trust, an undivided 9 percent interest, (hereinafter referred to as “GRANTOR”) hereby grants to CITY OF SALINAS, a charter c ity and municipal corporation, in the County of Monterey, State of California, (hereinafter referred to as “GRANTEE ”), the following described real property in the County of Monterey, State of California:

See legal description, Exhibit A, attached hereto and made a part hereof, by this reference.

Together with the underlying fee interest, if any, appurtenant to the above-described real property in and to the adjoining public way.

GRANTOR/S

________________________
Name: Date

Page 1 of 3 ends

Exhibit A

LEGAL DESCRIPTION
File no: 0886-0009 February 01, 2023

Parcel A:

That portion of the Designated Remainder in the City of Salinas, County of Monterey, State of California as shown on the Parcel Map filed in Volume 23 of Parcel Maps at

Page 56 ends

Thence along said parallel line South 77° 48' 23" East, 771.41 feet [South 79° 29’ 27” East per said Parcel Map];

Thence leaving said parallel line South 85° 13' 21" East, 32.90 feet;

Thence South 77° 43' 47" East, 96.86 feet;

Thence South 85° 08' 41" East, 82.39 feet;

Thence North 68° 16' 32" East, 39.73 feet;

Thence North 32° 09' 57" East, 92.92 feet to a line that is parallel with and offset 47.00 feet westerly of, as measured at right angles to, the westerly line of said Parcel 2;

Thence along said parallel line North 12° 10' 56" East, 146.55 feet;

Thence along said parallel line North 12° 10' 56" East, 578.59 feet to the westerly prolongation of the northerly line of said Parcel 1;

Page 2 of 3 ends

Thence leaving said parallel line and along said westerly prolongation South 77° 49' 04" East, 41.00 feet to the northwesterly corner of said Parcel 1.

Containing 2.87 acres, more or less.

Parcel B:

That portion of the Designated Remainder in the City of Salinas, County of Monterey, State of California as shown on the Parcel Map filed in Volume 23 of Parcel Maps at

Page 56 ends

Thence South 15° 15' 02" East, 49.11 feet;

Thence South 38° 12' 45" East, 35.50 feet;

Thence South 61° 08' 34" East, 141.64 feet to a line that is parallel with and offset 69.30 feet northerly of, as measured at right angles to the northerly line of said East Boronda Road;

Thence, along said parallel line South 77° 48' 23" East, [South 79° 29’ 27” East per said Parcel Map], 1776.02 feet to the easterly line of said Designated Remainder.

Containing 3.45 acres, more or less.

Page 3 of 3 ends

Parcel C:

That portion of the Designated Remainder in the City of Salinas, County of Monterey, State of California as shown on the Parcel Map filed in Volume 23 of Parcel Maps at

Page 56 ends

the Grant Deed recorded April 20, 1998 as Instrument Number 9823453 of Official Records in said Office of the County Recorder.

Containing 0.33 acres, more or less.

Parcels A, B and C contain 6.65 acres, more or less.

The above-described parcel of land is graphically shown on Exhibit “A-1”, being 5 sheets, attached hereto and made a part hereof.

End of Description

______________________________
Clayton L. Bradshaw, P.L.S. 8298
(License expiration date: 12/31/2023)
Date Signed: February 1, 2023

PARCEL 1

SANTA RITA UNION

SCHOOL DISTRICT

DOCUMENT NUMBER
9823453
DOCUMENT NUMBER 2020078819
DESIGNATED REMAINDER PER R1

PARCEL C
PARCEL 2- 42' PUBLIC ROAD AND PUBLIC UTILITIES
EASEMENT PER DOCUMENT NUMBER 9823453

STORM DRAINAGE

POND EASEMENT
PER R1
PARCEL 1
PER R1

EAST BORONDA ROAD

DRAWN BY:

JOB No. :

DATE :

SCALE :

EXHIBIT "____" OVERALL

EAST BORONDA ROAD

CITY OF SALINAS, CA
SHEET 1 OF 5 OF EXHIBIT "____"
0886-0009
0886-0009-ESMT-ROW.DWG
MC
1" = 500'
2023-02-01

LEGAL DESCRIPTION AREA
N
00 500 1000
(IN FEET)
250

GRAPHIC SCALE
1 IN = 500 FT RECORD PER 23/PM/56R1

PARCEL A

PARCEL B
10' WIDE STRIP OF EXHIBIT B
OF REEL 2815, PAGE 1232
A-1
A-1

47.00'69.30'

DOCUMENT NUMBER
2020078819

PORTION OF DESIGNATED
REMAINDER PER R1
S 77° 48' 23" E
771.41'S 85° 13' 21" E

32.90'
N 12° 10' 56" E
578.59'
N 14° 05' 14" E
180.51'
N 12° 10' 56" E
146.55'
S 77° 43' 47" E

96.86'
S 85° 08' 41" E

82.39'
N 68° 16' 32" E

39.73'
N 32° 09' 57" E

92.92'
S 77° 49' 04" E

41.00'

EAST BORONDA ROAD
PARCEL 1

SANTA RITA UNION SCHOOL DISTRICT
DOCUMENT NUMBER 9823453
PARCEL 1
PER R1

MCKINNONSTREET

41.00'

DOCUMENT
NUMBER
2020078819

PORTION OF

DESIGNATED

REMAINDER
PER R1
HARDEN RANCH NORTH UNIT 1 TRACT 1168
VOL. 17 C&T PG. 51

PARCEL A

STORM DRAINAGE
POND EASEMENT PER R1
S 77° 48' 23" E
771.41'
S 77° 48' 23" E
771.41'
PARCEL 2

DOCUMENT
NUMBER 9823453

POINT OF BEGINNING
FOUND 3
4" IRON PIPE

WITH PLASTIC PLUG
INSCRIBED "LS 6246"
PER R1
N 16° 59' 59" E

7.03'
S 77° 48' 23" E
771.41'

EAST BORONDA ROAD
STORM DRAINAGEPOND EASEMENT PER R1

69.30'
LAYOUT NAME: ROW ESMT-PARCEL A
T 805 544-4011
SAN LUIS OBISPO, CA 93401
612 CLARION COURT
www.wallacegroup.us
F 805 544-4294
DRAWING :

DRAWN BY:

JOB No. :

DATE :

SCALE :

EXHIBIT "____" PARCEL A

EAST BORONDA ROAD

CITY OF SALINAS, CA
SHEET 2 OF 5 OF EXHIBIT "____"
0323-0032
0886-0009-ESMT-ROW.DWG
MC
1" = 200'
2023-02-01

LEGAL DESCRIPTION AREA
N
00 200 400
(IN FEET)
100

GRAPHIC SCALE
1 IN = 200 FT RECORD PER 23/PM/56R1
N

DETAIL 'A'
1" = 50'
S 79° 29' 27" E (R1)
S 79° 29' 27" E (R1)
10' WIDE STRIP OF EXHIBIT B
OF REEL 2815, PAGE 1232
A-1
A-1
PARCEL 1

SANTA RITA

UNION SCHOOL

DISTRICT

DOCUMENT
NUMBER 9823453
DOCUMENT NUMBER 2020078819
DESIGNATED REMAINDER PER R1
S 77° 48' 23" E
1776.02'

EAST BORONDA ROAD

MCKINNON STREET

69.30'
TRACT NO. 1252HARDEN RANCH NORTH
UNIT 5 - PHASE 1
VOL. 19 C&T PG. 14 TRACT NO. 1279HARDEN RANCH NORTH
UNIT 5 - PHASE 2
VOL. 19 C&T PG. 43

HARDEN RANCH
NORTH UNIT 1 TRACT
1168VOL. 17 C&T PG. 51
TRACT NO. 1312

DRAWN BY:

JOB No. :

DATE :

SCALE :

EXHIBIT "____" PARCEL B

EAST BORONDA ROAD

CITY OF SALINAS, CA
SHEET 3 OF 5 OF EXHIBIT "____"
0323-0032
0886-0009-ESMT-ROW.DWG
MC
1" = 500'
2023-02-01

LEGAL DESCRIPTION AREA
N
00 500 1000
(IN FEET)
250

GRAPHIC SCALE
1 IN = 500 FT RECORD PER 23/PM/56R1

FOR DETAIL
SEE SHEET 4

PARCEL B
S 79° 29' 27" E (R1)
10' WIDE STRIP OF EXHIBIT B
OF REEL 2815, PAGE 1232
A-1
A-1

TRUE POINT

OF BEGINNING
PARCEL 1SANTA RITA UNION SCHOOL DISTRICT
DOCUMENT NUMBER 9823453
DOCUMENT NUMBER 2008078968DESIGNATED REMAINDER PER R1

EAST BORONDA ROAD

MCKINNON STREET

PARCEL B

POINT OF

COMMENCEMENT
PARCEL 2
42' PUBLIC ROAD AND PUBLIC

UTILITIES EASEMENT PER
DOCUMENT NUMBER 9823453
S 12° 10' 56" W

16.82'
S 01° 07' 04" E
151.13'
S 15° 15' 02" E

49.11'
S 38° 12' 45" E

35.50'
S 61° 08' 34" E
141.64'
S 77° 48' 23" E
1776.02'

DRAWN BY:

JOB No. :

DATE :

SCALE :

EXHIBIT "____" PARCEL B - DETAIL

EAST BORONDA ROAD

CITY OF SALINAS, CA
SHEET 4 OF 5 OF EXHIBIT "____"
0323-0032
0886-0009-ESMT-ROW.DWG
MC
1" = 100'
2023-02-01

LEGAL DESCRIPTION AREA
N
00 100 200
(IN FEET)
50 GRAPHIC SCALE
1 IN = 100 FT RECORD PER 23/PM/56R1
S 79° 29' 27" E (R1)
10' WIDE STRIP OF EXHIBIT B
OF REEL 2815, PAGE 1232

EAST BORONDA ROAD
A-1
A-1

42.00'
LAYOUT NAME: ROW ESMT-PARCEL C
T 805 544-4011
SAN LUIS OBISPO, CA 93401
612 CLARION COURT
www.wallacegroup.us
F 805 544-4294
DRAWING :

DRAWN BY:

JOB No. :

DATE :

SCALE :

EXHIBIT "____" PARCEL C

EAST BORONDA ROAD

CITY OF SALINAS, CA
SHEET 5 OF 5 OF EXHIBIT "____"
0323-0032
0886-0009-ESMT-ROW.DWG
MC
1" = 100'
2023-02-01

LEGAL DESCRIPTION AREA
N
00 100 200
(IN FEET)
50 GRAPHIC SCALE
1 IN = 100 FT RECORD PER 23/PM/56R1
PARCEL 1SANTA RITA UNION SCHOOL DISTRICT
DOCUMENT NUMBER 9823453
PARCEL 2
42' PUBLIC ROAD AND

PUBLIC UTILITIES EASEMENT
DOCUMENT NUMBER 9823453
DOCUMENT NUMBER 2020078819DESIGNATED REMAINDER PER R1

EAST BORONDA ROAD

MCKINNON STREET
DOCUMENT NUMBER 2020078819
DESIGNATED REMAINDER PER R1PARCEL C
10' WIDE STRIP OF EXHIBIT B
OF REEL 2815, PAGE 1232
A-1
A-1

1 UNOFFICIAL MINUTES
OF THE

SALINAS PLANNING COMMISSION
September 4, 2024

The meeting was called to order at 4:00 p.m. in the City Council Chamber Rotunda.

PLEDGE OF ALLEGIANCE

ROLL CALL

WELCOME AND STAFF INTRODUCTIONS

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

ABSENT: Commissioners Burrola and Manzo

STAFF: Community Development Director, Lisa Brinton ; Public Works Director, David Jacobs; Planning Manager, Courtney Grossman ; Assistant Engineer , Josie Lantaca; and Administrative Aide, Maira Robles

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

Chairperson McKelvey Daye opened for public comment at 4:01 p.m.

No public comments were received.

Chairperson McKelvey Daye closed for public comment at 4:01 p.m.

CONSENT

ID#24-503 Approval Of The Minutes: August 7, 2024

Commissioners Gonzalez, Meeks, and Purnell , indicated that the action style Planning Commission minutes of August 7 , 2024, were lacking sufficient detail and did not reflect the input received during the public comment segment , nor was the dialogue captured in the minutes regarding the input provided by both the Commission and staff. Commissioner Gonzalez also indicated that her motion as noted in the minutes regarding the D raft Alisal District Identity Master Pl an (ADIMP), failed to include her request for staff to add an implementation budget slide in the recommendation to City Council.

2 Staff informed that the Planning Commission action minutes as presented are in line with the record keeping practices of City Council meetings as discussed at the previous Commission meeting . Staff agreed that going forward, minutes will include at a minimum, a bulleted list of issues, concerns, and suggestions, as discussed for each agenda item.

Commissioner Gonzalez motioned to approve the Planning Commission minutes of August 7, 2024 , with a request to amend the minutes to reflect her recommendation for the addition of an implementation budget slide in her motion of the Draft Alisal District Identity Master Plan (ADIMP). Commissioner Purnell seconded the motion. The motion carried by the following vote:

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

NOES: None

ABSTAIN: None

ABSENT: Commissioner Burrola and Manzo

CONSIDERATION

ID#24-508 Miscellaneous 2024 -007; Conformity of Proposed Land Acquisition for Boronda Road Improvement Project to the General Plan

Received report from Courtney Grossman, Planning Manager , regarding the Boronda Road Congestion Relief Project. The first phase of these improvements will be located between Dartmouth Way to a point between McKinnon Street and El Dorado Drive with construction of this first phase scheduled to b egin in the fall of 2024. In order for Phase 1 to proceed, however, the City must acquire a portion of privately owned land on the north side of East Boronda Road. Government Code section 65402(a) requires a report to the planning agency (Planning Commissi on) as to the conformity of the property acquisition and proposed future development to the General Plan prior to City Council consideration of any property acquisition.

The Planning Commission discussed the following with regard to the project:

1. The number of proposed lanes and cost of the project;

2. Land Acquisition;

3. The funding source for the project;

4. Project completion timeline;

5. Traffic education and outreach regarding the use of roundabouts; and

6. Traffic impact and safety measures during project construction.

Chairperson McKelvey Daye opened for public comment at 4:19 p.m.

3 No public comments were received.

Chairperson McKelvey Daye closed for public comment for 4:19 p.m.

Commissioner Purnell motioned to approve a Resolution accepting a report and establishing findings on the conformity of the proposed land acquisition of approximately 6.65 acres of real property located on the north side of East Boronda Road necessary for the completion of Phase 1 of the Boronda Road Congestion Relief Project. Commissioner Gonzalez seconded the motion. The motion carried by the following vote:

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

NOES: None

ABSTAIN: None

ABSENT: Commissioners Burrola and Manzo

PUBLIC HEARINGS

Specific Plan Amendment 2023 -002 (SPA 2023 -002); request to amend the Gateway Center Specific Plan to allow: Vehicle Washing subject to a Conditional Use Permit and other related Amendments; and Conditional Use Permit 2023-022 (CUP 2023-022); request to construct and operate a 3,588 square foot Vehicle Washing building with outdoor vacuums located At 115 East Boronda Road in the CR – SP-19 (Commercial Retail – Gateway Center Specific Plan Overlay) Zoning District.

This item has been continued to the September 18, 2024, Planning Commission meeting.

OTHER BUSINESS

General Plan Steering Committee Update

Ms. Brinton indicated that there no updates at this time; the committee will reconvene once a draft has been released for public review.

FOLLOW-UP REPORTS

None

4 FUTURE AGENDA ITEMS

Mr. Grossman informed that the following projects are scheduled for presentation to the Planning Commission on September 18, 2024:

1. The Specific Plan Amendment 2023 -002 (SPA 2023 -002); a request to amend the Gateway Center Specific Plan to allow: Vehicle Washing subject to a Conditional Use Permit and other related Amendments; and Conditional Use Permit 2023-022 (CUP 2023-022); and

2. The Alisal Streetscape Master Plan

ADJOURNMENT

Chairperson McKelvey Daye reviewed for quorum for the September 18 , 2024 , meeting and adjourned at 4:29 p.m.

______________________ _______________________

LORISA MCKELVEY DAYE COURTNEY GROSSMAN
Chairperson Executive Secretary City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-557, Version: 1
City Manager Recommendation for Additional FY 24-25 Community Sponsorship Funding Approve the City Manager’s recommendations for additional sponsorship allocations to the Science Workshop in the amount of $12,000, the Veterans’ Parade in the amount of $8,000, and the California International Airshow Salinas in the amount of $30,000.

City of Salinas Printed on 9/19/2024Page 1 of 1
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Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: SEPTEMBER 24, 2024
DEPARTMENT: FINANCE
FROM: RENE MENDEZ, CITY MANAGER

JIM PIA, ASSISTANT CITY MANAGER

SELINA ANDREWS, ACTING FINANCE DIRECTOR
TITLE: CITY MANAGER RECOMMENDATION FOR ADDITIONAL
FY 24-25 COMMUNITY SPONSORSHIP FUNDING

RECOMMENDED MOTION:

A motion to approve the City Manager’s recommendations for additional sponsorship allocations to the Science Workshop in the amount of $12,000, the Veterans’ Parade in the amount of $8,000, and the California International Airshow Salinas in the amount of $30,000.

EXECUTIVE SUMMARY:

City Council’s approval of this recommendation provides continued support for community initiatives through various programs that provide a public benefit to people who live, work, and spend time in Salinas. Through the review and selection process, the Science Workshop , the Veterans’ Parade , and the Airshow were selected to receive funding through the FY 24 -25 Community Sponsorship Program.

BACKGROUND:

On April 9, 2024, City Council adopted a new Community Sponsorship Policy outlining the funding limits, application requirements, review, and selection process. The Community Sponsorship application period has since taken place and the allocated $100,000 was awarded through the newly developed process.

On August 20, 2024, City Council directed staff to increase the FY 24-25 Community Sponsorship Program budget by $50,000 for a revised budget amount of $150,000. Staff further reviewed the applications submitted during the FY 24 -25 Community Sponsorship Application Period and selected the Science Workshop, the Veterans’ Parade, and the Airshow based on the criterion used for the previous allocations.

Staff previously identified unallocated funds which could have been utilized to facilitate partnering with the Monterey One Water (M1W) Assistance program. Since M1W did not move forward Page | 2
with the property tax roll item, these previously unallocated funds provided a n opportunity to increase the FY 24-25 Community Sponsorship Program budget.

CEQA CONSIDERATION:

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

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

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

STRATEGIC PLAN INITIATIVE:

This action is consistent with the City Council’s goal of supporting an effective and culturally responsive government. (City of Salinas Strategic Plan 2022-2025).

DEPARTMENTAL COORDINATION:

This staff report was coordinated with the City Attorney’s Office, City Manager’s Office, Library and Community Services, and the Finance Department.

FISCAL AND SUSTAINABILITY IMPACT:

Fund

Appropriation

Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)
1000 80.8005-69.1110 Financial
Assistance
$150,000 $50,000 n/a 8/20/24,
Budget
Adjustment

ATTACHMENTS:

None
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-558, Version: 1
Modification to Classification - Salary Schedule and Workforce Allocation Adjustment Approve a Resolution modifying the Classification - Salary Schedule to 1) add the classification of Assistant City Manager to the Department Director unit; 2) approve one over hire Office Technician in Community Development; and 3) add two grant-funded Investigative Specialists to the Police Department workforce.

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CITY OF SALINAS

COUNCIL STAFF REPORT
^

DATE: SEPTEMBER 24, 2024
DEPARTMENTS: ADMINISTRATION AND HUMAN RESOURCES
FROM: RENE MENDEZ, CITY MANAGER
BY: MARINA HORTA-GALLEGOS, HUMAN RESOURCES DIRECTOR TITLE: MODIFICATION TO CLASSIFICATION – SALARY SCHEDULE

AND WORKFORCE ALLOCATION ADJUSTMENT

RECOMMENDED MOTION:

It is recommended that the City Council approve a Resolution modifying the Classification – Salary Schedule to 1) add the classification of Assistant City Manager to the Department Director unit; 2) approve one over hire Office Technician in Community Development; and 3) add two grant-funded Investigative Specialists to the Police Department workforce.

EXECUTIVE SUMMARY:

Staff recommends that the City Council approve the attached Resolution modifying the Classification – Salary Schedule as noted above to move the Assistant City Manager classification to the Department Directors unit and add one over hire Office Technician in Community Development and the previously approved, grant-funded Investigative Specialist to the Police Department workforce.

BACKGROUND:

Administration
The Assistant City Manager classification has been in the Confidential Management Unit since approximately 2011. Prior to that , the classification was in the Department Directors unit since at least 1984 . With the recently approved classification of Assis tant to the City Manager added to Administration and placed within the Confidential Management Unit , it is appropriate to move the Assistant City Manager to the Department Directors unit . This shift will help avoid confusion between the two classifications. The Assistant City Manager is a key member of the City’s Executive Team working under the broad direction of the City Manager. This position assists the City Manager in working with all Departments to help to ensure successful programs and operations. The Assistant to the City Manager is an Administrative, at -will position who provides complex staff report and assistance to the City Manager, Mayor, and City Council, in overall administrative activities, projects, and operations of the City Manager’s Office and Administration Department.

Benefit
Group Grade Position
Step 1
Hourly
Step 1
Monthly
Step 2
Hourly
Step 2
Monthly
Step 3
Hourly
Step 3
Monthly
Step 4
Hourly
Step 4
Monthly
Step 5
Hourly
Step 5
Monthly
Step 6
Hourly
Step 6
Monthly
14 Assistant City Manager 94.0172 16,296 98.7214 17,112 103.6599 17,968 108.8402 18,866 114.2847 19,809 119.9989 20,800 Page | 2

Community Development
The Community Development Department requests authorization to over hire one Office Technician.

The Department is planning for one vacancy, and due to the challenges in filling positions, would like to get a head start on this hiring. It is anticipated that this over hire will be absorbed through attrition.

Police
Staff requests authorization to add two civilian Investigative Specialist positions to the Police Department workforce consistent with the conditions of the Organized Retail Theft Prevention Grant accepted in October 2023.

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).

CALIFORNIA GOVERNMENT CODE §84308:

Government Code §84308/Levine Act does not apply to this item.

STRATEGIC PLAN INITIATIVE:

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

DEPARTMENTAL COORDINATION:

The Human Resources Department coordinated in this effort with the Administration , Community Development, and the Police Department.

FISCAL AND SUSTAINABILITY IMPACT:

It is not anticipated that t he FY 24 -25 budget within any of the affected Departments will need to change, as current budgets can absorb, through salary savings, the small changes. However, any upward budget need will be identified in the workforce adjustment for the next fiscal year. The grant funded positions will be allocated to the Organized Retail Theft Prevention Grant.

Fund

Appropriation

Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)*
3282 40.7421 Salaries & Benefits
Regular
$885,205 $770,272 n/a 10/10/23, 22813
1000 30.3461 Salaries & Benefits
Regular
$418,078 $27,970 81 6/11/24, 22979
1000 12.1111 Salaries & Benefits
Regular
$1,188,423 This change results
in salary savings for
the City.
53 6/11/24, 22979
* The FY 24-25 Adopted Budget was adopted on June 11, 2024.

ATTACHMENTS:

Resolution
Page | 3

RESOLUTION AMENDING THE CLASSIFICATION - SALARY SCHEDULE AND

WORKFORCE ALLOCATION ADJUSTMENT

BE IT RESOLVED BY THE CITY COUNCIL OF SALINAS that the Classification – Salary Schedule previously adopted by the City Council by Resolution is hereby amended to reflect the following: 1) add the classification of Assistant City Manager to the Department Director unit the first pay period following the incumbent’s separation; 2) approve one over hire Office Technician in Community Development; and 3) add two civilian grant funded Investigative Specialist to the Police Department Workforce.

PASSED AND ADOPTED this 24th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Kimbley Craig, Mayor

ATTEST:
______________________________
Patricia Barajas, City Clerk

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-542, Version: 1
a. Real Property Negotiations - California Government Code section 54956.8, conference with real property negotiators City Manager Rene Mendez, Assistant City Manager Jim Pia, City Attorney Christopher A. Callihan, and Community Development Director Lisa Brinton, to discuss the terms and sale of real properties located at 210 Salinas Street (APN 002244098000, Parking Lot 8); 122 Lincoln Avenue (APN 002245008000, Parking Lot 12), 128 Lincoln Avenue (APN 002245007000, Parking Lot 12), 118 Lincoln Avenue (APN 002245005000, Parking Lot 12), 120 Lincoln Avenue (APN 0022458006000, Parking Lot 12), 112 Lincoln Avenue (APN 002245004000, Parking Lot 12). b. Real Property Negotiations - California Government Code section 54956.8, conference with real property negotiators City Manager Rene Mendez, Assistant City Manager Jim Pia, City Attorney Christopher A. Callihan, and Community Development Director Lisa Brinton, to discuss the terms and sale of real properties located 1030 Fairview Salinas, CA 93905 (APN: 003-474-002) Salinas, California 93901. c. Public Employee Performance Evaluation - California Government Code section 54957(b), City Attorney.

City of Salinas Printed on 9/19/2024Page 1 of 1
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City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-540, Version: 1
Rent Stabilization and Tenant Protection; Adoption of Ordinances Consider adopting a Rent Stabilization Ordinance, a Tenant Protection and Just Cause Eviction Ordinance, and a Tenant Anti-Harassment Ordinance.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE:

DEPARTMENT:

FROM:

SEPTEMBER 10, 2024 & SEPTEMBER 24, 2024
CITY ATTORNEY’S OFFICE
CHRISTOPHER A. CALLIHAN, CITY ATTORNEY
TITLE: RENT STABILIZATION AND TENANT PROTECTION ;

INTRODUCTION OF ORDINANCES
RECOMMENDED MOTION:

A motion to introduce three ordinances for adoption on September 24, 2024: Rent Stabilization, Tenant Protection and Just Cause Eviction, and Tenant Anti-Harassment.

EXECUTIVE SUMMARY:

The Ordinances presented for the City Council’s introduction have been brought forward to the City Council at the request of Council member Rocha, with the support of Council member González, and at the unanimous direction given by the City Council members present on August 20, 2024.

All prior reports and presentations provided to the City Council and the Housing and Land Use Committee are incorporated herein by this reference.

BACKGROUND:

On August 20, 2024, a presentation was given to the City Council on three draft ordinances: Rent Stabilization, Tenant Protection and Just Cause Eviction, and Tenant Anti -Harassment. After receiving the presentation and receiving testimony from the public, the City Council members present unanimously directed staff to update the draft ordinances consistent with the City Council’s direction and present the updated draft ordinances to the City Council for introduction on September 10, 2024, and adoption on September 24, 2024.

On August 20, 2024, the City Council provided the following direction:

1. Rent Stabilization Ordinance: Set the maximum rent increase allowed under the Rent Stabilization Ordinance per twelve-month period at 2.75% or 75% of the Consumer Price Index (CPI), whichever is lower.

2. Rent Stabilization Ordinance: All notices required to be provided by the Landlord under the Ordinance must be provided in both English and Spanish.

Page | 2

3. Rent Stabilization Ordinance: The language in Section 17 -02.08 be revised to allow for pass through of capital improvement cos ts only after the work has been completed; petitions for pass through of capital improvements cannot be filed until after the work has been completed.

4. Rent Stabilization Ordinance: Properties listed as historic resources on a local, state, or federal register are to be exempt from the Ordinance.

5. Tenant Protection and Just Cause Eviction Ordinance: For evictions resulting from action under the Ellis Act (Section 17 -02.57) the Landlord is to be required to provide three months’ rent as relocation assistance.

6. Tenant Protection and Just Cause Eviction Ordinance: The provision at the end of Section 17-02.54(d)(2) related to screening of tenants using “industry accepted methods” is to be deleted.

7. The operative date of the three ordinances is to be January 1, 2025.

In addition to those revisions specifically directed by the City Council, findings were drafted based on the City Council’s comments, the reports presented, and the public testimony received on August 20, 204. A provision was added at Section 17-02.53(b)(1)(A) of the Tenant Protection and Just Cause Eviction Ordinance: This subsection was included in previous drafts of the Ordinance but was inadvertently left out of the draft presented to the City Council on August 20, 2024.

Formatting and typographical corrections were also made in the three ordinances.

CEQA CONSIDERATION:

Not a Project . The City Council’s adoption of th e ordinances is not a project subject to environmental review under the California Environmental Quality Act (CEQA Guidelines section 15061(b)(3).) Additionally, the City Council’s adoption of th e ordinances is exempt because it does not meet the definition of a “project” under CEQA, pursuant to CEQA Guidelines sections 15060(c)(1) and 15378(a), because it has no potential to result in a direct or reasonably foreseeable physical change in the environment.

STRATEGIC PLAN INITIATIVE:

The City Council’s consideration of whether to establish and to implement rent stabilization and tenant protection strategies is consistent with the City Council’s goal of promoting Housing/Affordable Housing (City of Salinas Strategic Plan 2022-2025).

DEPARTMENTAL COORDINATION:

City Administration, the City Attorney’s Office, and Community Development Department will continue to coordinate on the implementation of the rent stabilization program following the City Council’s action.

Page | 3
FISCAL AND SUSTAINABILITY IMPACT:

Should the City Council adopt the rent stabilization and tenant protection program, the City will need to augment its existing staffing and support to effectively implement and manage the program. Staff has identified two potential ways to accomplish this. The first is to add between 3 and 6 staff members which is estimated between $621,404 and $1,246,976. The second option is to explore working with a consultant to provide the services. The City would have to per form additional research to better estimate the cost. The ordinances contemplate the City will recover its costs through the adoption of a fee paid by the property owners renting units . Should the City Council adopt the rent stabilization and tenant protection program, a resolution will be brought forward at a later date to establish the program fee. At which time the budget would be established for this program and brought forward to the Council for adoption.

If this item moves forward and a program fee is established, there will be a delay in the revenue received by the City, which is not uncommon when setting a new program; but it will impact the City’s cash position in the short term and perhaps long term based on the fee ultimately established and the collection rate. In the interim, the City would need to rely on its cash flow, analyze current budgeted programs/projects, and/or reserves.

ATTACHMENTS:

Rent Stabilization Ordinance
Tenant Protection and Just Cause Eviction Ordinance
Tenant Anti-Harassment Ordinance

Rent Stabilization Ordinance
September 24, 2024—Adoption

Page 1 of 16 ends

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

AN ORDINANCE ADDING ARTICLE IIA TO CHAPTER 17 OF THE SALINAS

MUNICIPAL CODE RELATED TO RENT STABILIZATION

City Attorney Impartial Analysis

This Ordinance adds Article IIA to Chapter 17 of the Salinas Municipal Code to provide limits on rent increases for applicable rental units. The Ordinance provides landlords a right to petition for rent increases above the set limit upon a showing of just cause and to petition for the pass- through of the costs of completed capital improvement costs. The Ordinance provides tenants a right to petition for rent reductions under certain circumstances. The Ordinance also allows the City to establish a fee to implement the program. The Ordinance would become operative on January 1, 2025.

WHEREAS, beginning in October 2023, the City Council began to explore the concepts of rent stabilization and tenant protections. At its meeting on October 24, 2023, the City Council received a report on the Salinas rental housing market and state laws that impact rent control and tenant protection. Following receipt of the report, the City Council directed City staff to develop specific recommendations on rent stabilization and tenant protection strategies, including a rent stabilization and a tenant protection ordinance. The City Council directed that the Housing and Land Use Committee would be the forum through which t he City would engage with the community on these ordinances as work progressed and until such time as specific recommendations would come forward to the City Council for consideration; and

WHEREAS, the City Council’s Housing and Land Use Committee first m et on March 26, 2024, and received a report on a preliminary draft ordinance which consisted of three components: a rent stabilization ordinance, a tenant protection and just cause eviction ordinance, and a tenant anti - harassment ordinance (“Ordinances”); and

WHEREAS, following the March 26, 2024, Housing and Land Use Committee meeting, the City continued to engage with the community through listening sessions, community meetings, Technical Advisory Committee. (TAC) meetings, Housing and Land Use Committee meetings, and public hearings before the City Council. Throughout this community engagement process, the City heard testimony from property owners, landlords, property managers, housing developers, tenants, tenant advocacy groups, and others regarding the Salinas rental market and the scope of rent increases and resident displacement, both as a result of rent increases and aspects of evictions in State law. The City also heard testimony about the specific provisions of the preliminary and subsequent drafts of the Ordinances; and

WHEREAS, the housing shortage and rising costs of living in Monterey County, and Salinas in particular, has detrimentally impacted a substantial number of residents in Salinas; and

WHEREAS, the majority of households in Salinas are family households (79.3%) and Salinas has a larger proportion of lower income households compared to the rest of Monterey County; and

Rent Stabilization Ordinance
September 24, 2024—Adoption

Page 2 of 16 ends

WHEREAS, the affordability crisis disproportionately affects people of color b ecause these communities are over -represented in the renter population. Salinas residents are predominantly Latinx: As of 2020, 79% of Salinas’ residents were of Latino or Hispanic origin. Latinx residents in Salinas make up larger shares of the renter population than in the city overall; and

WHEREAS, renter-occupied households in Salinas have lower incomes per capita than households who own their homes; consequently, rent stabilization and tenant protection ordinances will tend to benefit households with lower than median incomes. The average renter-occupied household in the City has a median annual income of $64,509; and

WHEREAS, as of November 2022, the average rent for rental units in Salinas was $2,564 per month; and

WHEREAS, average rents for multif amily rental units in Salinas have continually increased at a higher rate compared with the increase in the median income for renter-occupied households, with the exception of 2018 and 2022. Rents in multifamily buildings built before 1995 in Salinas have increased 117% between 2000 and 2024, with an average vacancy of only 3.3%; and

WHEREAS, rents in Salinas have increased an average of 5% each year since 2012, with a spike in rent between 2020 and 2021, with an almost 13% increase, and then resuming regu lar increase over the past two years. A little more than half of the City ’s renter-occupied households remain rent-burdened, paying 30% or more of their household income on housing. Rent -burdened households have less money to spend on other essentials like food, transportation, healthcare, and childcare; and

WHEREAS, the cost burden rate in the City is sufficiently high to create anxiety about rent increases as the increasing housing rent burden and poverty faced by many residents in the City threatens the health, safety, and welfare of its residents by forcing them to choose between paying rent and providing food, clothing, and medical care for themselves and their families; and

WHEREAS, housing instability threatens the public peace, health, safety, and welfare as eviction from one ’s home can lead to prolonged homelessness; increased residential mobility; loss of community; strain on household finances due to the necessity of paying rental application fees and security deposits; stress and anxiety experienced by those displaced increased commute times and traffic impacts if displaced workers cannot find affordable housing within the city in which they work; and interruption of the education of children in the home; and

WHEREAS, eviction creates particular hardships for individuals and households of limited means, given the shortage of affordable housing within Salinas and the region, generally; and

WHEREAS, the housing rent burden and poverty faced by many residents in Salinas threatens the health, safety, and welfare of its residents, particularly when resulting in eviction and displacement.

Evictions play an impactful role in the lives of low income renter households and can also

Rent Stabilization Ordinance
September 24, 2024—Adoption

Page 3 of 16 ends

contribute to poverty through disruptive effects such as job loss, adverse health effects, and negative consequences for children; and

WHEREAS, the City Council finds and determines that regulating the relations between residential landlords and tenants will increase certainty and fairness within the residential rental market in the City and thereby serve the public peace, health, safety, and welfare; and

WHEREAS, the Tenant Protection Act of 2019 is a statewide law that requires a landlord to have “just cause” in order to terminate a tenancy, and provides for a series of “at fauly” and “no fault” reasons that a tenant may be evicted, and in the event of a “no fault ” eviction, provides for relocation assistance equal to one month of rent; and

WHEREAS, the recent spike in the inflation rate has resulted in permissible rent increa ses of up to 10% under the Tenant Protection Act, which caused some residents to become fearful of needing to relocate for financial reasons; and

WHEREAS, tenants and housing advocates have provided testimony that some landlords have been constructively evicting tenants by engaging in harassing conduct in order to coerce vacancies, and thereby charge higher market rate rents; and

WHEREAS, this fear of displacement has been determined to be a threat to the City ’s health and well-being; and

WHEREAS, Salinas residential tenants may be unwilling or unable to assert their legal rights due to such factors as imbalance in bargaining power and concerns of retaliation. The City Coucnil finds that these imbalances in the rental housing market and in the barg aining power of landlords and tenants reduces stability, security, and habitability, which are detrimental to health, safety, and general welfare of Salinas residents; and

WHEREAS, the City Council finds that reasonable regulation of aspects of the reside ntial landlord-tenant relationship is necessary to foster constructive communication, maintain an adequate supply of rental housing units, and protect the health, safety, and general welfare of the public and that there is a lack of adequate protections an d remedies in the absence of City regulations; and

WHEREAS, a purpose of the City’s rent stabilization and tenant protection policies is to preserve the public peace, health, safety, and welfare of the City by deterring harassing behavior by landlords against residential tenants, encouraging residential landlord to follow the law and uphold their responsibility to provide habitable rental properties, and establishing more effective remedies for tenants who experience harassing behavior; and

WHEREAS, a further purpose of the City ’s rent stabilization and tenant protection policies is to help maintain peaceful relations in the community and minimize breaches of the peace caused by self-help evictions; to protect vulnerable populations of the Salinas community; and

Rent Stabilization Ordinance
September 24, 2024—Adoption

Page 4 of 16 ends

WHEREAS, it is in the interest of the City, property owners, residents, and the community as a whole that the City adopt rent stabilization, tenant protection and just cause eviction, and tenant anti-harassment protections to mitigate the incentive for a landlord to evict a tenant for the purpose of increasing a rental unit’s rent to market rate; and

WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, section 7 of the California Constitution, the City Council has the authority to enact and enforce ordinances and regulations for the public’s peace, health, safety, and welfare of the City and its residents; and

WHEREAS, for the preservation of the public peace, health, safety, and welfare, the City Council finds that it is necessary to adopt ordinances adopting rent stabilization, eviction protections, and tenant anti-harassment protections that strengthen what already exists in state and federal law for the reasons set forth above, which are hereby incorporated by reference.

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

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Article IIA is hereby added to Chapter 17 of the Salinas Municip al Code to read as follows:

Article IIA. Rent Stabilization.

Sec. 17-02.01. Rent Stabilization.

This article shall be known as the “Rent Stabilization Ordinance.”

Sec. 17-02.02. Application.

This Rent Stabilization Ordinance shall be interpreted and administered in a manner consistent with the Costa-Hawkins Rental Housing Act codified in California Civil Code section 1954.50 et seq. (“Costa Hawkins”). If any conflict exists between the provisi ons of Costa Hawkins and this article, Costa Hawkins shall prevail.

(a) Applicability of this Article. The provisions of this Rent Stabilization Ordinance apply to all Rental Units in the city of Salinas, except as otherwise exempted in this section.

(b) Exemptions from this Article. The following Rental Units are exempt from Rent Stabilization:

(1) Rental Units exempt from rent stabilization pursuant to the Costa Hawkins Rental Housing Act (California Civil Code section 1954.50 et seq. (2) Rental Units which a governme nt unit, agency, or authority owns, operates, manages, or in which governmentally subsidized Tenants reside only if applicable

Rent Stabilization Ordinance
September 24, 2024—Adoption

Page 5 of 16 ends

federal or state law or administrative regulation specifically exempts such units from municipal rent stabilization.
(3) Rental Units which are deed restricted as affordable housing by a regulatory agreement or similar recorded document.
(4) Rental Units in any hospital, covenant, monastery, extended medical care facility, non-profit home for the aged, or dormitory as defined in California Building Code section that is solely owned and operated by an accredited institution of higher education.
(5) A unit in a hotel, motel, inn, or room and boarding house which is rented primarily to transient guests for a period of twenty -eight (28) consecutive calendar days or less, counting portions of calendar days as full days and other transient occupancies as defined in California Civil Code section 1940(b).
(6) A unit in an institutional facility, including a hospital, medical care facility, residential care f acility, asylum, group home for seniors or the disabled, or transitional housing program that assists homeless persons as defined in California Civil Code section 1954.12.
(7) Rental Units in any building which is included on the National Register of Historic Places, the State Historic Landmark Register, the California Register of Historic Resources, or which has been voluntarily nominated as an historic resource by the property owner and which designation has been considered by the Salinas Historic Resources Board and approved by the Salinas City Council.

Sec. 17-02.03. Definitions.

(a) For the purpose of this Article, the following words or phrases shall have the following meanings:

“Annual Allowable Rental Adjustment.” Annual Allowable Rental Adjustment refers to the limit on the Maximum Allowable Rent increase which a Landlord may charge on any covered Rental Unit each year without an order from a hearing officer.

“Capital Improvement.” An improvement or repair to a Rental Unit or property that materially adds to the value of the Property, appreciably prolongs the Property ’s useful life or adapts the Property to a new use, becomes a part of the real property or is permanently affixed to the real property such that its removal would result in material damage to the real property or to the improvement itself, has a useful life or more than one (1) year and that is required to be amortized and depreciated over the useful life of the improvement under the provisions of the Internal Revenue Code and related regul ations, and may also include work necessary to comply with applicable local, state, or federal building, health, and safety codes.

“Capital Improvement Plan.” A detailed proposal submitted to the City Attorney or designee by a Landlord in order to proceed with one or more Capital Improvements, and/or receive a Pass Through.

Rent Stabilization Ordinance
September 24, 2024—Adoption

Page 6 of 16 ends

“Controlled Rental Unit. ” A Rental Unit located within the city of Salinas not specifically exempted by an applicable exemption to this Article.

“Housing Services.” All amenities and services related to the use or occupancy of a Rental Unit and common areas that are provided by the Landlord. Housing Services includes without limitation hot and cold water, heat, light, utilities that are paid by the Landlord, paintin g, elevator service, window shades and screens, refuse removal, janitorial service, maintenance, repairs, replacement, recreational areas (including pools or gyms) kitchen, bath, laundry facilities, furnishings, storage space, parking (including one or mor e automobiles), employee services, security services, insurance, the payment of property taxes, and any other benefits or privileges permitted to the Tenant by agreement, whether express or implied, including the right to have a specific number of occupants and the right to one -for-one replacement of roommates, regardless of any prohibition against subletting and/or assignment. Housing Services also includes those basic Housing Services required by California Civil Code section 1941.1. Housing Services incl udes a proportionate part of services provided to common facilities of the building and Property in which the Rental Unit is contained.

“Landlord.” An owner, lessor, sublessor, or any other person entitled to receive Rent for the use and occupancy of any Rental Unit, or any agent, representative, or successor of any of the foregoing.

“Maximum Allowable Rent.” The maximum allowable rent which may be charged on any Rental Unit covered by this Article.

“Property.” All Rental Units on a parcel or lot or cont iguous parcels or contiguous lots under common ownership.

“Pass Through.” Any monetary amount a Landlord is authorized to pass through to, and recover from, one or more Tenants in the form of a surcharge or in addition to Rent, as authorized by an approved Capital Improvement Plan or any other lawful authorization.

“Rent.” All periodic payments and all nonmonetary consideration including, but not limited to, the fair market value of goods, labor performed or services rendered to or for the benefit of the Landlord under a Rental Housing Agreement, as defined in this section, concerning the use or occupancy of a Rental Unit and premises, including all payment and consideration demanded or paid for parking, utilities, pets, furniture, subletting, and security deposits for damages and cleaning.

“Rental Housing Agreement.” An agreement, oral, written, or implied, between a Landlord and Tenant, for use or occupancy of a Rental Unit and for Housing Services.

“Rental Housing Fee.” The fee described in Section 17-02.13.

“Rental Unit.” Any building, structure, or part thereof, or land appurtenant thereto, or any other rental Property rented or offered for Rent for residential purposes, together with all Housing

Rent Stabilization Ordinance
September 24, 2024—Adoption

Page 7 of 16 ends

Services connected with the use and occupancy of such Property such as common areas and recreational facilities held out for use by the Tenant.

“Tenant.” A tenant, subtenant, lessee, sublessee, or any other person entitled under the term of a Rental Housing Agreement to the use and the occupancy of any Rental Unit.

“Utility Charges.” Any charges for gas, electricity, water, cable, or internet.

(b) Terms defined in other sections of this Rent Stabilization Ordinance shall have such meaning when used in this Rent Stabilization Ordinance, whether singular or plural.

Sec. 17-02.04. Limit on Rental Rate Increases.

(a) Increases in Rent on residential real property in the city may not exceed the lesser of 2.75% or 75% of the most-recent 12-month increase in the Consumer Price Index for All Urban Consumers (CPI-U) S eries Title: All items in West urban, all urban consumers, not seasonally adjusted published by the Bureau of Labor Statistics. Only one rent increase in any 12-month period is permitted. A reduction in Housing Services is an increase in Rent.

(b) Subsection (a) of this section shall apply to all Rent increases occurring on or after December 31, 2023. A Landlord has no duty to refund otherwise lawful rent received prior to the effective date of this Rent Stabilization Ordinance in excess of the amount authorized by this section.

(c) The 12-month period referenced in subsection (a) of this section shall begin on the date of the last Rent increase regardless of whether the last Rent increase occurred prior to the effective date of the Rent Stabilization Ordinance.

Sec. 117-02.05. Reasonable Rate of Return.

This Rent Stabilization Ordinance allows for an annual adjustment of residential real property Rent as specified in subsection (a) of section 17 -02.04 of this article. Such an increase is found and determined to provide a just and reasonable return on a Landlord’s Property, and has been adopted to encourage good management, reward efficiency, and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose of curtailing excessive Rent and rental increases. Notwithstanding the foregoing, and Landlord who contends that the limit on Rent increases set forth in Section 17 -02.04 will prevent the Landlord form receiving a fair and reasona ble return on the Property may petition for relief from the limit set forth in section 17-02.04 pursuant to the procedures set forth in section 17-02.07.

In making annual adjustments of the Annual Allowable Rental Adjustment, Hearing Officers shall consider the purpose of this Article and the requirements of law.

Sec. 17-02.06. Tenant Petition for Rent Reduction.

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(a) Unlawful Rent. A Tenant of a Controlled Rental Unit may petition for a reduction of Rent (“Rent Reduction Petition ”) if the Tenant believes that the Landlord has demanded, accepted, or retained from the Tenant any Rent in excess of the Rent permitted by this Rent Stabilization Ordinance. The Landlord shall be informed of the Tenant ’s complaint and shall have the opportunity to respond to the Tenant’s claim of Rent overcharge.

(b) Reduction in Housing Services or Failure to Maintain Habitable Premises. A Tenant may petition for a reduction of Rent (“Rent Reduction Petition ”) to request a refund of, or decrease in, Rent proportional to the Landlord ’s reduction in Housing Services or failure to maintain then Controlled Rental Unit as a habitable premise in accordance with applicable State rental housing laws, State and local health and safety laws, or the Rental Housing Agreement.

(c) Such Rent Reduction Petition shall be on an application form prescribed by the City Attorney or designee , shall be submitted to the City Attorney, and shall be decided by a Hearing Officer designated by the City Attorney.

(d) The Tenant shall provide a copy of any Rent Reduction Petition submitted to the City Attorney to the applicable Landlord and shall provide the City Attorney with proof of completing such service to the applicable Landlord. The Landlord shall have thirty (30) days from the date of receiving the Rent Reduction Petition to reply or to provide additional materials in response to the Rent Reduction Petition. Such reply or additional materials shall be submitted to the City Attorney.

(e) The Tenant shall bear the burden of establishing that a Rent reduction is necessa ry to comply with the Rent Stabilization Ordinance by providing information including the type of dwelling, dates of tenancy, dates of Rent increases, amount of Rent increases, dates of charges, and amounts of charges.

(f) The factors the Hearing Officer may consider in deciding a Rent Reduction Petition shall be matters related to the Landlord ’s failure to comply with the Rent Stabilization Ordinance, reductions in Housing Services, and habitability violations. For example, the amount of Rent that the Landlor d has actually demanded, accepted, or retained from the Tenant exceeds the amount of the Rent that the Landlord could lawfully charge. The Hearing Officer may also consider decreases in living space, furnishings, equipment, or services; substantial deterio ration of the Controlled Rental Unit other than as a result of ordinary wear and tear; or failure on the part of the Landlord to provide adequate Housing Services or to comply with applicable housing, health, and safety codes.

(g) A Rent Reduction Petition shall be decided by the Hearing Officer within sixty (60) days of the date that the Rent Reduction Petition has been deemed complete by the City Attorney, including submission of proof of service of the Rent Reduction Petition on the applicable Landlord, unless an extension of time has been agreed upon by the parties. The decision shall be sent by mail and shall be emailed with proof of mailing to the applicable Tenant, the designated representative of the Tenant, the subject Landlord, and the

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Landlord’s designated representative for the Rent Reduction Petition, if any. Any person aggrieved by the decision of the Hearing Officer may appeal to the City Council. On appeal, the City Council shall affirm, reverse, or modify the decision of the Hearing Officer.

The decision of the Hearing Officer shall be the final decision of the City in the event of no appeal to the City Council.

(h) Decisions decreasing Rent shall remain in effect until the Hearing Officer finds that the Landlord has corrected the defect warranting the decrease. The City Attorney shall establish procedures for making prompt compliance determinations. Upon a determination of compliance, the Landlord shall be entitled to reinstatement of the prior Rent level, retroactive to the date that the Landlord corrected the defect which warranted the decrease.

This shall be in compliance with California Code of Civil Procedure section 1942.4. If the Landlord is found to be in violation of California Code of Civil Procedure section 1942.4, then no Rent shall be charged for the period during which the Landlord was in violation.

Sec. 17-02.07. Landlord Petition for Rent Increase.

(a) A Landlord may petition for a Rent increase for a Controlled Rental Unit in excess of that provided in Sec. 17-03.04 in order to obtain a fair and reasonable return on the Landlord’s Property (“Fair Return Petition ”). It is the intent of this Article that in dividual upward adjustments in the Maximum Allowable Rent on Controlled Rental Units be made only when the Landlord demonstrates that such adjustments are necessary to provide the Landlord with a fair return on investment.

(1) Nothing in this section shall be interpreted to authorize a Rent increase for a Controlled Rental Unit in excess of the amount authorized pursuant to California Civil Code section 1947.12.

(2) Such Fair Return Petition shall be on an application form prescribed by the City Attorney and shall include a declaration by the Landlord that the Rental Unit meets all requirements of this Article. Fair Return Petitions shall be decided by a Hearing Officer designated by the City Attorney.

(3) The Landlord shall provide a copy of any Fair Return Petition submitted to the City to the applicable Tenant(s) and shall provide the City with proof of completing such service to the applicable Tenant(s). The Tenant(s) shall have thirty (30) days from the date of receiving the Fair Return Petition to reply or provide additional materials to the City Attorney in response to the Fair Return Petition.

(4) The Landlord shall be responsible for all costs associated with the City’s review of the Fair Return Petition.

(5) Upon receipt of a Fair Return Petition , the Hearing Offi cer shall determine the anticipated costs of review and if the employment of expert(s) will be necessary or appropriate for a proper analysis of the Landlord ’s request. If the Hearing Officer

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so determines, the Hearing Officer shall also determine the anti cipated costs of employing such expert(s). The resulting estimated cost shall be communicated to the Landlord and the Fair Return Petition shall not be processed until the Landlord has paid to the City the estimated cost of the completed analysis. The City will provide the Landlord with an invoice of all costs incurrent after the review of the Fair Return Petition. Any unused portion of the advance payment for analysis shall be refunded to the Landlord. If additional funds are required, payment will be required before the Landlord receives the determination on the Fair Return Petition from the City.

(b) The factors the Hearing Officer may consider in deciding a Fair Return Petition include, but are not limited to, the following:
(1) Changes in the Consumer Price In dex for All Urban Consumers (CPI-U) Series Title: All items in West urban, all urban consumers, not seasonally adjusted published by the Bureau of Labor Statistics arising after commencement of the tenancy.

(2) The pattern of recent Rent increases or decreases.

(3) Changes in property tax or other taxes related to the Controlled Rental Unit arising after commencement of the tenancy.

(4) Unavoidable changes in operating and maintenance expenses arising after commencement of the tenancy.

(5) Substantial deterioration of the Controlled Rental Unit other than as a result of ordinary wear and tear.

(6) Increases or decrease in the number of Tenants occupying the Controlled Rental Unit, living space, furniture, furnishings, equipment, or other Housing Service provided, or occupancy rules.

(7) Failure on the part of the Landlord to provide adequate Housing Services, or to comply with applicable state rental housing laws, local housing health an safety codes, or the Rental Housing Agreement.

(8) Relevant evidence demonstrating that a Landlord, as of the effective date of this Rent Stabilization Ordinance, does not receive a just and reasonable return under the provisions of this Article.

(d) A Fair Return Petition shall be decided by the Hearing Officer within ninety (90) calendar days of the date that the Fair Return Petition has been deemed complete by the City

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Attorney, including submission of proof of service of the Fair Return Petition on the applicable Tenant(s), unless the Landlord has failed to pay all applicable costs associated with the City Attorney, and designees’, review of the Fair Return Petition or an extension of this time has been agreed upon by the Landlord and the Tenant(s). The decision shall be sent by mail and shall be emailed with proof of mailing to the subject Landlord, the Landlord’s designated representative for the Fair Return Petition, the applicable Tenant(s), and the designated representative of the Tenant(s), of any. Any person aggrieved by the decision of the Hearing Officer may appeal to the City Council. On appeal, the City Council shall affirm, reverse, or modify the decision of the Hearing Officer. The decision of the Hearing Officer shall be the final decision of the City in the event of no appeal to the City Council.

Sec. 17-02.08. Petition for Pass Through for Specified Capital Improvements.

(a) Landlord Petition. In addition to the petition process set forth above in section 17-02.07, a Landlord may file on an application form prescribed by the City Attorney for a Capital Improvement Plan, with or without a request for a Pass -Through of certain Capital Improvement costs to Tenants of Rental Units not exempt from rent control by state law, subject to the provisions and limitations set forth in this section, but shall include the actual cost of completed Capital Improvements to the Rental Unit (as distinguished from ordinary repair, replacement, and maintenance or costs attributable to bringing a Rental Unit into compliance with applicable health and safety laws) where such Capital Improvement costs are properly amortized over the life of the improvement. A Landlord may not file a petition pursuant to this subsection until the work on such Capital Improvements has been completed. The City Council may adopt reasonable regulations to govern Capital Improvement standards and applications under this section.

(b) Tenant Financial Hardship. A Tenant may file a hardship application at any time on grounds of financial hardship with respect to any Rent increase based on a Pass -Through to the Tenant of actual costs of capital improvements permitted pursuant to subsection (a) of this section. Payment of such rent increase(s) set forth in the hardship application shall be stayed from the date of filing until a decision is made on the Tenant’s hardship application.

The City Council may adopt reasonably regulations to establish the standa rds for establishing financial hardship and applications under this section.

Sec. 17-02.09. Rent Increase Ineffective; No Waiver.

(a) A Rent increase shall be ineffective if the Landlord:

(1) Fails to comply with all provisions of this Rent Stabilization Ordinance, as may be amended from time-to-time, and with any other applicable policies, regulations, or resolutions concerning Rent including, without limitation, the service of the Tenant with a legally required notice of a Rent increase under this Rent Stabil ization Ordinance or state law, the registration of all Rental Units within the city, and the payment of all Rent program fees set forth in the City’s Fee Schedule; or

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(2) Fails to maintain the residential real property in compliance with California Civil Code section 1941.1 and California Health and Safety Code sections 17920.3 and 17920.10; or

(3) Fails to make repairs ordered by the City or any court of competent jurisdiction.

(b) Any waiver or purported waiver by a Tenant of rights granted under this Article prior to the time when such rights may be exercised, whether oral or written, in or pertaining to a Rental Housing Agreement, shall be void as contrary to public policy.

(c) If a Tenant reasonably believes a Landlord has increased the Tenant’s Rent in violation of this section, the Tenant may submit to the City Attorney a petition to determine compliance for consideration by a Hearing Officer designated by the City Attorney. The Landlord shall have the opportunity to respond to the petition to determine compliance and to participate in the administrative proceeding. The City Attorney shall promulgate regulations to effectuate this section, in addition to those authorized by the Salinas Municipal Code.

Sec. 17-02.10. Notice Requirements.

(a) On or before the date of commencement of a tenancy, the Landlord of any residential real property subject to this Rent Stabilization Ordinance shall deliver to the Tenant written notice of the following in a form prescribed by the City Attorney:

(1) The tenancy is regulated by this Rent Stabilization Ordinance;

(2) The Tenant has a right to submit a complaint to the City pursuant to section 17 -

02.13 or a Rent Reduction Petition pursuant to section 7-02.06 for Rent demanded, accepted, or retained in violation of this Rent Stabilizatio n Ordinance, a reduction in Housing Services, or failure to maintain habitable premises;

(3) The Landlord has a right to respond to any Rent reduction petition filed by the Tenant with the City pursuant to section 17-02.06; and

(4) The Tenant has a right to respond to any Fair Return Petition filed by the Landlord with the City pursuant to section 17-02.07.

(b) At the same time and with any notice to increase Rent, the Landlord must deliver written notice of the following:

(1) The tenancy is regulated by this Rent Stabilization Ordinance; (2) The Tenant has a right to submit a complaint to the City pursuant to the procedures established pursuant to section 17 -02.12 or a Rent Reduction Petition pursuant to section 17-02.06 for Rent demanded, accepted, or retained in violation of this Rent

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Stabilization Ordinance, a reduction in Housing Services, or failure to maintain habitable premises;
(3) The Tenant has a right to respond to any Fair Return Petition filed by the Landlord with the City pursuant to sec. 17-02.07; and
(4) No rent increase is effective unless and until the requirements of this Rent Stabilization Ordinance have been met.

(c) When a Landlord and Tenant have entered into a written Rental Housing Agreement, the Landlord must give notices to the Tenant in the language prim arily used in the Rental Housing Agreement. When a Landlord and Tenant have not entered into a written Rental Housing Agreement, the Landlord must give notices to the Tenant in the language that a Landlord and Tenant used primarily when negotiating the terms of the Tenancy.

(d) Notices provided by a Landlord under this Article shall be in English and Spanish.

Sec. 17-02.11. Judicial Review.

A Landlord or Tenant aggrieved by any action or decision of the City or of the City Council may seek judicial review by appealing to the appropriate court with jurisdiction over the matter.

Sec. 17-02.12. Violations and Remedies.

(a) It shall be unlawful for any person to violate or fail to comply with any provision of this Rent Stabilization Ordinance, or any rule, regulation, or order promulgated, including demanding, accepting, or retaining Rent in excess of the Maximum Allowable Rent in violation of this Rent Stabilization Ordinance or a determination by a Hearing Officer of City Council, and including the provisions ensuring compliance with habitability standards and registration fee requirements.

(b) Any person who violates or aids or incites another person to violate the provisions of this Rent Stabilization Ordinance shall be liable in a civil action for each and every such offense for actual damages suffered by an aggrieved party (including damages for mental or emotional distress); or for statutory damages in the sum of three times the amount by which the payment demanded, accepted, or retained exceeds the Maximu m Allowable Rent, or for statutory damages in the sum of $1,000, whichever is greater; and whatever other relief the court deems appropriate. In the case of an award of damages for mental or emotional distress, said award may be trebled if the trier of fact finds that the person acted in knowing violation of or in reckless disregard of this Rent Stabilization Ordinance. The trier of fact may also award punitive damages to any plaintiff, including the City, in a proper case as defined by California Civil Cod e section 3294. No administrative remedy need be exhausted prior to filing suit pursuant to this subsection.

(c) Any person who is convicted of violating this Rent Stabilization Ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not greater than

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$1,000 or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.

(d) Any person, including the City, may enforce the provisions of this Rent Stabilization Ordinance by means of a civil action. The burden of proof in such cases shall be by preponderance of the evidence. The prevailing party in any civil action brought pursuant to this section shall be entitled to recover reasonable attorney’s fees and costs. A violation of this Rent Stabilization Ordinance may be asserted as an affirmative defense in an unlawful detainer action.

(e) Any person who commits an act, proposes to commit an act, or engages in any pattern and practice that violates this Rent Stabilization Ordinance may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this subsection may be brought by any aggrieved person, by the City Attorney, or by any person or entity who will fairly and adequately represent the interest of the protected class.

(f) This Rent Stabilization Ordinance may be enforced as provided in the Salinas Municipal Code in addition to other remedies provided herein, which shall be in addition to any other existing remedies which may be available.

Sec. 17-02.13. Rent Program Fee.

For the sole purpose of reimbursing the City for the costs of administering this Rent Stabilization Ordinance, there is hereby imposed on each Controlled Rental Unit subject to the provisions of this Rent Stabilization Ordinance, a regulatory fee (“Rent Program Fee ”) to cover the costs to provide and administer the programs created by this article or in such amount as the City Council may establish by resolution from t ime-to-time. Landlords subject to this Rent Stabilization Ordinance shall register all Rental Units subject to this article consistent with the City’s Residential Rental Registration Program (Article I of Chapter 17 of the Salinas Municipal Code) with the City and pay the Rent Program Fee at such time and in such manner as established by City Council resolution. A Landlord may not recover any portion of the Rent Program Fee, or any associated late penalties, from Tenants.

Sec. 17-02.14. Implementation.

The City Manager and the City Attorney shall take or cause to be taken such actions necessary to implement this Rent Stabilization Ordinance and effectuate the intent of the City Council in adopting this Rent Stabilization Ordinance, including the preparatio n of informational materials and forms and promulgation of administrative regulations. The City Manager shall designate a City department to provide information and receive Tenant complaints pertaining to violation of this Rent Stabilization Ordinance. The City Manager and the City Attorney shall publicize this Article so that all residents of Salinas will have the opportunity to become informed about their legal rights and duties under this Article. The City Attorney shall prepare informational materials which fully describe the legal rights and duties of Landlords and Tenants under this Rent Stabilization Ordinance. The informational materials will be available to the public and each

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Tenant of a Rental Unit shall receive a copy of the informational materia ls from their Landlord.

Landlords shall provide the informational materials at the commencement of the tenancy and with each written notice of Rent increase . The informational materials will be made available on the City of Salinas website.

Sec. 17-02.14. Operative Date.

The operative date of the ordinance codified in this Article shall be January 1, 2025.

SECTION 3. All ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict herewith are hereby repealed as of the effective date of this ordinance.

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

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) because it would not have a significant effect on the environment.

Additionally, the City Council’s adoption of this ordinance is exempt because it does not meet the definition of a “project” under CEQA, pursuant to CEQA Guidelines sections 15060(c)(1) and 15378(a), because it has no potential to result in a direct or reasonably foreseeable physical change in the environment.

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 phrase 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 after its adoption.

This Ordinance was INTRODUCED on the 10th day of September 2024, and was PASSED AND ADOPTED on the 24th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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APPROVED:

_________________________________
Andrew Sandoval, Mayor Pro Tempore

APPROVED AS TO FORM:

___________________________________
Christopher A. Callihan, City Attorney

ATTEST:

___________________________________
Patricia M. Barajas, City Clerk

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

AN ORDINANCE ADDING ARTICLE IIB TO CHAPTER 17 OF THE SALINAS

MUNICIPAL CODE RELATED TO JUST CAUSE EVICTION AND TENANT

PROTECTION

City Attorney Impartial Analysis

This Ordinances applies to all Rental Units, except as specifically exempted, and establishes local criteria for just cause evictions and provides additional protections for tenants residing within applicable Rental Units beyond what State law currently provides. The Ordinance requires, among other things, additional notice requirements and the right for tenants to receive three months’ rent as relocation assistance in the event of a no-fault, just cause evictions. The Ordinance provides penalties for failure to comply. The Ordinance is operative on January 1, 2025.

WHEREAS, beginning in October 2023, the City Council began to explore the concepts of rent stabilization and tenant protections. At its meeting on October 24, 2023, the City Council received a report on the Salinas rental housing market and state laws that impact rent control and tenant protection. Following receipt of the report, the City Council directed City staff to develop specific recommendations on rent stabilization and tenant protection strategies, including a rent stabilization and a tenant protection ordinance. The City Council directed that the Housing and Land Use Committee would be the forum through which the City would engage with the community on these ordinances as work progressed and until such time as specific recommendations would come forward to the City Council for consideration; and

WHEREAS, the City Council’s Housing and Land Use Committee first met on March 26, 2024, and received a report on a preliminary draft ordinance which consisted of three components: a rent stabilization ordinance, a tenant protection and just cause eviction ordinance, and a tenant anti - harassment ordinance (“Ordinances”); and

WHEREAS, the housing shortage and rising c osts of living in Monterey County, and Salinas in particular, has detrimentally impacted a substantial number of residents in Salinas; and

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WHEREAS, the majority of households in Salinas are family households (79.3%) and Salinas has a larger proportion of lower income households compared to the rest of Monterey County; and

WHEREAS, the affordability crisis disproportionately affects people of color because these communities are over -represented in the renter population. Salinas residents are predominantly Latinx: As of 2020, 79% of Salinas’ residents were of Latino or Hispanic origin. Latinx residents in Salinas make up larger shares of the renter population than in the city overall; and

WHEREAS, as of November 2022, the average rent for rental units in Salinas was $2,564 per month; and

WHEREAS, average rents for multifamily rental units in Salinas have continually increased at a higher rate compared with the increase in the median income for renter-occupied households, with the exception of 2018 and 2022. Rents in multifamily buildings built before 1995 in Salinas have increased 117% between 2000 and 2024, with an average vacancy of only 3.3%; and

WHEREAS, rents in Salinas have increased an average of 5% each year since 2012, with a spike in rent between 2020 and 2021, with an almost 13% increase, and then resuming regular increase over the past two years. A little more than half of the City ’s renter-occupied households remai n rent-burdened, paying 30% or more of their household income on housing. Rent -burdened households have less money to spend on other essentials like food, transportation, healthcare, and childcare; and

WHEREAS, the cost burden rate in the City is sufficie ntly high to create anxiety about rent increases as the increasing housing rent burden and poverty faced by many residents in the City threatens the health, safety, and welfare of its residents by forcing them to choose between paying rent and providing food, clothing, and medical care for themselves and their families; and

WHEREAS, housing instability threatens the public peace, health, safety, and welfare as eviction from one ’s home can lead to prolonged homelessness; increased residential mobility; loss of community; strain on household finances due to the necessity of paying rental application fees and security deposits; stress and anxiety experienced by those displaced increased commute times and traffic impacts if displaced workers cannot find afforda ble housing within the city in which they work; and interruption of the education of children in the home; and

WHEREAS, eviction creates particular hardships for individuals and households of limited means, given the shortage of affordable housing within Salinas and the region, generally; and

WHEREAS, the housing rent burden and poverty faced by many residents in Salinas threatens the health, safety, and welfare of its residents, particularly when resulting in eviction and displacement.

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Evictions play an impactful role in the lives of low income renter households and can also contribute to poverty through disruptive effects such as job loss, adverse health effects, and negative consequences for children; and

WHEREAS, the Tenant Protection Act of 2019 is a statewide law that requires a landlord to have “just cause” in order to terminate a tenancy, and provides for a series of “at fauly” and “no fault” reasons that a tenant may be evicted, and in the event of a “no fault ” eviction, provide s for relocation assistance equal to one month of rent; and

WHEREAS, the recent spike in the inflation rate has resulted in permissible rent increases of up to 10% under the Tenant Protection Act, which caused some residents to become fearful of needing to relocate for financial reasons; and

WHEREAS, this fear of displacement has been determined to be a threat to the City ’s health and well-being; and

WHEREAS, Salinas residential tenants may be unwilling or unable to assert their legal rights due to such factors as imbalance in bargaining power and concerns of retaliation. The City Coucnil finds that these imbalances in the rental housing market and in the bargaining power of landlords and tenants reduces stability, security, and habitability, which are detrimental to health, safety, and general welfare of Salinas residents; and

WHEREAS, the City Council finds that reasonable regulation of aspects of the residential landlord-tenant relationship is necessary to foster constructive communication, maintain an adequate supply of rental housing units, and protect the health, safety, and general welfare of the public and that there is a lack of adequate protections and remedies in the absence of City regulations; and

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

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Article IIB is hereby added to Chapter 17 of the Salinas Municipal Code to read as follows:

Article IIB. Just Cause Eviction and Tenant Protection.

Sec. 17-02.50. Title; Purpose.

(a) This Article shall be known as the “Just Cause Eviction and Tenant Protection Ordinance.”

(b) It is the purpose and the intent of this Article to provide housing stability in the Salinas rental market and limit adverse impacts on displaced tenants forced to find replacement housing in the expensive and limited Salinas housing market. Pursuant to California Civil Code section 1946.2(g)(1)(B), the City Council hereby makes the following findings: This Article requiring just cause for terminati on of a residential tenancy is consistent with and more protective than California Civil Code section 1946.2. This Article is more protective because it further limits the reasons for termination of a residential tenancy, provides for higher relocation ass istance amounts, and provides additional tenant protections that are not prohibited by any other provision of law. The rights conferred by this Article are in addition to any existing rights provided to Tenants by state or federal law.

Sec. 17-02.51. Definitions.

The following words or phrases as used in this Article shall have the following meanings:

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(a) “Buyout Agreement.” A written agreement where a Landlord pays a Tenant money or other consideration to vacate a Residential Unit.

(b) “Buyout Negotiations.” Any discussion or bargaining, whether oral or written. Between a Tenant and a Landlord regarding the possibility of entering into a Buyout Agreement.

Buyout Negotiations begin upon the Landlord’s initiation of such discussion or bargaining and end at the earliest of the following events: when a Buyout Agreement is executed, when the Tenant vacates their Rental Unit, when the Tenant provides written notice to the Landlord that the Tenant no longer wishes to engage in Buyout Negotiations, or when the Landlord provides written notice to the Tenant that the owner no longer wishes to engage in Buyout Negotiations. A counteroffer by the Tenant does not end Buyout Negotiations.

(d) “Housing Service.” All amenities and services related to the use or occupancy of a Rental Unit and common areas that are provided by the landlord. Housing Services includes without limitation hot and cold water, heat, light, utilities that are paid by the Landlord, painting, elevator service, window shades and screens, refuse removal, janitorial service, maintenance, repairs, replacement, recreational areas (including pools or gyms), kitchen, bath, and laundry facilities, furnishings, storage space, parking (including one or more automobiles), employee services, security services, insurance, the payment of property taxes, and any other benefits or privileges permitted to the Tenant by agreement, whether express or implied, including the right to have a specific number of occupants and the right to one-for-one replacement of roommates, regardless of any prohibition against subletting and/or assignment. Housing Services also includes those basic Housing Services required by California Civil Code §1941.1. Housin g Services includes a proportionate part of services provided to common facilities of the building and Property in which the Rental Unit is contained.

(e) “Landlord.” An owner, lessor, sublessor, or any other person entitled to receive Rent for the use and occupancy of any Rental Unit, or any agent, representative, or successor of any of the foregoing.

(f) “Primary Residence.” Occupancy which does not require that the individual be physically present in the unit at all times or continuously, but the unit must be the individual’s usual place of return. Indicia of primary residence include:

(1) The individual carries on basic living activities at the subject premises for extended periods;

(2) The subject premises are listed with other public agencies, including federal, state, and local taxing authorities as their primary residence;

(3) Utilities are billed to and paid by the individual at the subject premises;

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(4) Homeowner’s tax exemption for the individual has not been filed for a different property;

(5) The occupant is not registered to vote at any other location;

(6) Ownership must be held in the same name of the individual claiming primary residence and not held by a limited liability company or other corporate structure; and

(7) Other relevant factors illustrating primary residence.

(g) “Property.” All Rental Units on a parcel or lot or contiguous parcels or contiguous lots under common ownership.

(h) “Rent” means all periodic payments and all nonmonetary consideration including, but not limited to, the fair market value of goods, labor performed or services rendered to or for the benefit of the Landlord under a Rental Housing Agreement, as defined in this section, concerning the use or occupancy of a Rental Unit and premises, including all payment and consideration demanded or paid for parking, utilities, pets, furniture, subletting, and security deposits for damages and cleaning.

(i) “Rental Housing Agreement.” An agreement, oral, written, or implied, between a Landlord and Tenant, for use or occupancy of a Rental Unit and for Housing Services.

(j) “Recognized Tenant Organization” means any group of tenants residing in rental units in the same building or in different buildings operated by the same management co mpany, agent, or landlord, who choose to be so designated.

(k) “Rental Unit.” Any building, structure, or part thereof, or land appurtenant thereto, or any other rental Property rented or offered for Rent for residential purposes, including any dwelling or unit in a mobilehome park, together with all Housing Services connected with the use of occupancy of such Property such as common areas and recreational facilities held out for use by the Tenant.

(l) “Tenant.” A tenant, subtentant, lessee, sublessee, or any other person entitled under the term of a Rental Housing Agreement to the use of occupancy of any Rental Unit.

(m) “Utility Charges.” Any charges for gas, electricity, water, cable, or internet.

Sec. 17-02.52. Applicability; Exemptions.

(a) Applicability of this Article. This Article applies to all residential Rental Units, except for those units that are exempted.

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(b) Exemptions from this Article. The following residential Rental Units are exempt from all provisions of this Article:

(1) A unit in a hotel, motel, inn, tourist home, or rooming and boarding house which is rented primarily to transient guests for a period of twenty -eight (28) consecutive calendar days or less, counting portions of calendar days as full days and other transient occupancies as defined in California Civil Code section 1940(b).

This exemption does not apply, however, to the following:
(A) A Tenant who has lived at the property for more than thirty (30) consecutive calendar days;

(B) A Tenant who has entered into a Rental Housing Agreement to lea se a Rental Unit for thirty (30) days or more; or

(2) Rental Units in a hospital, convent, monastery, extended medical care facility, non- profit home for the aged, or dormitory as defined in California Building Code section 202 that is solely owned and operated by an accredited institution of higher education.

(3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive.

(4) Housing accommodations in which the Tenant shares a bathroom or kitchen facilities with the owner who maintains their P rimary Residence at the residential rental property.

(5) Single-family owner -occupied residences which the owner maintains as th eir Primary Residence, including a residence in which the owner -occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or junior accessory dwelling unit.

Sec. 17-02.53. Just Cause Required for Termination of Tenancy.

No Landlord shall take action to terminate any residential tenancy including, but not limited to, making a demand for possession of a Rental Unit threatening to terminate a residential tenancy verbally or in writing, serving any notice to quit or other eviction notice, or bringing any action to recover possession or be granted recovery of possession of a Rental Unit without just cause. For purposes of this Article, just cause includes at-fault and no-fault just cause.

(a) At Fault Just Cause. At Fault Just Cause is any of the following:

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(1) Failure to Pay Rent. The Tenant has failed to pay the Rent which the Landlord is legally entitled under the Rental Housing Agreement, this Article, or any other local law. However, this subsection shall not constitute grounds for eviction where the Tenant has withheld Rent pursuant to applicable law or where the amount of Rent demanded is less than one (1) month of fair market Rent for a unit of equivalent size in the Salinas metro area as determine d by the U.S. Department of Housing and Urban Development.

(2) Breach of Lease. The Tenant has continued, after written notice to cease, to substantially violate any of the material terms of the Rental Housing Agreement, except the obligation to surrender pos session on proper notice as required by law, and provided such terms are reasonable and legal and have been accepted in writing by the Tenant or made a part of the Rental Housing Agreement; and provided further, that, where such terms have been accepted by the Tenant or made a part of the Rental Housing Agreement subsequent to the initial creation of the tenancy, the Landlord shall have first noticed the Tenant in writing that he or she need not accept such terms or agree to their being made part of the Rental Housing Agreement.

(A) Notwithstanding nay contrary provision in this section, a Landlord shall not take any action to terminate a tenancy based on a Tenant ’s sublease of the Rental Unit if the following requirements are met:

(i) The Tenant continues to reside in the Rental Unit as his, her, or their primary residence;

(ii) The sublease replaces one or more departed tenants under the Rental Housing Agreement on a one-for-one basis; and

(iii) The Landlord has unreasonably withheld the right to sublease following written request by the Tenant. If the Landlord fails to respond to the Tenant in writing within fourteen (14) days of receipt of the Tenant’s written request, the Tenant’s request shall be deemed approved by the Landlord. A Landlord ’s reasonable refusal of the Tenant’s written request may not be based on the proposed additional occupant’s lack of creditworthiness, if that person will not be legally obligated to pay some or all of the Rent to the Landlord. A Landlord’s reasonable refusal of the Tenant’s written request may be based on, but is not limited to, the ground that the total number of occupants in a Rental Unit exceeds the maximum number of occupants as determined under Section 503(b) of the Uniform Housing Code as incorporated by
California Health and Safety Code section 17922.

(B) Protections for Families. Notwithstanding any contrary provision in this section, a Landlord shall not endeavor to recover possession of a Rental

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Unit as a result of the addition to the Rental Unit of t he Tenant’s child, parent, grandchild, grandparent, brother or sister, or the spouse or domestic partner (as defined in California Family Code section 297) of such relatives, or as a result of the addition of the spouse or domestic partner of the Tenant, so long as the number of occupants does not exceed the maximum number of occupants as determined under section 503(b) of the Uniform Housing Code as incorporated by California Health and Safety Code section 17922.

(C) Before endeavoring to recover possession based on the violation of a legal obligation or covenant of tenancy regarding subletting or limits on the number of occupants in the Rental Unit, the Landlord shall serve the Tenant a written notice of the violation that provides the Tenant with a minimum of fourteen (14) days’ opportunity to cure the violation. The Tenant may cure the violation by making a written request to add occupants referenced in subsection (2)(A)(iii) of this section or by using other reasonable means to cure the violation including, but not limited to, the removal of any additional or unapproved occupant. Nothing in this subsection is intended to limit any other rights or remedies that the law otherwise provides to Landlords or to Tenants.

(3) Nuisance. The Tenant has continued, after the Landlord has served the Tenant with a written notice to cease, to commit or expressly permit a nuisance in, or cause substantial damage to the Rental Unit.

(4) Waste. The committing of waste as described in California Code of Civil Procedure section 116(4), as may be amended.

(5) Criminal Activity; Criminal Threats. Criminal activity by the Tenant on the residential rental property, including any common areas associated with the residential rental property. A criminal threat, as defined in California Penal Cod e section 422(a), as may be amended, by the Tenant regardless of where made directed at the Landlord or any other Tenant of the residential rental property.

(6) Assignment or Subletting in Violation of the Rental Housing Agreement. The Tenant’s assignment or sublet of the residential rental property in violation of the Tenant’s lease, as described in Section 17-02.53(a)(2)(A).

(7) Failure to Give Access. The Tenant h as continued to refuse without good cause, after the Landlord has served the Tenant with a written notice, to grant the Landlord reasonable access to the Rental Unit for the purposes of showing the Rental Unit to prospective purchasers, renters, or mortgag ees, or making necessary repairs or improvements required by federal, state, or local laws. This shall include inspections by the City and other inspections needed so that the Landlord may comply with such laws. Unless due to a documented emergency affecting the Tenant’s health and/or safety, all repair or improvement work will be scheduled in

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compliance with applicable City regulations. To terminate a tenancy under this subsection, a Landlord must show that written notice was provided to the Tenant and all necessary repair or improvement work was scheduled in compliance with this subsection and all applicable City regulations. Landlords may not use lock - boxes on occupied Rental Units.

(8) Illegal Purpose. The Tenant is convicted of using or expressly permitting the Rental Unit to be used for any illegal purpose. Residing in a Rental Unit that lacks a certificate of occupancy, has not been approved by the City for residential use, or that has been cited for housing, building, or Zoning Code violations d oes not constitute use of the premises for an illegal purpose.

(b) No Fault Just Cause. No Fault Just Case is any of the following actions taken by the Landlord in good faith, meaning the Landlord acts without ulterior motives and with honest intent.

(1) Owner Move-In. The Landlord seeks to recover possession in good faith for use and occupancy as a Primary Residence by the Landlord or the Landlord ’s spouse, domestic partner, child (by blood or adoption), grandchild (by blood or adoption), parent, or grandparent.

(A) For Rental Housing Agreements entered into on or after the Operative Date of this Article, this subsection (b)(1) shall only apply if the Tenant agrees to termination in writing or if the Rental Housing Agreement expressly allows the Landlord to terminat e the Rental Housing Agreement if the Landlord unilaterally decides to occupy the residential rental property for the Landlord, or their spouse, domestic partner, child (by blood or adoption), grandchild (by blood or adoption), parent, or grandparent.

(B) Landlord, as used in this subsection, shall only include a Landlord that is a natural person who has at least fifty -one (51) percent recorded ownership interest in the property.

(C) The notice terminating tenancy shall contain the name, address or primary residence, and relationship to the Landlord of the person intended to occupy the Rental Unit, a list of all real property owned by each intended future occupant, and the address of the real property, if any, on which each intended future occupant claims a homeowner’s property tax exemption.

(D) The Landlord or enumerated relative must intend in good faith to move into the Rental Unit within ninety (90) days after the Tenant vacates and occupy the Rental Unit as a primary residence for at least thirty-six (36) consecutive months.

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(E) If the Landlord or enumerated relative specified in the notice terminating tenancy fails to occupy the unit for at least a thirty -six (36) consecutive month period, or fails to occupy the Rental Unit within ninety (90) days after the Tenant vacates, the Landlord shall:

(i) Offer the Rental Unit to the Tenant who vacated it at the same Rent and the same terms in effect at the time the Tenant vacated; and

(ii) Pay to said Tenant all reasonable expenses incurred in moving to and from the Rental Unit, including the lease termination fees.

This subsection does not limit any other remedies a Tenant may have under this Article or other applicable law.

(F) No eviction may take place for an “owner move in” if the same Landlord or enumerated relative already occupies a Rental Unit on the Property, or if a vacancy already exists on the Property. Once a Landlord or enumerated relative has successfully recovered possession of a Rental Unit for an “owner move in ” pursuant to this section, no other current Landlo rds or enumerated relatives may recover possession of any other Rental Unit in the building under this section. Only one (1) specific unit per building may undergo an eviction under this section. Any future evictions taking place in the same building under this section must be of that same unit. At all times a Landlord may request a reasonable accommodation if the Landlord or enumerated relative is disabled or another unit is necessary to accommodate the person’s disability.

(G) The Landlord may not recover possession for an “owner move-in” pursuant to this section if a comparable unit, owned by the Landlord and located within the city of Salinas, was, at the time of the Landlord’s decision to seek to recover possession of the Rental Unit, already vacant and available, or if a comparable unit, owned by the Landlord in the city of Salinas, thereafter becomes vacant at any time until the earlier of the Tenant ’s surrender of possession of the premises or the entry of a judgment of a court of competent jurisdiction awarding possession of the premises to the Landlord.

In an action by or against the Tenant, evidence that a comparable unit was vacant and available within ninety (90) days prior to the date of a notice terminating the Tenant’s tenancy shall create a pres umption that such unit was vacant and available at the time of the Landlord ’s decision to seek to recover possession of the premises. “Presumption” means that the court must find the existence of the presumed fact unless and until the contrary is proven by a preponderance of the evidence.

(2) Temporarily Vacate in Order to Undertake Substantial Repairs; Demolition.

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(A) The Landlord, after having obtained all necessary permits from the City and other governmental agencies, seeks in good faith to demolish or to undertake substantial repairs which are necessary to bring the Property into compliance with applicable codes and laws affecting the health and safety of Tenants of the building or where necessary under an outstanding notice of code violations affecting the health and safety of Tenants of the building, and where such repairs cannot be completed while the Tenant resides on the Property. For purposes of this section, “substantially remodel” means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as a substantial remodel.

(i) The Landlord shall give written notice to the Tenant at least thirty (30) days prior to the proposed date of commencement of such substantial repair which notice shall include a description of the r epairs to be completed and the approximate expected duration of the repairs, together with a copy of the permit(s) required or, if the substantial remodel does not req uire any permit, a copy of the signed contract with the contractor hired by the Landlord to complete the substantial repairs that reasonably details the work that will be undertaken.

(B) Where such repairs can be completed in a period of sixty (60) or fewer days, and the Tenant agrees in writing to vacate the premises during the period required to complete the repairs, the Landlord may not recover possession pursuant to this section unless the Tenant shall fail or refuse to vacate the premises in accordance with such agreement.

(C) Where the Landlord owns any other residential Rental Units in the city of Salinas, and such Rental Unit is vacant and available at the time of service of the written notice terminating the tenancy, or ay any other time thereafter until the earlier of the Tenant ’s vacating the premises or the entry of a judgment by a court of competent jurisdiction awarding possession of the premises to the Landlord, the Landlord shall, as a condition of obtaining possession pursuant to this subsection no tify the Tenant in writing of the existence and address of such vacant Rental Unit and offer the Tenant the right, at the Tenant’s option:

(i) To enter into a Rental Housing Agreement (to be designated as a “temporary housing agreement”) on any available Rental Unit which the Tenant may choose, at a Rent not to exceed the lesser

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of the lawful Rent which may be charged for such available Rental Unit or the lawful Rental in effect, at the time of the notice of termination of tenancy, on the unit being vacated, said Rental Housing Agreement to be for a term of the lesser of ninety (90) days or until completion of repairs on the Rental Unit being vacated by the Tenant;

(ii) To enter into a new Rental Housing Agreement for such available Rental Unit at a Rent not to exc eed the lawful Rent which may be charged for such available Rental Unit.

(D) Where the Landlord recovers possession under this subsection the Tenant must be given the right of first refusal to re -occupy the Rental Unit upon completion of the reconstruction or the required work.

Sec. 17-02.54. Requirements Upon Termination of Tenancy.

(a) Requirements Upon Termination of Tenancy for At Fault Just Cause. If a Landlord issues a termination notice for at fault just cause, the Landlord shall do the following:

(1) Notice to Tenant. Before a Landlord issues a notice to terminate a tenancy for at fault just cause that is a curable lease violation, the Landlord shall first give written notice of the violation within a reasonable time period prior to serving a notice to terminate tenancy, with a minimum of ten (10) days ’ opportunity to cure the violation, and shall inform the Tenant that a failure to cure may result in the initiation of eviction proceedings, including a description of the violation and an opportunity to cure the violation. The notice shall also include any information necessary to determine the date, time, place, witnesses present, and other circumstances concerning the reason for the notice. The ten (10) day written warning notice requirement shall not a pply if the Landlord is seeking to recover possession based on the Tenant causing or creating an imminent risk of physical harm to persons or property.

(2) Additional Notice to Tenant. The Landlord shall give written notice to the Tenant at least thirty (30) or sixty (60) days prior to the proposed date of termination as required by California Civil Code section 1946.1, as may be amended, in no less than 12-point font. The written notice shall contain the following:

(A) The Landlord shall provide a descripti on of the basis for the termination. In any notice purporting to terminate a tenancy the Landlord shall state the cause for the termination, and in any action brought to recover possession of a Rental Unit, the Landlord shall allege and prove compliance wi th this section and that the Landlord seeks to recover possession of the Rental Unit with good faith, honest intent, and with no ulterior motive for the reason stated in the termination notice.

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(b) Requirements Upon Termination of Tenancy for No Fault Just Cause. If a Landlord issues a termination notice for no fault just cause, the Landlord shall do the following:

(1) Notice to Tenant. The Landlord shall give written notice to the Tenant at least thirty (30) or sixty (60) days prior to the proposed date of termi nation as required by California Civil Code section 1946.1, as may be amended, in no less than 12-point font. The written notice shall contain the following:

(A) The Landlord shall provide a description of the basis for the termination. In any notice purporti ng to terminate a tenancy the Landlord shall state the cause for the termination, and in any action brought to recover possession of a Rental Unit, the Landlord shall allege and prove compliance with this section and that the Landlord seeks to recover possession of the Rental Unit with good faith, honest intent, and with no ulterior motive for the reason stated in the termination notice.

(B) The notice shall state the Tenant’s right to relocation assistance by a direct payment to the Tenant.

(C) The notice shall state the Tenant ’s right to receive an offer to renew the tenancy and thirty (30) days to accept the offer in the event the residential Rental Unit is offered again for rent or lease for residential purposes within five (5) years of the date the Tenant was evicted under Section 17-02.53(b) and that to exercise such right, the Tenant:

(i) Shall notify the Landlord in within thirty (30) days of the termination notice of the Tenant ’s desire to receive an offer to renew the tenancy;

(ii) Provide the Landlord a mailing address or email address for the Landlord to send the offer; and

(iii) Provide the Landlord a change of mailing address or email address.

Rent shall be the Rent lawfully paid by the Tenant at the time the Landlord gave notice to vacate plus any lawful adjustment under the Rent Stabilization Ordinance. The terms of the Rental Housing Agreement shall be the same terms in effect as of the date of the notice to vacate. All notices of termination of tenancy served under this section shall state the lawful Re nt in effect at the time of termination of tenancy.

(2) Filing Termination Notices with the City. The Landlord shall file with the City Attorney a copy of any notice of terminating tenancy upon a Tenant and any

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Salinas City CouncilSeptember 24, 2024

Salinas City Council
September 24, 2024