Expenditures 25-26 26-27 27-28 28-29 29-30 30-31 Total
63.5010 - Professional Svcs 81,200 81,200 81,200 81,200 81,200 81,200 487,200 Total 81,200 81,200 81,200 81,200 81,200 81,200 487,200 Funding Sources 25-26 26-27 27-28 28-29 29-30 30-31 Total 2510 - Measure X Transporation & Safety 50,000 50,000 50,000 50,000 50,000 50,000 300,000 2301 - Development Fees-Sewer & Storm 31,200 31,200 31,200 31,200 31,200 31,200 187,200 Total 81,200 81,200 81,200 81,200 81,200 81,200 487,200 63 Asset
Management
CCTV
25-26 thru 30-31
Capital Improvement Plan
Salinas, CA
Project # 9288
Project Name Asset Management CCTV
Contact Heidi Niggemeyer Department 50 - Public Works
Type Storm Sewer Category Storm Sewer (NPDES)
Priority 2 Medium/Important Start Date 07/01/20
Completion Date On Going Council District City-Wide
Description
Evaluate condition of 30,000 linear feet of SW piping annually via CCTV or other equivalent method.
Justification
NPDES Permit Requirement - Asset Management.
Expenditures 25-26 26-27 27-28 28-29 29-30 30-31 Total
63.5900 - Other Prof Svcs 58,000 58,000 58,000 58,000 58,000 58,000 348,000 Total 58,000 58,000 58,000 58,000 58,000 58,000 348,000 Funding Sources 25-26 26-27 27-28 28-29 29-30 30-31 Total 2401 - Gas Tax 58,000 58,000 58,000 58,000 58,000 58,000 348,000 Total 58,000 58,000 58,000 58,000 58,000 58,000 348,000 64 No
Parking/Street
Sweeping
Signage
Program
25-26 thru 30-31
Capital Improvement Plan
Salinas, CA
Project # 9292
Project Name No Parking/Street Sweeping Signage Program Contact Heidi Niggemeyer Department 50 - Public Works
Type Storm Sewer Category Storm Sewer (NPDES)
Priority 2 Medium/Important Start Date 07/01/24
Completion Date On Going Council District City-Wide
Description
Implement "No Parking - Street Sweeping" signage on high priority sweeping routes throughout the City as per the NPDES Permit requirement.
Justification
Implementation of a street sweeping program is required as part of the City's MS4 permit.
Expenditures 25-26 26-27 27-28 28-29 29-30 30-31 Total
63.5900 - Other Prof Svcs 400,000 400,000 400,000 400,000 400,000 400,000 2,400,000 Total 400,000 400,000 400,000 400,000 400,000 400,000 2,400,000 Funding Sources 25-26 26-27 27-28 28-29 29-30 30-31 Total 2510 - Measure X Transporation & Safety 400,000 400,000 400,000 400,000 400,000 400,000 2,400,000 Total 400,000 400,000 400,000 400,000 400,000 400,000 2,400,000 65 Cesar
Chavez
Park
Dry
Basin
System
Repair
25-26 thru 30-31
Capital Improvement Plan
Salinas, CA
Project # 9359
Project Name Cesar Chavez Park Dry Basin System Repair
Contact Heidi Niggemeyer Department 50 - Public Works
Type Storm Sewer Category Storm Sewer (NPDES)
Priority 2 Medium/Important Start Date 07/01/26
Completion Date 12/31/31 Council District 4
Description
Repair of dry basin drainage system.
Justification
Cesar Chavez Park Dry Basins are the largest stormwater structural BMP in the City and treats 850 acres of impervious area. Initial inspection revealed inlets that did not get built and several other inlets and lines broken or plugged.
Expenditures 25-26 26-27 27-28 28-29 29-30 30-31 Total
63.6010 - Other Outside Svc 100,000 0 0 0 0 0 100,000
Total 100,000 0 0 0 0 0 100,000
Funding Sources 25-26 26-27 27-28 28-29 29-30 30-31 Total 1100 - Measure E 100,000 0 0 0 0 0 100,000
Total 100,000 0 0 0 0 0 100,000
66 Storm
Sewer
Infrastructure
Improvements
25-26 thru 30-31
Capital Improvement Plan
Salinas, CA
Project # 9735
Project Name Storm Sewer Infrastructure Improvements
Contact Heidi Niggemeyer Department 50 - Public Works
Type Storm Sewer Category Storm Sewer (NPDES)
Priority 2 Medium/Important Start Date 07/01/98
Completion Date On Going Council District City-Wide
Description
Storm Sewer Line in conjunction with 2004 CDM Storm Sewer Master Plan and other as-needed storm sewer line replacements. Design and install larger inlets at various locations per Priority 2-6 Improvements recommendation from Table 5-1 of the 2004 Storm Sewer Master Plan. Also includes construction of storm main line and storm inlets on E. Laurel Drive from Highway 101 to Main Street.
Justification
This project is funded entirely through the Development Fees Fund for Storm Sewer.
Expenditures 25-26 26-27 27-28 28-29 29-30 30-31 Total
66.4000 - Improvements 100,000 454,000 555,000 555,000 555,000 555,000 2,774,000 Total 100,000 454,000 555,000 555,000 555,000 555,000 2,774,000 Funding Sources 25-26 26-27 27-28 28-29 29-30 30-31 Total 2301 - Development Fees-Sewer & Storm 100,000 454,000 555,000 555,000 555,000 555,000 2,774,000 Total 100,000 454,000 555,000 555,000 555,000 555,000 2,774,000 67 (This page intentionally left blank)
68 25-26 through 30-31
Capital Improvement Plan
Salinas, CA
Projects By Category
Category Project # Priority 25-26 26-27 27-28 28-29 29-30 30-31 Total Street Maintenance
Striping and Signing
Improvements at City Streets 9081 1 300,000 300,000 200,000 200,000 200,000 200,000 1,400,000 Annual Pavement And Sidewalk
Maintenance 9438 1 1,675,000 1,675,000 1,675,000 1,675,000 1,675,000 1,675,000 10,050,000 ADA Transition Plan & Curb
Ramps-City Wide 9618 1 1,000,000 1,000,000
Sidewalk & Drainage
Improvements
9720 1 1,750,000 750,000 750,000 750,000 750,000 750,000 5,500,000 Street Preventive Maintenance
Program
9981 2 9,500,000 5,500,000 5,500,000 5,500,000 5,500,000 5,500,000 37,000,000 Street Maintenance Total 14,225,000 8,225,000 8,125,000 8,125,000 8,125,000 8,125,000 54,950,000 GRAND TOTAL 14,225,000 8,225,000 8,125,000 8,125,000 8,125,000 8,125,000 54,950,000 69 Striping
and
Signing
Improvements
at
City
Streets
25-26 thru 30-31
Capital Improvement Plan
Salinas, CA
Project # 9081
Project Name Striping and Signing Improvements at City Streets Contact Adriana Robles Department 50 - Public Works
Type Roadways Category Street Maintenance
Priority 1 High/Necessary Start Date 07/01/18
Completion Date On Going Council District City-Wide
Description
The striping of City streets has faded as street repair scheduled have been delayed. As a result, street center lines, crosswalks and other pavement markings that help contribute to street safety are in need of updating.
Justification
Provides funding to update street paving and signs at critical locations. This striping project is for those streets that need safety striping but are not part of pavement improvements. Updating striping and signing supports the City Vision Zero Policy.
Expenditures 25-26 26-27 27-28 28-29 29-30 30-31 Total
66.4000 - Improvements 250,000 250,000 150,000 150,000 150,000 150,000 1,100,000
64.1000 - Admin Overhead 30,000 30,000 30,000 30,000 30,000 30,000 180,000
61.9992 - Regular Pay CIP 20,000 20,000 20,000 20,000 20,000 20,000 120,000 Total 300,000 300,000 200,000 200,000 200,000 200,000 1,400,000 Funding Sources 25-26 26-27 27-28 28-29 29-30 30-31 Total 2511 - SB1 Road Maintenance & Rehab 300,000 300,000 200,000 200,000 200,000 200,000 1,400,000 Total 300,000 300,000 200,000 200,000 200,000 200,000 1,400,000 70 Annual
Pavement
And
Sidewalk
Maintenance
25-26 thru 30-31
Capital Improvement Plan
Salinas, CA
Project # 9438
Project Name Annual Pavement And Sidewalk Maintenance
Contact Marcos Quintero Department 50 - Public Works
Type Maintenance Category Street Maintenance
Priority 1 High/Necessary Start Date 07/01/95
Completion Date On Going Council District City-Wide
Description
The City has an ongoing pavement maintenance program to reseal City streets. The resurfacing of streets prolongs the life of the streets by decreasing deterioration. Maintenance staff will patch/repair and crack seal streets and repair sidewalks.
Justification
Maintenance provides patch and repair and sidewalk repairs throughout the City.
Expenditures 25-26 26-27 27-28 28-29 29-30 30-31 Total
62.6000 - Street Materials 1,675,000 1,675,000 1,675,000 1,675,000 1,675,000 1,675,000 10,050,000 Total 1,675,000 1,675,000 1,675,000 1,675,000 1,675,000 1,675,000 10,050,000 Funding Sources 25-26 26-27 27-28 28-29 29-30 30-31 Total 2511 - SB1 Road Maintenance & Rehab 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 9,000,000 2401 - Gas Tax 175,000 175,000 175,000 175,000 175,000 175,000 1,050,000 Total 1,675,000 1,675,000 1,675,000 1,675,000 1,675,000 1,675,000 10,050,000 71 ADA
Transition
Plan
&
Curb
RampsCity
Wide
25-26 thru 30-31
Capital Improvement Plan
Salinas, CA
Project # 9618
Project Name ADA Transition Plan & Curb Ramps-City Wide Contact Adriana Robles Department 50 - Public Works
Type Improvement Category Street Maintenance
Priority 1 High/Necessary Start Date 07/01/10
Completion Date On Going Council District City-Wide
Description
Prepare an ADA transition plan for City owned facilities; sidewalks and curb ramps throughout the City. Prepare a survey of the condition of each location, prepare a cost, and a plan to fund and schedule to construct. Plan to be approved by City Council. Includes construction of ADA curb ramps throughout the City.
Justification
Gas Tax funds can only be used on Transportation oriented ADA projects.
Expenditures 25-26 26-27 27-28 28-29 29-30 30-31 Total
66.4000 - Improvements 1,000,000 0 0 0 0 0 1,000,000
Total 1,000,000 0 0 0 0 0 1,000,000
Funding Sources 25-26 26-27 27-28 28-29 29-30 30-31 Total 2401 - Gas Tax 1,000,000 0 0 0 0 0 1,000,000
Total 1,000,000 0 0 0 0 0 1,000,000
72 Sidewalk
&
Drainage
Improvements
25-26 thru 30-31
Capital Improvement Plan
Salinas, CA
Project # 9720
Project Name Sidewalk & Drainage Improvements
Contact Adriana Robles Department 50 - Public Works
Type Improvement Category Street Maintenance
Priority 1 High/Necessary Start Date 07/01/95
Completion Date On Going Council District City-Wide
Description
Repair of damaged curbs, gutters, sidewalks, and driveway approaches throughout the City damaged by City trees within the street right-of-way.
Justification
Citywide sidewalk and gutter repair to meet ADA requirements, in accordance with the ADA Transition Plan.
Expenditures 25-26 26-27 27-28 28-29 29-30 30-31 Total
66.4000 - Improvements 1,630,000 630,000 630,000 630,000 630,000 630,000 4,780,000
63.5400 - Engineering Svcs 65,000 65,000 65,000 65,000 65,000 65,000 390,000
64.1000 - Admin Overhead 50,000 50,000 50,000 50,000 50,000 50,000 300,000
63.6010 - Other Outside Svc 5,000 5,000 5,000 5,000 5,000 5,000 30,000 Total 1,750,000 750,000 750,000 750,000 750,000 750,000 5,500,000 Funding Sources 25-26 26-27 27-28 28-29 29-30 30-31 Total 2510 - Measure X Transporation & Safety 750,000 750,000 750,000 750,000 750,000 750,000 4,500,000 2401 - Gas Tax 1,000,000 0 0 0 0 0 1,000,000
Total 1,750,000 750,000 750,000 750,000 750,000 750,000 5,500,000 73 Street
Preventive
Maintenance
Program
25-26 thru 30-31
Capital Improvement Plan
Salinas, CA
Project # 9981
Project Name Street Preventive Maintenance Program
Contact Adriana Robles Department 50 - Public Works
Type Roadways Category Street Maintenance
Priority 2 Medium/Important Start Date 07/01/10
Completion Date On Going Council District City-Wide
Description
Pavement preventive maintenance limits and striping within City street limits. Treatment may include pavement rehabilitation, FDR, patch/repair, crack seal, slurry, chip seal.
Justification
Local agencies must have and maintain a Street Rehab Program to qualify for Federal, State and Measure X funds.
Expenditures 25-26 26-27 27-28 28-29 29-30 30-31 Total
66.4000 - Improvements 9,100,000 5,100,000 5,100,000 5,100,000 5,100,000 5,100,000 34,600,000
63.6010 - Other Outside Svc 250,000 250,000 250,000 250,000 250,000 250,000 1,500,000
63.5400 - Engineering Svcs 100,000 100,000 100,000 100,000 100,000 100,000 600,000
64.1000 - Admin Overhead 50,000 50,000 50,000 50,000 50,000 50,000 300,000 Total 9,500,000 5,500,000 5,500,000 5,500,000 5,500,000 5,500,000 37,000,000 Funding Sources 25-26 26-27 27-28 28-29 29-30 30-31 Total 2510 - Measure X Transporation & Safety 6,500,000 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 19,000,000 2511 - SB1 Road Maintenance & Rehab 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 15,000,000 2401 - Gas Tax 500,000 500,000 500,000 500,000 500,000 500,000 3,000,000 Total 9,500,000 5,500,000 5,500,000 5,500,000 5,500,000 5,500,000 37,000,000 74 25-26 through 30-31
Capital Improvement Plan
Salinas, CA
Projects By Category
Category Project # Priority 25-26 26-27 27-28 28-29 29-30 30-31 Total Traffic Signals
ADA Traffic Signal Upgrades 9253 1 50,000 50,000 50,000 50,000 50,000 50,000 300,000 Traffic Signal Installations and
Upgrades 9654 2 570,000 570,000 570,000 570,000 570,000 570,000 3,420,000 Traffic Signals Total 620,000 620,000 620,000 620,000 620,000 620,000 3,720,000 GRAND TOTAL 620,000 620,000 620,000 620,000 620,000 620,000 3,720,000 75 ADA
Traffic
Signal
Upgrades
25-26 thru 30-31
Capital Improvement Plan
Salinas, CA
Project # 9253
Project Name ADA Traffic Signal Upgrades
Contact Adriana Robles Department 50 - Public Works
Type Equipment Category Traffic Signals
Priority 1 High/Necessary Start Date 07/01/17
Completion Date On Going Council District City-Wide
Description
Upgrade traffic signals to meet ADA standards with pushbuttons, audible signals, and various ADA upgrades. Design and construct in alternating years.
Justification
The Americans Disability Act obligates Local Agencies to budget and schedule deficient ADA infrastructure in City right-of-way.
Expenditures 25-26 26-27 27-28 28-29 29-30 30-31 Total
66.4000 - Improvements 26,000 26,000 50,000 50,000 50,000 50,000 252,000
63.5400 - Engineering Svcs 14,000 14,000 0 0 0 0 28,000
61.9992 - Regular Pay CIP 10,000 10,000 0 0 0 0 20,000
Total 50,000 50,000 50,000 50,000 50,000 50,000 300,000 Funding Sources 25-26 26-27 27-28 28-29 29-30 30-31 Total 2401 - Gas Tax 50,000 50,000 50,000 50,000 50,000 50,000 300,000 Total 50,000 50,000 50,000 50,000 50,000 50,000 300,000 76 Traffic
Signal
Installations
and
Upgrades
25-26 thru 30-31
Capital Improvement Plan
Salinas, CA
Project # 9654
Project Name Traffic Signal Installations and Upgrades
Contact Adriana Robles Department 50 - Public Works
Type Equipment Category Traffic Signals
Priority 2 Medium/Important Start Date 07/01/00
Completion Date On Going Council District City-Wide
Description
Upgrades to traffic signals and RRFBs, including controllers, cabinets, opticom, APS, iCCUs, video detection, leading pedestrian phases, LED beacons, and communication upgrades.
Justification
Traffic signal technology changes to improve safety and efficiency. This CIP allows necessary upgrades to existing signal system. This CIP includes the installation of new pedestrian countdowns, improved detection, battery back-up units, new cabinets to allow additional safety features at signalized intersections.
Expenditures 25-26 26-27 27-28 28-29 29-30 30-31 Total
66.5400 - Equipment 300,000 300,000 300,000 300,000 300,000 300,000 1,800,000
63.5400 - Engineering Svcs 160,000 160,000 160,000 160,000 160,000 160,000 960,000
66.4000 - Improvements 110,000 110,000 110,000 110,000 110,000 110,000 660,000 Total 570,000 570,000 570,000 570,000 570,000 570,000 3,420,000 Funding Sources 25-26 26-27 27-28 28-29 29-30 30-31 Total 2401 - Gas Tax 570,000 570,000 570,000 570,000 570,000 570,000 3,420,000 Total 570,000 570,000 570,000 570,000 570,000 570,000 3,420,000 77 (This page intentionally left blank)
78 25-26 through 30-31
Capital Improvement Plan
Salinas, CA
Projects By Category
Category Project # Priority 25-26 26-27 27-28 28-29 29-30 30-31 Total Urban Forestry
North/East Maint Improvement
District 9053 3 10,000 15,000 15,000 15,000 15,000 15,000 85,000 Vista Nueva Subdivision
Improvements
9056 2 10,000 15,000 15,000 15,000 15,000 15,000 85,000 Monte Bella Subdivision
Improvements
9120 2 611,000 561,000 561,000 561,000 561,000 561,000 3,416,000 Street Median Landscaping 9775 2 50,000 50,000 50,000 50,000 50,000 50,000 300,000 Urban Forestry Total 681,000 641,000 641,000 641,000 641,000 641,000 3,886,000 GRAND TOTAL 681,000 641,000 641,000 641,000 641,000 641,000 3,886,000 79 North/East
Maint
Improvement
District
25-26 thru 30-31
Capital Improvement Plan
Salinas, CA
Project # 9053
Project Name North/East Maint Improvement District
Contact Victor Baez Department 50 - Public Works
Type Maintenance Category Urban Forestry
Priority 3 Low/Desirable Start Date 07/01/18
Completion Date On Going Council District 1,6
Description
Maintain public landscaping & irrigation at park strip, median islands, jogging paths, planter walls, riprap, detention ponds, bank protection, appurtenant water mains & irrigation systems, ornamental lighting, electric current, spraying and debris removal.
Justification
Funding is available in the North/East Maintenance District fund balance. This project does not affect the General Fund.
Expenditures 25-26 26-27 27-28 28-29 29-30 30-31 Total
63.6010 - Other Outside Svc 10,000 15,000 15,000 15,000 15,000 15,000 85,000 Total 10,000 15,000 15,000 15,000 15,000 15,000 85,000
Funding Sources 25-26 26-27 27-28 28-29 29-30 30-31 Total 2105 - NE Salinas Landscape District 10,000 15,000 15,000 15,000 15,000 15,000 85,000 Total 10,000 15,000 15,000 15,000 15,000 15,000 85,000
80 Vista
Nueva
Subdivision
Improvements
25-26 thru 30-31
Capital Improvement Plan
Salinas, CA
Project # 9056
Project Name Vista Nueva Subdivision Improvements
Contact Victor Baez Department 50 - Public Works
Type Maintenance Category Urban Forestry
Priority 2 Medium/Important Start Date 07/01/15
Completion Date On Going Council District 1
Description
Maintain telephone/alarm system for Sanitary Sewer Pump Station/ongoing monitoring cost (SCADA monitoring), future pump station upgrades, and replacement of fence. Maintain/resurface residential traffic striping, signs, curb & gutter, sidewalks. Maintain/repair street light equipment and power.
Justification
Funding is available in the Vista Nueva Maintenance District fund balance. This project does not affect the General Fund.
Expenditures 25-26 26-27 27-28 28-29 29-30 30-31 Total
63.6010 - Other Outside Svc 10,000 15,000 15,000 15,000 15,000 15,000 85,000 Total 10,000 15,000 15,000 15,000 15,000 15,000 85,000
Funding Sources 25-26 26-27 27-28 28-29 29-30 30-31 Total 2107 - Vista Nueva Maintenance District 10,000 15,000 15,000 15,000 15,000 15,000 85,000 Total 10,000 15,000 15,000 15,000 15,000 15,000 85,000
81 Monte
Bella
Subdivision
Improvements
25-26 thru 30-31
Capital Improvement Plan
Salinas, CA
Project # 9120
Project Name Monte Bella Subdivision Improvements
Contact Victor Baez Department 50 - Public Works
Type Maintenance Category Urban Forestry
Priority 2 Medium/Important Start Date 07/01/11
Completion Date On Going Council District 2
Description
Rehabilitation of park landscaping & facilities including maintenance and renovation of parking lot areas, the park's irrigation system, future landscaping needs, tree trimming, tree replacement, and the various other park facilities. Periodic slurry seal and overlay. Maintenance of street lights and electrical service.
Justification
Planned maintenance and repair within the Monte Bella subdivision (per Resolution no. 18392).
Expenditures 25-26 26-27 27-28 28-29 29-30 30-31 Total
66.4000 - Improvements 450,000 400,000 400,000 400,000 400,000 400,000 2,450,000
63.5900 - Other Prof Svcs 50,000 50,000 50,000 50,000 50,000 50,000 300,000
64.1000 - Admin Overhead 50,000 50,000 50,000 50,000 50,000 50,000 300,000
61.9992 - Regular Pay CIP 30,000 30,000 30,000 30,000 30,000 30,000 180,000
64.5820 - Contingencies 25,000 25,000 25,000 25,000 25,000 25,000 150,000
62.8530 - Comp Aided Design 6,000 6,000 6,000 6,000 6,000 6,000 36,000 Total 611,000 561,000 561,000 561,000 561,000 561,000 3,416,000 Funding Sources 25-26 26-27 27-28 28-29 29-30 30-31 Total 2109 - Monte Bella Maintenance District 611,000 561,000 561,000 561,000 561,000 561,000 3,416,000 Total 611,000 561,000 561,000 561,000 561,000 561,000 3,416,000 82 Street
Median
Landscaping
25-26 thru 30-31
Capital Improvement Plan
Salinas, CA
Project # 9775
Project Name Street Median Landscaping
Contact Victor Baez Department 50 - Public Works
Type Maintenance Category Urban Forestry
Priority 2 Medium/Important Start Date 07/01/15
Completion Date On Going Council District City-Wide
Description
Maintain public landscaping & irrigation at park strips and median islands, appurtenant water mains & irrigation systems/repairs, ornamental water, electric current/repair, cyclical tree pruning and debris removal. In the event of drought restriction, upgrades as needed.
Justification
Providing funding will help in improvements for updating areas and help with unforeseen cost that arise due to outdated infrastructure.
Expenditures 25-26 26-27 27-28 28-29 29-30 30-31 Total
63.6010 - Other Outside Svc 50,000 50,000 50,000 50,000 50,000 50,000 300,000 Total 50,000 50,000 50,000 50,000 50,000 50,000 300,000 Funding Sources 25-26 26-27 27-28 28-29 29-30 30-31 Total 2401 - Gas Tax 50,000 50,000 50,000 50,000 50,000 50,000 300,000 Total 50,000 50,000 50,000 50,000 50,000 50,000 300,000 83 (This page intentionally left blank)
84 Project No. Project Name Department Category
9034 Alisal Airport Multi-Use Trail 50 - Public Works Engineering & Transportation 9053 North/East Maint Improvement District 50 - Public Works Urban Forestry 9056 Vista Nueva Subdivision Improvements 50 - Public Works Urban Forestry 9071 Williams Rd UD 50 - Public Works Engineering & Transportation 9075 Salinas Dry Weather Diversion 50 - Public Works Industrial Waste 9081 Striping and Signing Improvements at City Streets 50 - Public Works Street Maintenance 9093 Permit Center Technology Upgrade 30 - Community Development Community Development 9103 Geographic Information Systems 50 - Public Works Engineering & Transportation 9114 Salinas River Outfall Channel Repairs 50 - Public Works Storm Sewer (NPDES) 9120 Monte Bella Subdivision Improvements 50 - Public Works Urban Forestry 9127 Silt Removal Gabilan Creek 50 - Public Works Storm Sewer (NPDES) 9128 Williams Road Streetscape & Safety Improvements 50 - Public Works Engineering & Transportation 9130 Salinas River Maintenance Program 50 - Public Works Industrial Waste 9139 Storm Sewer Drainage Repairs 50 - Public Works Storm Sewer (NPDES) 9163 Traffic Calming Improvements 50 - Public Works Engineering & Transportation 9175 Santa Rita Storm Channel 50 - Public Works Storm Sewer (NPDES) 9253 ADA Traffic Signal Upgrades 50 - Public Works Traffic Signals 9266 Bridge Maintenance Program 50 - Public Works Engineering & Transportation 9267 Streetlight Installation 50 - Public Works Engineering & Transportation 9288 Asset Management CCTV 50 - Public Works Storm Sewer (NPDES) 9292 No Parking/Street Sweeping Signage Program 50 - Public Works Storm Sewer (NPDES) 9355 37 Mortensen Exterior Rehabilitation 50 - Public Works Airport 9359 Cesar Chavez Park Dry Basin System Repair 50 - Public Works Storm Sewer (NPDES) 9363 San Juan Grade Road Sidewalk & Streetlight Imp 50 - Public Works Engineering & Transportation 9367 Harden Parkway Path & Safe Routes to School 50 - Public Works Engineering & Transportation 9369 Airport Storefront & Restaurant Equipment 50 - Public Works Airport 9371 John Street/Williams Rd Safe Routes to School 50 - Public Works Engineering & Transportation 9372 EV Charging Infrastructure at City Facilities 50 - Public Works Facilities Maintenance 9391 Pedestrian Safety Improvements 50 - Public Works Engineering & Transportation 9395 Monterey Garage Improvements 50 - Public Works Downtown Parking 9438 Annual Pavement And Sidewalk Maintenance 50 - Public Works Street Maintenance 9461 Congestion Mgmt Agency City % 50 - Public Works Engineering & Transportation 9510 Boronda Rd Congestion Relief 50 - Public Works Engineering & Transportation 9541 Fire Stations Repairs 45 - Fire Fire
9607 Bicycle Lane Installations 50 - Public Works Engineering & Transportation 9612 City Hall & PW Yard Improvements 50 - Public Works Facilities Maintenance 9618 ADA Transition Plan & Curb Ramps-City Wide 50 - Public Works Street Maintenance 9654 Traffic Signal Installations and Upgrades 50 - Public Works Traffic Signals 9720 Sidewalk & Drainage Improvements 50 - Public Works Street Maintenance 9735 Storm Sewer Infrastructure Improvements 50 - Public Works Storm Sewer (NPDES) 9775 Street Median Landscaping 50 - Public Works Urban Forestry 9981 Street Preventive Maintenance Program 50 - Public Works Street Maintenance 25-26 through 30-31
Capital Improvement Plan
Projects by Index
Salinas, CA
85 (This page intentionally left blank)
86 CITY OF SALINAS
BUDGET IN BRIEF
FISCAL YEAR 2025-26
Table Of Contents
Introduction ........................................................................................3 Strategic Goals....................................................................................4 City of Salinas by the Numbers....................................................5 Citywide Budget................................................................................6 General Fund ......................................................................................7 Community Engagement and Sponsorships..........................8 Enterprise Funds................................................................................8 What is Measure G? ..........................................................................9 Measure G Projects Highlights............................................. 10 CIP and Infrastructure Projects.................................................. 11 CIP Project Highlights.............................................................. 12 City of Salinas Budget in Brief | FY 2025-26 | 2
Introduction
The City of Salinas, located in California’s agriculturally rich Central Coast, is home to over 162,000 residents who reflect a vibrant, diverse and growing community. In recent years, the City has focused on continuing to expand public services, supporting economic development, and investing in critical infrastructure while embracing sustainability in line with the City’s Strategic Plan.
The Fiscal Year (FY) 2025–26 Proposed Budget represents a balanced and strategic approach to continuing this progress. It recognizes key challenges, such as addressing significant infrastructure improvements, renewing focus on Economic Development, and moving forward with the Chinatown Revitalization Plan, Alisal Vibrancy Plan/Marketplace & Visión Salinas.
What is a Budget in Brief?
This document provides a simplified overview of the City of Salinas’ FY 2025–26 Proposed Budget. It summarizes major revenue sources and expenditures, highlights community investments, and outlines progress on strategic goals. Whether you’re a resident, business owner, or community partner, this summary is designed to help you understand how public dollars are being used to serve our community.
For the full FY 2025-26 Proposed Budget, visit our website here.
Budget Process
Community
Outreach
Council and staff
gather input from
community
01 02
Council
Sets Goals
Council sets
goals based
on community
feedback
03 Budget
Development
City staff develop
work plans to
implement
City goals
04 Proposed
Budget
City submits
proposed budget
for Council review
05 Adopted
Budget
Council
approves
final budget
City of Salinas Budget in Brief | FY 2025-26 | 3
Strategic Goals
The Salinas City Council adopted 2025 Strategic Goals are designed to guide the decision-making processes in the City. The FY 2025-26 budget aims to advance these goals. (about 1 page)
Housing
Economic
Development
Infrastructure
City
Services
Public
Safety
Youth and
Seniors
City Council
Strategic Goals
City of Salinas Budget in Brief | FY 2025-26 | 4
(1 page)
City of Salinas by the Numbers
277
Miles of
Sanitary Sewer
Main Pipelines
158
Miles of
Storm Drain
Pipelines
164
Streetlights
Repaired/
Replaced
114
Total Traffic
Signals
118,273
Dispatched Calls
for Service
381
Total Number of
Investigations
Completed
14,470
Building
Inspections
3,204
Building
Permit Reviews
195
Approved
Accessory Dwelling
Unit Permits
1,508
Building
Permits
Approved
42 Total Parks
299,899
Recreation Facility
Attendance
3,536
Youth Sports
Registrants
17,605
Emergency
Responses
1,120
Fire Code/State
Mandated Inspections
394
Fire Plan
Checks
City of Salinas Budget in Brief | FY 2025-26 | 5
Citywide Budget
The Citywide Budget outlines how the City of Salinas allocates financial resources across all departments and services, balancing daily operational needs with long-term investments in infrastructure, sustainability and community well-being.
For FY 2025–26, the City’s total budget is $284,993,377, which includes the General Funds, Other Governmental Funds, Enterprise Funds, Internal Service Funds, and Capital Funds.
Salinas is committed to maintaining a structurally balanced budget while also planning for future growth. (similar to Mountain View example page 6, 1 page)
General Operating Fund $184.3
Capital Funds $35.8
Other Governmental Funds $31.1
Enterprise Funds $19.6
Internal Service Funds $14.2
(All numbers indicated below are in millions)
(All numbers indicated below are in millions)
Total Expenditures, All Funds
General Operating Fund Break Down
General Fund
69% $126.8
18%
13%
Measure G
$33.7
Measure E
$23.8
Citywide Budget
$285.0
million
City of Salinas Budget in Brief | FY 2025-26 | 6
General Fund
The General Fund is the City’s primary operating fund, supporting the essential day-to-day services that benefit all residents of Salinas. These include police and fire services, libraries, parks, recreation, code enforcement, and street maintenance. The City’s General Fund revenues are the money the City collects from sources such as sales tax, property tax, other taxes, and transfers. The City’s General Fund expenditures are the money the City spends from that fund to cover employee wages and benefits, supplies, services, overtime, major purchases, and debt payments.
(1 page)
Salaries & Benef its $118.0
Supplies & Services $34.2
Transfers Out $23.2
Overtime $8.2
Capital Outlay & Debt Service $1.7
General Fund Expenditures
(All numbers indicated below are in millions)
General Fund
Revenue
$184.5
million
General Fund
Expenditures*
$185.3
million
Sales & Use Tax $91.0
Property Taxes $41.5
Other Revenues* $25.6
Other Taxes $23.9
Transfers in $2.5
General Fund Revenues
(All numbers indicated below are in millions)
*Other Revenues consists of Licenses & Permits, Franchise Fees, Fines & Forfeitures, Intergovernmental, Charges for Services, and Investment Earnings.
*General Fund Expenditures include $1.0 million transfer for capital projects.
Sales Tax - $39.3M
Measure E
Sales Tax
Measu
re
G
$39.3
$34.5
$17.2
City of Salinas Budget in Brief | FY 2025-26 | 7
Enterprise Funds
Enterprise Funds operate more like businesses,
they are self-sustaining through user fees and
charges. This ensures key services are provided
without putting pressure on the General Fund.
The funds, shown in the table below, are from the
operating budget.
Fund Type Amount
Municipal Airport $ 2,401,490
Industrial Waste $ 2,564,070
Sewer $ 4,678,150
Parking Districts $ 2,829,790
Permit Services $ 7,109,105
FY 2024-25
Community Engagement
and Sponsorships
Sponsorship Recipient Amount
California International Airshow Salinas $ 30,000
Salinas Regional Soccer Complex $ 20,000
First Mayor’s House $ 16,000
Celebrate America $ 15,000
El Grito $ 15,000
Science Workshop $ 12,000
Ciclovia $ 10,000
Holiday Parade of Lights $ 8,000
Veteran's Parade $ 8,000
Asian Cultural Festival $ 6,000
Juneteeth Celebration $ 5,000
Salinas Pride $ 5,000
TOTAL $ 150,000
City of Salinas Budget in Brief | FY 2025-26 | 8
What is Measure G?
Measure G is a 1% local general transactions and use tax approved by Salinas voters in 2014. It is projected to generate $36.1 million in revenue for FY 2025–26, supporting a wide range of essential City services and projects, including public safety and major capital projects.
In FY 2025-26, Measure G funds will help staff 106.5 full-time positions across multiple departments.
Oversight of the fund is provided by a citizen-led Oversight Committee.
As a time-limited measure, it is set to expire in 2030, potentially leaving the City with a significant annual revenue gap of over $40 million if not renewed by voters. (1 page)
45 40
35 30
25 20
15 10
5 0
MILLIONS OF DOLLARS
FY 2022-23
(actual)
FY 2021-22
(actual)
FY 2023-24
(actual)
FY 2024-25
(budget)
FY 2025-26
(budget)
FY 2026-27
(forecast)
FY 2027-28
(forecast)
FY 2028-29
(forecast)
FY 2029-30
(forecast)
FY 2030-31
with Measure G
FY 2030-31
without Measure G
Measure G Revenue Without
Measure G
With
Measure G
$ 40.6 $ 0
Projected revenue
from Measure G
Actual revenue and budgeted
revenue from Measure G
Current
Year
$ 34.5
FY 2025-26
Full Time Employees (FTE) Funded by Measure G
106.5 FTE
City of Salinas Budget in Brief | FY 2025-26 | 9
Example
Measure G Projects
(Inception to date)
• Cesar Chavez Soccer Field
• Sidewalk and Drainage Repairs
• Street Preventive Maintenance
• Northgate Dog Park
• Facilities ADA Improvements
• Alisal Vibrancy Plan
• Fire Station Improvements
• Traffic Calming Improvements
• Police Service Building
• Boronda Road Traffic
Congestion Relief
• Hebbron Family Center
Improvements
• Community Center
Improvements
• Cesar Chavez Trail
• Sherwood Tennis Center
Improvements
• Recreation Facility at
Municipal Pool
Measure G Project Highlights
Cesar Chavez Soccer Field
This project is a recreational asset for the Salinas community and it includes the construction of a full-sized synthetic turf soccer field, upgrades to the irrigation system, drainage improvements, and various landscaping enhancements.
Hebbron Family Center Improvements
The new Hebbron Family Center will offer programs to Salinas residents of all ages, from tiny tots to teens and seniors. The center will have community and meeting rooms, a teen lounge and kitchen, outdoor gathering spaces and multi-use sports court along with other lot improvements.
Boronda Road Traffic Congestion Relief
The Boronda Congestion Relief Project will create safer roads, enhanced accessibility and prepare the City for future growth. With plans for new homes in the Future Growth Area, Salinas is preparing for an increase in population and traffic, ensuring Boronda Road is safely equipped to meet these demands. The overall project includes the widening of East Boronda Road into a four-lane roadway (two lanes at each direction), and the construction of 4 multi-lane roundabouts at the intersections of McKinnon Street, El Dorado Drive, Natividad Road, and Independence Boulevard. The project will include the construction of bioretention facilities, buffered bike lanes, bus pullouts, sidewalks, ADA-compliant access ramps, storm drain lines, sanitary sewer lines, street lighting, landscaping, and other improvements.
City of Salinas Budget in Brief | FY 2025-26 | 10
(1 page)
CIP and Infrastructure Projects
The City of Salinas’ Capital Improvement Projects (CIP) outlines investments in physical infrastructure across the City, such as roads, parks, public buildings and utility systems. These projects are essential to long-term resilience, economic development and neighborhood revitalization.
Street & Sidewalk Maintenance $14.3
Engineering & Transportation $11.1
Other* $1.3
Storm Sewer $1.2
Facilities Maintenance $0.9
Traf f ic Signals $0.6
(All numbers indicated below are in millions)
Capital Improvement Projects
Capital
Improvement
Projects
$29.4
million
*Other consist of improvements at Airport, Permit
Technologies, Urban Forestry, and Industrial Waste.
City of Salinas Budget in Brief | FY 2025-26 | 11
Major CIP Project
(FY 2025-26)
• Fire Station Improvements
• Monterey Garage
Improvements
• Storm Sewer Infrastructure
Improvements
• Bicycle Lane Installations and
Pedestrian Safety
• Sidewalk and Drainage Repairs
• Street Preventive Maintenance
• Traffic Signal and Street
Light Upgrades
• Sidewalk and Pavement
Maintenance
• Safe Routes to School
• Boronda Road Traffic
Congestion Relief
• Striping and Signing
Improvements
• Williams Road Streetscape
and Safety
CIP Project Highlights
Traffic Signal and Street Light Upgrades $1,120,000
This project includes analysis and installation of lighting in high crime areas. Upgrades to traffic signals, controllers, cabinets, opticom, video detection, leading pedestrian phases, LED beacons, and communication upgrades. In addition, traffic signals will be upgraded to meet ADA standards with pushbuttons, audible signals, and various ADA upgrades.
Safe Routes to School $6,076,097
The Salinas Safe Routes to School Plan is proposed in response to requests from the community to address the serious and growing traffic safety problems in the City. Safety improvements will include a road diet, a 2-way separated multi-use path, stormwater bioretentions, accessible sidewalks and crosswalks, curb extensions, a roundabout, buffered bike lanes, Class IV bikeway, curb extensions, and Rectangular Rapid Flashing Beacons.
Street, Drainage, and Signage Repairs $14,300,000
The City has an ongoing pavement maintenance program to reseal City streets. The resurfacing of streets prolongs the life of the streets by decreasing deterioration. Maintenance staff will patch/repair and crack seal streets, damaged curbs, gutters, sidewalks, and driveway approaches throughout the City damaged by City trees within the street right-of-way. In addition, staff will work on pavement preventive maintenance limits and striping within City Street limits. The striping of City streets has faded as street repairs scheduled have been delayed. As a result, street center lines, crosswalks and other pavement markings that help contribute to street safety need updating. Treatment may include pavement rehabilitation, patch/repair, crack seal, slurry, and chip seal.
City of Salinas Budget in Brief | FY 2025-26 | 12
City of Salinas
200 Lincoln Avenue
Salinas, CA 93901
(831) 758-7381
CITY COUNCIL
Mayor..................................................Dennis Donohue Councilmember, District 1 ...........Jose Luis Barajas
Councilmember, District 2 ...................Tony Barrera Councilmember, District 3 ........Margaret D’Arrigo
Councilmember, District 4 .........Gloria De La Rosa
Councilmember, District 5 ........Andrew Sandoval
Councilmember, District 6 ..............Aurelio Salazar
CITY STAFF
City Manager.......................................................................... René Mendez Assistant City Manager.......................................................... Lisa Murphy City Attorney........................................................Christopher A. Callihan Human Resources Director............................. Marina Horta-Gallegos Library and Community Services Director.......... Kristan Lundquist Public Works Director........................................................... David Jacobs Police Chief..............................................................................Carlos Acosta Community Development Director...................................Lisa Brinton Fire Chief...............................................................................Samuel Klemek Finance Director.................................................................Selina Andrews Budget Resolution
RESOLUTION NO. (N.C.S.)
RESOLUTION NO. (S.A.)
A RESOLUTION ADOPTING THE FISCAL YEAR 2025-26
ANNUAL OPERATING AND CAPITAL BUDGETS
WHEREAS, Section 2-02.03 of the Salinas Municipal Code requires the City Manager to advise the City Council on the city’s budgets, finances, and fiscal condition; and WHEREAS, the City Manager submitted to the City Council a Proposed Capital Improvement Program for Fiscal Years 2025/26 - 2030/31 on May 22, 2025; and WHEREAS, the City Manager submitted to the City Council a Proposed Operating Budget for Fiscal Year 2025-26 on May 22, 2025; and
WHEREAS, the City Council conducted a noticed public hearing on the Proposed Operating Budget and Capital Improvement Program on May 27, 2025; and WHEREAS, on June 17, 2025, City Council considered and reviewed the Proposed Operating Budget for Fiscal Year 2025-26 and Proposed Capital Improvement Program for Fiscal Years 2025/26 - 2030/31 making final determinations.
WHEREAS, the City’s workforce is established by position and classification at 660.5 full time equivalent positions for FY 2025-26. The City Manager, subject to compliance with all applicable Municipal Code and Personnel Rules, may revise the workforce provided that the total number of full-time, regular staff does not exceed the total number of authorized positions on the Citywide workforce approved by City Council. In addition, the revisions approved by the City Manager cannot result in an increase of budget appropriation.
WHEREAS, the City Manager is authorized to increase appropriations for FY 2025-26 expenditures in an amount not to exceed the amount of funds encumbered, but not yet expended, from FY 2024-25.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts as the Operating Budget for the City of Salinas for Fiscal Year 2025-26 as represented in the Operating Budget document including the first year (FY 2025-26) of the Capital Improvement Program as contained in the City’s Fiscal Years 2025/26-2030/31 Capital Improvement Program document; and the Reserve/CIP Budget Adjustments are included and identified as follows:
Budget Resolution
PASSED AND ADOPTED this 17th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
ATTEST:
CIP /
Reserve Project Name
CIP /
Fund
Balance Project Name Funding Source
"Up To"
Amount
9102 PCs & Networking 1000 Fund Balance - FY 2025-26 budget 1000 - General Fund 4,856.25 9146 Financial & HR Mgmt ERP System 1000 Fund Balance - FY 2025-26 budget 1000 - General Fund 32,088.17 9021 Housing Production Fund 1000 Fund Balance - FY 2025-26 budget 1000 - General Fund 14,706.34 9305 Rental Registry & Impl Prg 1000 Fund Balance - FY 2025-26 budget 1000 - General Fund 55,672.00 9341 City/County Downtown Prk Facility 1000 Fund Balance - FY 2025-26 budget 1000 - General Fund 278,318.55
38.0196 OPEB Reserve 1000 Fund Balance - FY 2025-26 budget 1000 - General Fund 1,000,000.00 9166 New El Gablilan Library 9716 Steinbeck Library Upgrades 1100 - Measure E 72,283.00 9244 New Police Facility 1200 Fund Balance - FY 2025-26 budget 1200 - Measure G 931,722.00 9904 New Police Facility (Constr) 1200 Fund Balance - FY 2025-26 budget 1200 - Measure G 200,458.84 9270 Parks Vehicle Replacement 1200 Fund Balance - FY 2025-26 budget 1200 - Measure G 34,829.80 9045 CDD Vehicle Replacement 1200 Fund Balance - FY 2025-26 budget 1200 - Measure G 23,995.28 9042 Farmworker Housing Study 1200 Fund Balance - FY 2025-26 budget 1200 - Measure G 39,498.98 9154 Terminal Landside Storefront 9023 Airport Security & Access Control 6100 - Airport 123,200.00 9010 CCTY Inspections 6400 Fund Balance - FY 2025-26 budget 6400 - Sewer 619,366.04 9011 LaGuardia Lift Station 6400 Fund Balance - FY 2025-26 budget 6400 - Sewer 17,594.53 9221 Sanitary Sewer Lines Evaluation 6400 Fund Balance - FY 2025-26 budget 6400 - Sewer 207,203.88 9274 Wastewater Equipment 6400 Fund Balance - FY 2025-26 budget 6400 - Sewer 40,786.56 9283 Sanitary Sewer Mgmt System 6400 Fund Balance - FY 2025-26 budget 6400 - Sewer 106,184.37 9348 WDR-Grease Traps Inspection 6400 Fund Balance - FY 2025-26 budget 6400 - Sewer 145,833.87 9742 Sewer Pipe & Manhole Repairs 6400 Fund Balance - FY 2025-26 budget 6400 - Sewer 290,911.40 9962 Sanitary Sewer GIS Mapping 6400 Fund Balance - FY 2025-26 budget 6400 - Sewer 127,800.69 From To
Appropriations Limit
RESOLUTION NO. (N.C.S.)
A RESOLUTION SETTING THE APPROPRIATIONS LIMIT FOR
THE CITY OF SALINAS FOR FISCAL YEAR 2025-26
WHEREAS, Article XIII B of the California Constitution was amended by the passage of Proposition 111 at the June 5, 1990, Primary Election; and, WHEREAS, each City must now select its change in the cost-of-living annually by a recorded vote of the City Council; and,
WHEREAS, each City must now select its change in population annually by a recorded vote of the City Council;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Salinas that the Appropriations Limit for the City shall be changed based on:
1. The population within the County limits, and
2. The change in California cost of living.
BE IT FURTHER RESOLVED that the Appropriations Limit for the City of Salinas for Fiscal Year 2025-26 is hereby adopted at $345,864,920 pursuant to Article XIII B of the California Constitution as amended by Proposition 111. The portion of the City’s budget that is subject to the appropriation limit (the proceeds of taxes) totals $171,566,400 and is well within the appropriations limit.
PASSED AND ADOPTED this 17th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
ATTEST:
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-186, Version: 1
Extension of Salinas Youth Council Pilot Program
Approve a Resolution extending the City of Salinas Youth Council pilot program through July 31, 2027.
City of Salinas Page 1 of 1 Printed on 6/13/2025
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 17, 2025
DEPARTMENT: ADMINISTRATION
FROM: LISA MURPHY, ASSISTANT CITY MANAGER
SOPHIA ROME, COMMUNITY RELATIONS MANAGER
TITLE: EXTENSION OF SALINAS YOUTH COUNCIL PILOT PROGRAM RECOMMENDED MOTION:
A motion to approve a Resolution extending the City of Salinas Youth Council pilot program through July 31, 2027.
EXECUTIVE SUMMARY:
On October 22, 2024, the Council approved the establishment of a Youth Council Pilot Program through July 31, 2025, following a recommendation made to the City Manager by the City’s 2024 Youth Interns. The City has established partnerships with the Salinas Union High School District (SUHSD) and the County of Monterey “Striving to Reduce Youth Violence Everywhere” (STRYVE) program to enhance the Youth Council program framework that provides youth leadership development and civic engagement opportunities with alternating two-year terms. With the application period closing in June 2025, the recommendation is to extend the pilot program through July 31, 2027, to allow for a full Youth Council term, which will inform the final recommendations to the City Council before the end of the pilot program period.
BACKGROUND:
The City’s Youth Commission program has been inactive for over five years. In 2024, the City’s Turner Scholar Youth Interns researched similar youth programs from across the country as part of their internship and made a recommendation to the City Manager to establish a Youth Council versus a Youth Commission to expand the focus beyond youth-related initiatives and increase youth civic engagement with the City Council and leadership.
The City has partnered with the SUHSD and Monterey County STRYVE to enhance the program framework, creating a youth council framework designed to facilitate meaningful youth participation in city government and create leadership development and civic engagement opportunities. The Youth Council will attend City Council meetings, provide comments on Agenda items, and make recommendations to the Council using tools like Crime Prevention Through Youth Environmental Design (CEPTD).
The Youth Council program will include activities like:
Page | 2
Youth Council representation and participation at City Council meetings Regular administrative updates to the SUHSD Board
Serve as liaisons between the each SUHSD high schools’ Associated Student Body (ASB) youth leadership and principals to increase civic engagement and outreach Leadership and skill development
Community service projects
The Youth Council will be supported through the City Manager’s Office. Prior to the end of the pilot period, the final policy and program design will be brought back to the Council for adoption.
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:
No.
STRATEGIC PLAN INITIATIVE:
Youth and Seniors
Improve, expand and develop youth and senior facilities and programs Public Safety
Increase collaboration with partner agencies to address public safety public health issues City Services
Promote equitable access to City services and foster inclusive development Engage residents and improve communication with the community DEPARTMENTAL COORDINATION:
There is no direct fiscal impact associated with extending the City of Salinas Youth Council pilot program. The 2024 youth interns coordinated with the Library and Community Services Page | 3
Department to understand the City’s prior Youth Commission program, which was incorporated into the recommendations to the City Manager.
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 N/A N/A N/A N/A
ATTACHMENTS:
1. Draft Resolution
Page | 1
RESOLUTION NO. (N.C.S.)
EXTENSION OF SALINAS YOUTH COUNCIL PILOT PROGRAM
WHEREAS, the Salinas City Council identified establishment of a youth commission as a priority in the Council Strategic Plan; and
WHEREAS, the City’s 2024 Youth Intern team made the recommendation to the City Manager to establish a youth council to expand the impact and engagement of the body compared to the limited focus area of a youth commission; and
WHEREAS, the pilot program will allow the City to work with youth to establish a sustainable program that provides youth leadership development and civic engagement opportunities and will align the Youth Councilmember terms with the school year; and WHEREAS, prior to the end of the pilot program period, the final policy and program design will be brought back to Council for adoption.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council approves extension of the City of Salinas Youth Council Pilot Program through July 31, 2027.
PASSED AND APPROVED this 17th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Dennis Donohue, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-226, Version: 1
Tow Service Franchise Agreements for FY 2025-26
Approve a Resolution delegating authority to the City Manager to enter into the Salinas Police Department’s FY 2025-26 Tow Service Franchise Agreements, setting the FY 2025-26 franchise fee, and maintaining the $1,500 credit for disposal of recreational vehicles. Consider whether to direct staff to prepare an ordinance establishing an exemption for tow franchisees from the oversized vehicle parking restrictions set forth in Article XVIII of Chapter 20 of the Salinas Municipal Code.
City of Salinas Page 1 of 1 Printed on 6/13/2025
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 17, 2025
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: CARLOS ACOSTA, CHIEF OF POLICE
BY: ALBERT DURAN, SERGEANT
TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR
TITLE: TOW SERVICE FRANCHISE AGREEMENTS FOR FY 2025-26
RECOMMENDED MOTION:
A motion to approve a Resolution delegating authority to the City Manager to enter into the Salinas Police Department’s FY 2025-26 Tow Service Franchise Agreements, setting the FY 2025-26 franchise fee, and maintaining the $1,500 credit for disposal of recreational vehicles.
It is also requested that the City Council provide direction regarding the potential for an exemption from the over-sized parking regulations for the tow franchisees.
EXECUTIVE SUMMARY:
The City of Salinas, through the Police Department, manages a rotational tow program to provide towing services for the abatement and removal of vehicles. Tow companies provide services pursuant to a Tow Service Franchise Agreement which is approved each fiscal year. The Police Department is requesting approval to enter into the FY 2025-26 Tow Service Franchise Agreements with the same terms and conditions as Agreements approved during last FY.
The tow companies have also requested the City Council consider establishing an exemption from the over-sized vehicle restrictions set forth in Article XVIII of Chapter 20 of the Salinas Municipal Code section.
BACKGROUND:
The City of Salinas, through the Police Department, manages a rotational tow program to provide towing services for the abatement and removal of abandoned, wrecked, dismantled or inoperative vehicles from private or public property, and to impound and provide storage of such vehicles as ordered and designated by authorized members of the Salinas Police Department. Tow companies provide service to the Salinas Police Department pursuant to a franchise issued by the City and a Tow Service Franchise Agreement between the City and the tow companies. The City currently has six tow companies participating in the rotational tow program. Each tow company is required to pay a franchise fee to the City during the term of the franchise, in an amount set by Resolution Page | 2
of the City Council pursuant to Salians Municipal Code Section 20-191. The franchise fee is paid quarterly and is based on the number of tows generated and the City’s actual costs in managing the franchise tow program.
Pursuant to the terms of the TSFA, tow companies are required to respond to Salinas Police Department calls 24 hours a day, seven days a week. On August 8, 2023, City Council approved an amendment to Section 20-18.030 of the Salinas Municipal Code – Parking of Oversized vehicles, which resulted in the prohibition on parking of tow vehicles within residential districts.
Prior to this amendment, tow truck drivers could park at their homes and directly respond to calls for service, but with the prohibition in place tow trucks must be parked at the tow yards which requires drivers to first go to the tow yard and then respond to the call for service. As a result, last year’s TSFAs extended the required response time from 30 minutes to 45 minutes during the hours of 5:00 p.m. and 7:00 a.m.
All tow companies towing for the Police Department are still required to tow and store recreational vehicles (RVs). They may contract with another company if they do not have the proper equipment to tow an oversized RV, but they are responsible for the storage, and if necessary, the disposal of an RV towed under this agreement. This more evenly distributes the RV towing among all rotation tow companies. Given the cost incurred by the tow companies associated with the disposal of RVs, the TSFA maintains the credit of $1,500 per RV against their total franchise fee. The Tow companies have raised concerns regarding the increasing costs associated with disposal of RVs, and they have asked the Department to explore alternatives which may include direct payment of disposal costs instead of the current credit toward franchise fees. Should the Department elect to implement a change in the process associated with disposal of RVs, we will return to City Council to approve an amendment to the TSFAs.
The Salinas Police Department is recommending that the City open an account with A&S Metals to allow direct payment for the disposal of oversized recreational vehicles, and eliminate RV credits. A&S Metals will provide a junk slips with the associated SPD Case number to the police department for tracking of RV disposals.
The franchise tow companies have requested the City Council consider an exemption for their tow trucks from the over-sized vehicle restrictions set forth in the Salinas Municipal Code. Tow trucks, and other vehicles, which exceed the size limitations set forth in the Code (vehicles in excess of 20-feet in length or seven-feet in height) may not be parked on any roadway within the city, with certain exceptions. As tow trucks typically exceed these size limitations, the tow franchisees’ employees may not park their tow trucks outside of their residences; tow trucks must be stored within the tow yards. The over-sized vehicle parking restrictions, therefore, result in a longer response time to Police Department calls for tow service. This results in officers spending longer time on such calls than they perhaps otherwise would. Should the City Council want to create an exemption for tow trucks, it is recommended that the exemption apply only to the franchise tow companies. Creating such an exemption would require the City Council’s consideration of an ordinance to amend Section 20-18.030 of the Municipal Code which would be brought forward at a later City Council meeting for consideration.
CEQA CONSIDERATION:
Page | 3
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 APPLIES:
Yes. The City of Salinas has determined that Government Code §84308/Levine Act does apply to this item.
STRATEGIC PLAN INITIATIVE:
Approving the proposed Resolution will support the City Council’s Strategic Plan Goal of Public Safety.
DEPARTMENTAL COORDINATION:
The Salinas Police Department has worked closely with the City Attorney’s office in the development of the draft FY 2025-26 Tow Service Franchise Agreement.
FISCAL AND SUSTAINABILITY IMPACT:
The City received an estimated $17,100 on average in revenue for FY 2022-23 and FY 2023-24.
It is anticipated that revenue will decrease during FY 2024-25 and forward due to the franchise fee credit for the towing of recreational vehicles.
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
Tow Service Franchise Agreement FY 2025-26
RESOLUTION NO. ___________ (N.C.S.)
A RESOLUTION AUTHORIZING THE EXECUTION OF FY 2025-26 TOW SERVICE
FRANCHISE AGREEMENTS, SETTING THE NON-EXCLUSIVE
FRANCHISE FEE FOR POLICE TOWING, AND MAINTAINING THE $1,500 CREDIT
FOR DISPOSAL OF RECREATIONAL VEHICLES
WHEREAS, the City of Salinas, through its Police Department, manages a rotational tow program to support the Police Department’s operations and enforcement of the law; and WHEREAS, tow companies provide service to the Salinas Police Department pursuant to a franchise issued by the City and a Tow Service Franchise Agreement entered into between the City and the tow companies; and
WHEREAS, each tow company is required to pay a franchise fee to the City during the term of the franchise in an amount set by Resolution of the City Council pursuant to Salinas Municipal Code section 20-191; and
WHEREAS, the franchise fee is based on the number of tows generated and the City’s actual costs in managing the franchise tow program and is paid quarterly by the franchised tow companies; and
WHEREAS, the Salinas Police Department, from time-to-time, orders the tow of an oversized vehicle including, for example, a recreational vehicle. Such vehicles require specialized equipment and services because they contain hazardous materials or substances (including, for example, human waste and refrigeration chemicals) which, if not property disposed of, can negatively affect the health, safety, and welfare of the community. Such vehicles are sometimes inoperable and incapable of being driven or otherwise moved without the assistance of a tow truck, rendering them with little to no value; and
WHEREAS, because of the condition of some oversized vehicles, and the need for them to be properly cleaned, transported, and disposed of, the franchise tow companies sometimes realize a loss of revenue as a result of assisting the Salinas Police Department with the tow and the removal of some oversized vehicles.
NOW, THEREFORE, BE IT RESOLVED the City Council authorizes the City Manager to execute the FY 2025-26 Tow Service Franchise Agreements with the franchise tow companies; and
BE IT FURTHER RESOLVED by the City Council, that to accommodate the Salinas Police Department’s need for the tow and removal of oversized recreational vehicles, and the negative financial effect on the franchise tow companies as a result of being called upon to tow and dispose of an oversized recreational vehicle, in some instances the franchise fee due and payable to the City from each franchise tow company may be reduced by up to one thousand five hundred dollars ($1,500) for each oversized vehicle towed by each company as further specified in the Tow Service Franchise Agreement; and
BE IT FURTHER RESOLVED that in the event a franchise tow company’s franchise fee is fully reduced to zero as a result of having towed and removed such oversized recreational vehicles, the franchise tow company will not be required to pay a franchisee fee but will not receive a credit for additional tows completed beyond the value of the franchise fee.
PASSED AND APPROVED this 17th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________________
Dennis Donohue, Mayor
ATTEST:
_________________________________
Patricia M. Barajas, City Clerk
TSFA FY 2025-26 Page 1
Salinas Police Department
TOW SERVICE FRANCHISE AGREEMENT
This Tow Service Franchise Agreement (“Agreement”) is entered into this 1st day of July 2025, by and between the City of Salinas, a California charter city and municipal corporation (“City”) and _________________________ (“Franchisee”).
RECITALS
A. Pursuant to California Vehicle Code Section 22660 and Section 20-178 of the Salinas City Code, the City has the authority to grant a franchise to a tow service Franchisee to provide towing services for the abatement and removal of abandoned, wrecked, dismantled or inoperative vehicles (including recreational vehicles and other over-sized vehicles) or parts thereof from private or public property, and to impound and provide storage of such vehicles as ordered and designated by authorized members of the Salinas Police Department.
B. The City, for the purpose of ensuring the continued protection and preservation of the public health, welfare and convenience of the citizens of Salinas, desires to award a towing franchise to Franchisee for towing services within the City.
C. Franchisee desires to provide such towing services upon the terms and conditions set forth herein.
AGREEMENT
This Tow Service Franchise Agreement (as defined in Attachment A) contains rules and regulations that a company agrees to comply with in order to receive a rotation tow listing with the Salinas Police Department. Participation in the Salinas Police Department Rotation Tow Program is voluntary and not intended to be the main source of income. A Franchisee (as defined in Attachment A), by agreeing to participate in the program is not acting as an agent for the Salinas Police Department or the City of Salinas when performing services under the Agreement.
Compliance with all of the terms and conditions of the Tow Service Franchise Agreement is mandatory for tow companies participating in the Salinas Police Department Rotation Tow Program. All participants in the Salinas Police Department Rotation Tow Program shall provide towing and storage services for public safety response calls regardless of the value or the size of the vehicle or vehicles to be towed and stored, and regardless of the nature of the public safety response call (including collision, DUI, abandoned vehicle abatement, and all other call for service by Police Department officials).
Attachments: For clarification purposes, many words and phrases used in this Agreement are defined in Attachment A. Attachment B contains a listing of tow truck (as defined in Attachment A) equipment specifications and equipment use requirements applicable to all tow franchisees.
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1. TOWING
The Salinas Chief of Police shall establish towing procedures to facilitate the distribution of calls and meet the needs of the Salinas Police Department with regards to response time (as defined in Attachment A) and availability of tow services. Within the City, Chief of Police shall determine the maximum response time, enrollment period (as defined in Attachment A), reasonable rates, and minimum number of trucks.
2. ROTATION LISTS
A. Within the City, Chief of Police may choose to maintain separate rotation tow lists for each category of towing or may choose to maintain a single rotation tow list to cover all categories of towing.
B. Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when vehicle recovery operations (as defined in Attachment A) require a larger class of tow truck.
C. A call to a Franchisee shall constitute one turn on the list after which the Franchisee shall be moved to the bottom of the list. This includes when the Franchisee fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond to provide service, or is cancelled due to excessive response time.
If it is determined that the Franchisee is not needed and is cancelled by the Salinas Police Department, up to and including arrival at the scene, there shall be no charges and the Franchisee shall be placed back at the top of the list. 1) If the Franchisee is cancelled by the vehicle’s owner or agent prior to the Franchisee taking possession (as defined in Attachment A) of the vehicle, there shall be no charges for towing. The Franchisee shall immediately contact the Salinas Police Department and advise them of the cancellation. The Franchisee shall then be placed back at the top of the list.
2) If service, other than towing and recovery, has begun and is cancelled by the vehicle’s owner or agent, the Franchisee may charge a minimum of one-half of the regular hourly service charge, for the time expended on the call. For purposes of cancellation, service begins when physical work on the vehicle has begun, not the response. No lien shall arise for the service unless the Franchisee has presented a written statement to the vehicle’s owner or agent for the signed authorization of services to be performed.
a) The Franchisee shall not attempt to take possession of the vehicle in order to establish a lien for any non-towing services performed, or begun and subsequently cancelled, when not entitled to such lien by law. The Franchisee shall comply with Civil Code Section 3068.
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D. If two or more Franchisees are called to the same incident, distribution of the vehicles shall be at the discretion of the Salinas Police Department Incident Commander (as defined in Attachment A).
E. The Salinas Police Department Incident Commander may direct a tow Franchisee to move vehicles to help clear a roadway or for lifesaving operations. Franchisees shall provide the assistance as directed. There shall be no charge for this assistance, and the assistance provided shall not change the Franchisee’s place in the rotation.
F. A Franchisee shall have a business office and storage yard within the city limits or within a ten (10) mile radius from where any vehicle is removed.
G. Franchisees applying for a rotation listing shall have a minimum of three (3) years verifiable for-hire-towing experience, as an owner or principal, prior to the final filing date of the enrollment period in order to qualify for a Salinas Police Department rotation tow listing. This requirement may be waived by the Chief of Police where the applicant proves to the Chief of Police that it has the required experience in the industry, the financial and technical capacity to perform the work contemplated by this Agreement and has all necessary equipment. Franchisees currently on a Salinas Police Department rotation list and having less than the required three (3) years’ experience are exempt from this provision.
H. Franchisees shall not be allowed more than two (2) passes on a Police Department request for service during any calendar month, no more than three (3) passes within two consecutive calendar months, and no more than six (6) passes within six consecutive calendar months. A Franchisee who takes more than the authorized maximum number of passes during a calendar month, two consecutive calendar months, or six consecutive calendar months, will be automatically suspended from the rotation for a period of sixty (60) days. After the first thirty (30) days of suspension, the Franchisee may request a meeting with the Chief of Police to request early reinstatement which may be granted by the Chief of Police in his/her sole discretion. Notwithstanding what is otherwise provided for in this subsection, if a Franchisee passes on a Class C or a Class D tow that Franchisee will receive the next Class C or Class D call for service and will not be permitted to pass on that second call for service.
I. Franchisees must at a minimum meet the class A requirements and must meet the following qualifications to tow under each class:
1) Class A – Light Duty
a. A Light Duty Franchisee shall maintain a minimum of one tow truck, which as a manufacturer’s GVWR of at least 14,000 pounds.
Class A equipment specifications can be found in Attachment B of this Agreement.
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b. A “trailer for hire” shall not be approved for listing as a Class A tow truck.
2) Class C- Heavy Duty
a. A Heavy-Duty Franchisee shall maintain at least one three-axle tow truck with a GVWR of at least 48,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.
3) Class D- Super Heavy Duty
a. A Heavy-Duty operator shall maintain at least one three-axle tow truck with a GVWR rating of at least 52,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.
4) The qualifications for the Heavy Duty and Super Heavy-Duty Tow List do not preclude an operator from utilizing a Class-B tow truck when the GVWR is sufficient to tow the vehicle.
J. Heavy Duty and Super Heavy-Duty franchisees will respond to Heavy Duty salvage and recovery operations with the following
1) At least one (1) driver shall have five (5) verifiable years for-hire salvage and recovery experience.
a. The five (5) year for-hire salvage and recovery experience shall be determined by SPD.
2) Two (2) tow trucks which shall be one (1) Class D tow truck and one (1) Class C tow truck.
3. TOW TRUCK CLASSIFICATIONS
A. A Franchisee shall equip and maintain tow truck(s) covered under this Agreement in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, the specifications contained in this Agreement, and consistent with industry standards and practices. 1) Notwithstanding Vehicle Code Section 615, all tow trucks shall have recovery capabilities, wheel lift capabilities, and a boom meeting the specifications contained in this Agreement. For the purpose of this Agreement, “a trailer for hire that is being used to transport a vehicle” shall not qualify as a primary tow truck for rotation tow lists.
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a. For purposes of this Agreement a recovery is defined as a vehicle which is overturned, down an embankment, or is otherwise not on upright on its wheels.
2) A Franchisee who has a car carrier may be exempted from the recovery, wheel lift, and boom capability requirements. However, the car carrier must be an additional unit.
B. A violation of the Gross Vehicle Weight Rating (GVWR) and safe loading requirements of a tow truck shall be cause for immediate suspension (as defined in Attachment A) and/or other disciplinary measures. This includes exceeding the tow truck’s GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50% of the tow truck’s unladen weight on the front axle when lifting/carrying a load.
C. To properly and safely tow and service the wide variety of vehicles being operated on the highway, a towing procedure may require the use of auxiliary equipment specifically designed for the purpose. This auxiliary equipment should be used when appropriate. A listing of service and auxiliary equipment for each classification can be found in Attachment C of this Agreement.
D. Tow truck and car carrier classifications are based on the truck chassis GVWR, and the classification system used by the American Trucking Association (ATA) and truck manufacturers. Tow truck and car carrier classifications shall meet all applicable state and/or federal standards.
3.A. Over-Sized Vehicles.
A. For purposes of this Agreement, the term “over-sized vehicle” means any vehicle or trailer or combination of vehicles or trailers in excess of twenty feet in length or seven feet in height, exclusive of any projecting lights or devices allowed under the California Vehicle Code. The terms “vehicle” or “trailer” shall be as those terms are defined in the California Vehicle Code and include any recreational vehicle as that term is defined in the Salinas Municipal Code and also includes any boat or other watercraft.
4. TOW TRUCK DRIVERS
A. The Franchisee hereby agrees that all tow truck drivers responding to calls initiated by the Salinas Police Department are qualified and competent employees of its company. The Franchisee further agrees that all its tow truck drivers are trained and proficient in the use of tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of the various types of vehicles serviced through Salinas Police Department rotation. Tow truck drivers shall be at least 18 years old and possess the following minimum class driver license:
TSFA FY 2025-26 Page 6
1) Class A tow truck – A valid Class C license, or a valid Class A license with valid medical certificate.
2) Class C tow truck – A valid Class A license with valid medical certificate.
3) Class D tow truck – A valid Class A license with valid medical certificate.
a. The Class A (1) license must be endorsed to allow operation of special vehicle configurations and/or special cargos (refer to Attachment B).
B. Potential tow truck drivers who want to be involved with the City of Salinas rotation tow program shall complete a Salinas Police Department Tow Driver Application and shall be fingerprinted for the purpose of conducting criminal history inquiries.
1. Any operator or tow truck driver who separates from the rotation tow program, in excess of one year, shall be fingerprinted for the purpose of conducting a criminal history check regardless of prior criminal history clearances (e.g., Tow Service Franchise Agreement or Salinas PD Evidence Tow Agreement).
2. Potential new tow truck drivers shall disclose on their applications all prior criminal convictions (felony,
misdemeanor, and infraction). The failure of an applicant to disclose any previous conviction shall be cause to deny the application. An applicant who fails to disclose a previous conviction shall be ineligible to re-apply for a period of one (1) year from the date the application is denied.
2) The Salinas PD will receive subsequent arrest/conviction notifications for all operators and tow truck drivers.
3) A Franchisee shall notify the Salinas Police Department tow officer of any arrest and/or conviction of a tow truck driver, or the operator, prior to the beginning of the next work shift.
a) Failure to make notification shall be cause for disciplinary action. 4) The Salinas Police Department tow officer shall be notified immediately by an operator upon a tow truck driver’s or manager’s separation from the rotation tow program.
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C. The Franchisee shall maintain a current list of drivers and each of their qualifications and licenses.
1) The Franchisee shall provide a current list of its drivers to the Salinas Police Department upon execution of this Agreement. The Franchisee shall notify the Salinas Police Department of any change in driver status, including but not limited to, the addition of any new driver(s), the deletion of any driver(s), changes in licensing including, but not limited to, revocation or suspension, or changes in insurance for drivers. An updated list shall be provided to the Salinas Police Department within seven calendar days of any change in driver status.
2) Franchisees, shall at a minimum, maintain the following information for each employee, which records may be inspected by Salinas Police Department during normal business hours:
a) Full name
b) Date of birth
c) California driver license number
d) Copy of valid medical certificate (if required)
e) Job title/description
f) Current home address
g) Current home phone number
h) Type(s) of truck(s) driver has been trained and instructed to operate and training received by each driver.
D. All tow truck drivers and owner/operators shall be enrolled in the Pull Notice Program.
1) Upon the addition of new drivers, a Franchisee shall be granted a maximum of 30 days to enroll drivers in the Pull Notice Program. 2) Pull Notices shall be kept on file, signed, and dated by the Franchisee. 3) The Chief of Police may require a Franchisee to provide copies of Pull Notice Reports to the Chief of Police within one business day.
E. All tow truck drivers shall retain at all times in his or her possession an Identification Card issued by the City. While engaged in towing activities pursuant to this Agreement, each person shall wear such Identification Card in plain sight on his or her person and shall upon demand of any City Police Officer or other City official or person to whom towing services are being provided exhibit said Identification Card. The Identification Card shall be issued by the City and shall at a minimum contain the name and date of birth of the tow truck driver; the name, business address, and telephone number of the towing company for which such tow truck driver is employed; and a photograph of the tow truck driver. No TSFA FY 2025-26 Page 8
Identification Card issued under the provisions of this section shall be used at any time by any person other than the one to whom it was issued.
1. No Identification Card shall be altered, removed or obliterated or any entry made upon such Identification Card nor shall such Identification Card be defaced in any way. Each Identification Card shall be personal and shall not be assignable or transferable.
F. Operators shall have all tow truck drivers involved with Salinas Police Department rotation tow operations participate in a controlled substance and alcohol testing (CSAT) program. All drivers shall be enrolled by September 1, 2014.
1) Drivers requiring a Class A, Class B, or commercial Class C license (endorsed for hazardous materials transportation) shall participate in a CSAT program as defined in the Code of Federal Regulations, Title 49, Parts 40 and 382.
2) Drivers not required to possess a Class A, Class B, or commercial Class C license shall be enrolled in a CSAT program substantially similar to the requirements as outlined in Section 1) above.
3) The operator shall ensure selection pools for commercial and noncommercial licensed drivers are maintained separately. 4) A driver possessing a non-commercial driver license who returns with a positive test result shall meet the same reinstatement requirements as a driver required to possess a commercial driver license.
G. Uniforms: Salinas Police Department rotation tow truck drivers shall wear an identifiable uniform (either shirt and pants or coveralls) displaying the company’s and driver’s names while engaged in Salinas Police Department rotation tow operations.
H. Personal appearance: Salinas Police Department rotation tow truck drivers shall represent a professional appearance. An unacceptable representation would include: unbathed, excessively dirty/torn uniform, body art, visible body piercing, etc.
I. Safety Garments: Salinas Police Department rotation tow truck drivers shall wear appropriate warning garments (e.g., vests, jackets, shirts, retroreflective clothing) during daylight and hours of darkness in accordance with Code of Title 8, Section 1598 CCR. If the tow truck driver is working on a Federal-aid highway, the operator shall comply with the guidelines contained in the Federal Code of Regulations, Title 23, Highways, Chapter 1, Federal Highway Administration, Department of Transportation, Part 634, Worker Visibility, which requires high- TSFA FY 2025-26 Page 9
visibility personal protective safety clothing to be worn that meets the Performance Class 2 or 3 requirements of the ANSI/ISEA 107-2004.
J. Tow truck drivers shall perform all towing and recovery operations in the safest, fastest and most expedient manner possible.
5. RATES
A. Fees charged for response to calls originating from the Salinas Police Department shall be reasonable and not in excess of those rates charged for similar services provided in response to requests initiated by any other public agency or private person. The reasonableness of the fees charged shall be determined in the following manner:
1) The Franchisee shall submit its retail hourly rate to the Salinas Police Department at the time of the application and/or renewal of this Agreement in Attachment C. The Chief of Police shall determine the validity and reasonableness of the submitted rates or rate changes. The rates shall be approved prior to the Franchisee answering calls for service pursuant to this tow service agreement.
a) Validity shall be based upon telephone quotes, posted rates, charges to retail customers, etc. Any submitted rate in excess of a Franchisee’s retail rate (as defined in Attachment A) shall be considered invalid and shall not be accepted. A Franchisee that submits an invalid rate shall not be allowed to resubmit a new rate and shall be disqualified from Salinas Police Department rotation tow listing until the next enrollment period.
b) Reasonableness shall be determined as compared to other rates. A Franchisee who submits a rate that is determined to be excessive shall be allowed to resubmit its rates only once.
2) In an effort to remain competitive in the open market, the Franchisee may lower retail rates at any time by notifying the Salinas Police Department When a Franchisee lowers its retail rate, that retail rate becomes the new approved Salinas Police Department rate. Franchisees may only raise rates for Salinas Police Department calls during enrollment periods or upon approval after a midterm review. Franchisees may raise rates for nonSalinas Police Department calls at anytime. Rates for Salinas Police Department calls shall remain at the lowest retail rate until the next enrollment period.
3) Any Franchisee who charges rates above its retail hourly rates or submitted rates for a Salinas Police Department call shall be in violation of this Agreement and subject to disciplinary action, including but not limited to, suspension or removal from the rotation tow program.
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B. The rate for towing shall be computed from portal to portal (as defined in Attachment A). Time expended shall be charged at a rate not to exceed the hourly rate.
1) The Franchisee may charge up to a thirty-minute minimum per call. 2) The Franchisee may charge up to a one-hour minimum per call on public safety response call (as defined in Attachment A).
3) The Franchisee shall base towing charges upon the class of vehicle being towed regardless of the class of truck used, except when vehicle recovery operations require a larger class truck.
C. Rates for a service call (out of gas, lockouts, tire changes, etc.) shall be from portal to end of service, and may be at the hourly rate with up to a thirty-minute minimum.
Charges in excess of thirty minutes may be charged in no more than one-minute increments.
D. Fees for Special Operations:
1) For special operations involving Class B and C tow trucks, the Franchisee shall submit its proposed fees for vehicle recovery operations and load salvage operations (as defined in Attachment A) to the Chief of Police at the same time and under the same conditions as other rates pursuant to Section 5.A.1 herein. Fees shall be reasonable and consistent with those for similar operations. Charges in excess of thirty minutes may be charged in no more than one-minute increments.
a. Hourly rates shall be established by the Franchisee and approved by the Chief of Police in advance for the following:
(1) Auxiliary Equipment, e.g., airbags, converter gear/dolly, additional trailers, forklifts, scoop loaders, etc.
(2) Contracted Equipment, e.g., airbags, converter gear/dolly, additional trailers, forklifts, scoop loaders, etc.
(3) Contract labor.
b. The Chief of Police shall determine the reasonableness of the fees for these types of operations, based upon the average of the proposed fees submitted and a comparison to industry standards for similar operations.
2) Franchisees shall submit a mark-up rate (percentage of the cost to the Franchisee) for retail equipment and specialized labor not otherwise listed on the application.
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3) If a Franchisee performs a service for which a required rate was not submitted to, and approved by, the Chief of Police, the Franchisee shall only be entitled to charge for the actual cost of that service. Example: contract labor rate not submitted, the Franchisee may only charge for the actual rate paid for the labor.
E. The total fees charged for after hours release shall be no more than one-half the hourly rate, and shall only be allowed if there is no person on duty at the storage facility for release and a call back is required outside normal business hours.
F. Storage Fees.
1) The Franchisee shall submit its proposed storage fees, for inside and outside storage, to the Chief of Police at the same time as all other rates are required to be submitted for approval. The Chief of Police shall determine the reasonableness of the fees for inside and outside storage, based upon the average of the proposed fees submitted by those applying for rotation. 2) The Franchisee shall display in plain view at all cashiers’ stations, a sign as described in Section 3070 of the Civil Code, disclosing all storage fees and charges in force, including the maximum storage rate.
3) Vehicles stored 24 hours or less shall be charged no more than one-day storage. Each day thereafter shall be calculated by calendar day. 4) Inside storage fees shall only be charged when inside storage is requested by SPD, the registered owner, legal owner, the insurance company or when inside storage can be reasonably justified by the Franchisee.
G. The approved schedule of rates charged by the Franchisee shall be available in the tow truck, and shall be presented upon demand to the person(s) for whom the tow services were provided, or its agent, or any Salinas Police Department officer at the scene.
H. Rate requirements represent the maximums a Franchisee may charge on a Salinas Police Department call. A Franchisee is not precluded from charging less when deemed appropriate by the Franchisee. These requirements shall not be construed as requiring a charge when a Franchisee would not normally charge for such service. No Franchisee or employee shall refer to any rate as the minimum required or set by Salinas Police Department.
I. Fees for Special Operations:
1) Fees shall be reasonable and consistent with industry standards for similar operations.
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2) Franchisee who provide Super Heavy Duty recovery services may charge a minimum two (2) hour rate.
a) Time expended in excess of the two-hour minimum shall be at the hourly rate in no more than one-minute increments.
b) If a second hour is charged, the second hour shall meet the invoicing requirements pursuant to Section 22651.07(e)(7) CVC. c) If it is determined that only one truck is required, the second truck may claim time from portal to portal and the time expended on scene until the determination was made that only one truck was needed.
J. Lien Fees
1) If a vehicle has been determined to have a value exceeding four thousand ($4,000), pursuant to Section 22670 CVC, the lien shall be satisfied pursuant to Section 3071 CC (Section 3074 CC).
2) The lienholder may charge a fee for lien sale preparations not to exceed seventy dollars ($70), for a vehicle valued at four thousand dollars ($4,000) or less and not to exceed one hundred dollars ($100) for a vehicle valued at greater than four thousand dollars ($4,000) (Section 3074 CC). a) These charges may commence when the lienholder requests the names and addresses of all persons who have an interest in the vehicle from the Department of Motor Vehicles (Section 3074 CC). b) Not more than 50 percent of the allowable fee may be charged until the lien sale notifications are mailed to all interested parties and the lienholder or registration service agent has possession of the required lien processing documents (Section 3074 CC).
c) This fee shall not be made in the case of any vehicle redeemed prior to the 72 hours from the initial storage (Section 3074 CC).
6. COLLUSION
A. A Franchisee and/or applicant shall not conspire, or attempt to conspire, or commit any other act of collusion, with any other Franchisee, applicant, City officer or City employee or any other person, for the purpose of secretly, or otherwise, establishing an unfair understanding regarding rates, or conditions or performance of the Agreement that would bring about any unfair condition which could be prejudicial or detrimental to the Salinas Police Department, the motoring public, or other Franchisee(s).
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1) Examples of “collusion” include, but are not limited to: conspiracy by any Franchisee(s) to establish artificially high or low rate(s) for services performed pursuant to the Agreement, conspiracy or attempt to circumvent the midterm review process, conspiracy or attempt to obtain preference in rotational tows or in towing of specific vehicles, or any other practice that would give unfair advantage to one Franchisee over another, conspiracy or attempt to defraud members of the public.
B. A finding by the Chief of Police that any Franchisee or applicant has been involved in collusion shall be cause for denial of an application or shall nullify the Agreement. Any Franchisee or applicant found to be involved in any act, or attempted act of collusion, shall be disqualified from participation on the rotation tow list for the current term plus three years.
7. RESPONSE TO CALLS
A. The Franchisee shall respond to Salinas Police Department calls 24 hours a day, seven days a week, within 30 minutes between the hours of 7:00 a.m. and 5:00 p.m. and within 45 minutes between the hours of 5:00 p.m. and 7:00 a.m. The Franchisee shall respond with a tow truck of the class required to tow the vehicle specified by the Salinas Police Department. The Franchisee shall advise Salinas Police Department dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time. If, after accepting the call, the Franchisee is unable to respond or shall be delayed in responding, the Franchisee shall immediately notify the Salinas Police Department Communications Center.
The Franchisee shall not assign initial calls to other tow Franchisees. The Chief of Police may change required response times upon 30 days notice to all Franchisees. 1) A failure(s) to respond and/or repeated failure(s) to meet the maximum response time requirements shall constitute failure to comply with the terms and conditions of this Agreement. (This includes refusal to respond to abandoned vehicle calls. Justification for failure to respond to calls shall be determined by the Chief of Police or his designee.)
a. The Chief of Police may take immediate disciplinary action for any violation of the requirement to respond within the maximum response time. b. When a Franchisee shall be temporarily unavailable to provide services due to preplanned/scheduled activity, e.g., medical leave, etc., he/she shall notify the Salinas Police Department at least 24 hours prior to the date that services shall be unavailable, noting the times and dates of the unavailability. The Franchisee shall only be allowed three passes on the rotation per month based on unavailability.
B. The Franchisee, or its employee(s) responding to a Salinas Police Department call, shall perform the towing or service required for which he/she was called. This TSFA FY 2025-26 Page 14
requirement may be waived by the Salinas Police Department Incident Commander if the requested equipment is inadequate for the service to be performed. 1) Any refusal to respond or to perform the required towing or service may subject the Franchisee to disciplinary action if deemed appropriate by the Salinas Police Department.
C. A Franchisee shall not respond to a Salinas Police Department call assigned to another Franchisee unless requested to do so by the Salinas Police Department. 1) There may be times when the Franchisee assigned the initial Salinas Police Department call may require the assistance of an additional Franchisee at the scene. The Franchisee assigned the initial call may, subject to prior agreement with the Chief of Police, and with the concurrence of the Salinas Police Department Incident Commander, request a specific Franchisee to assist him/her. The request shall be routed to the additional Franchisee through the Salinas Police Department.
2) There may be times when a Franchisee, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and a Salinas Police Department officer requests its assistance in clearing the roadway. In such a case, the Franchisee may be requested to move the vehicle to a safe location, as directed by the officer, and leave it.
There shall be no charge for this assistance, and the assistance provided shall not change the Franchisee’s place in the rotation. 3) Violations of section 22513 CVC shall result in disciplinary action.
D. Only the tow truck personnel and equipment requested shall respond to a Salinas Police Department call. (e.g., tow truck driver bringing friends, family members, significant others or pets etc., is not allowed) Additional tow truck personnel and equipment shall be at the approval of the Salinas Police Department Incident Commander. This shall not preclude the Franchisee from responding to an incident to ascertain if additional assistance or equipment is required. There shall be no charge for any personnel or equipment that is not necessary to perform the required service.
E. The Franchisee will participate in the vehicle abatement program. This includes the abatement of recreational vehicles and over-sized vehicles.
F. An operator or tow truck driver shall respond with a properly equipped tow truck of the class required to tow the vehicle, perform vehicle recovery (e.g., rollover, vehicle down embankment etc.) provide service (e.g., fuel, flat tire change, etc.) and be in possession of the appropriate class of driver license, applicable endorsements, and permits.
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G. All operators shall respond to requests for the tow of recreational vehicles. If, after the operator responds to the tow location, the recreational vehicle to be towed is found to be to large for the operator’s equipment, the operator is responsible for contracting another company with the appropriate equipment to perform the tow. 1) A Heavy Duty or Super Heavy-Duty tow operator towing for another operator under this agreement must meet the
requirements of TFSA and must be approved by the Chief of Police.
2) The operator who receives the rotation request is responsible for the storage of the recreational vehicle towed under this agreement and the vehicle will be stored at the operator’s facility.
3) If a vehicle to be towed has a sewage tank that shows no signs of leakage, the vehicle will be towed to the franchisee’s storage facility. SPD will arrange for the tank to be emptied, at the city’s expense, at the franchisee’s storage facility.
4) If a vehicle shows signs of leaking sewage, the tank will be emptied, at the city’s expense, prior to being towed.
H. The failure of a franchisee to respond to a request for a tow of a recreational vehicle will constitute a pass pursuant to Section 2 of this Agreement.
I. A Franchisee who shows proof a tow and disposal of a recreational vehicle will receive a credit of $1,500 toward their annual franchisee, in accordance with a Resolution approved by the City Council.
8. STORAGE FACILITY
A. The Franchisee shall maintain its own storage facility and shall be responsible for the security of vehicles and property at the place of storage. As a minimum, a fenced or enclosed area shall be provided. The Franchisee is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles.
B. The Franchisee shall obtain approval from the Salinas Police Department prior to the removal of any property from a stored or impounded vehicle and shall provide the Salinas Police Department a receipt identifying the property, with a copy placed in the stored vehicle. The requirement to obtain approval from the Salinas Police Department prior to the removal of property may be excused by the Chief of Police if it is determined that proper safeguards and procedures are utilized by the Franchisee.
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1. This requirement shall not be waived in cases where a vehicle has been impounded for evidence or investigation.
2. Upon approval from the Salinas Police Department, the Franchisee shall release personal property from an impounded vehicle at the request of the vehicle owner or its agent.
a) There shall be no charge for property released during normal business hours. The fees charged for property released after hours shall be consistent with the after-hours vehicle release provisions.
Personal property shall not be released without specific approval of the Salinas Police Department.
b) Cargo shall be released upon demand of the carrier or pursuant to a court order.
C. The primary storage facility shall normally be at the same location as the business address. If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and/or personal property shall be released at the primary storage facility or place of business (when the primary storage facility and place of business are not at the same location) upon request of the owner or a person having a legal entitlement to the vehicle and/or property.
1) Prior to the utilization of new storage facilities that were not listed on the application for rotation tow listing, the Franchisee shall obtain the Chief of Police’s approval of the new facility and furnish the address to the Chief of Police.
2) Secondary storage facilities shall be located reasonably close to the main business office.
D. The tow Franchisee shall maintain sufficient storage spaces to meet the obligations of this Agreement.
E. The Franchisee’s place of business shall have a sign that clearly identifies it to the public as a towing service. The sign shall have letters that are clearly visible to the public from the street. The sign shall be visible at night. 1) Business hours shall be posted in plain view to the public. Employees shall be properly trained to conduct business transactions related to towing, storage and release of vehicles/property.
2) Vehicles stored by the Salinas Police Department shall not be released without Salinas Police Department approval if a vehicle storage form was issued at the time the vehicle was stored.
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F. A storage yard shared by operators or any other business establishment(s) must be physically separated and secured from the other storage yard and from the other business establishment(s).
G. Prior to the utilization of a new storage yard, the operator shall obtain the approval of the Salinas Police Department.
9. INSURANCE
A. The Franchisee shall; throughout the duration of this Agreement, maintain the following minimum forms and limits of insurance covering all operations of the Franchisee, its agents and employees, performed in connection with this agreement:
1) Commercial Business Automobile Liability (as required by Section 16500.5 of the California Vehicle Code) – Bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000.00).
These minimum standards are to include non-owned and hired auto coverage.
2) Uninsured Motorist - One million dollars ($1,000,000.00), combined single limit.
3) On-Hook Coverage - Insuring the vehicle in tow for one million dollars ($1,000,000.00).
4) Garage Liability - Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000.00).
5) Garage Keepers Liability - Shall be the same minimum as on-hook coverage for vehicles in the care, custody, and control of the Franchisee in the storage yard.
6) Workers’ Compensation Insurance - Legal minimum requirement.
B. All insurance companies affording coverage to the Franchisee, with the exception of worker’s compensation, shall be required to add the City of Salinas, its officers, employees, agents, and volunteers as additional “insured’s” by endorsement under the insurance policy. Each insurer shall stipulate that its insurance policy shall operate as primary insured for the work performed under this agreement and that no other insurance affected by the City or other named insured shall be called upon to contribute to a loss covered thereunder. The policy shall contain no special limitations on the scope of protection afforded to the City, its officers, employees, agents, or volunteers.
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C. All insurance companies affording coverage to the Franchisee shall be insurance organizations authorized by the Insurance Commissioner to transact the business of insurance in the State of California.
D. All insurance companies affording coverage shall provide thirty (30) days written notice by certified mail to the City of Salinas should the policy be canceled or reduced in coverage before the expiration date. For the purposes of this notice requirement, any material change prior to expiration shall be considered cancellation.
E. Franchisee shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to the City Attorney concurrently with the submittal of this Agreement. A statement on the insurance certificate which states that the insurance company “will endeavor” to notify the certificate holder, “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” does not satisfy the requirements of subsection D herein. The Franchisee shall ensure that the above-quoted language is stricken from the certificate by the authorized representative of the insurance company. The insurance certificate shall also state the unpaid limits of the policy.
F. Franchisee shall provide substitute certificate of insurance no later than ten (10) days prior to the policy expiration date. Failure by the Franchisee to provide such a substitution and extend the policy expiration date shall be considered a default by Franchisee.
G. All policies, except workers’ compensation, shall cover on an occurrence or an accident basis, and not on a claims-made basis.
H. Maintenance of insurance by the Franchisee as specified in the agreement shall in no way be interpreted as relieving the Franchisee of any responsibility whatever and the Franchisee may carry, at its own expense, such additional insurance as it deems necessary.
10. INSPECTIONS
A. The Salinas Police Department shall refer Franchisees to a facility for annual inspection of all tow trucks at the expense of the Franchisee. The Salinas Police Department may conduct additional inspections without notice during normal business hours. The Franchisee shall not dispatch a tow truck for Salinas Police Department rotation that has not been inspected and approved by the California Highway Patrol and has a valid inspection sticker issued by the California Highway Patrol.
1. A copy of the California Highway Patrol truck inspection form must be provided to the Salinas Police Department during the annual facility inspections.
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11. BUSINESS RECORDS
A. The Franchisee shall maintain all records of tow services furnished at its place of business.
1) Invoices shall at a minimum include a description of vehicle(s), nature of service, start time, end time, location of call, and itemized costs of towing and storage.
2) Records for each call shall indicate the tow truck driver’s name and truck used.
B. The Franchisee shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, FCC licensing, and non-Salinas Police Department tows.
C. The Salinas Police Department may inspect all Franchisee records without notice during normal business hours.
D. Franchisees shall permit the Salinas Police Department to make copies of business records at their place of business, or to remove business records for the purpose of reproduction.
1) The Salinas Police Department shall provide a receipt for any original records removed from the place of business.
E. The Franchisee shall maintain business records for a period of two (2) years, plus the current term of this agreement, and shall make them available for inspection.
F. Failure of the Franchisee to comply with the inspection requirements shall be cause for disciplinary action if deemed appropriate by the Salinas Police Department.
12. FINANCIAL INTEREST
A. No Franchisee or applicant shall be directly involved in the towing-related business of any other Franchisee or applicant on the Salinas Police Department rotation tow list. “Directly involved” shall mean anything in common between Franchisees or applicants with regards to any of the following:
1) Business licenses;
2) Insurance;
3) Tow truck or equipment use, rental, or ownership;
4) Employees;
5) Premises; or
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6) Performance of this Agreement.
B. Storage facilities owned by a Franchisee, and shared by with another Franchisee, shall only be approved if:
1) The owner/Franchisee charges for the space exclusively on a flat monthly rate rather than a vehicle-by-vehicle basis, or combination thereof; and 2) Storage facilities shared by Franchisees shall be physically separated and secured from each other.
C. Storage facilities leased or rented by a Franchisee shall only be approved under the following conditions:
1) The rental fee for the facility is paid as a flat monthly rate, rather than a per vehicle rate or combination thereof
2) The Franchisee must be solely responsible for maintaining and operating the storage facility. This responsibility shall not be delegated to any third party by the Franchisee.
D. No Franchisee or applicant shall refer calls for service to another Franchisee or applicant in contravention of the rotational tow list.
E. The sale or transfer of controlling interest in a company shall immediately terminate an Agreement. The new owner(s) may apply for a rotation tow listing at any time during the remainder of the current Agreement term, regardless of the City’s enrollment period.
F. Any violation of this section may be cause for disciplinary action by the Salinas Police Department.
13. ANNUAL MEETINGS
A. The Chief of Police or his/her designee may conduct meetings to discuss issues concerning the tow rotation. All meetings shall be mandatory for the Franchisee or its designee wishing to remain on rotation. The Salinas Police Department shall give the Franchisee 15 days written notice (as defined in Attachment A) of these meetings. Attendance may be excused by the Chief of Police for good cause.
14. DEMEANOR AND CONDUCT
A. While involved in the Salinas Police Department rotation tow Franchisee or related business, the Franchisee and/or its employee(s) shall refrain from any act(s) of misconduct, to include, but not limited to, any of the following:
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1) Rude or discourteous behavior;
2) Lack of service, selective service, or refusal to provide service that the Franchisee is/should be capable of performing;
3) Any act of harassment or discrimination;
4) Unsafe driving practices;
5) Exhibiting any objective symptoms of alcohol and/or drug use; 6) Appearing at the scene of a Salinas Police Department rotation tow call with the odor of an alcoholic beverage emitting from his/her breath. a. The Franchisee/tow truck driver shall submit to a preliminary alcohol-screening test upon demand of the Salinas Police Department.
B. All Salinas Police Department related tow service complaints received by the Salinas Police Department against the Franchisee or its employee(s) shall be accepted and investigated in a fair and impartial manner. The Franchisee shall fully cooperate with any such investigation. Failure of the operation to cooperate may subject the Franchisee to disciplinary action including termination. As a result of the investigation, the Salinas Police Department may initiate action as deemed appropriate. The Franchisee shall be notified of the results of the investigation.
C. Should the filing of criminal charges be a possibility, the Salinas Police Department shall conduct the investigation to conclusion or assist the lead investigation agency and, if warranted, request prosecution.
D. Any violation of this section may be cause for disciplinary action.
15. COMPLIANCE WITH LAW
A. The Franchisee and its employees shall, at all times, comply with federal, state, and local laws and ordinances, which include, but are not limited to, those laws which are applicable to the Franchisee (refer to Attachment B for selected Vehicle Code and Civil Code Sections). The Franchisee shall also comply with all Federal Department of Transportation drug and alcohol testing requirements for employees and commercial drivers. Records of compliance with such testing requirements shall be available for inspection during normal business hours. Failure to comply with such federal, state and local laws may subject the Franchisee to disciplinary action.
1) In the event of a minor traffic violation(s) by the tow truck driver(s) which is/are known by the Salinas Police Department, the Franchisee may be advised of the violation(s) by the Salinas Police Department. The Franchisee shall be granted the opportunity to take necessary steps to ensure that its driver(s) drive(s) in compliance with the law unless the conduct is deemed injurious to the public health or safety. Any subsequent traffic violation(s) may be cause for disciplinary action against the Franchisee.
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2) Any traffic violation(s) may be cause for immediate disciplinary action against the Franchisee.
B. The provisions contained in Section 16, Compliance with Law, do not preclude the Salinas Police Department from taking appropriate enforcement or administrative action for any violations of the law.
C. Any conviction of the Franchisee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug related offense, a sexual offense, felony driving while under the influence of alcohol and/or a drug, misdemeanor driving while under the influence of alcohol and/or a drug while involved in a Salinas Police Department rotation tow call, or moral turpitude should be cause for denial of application or termination of the Agreement.
D. Any conviction of an employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug related offense, a sexual offense, felony driving while under the influence of alcohol and/or a drug, misdemeanor driving while under the influence or alcohol and/or a drug while involved in a rotation tow call, or moral turpitude should be cause for the termination of the Franchisee from the list of current Salinas Police Department rotation Franchisees and termination of this Agreement.
E. Any arrest or charge for a violation by a Franchisee or employee involving any of the above crimes may be cause for suspension of the Franchisee until the case is adjudicated.
F. Salinas Police Department personnel, as well as tow operators and their employees, shall not be offered nor accept gratuities pursuant to Section 12110(a) CVC.
G. No tow operator or their employees shall accept any gratuities from a repair shop for the delivery of a vehicle, not owned by the repair shop or tow company, for the purpose of storage or repair pursuant to Section 12110(c) CVC.
H. An operator shall satisfy a court order mandating reimbursement to the vehicle or property owner for the damage or loss which occurred while the vehicle was in the operator’s custody.
I. An operator or employee arrested/charged for a violation involving any of the crimes shall be suspended from the Salinas Police Department rotation until the case is fully adjudicated.
16. COMPLIANCE WITH AGREEMENT
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A. The Franchisee agrees, as a condition of inclusion on the rotation tow list, to comply with all of the terms and conditions of this Tow Service Franchise Agreement, all of which are considered material terms and conditions. Furthermore, the Franchisee agrees that failure by the Franchisee or its employees or agents to comply with these terms and conditions shall be cause for written reprimand (as defined in Attachment A), suspension, or termination from the Salinas Police Department rotation tow list(s) and termination of this Agreement. Alleged violations of this Agreement shall be investigated by the Salinas Police Department tow officer. The Franchisee shall be notified of the Salinas Police Department’s findings within 30 days of the conclusion of the investigation.
17. DISCIPLINARY ACTION
A. The Chief of Police may take disciplinary action against Franchisees for violations investigated and confirmed or sustained.
1) The Chief of Police shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement and pursuant to Ordinance.
B. Records of violations shall be retained by the Salinas Police Department for at least 36 months.
C. A violation of the equipment requirements related to safety shall be cause for immediate disciplinary action. All suspensions are at the discretion of the Chief of Police and shall remain in effect until the period of suspension is completed and the Franchisee has presented proof of correction of the safety violation.
D. A violation of the GVWR and safety loading requirements of a tow truck shall be cause for immediate suspension. This includes exceeding the tow truck’s GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50% of the tow truck’s unladen weight on the front axle when lifting/carrying a load.
E. A violation of overcharging shall be cause for suspension and/or other disciplinary action. The period of the suspension shall be determined by the Chief of Police.
The suspension shall remain in effect until the period of suspension is completed and the Franchisee has presented proof to the Salinas Police Department that reimbursement has been made to the aggrieved customer(s).
F. A violation of the Biennial Inspection of Terminals (BIT) Program requirements shall be cause for suspension. The period of suspension shall be determined by the Chief of Police. The suspension shall remain in effect until the period of suspension is completed and the Franchisee has presented proof of compliance with the BIT requirements. Any unsatisfactory rating shall be cause for suspension.
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G. Failure of the Franchisee to satisfy a court order mandating reimbursement to the vehicle or property owner for the damage or loss which occurred while the vehicle was in its custody shall result in a suspension. The period of the suspension shall be determined by the Chief of Police. The suspension shall remain in effect until the period of suspension is completed and the Franchisee has presented proof of the reimbursement.
H. Failure of the Franchisee to comply with the inspection requirements of this Agreement shall result in a suspension. The period of the suspension shall be determined by the Chief of Police. The suspension shall remain in effect until the period of suspension is completed and the Franchisee has complied with the inspection requirement.
I. Failure of the Franchisee to maintain the minimum insurance requirements set forth in the Agreement shall be cause for immediate suspension of the Franchisee and action to terminate the Agreement for violation of a material term of the Agreement. 1) The Franchisee shall also be subject to an additional suspension for failure to notify the Salinas Police Department in advance of the insurance policy expiration or cancellation.
J. Failure of the Franchisee or employee to comply with Section 14, Demeanor and Conduct, and/or Section 15, Compliance with Law, may be cause for suspension and/or other disciplinary action if deemed appropriate by the Chief of Police. 1) Minor traffic violations may be considered violations of the Agreement. 2) A tow truck driver, not under the immediate supervision of the Franchisee, while on-duty and driving a tow truck, who is arrested and subsequently convicted for misdemeanor driving under the influence of alcohol and/or controlled substances, shall be subject to suspension from participating as a tow truck driver under the provisions of this Agreement. The length of suspension shall be at the Chief of Police’s discretion.
K. A terminated or suspended Franchisee and the tow business he/she owned at the time of its suspension or termination (as defined in Attachment A) shall not be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the Franchisee working in any capacity within any tow business or operating any tow business, and to the tow business, even if operated under new ownership.
L. If the Franchisee is serving a suspension, or has been removed from consideration as a rotational tow Franchisee for any period of time, he/she shall be required to execute and comply with all terms and conditions of the Agreement in effect at the time of the reinstatement. There shall be no approval of equipment that is not in compliance with the equipment specifications contained in the Agreement in effect TSFA FY 2025-26 Page 25
at the time of reinstatement. Sections of this Agreement which are commonly referred to as “grandfather clauses” shall not apply to such a Franchisee who is suspended or who has been removed from consideration for any period of time.
M. Nothing herein shall be deemed to prohibit the Salinas Police Department from immediately suspending any Franchisee whose conduct, or that of its employee(s), in the discretion of the Chief of Police, is deemed to be a danger to the health or safety of others or who has engaged in conduct constituting a violation of this Agreement.
18. MIDTERM REVIEW OF THE TERMS AND CONDITIONS OF THE AGREEMENT A. The purpose of this section is to provide a process for a midterm review of the terms and conditions of the Agreement in the event that there is a legitimate and substantial change in conditions or law affecting the majority of the Franchisees within the City, or the Salinas Police Department. Examples of conditions may include, but are not limited to:
1) Substantial increase or decrease in business expenses. 2) Advances in technology in the industry related to safety issues. 3) Changes in law requiring the Salinas Police Department or the Franchisees to perform specific functions or operations in order to comply. 4) Proposed changes to the terms and conditions of the Agreement pursuant to Subsection B below.
B. A midterm review of the terms and conditions of the Agreement on a particular subject matter may only be granted by the Chief of Police. 1) A request for a midterm review of the terms and conditions of the Agreement shall be communicated to the Chief of Police in writing, from a representative(s) of the towing industry, not merely at the request of a single Franchisee. The Chief of Police may also request a midterm review if he/she feels it is in the best interests of the motoring public, the tow industry, and/or the Department.
2) Conditions indicating a need for midterm review must be substantial and must affect the entire towing industry or the Salinas Police Department. For purpose of this Agreement, the midterm review process is not intended to provide relief for a small number of Franchisees who wish to increase their rates, or change any other term or condition of the Agreement, to compensate for financial problems brought about as a result of business decisions or conditions which affect a small percentage of the industry. 3) A request for review shall not be processed if there are 60 days or less remaining in the term of the Agreement.
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B. A midterm review, when granted by the Chief of Police or his/her designee, shall not automatically authorize a change in the terms and conditions of this Agreement.
If a midterm review is announced by the Chief of Police, or his/her designee, it is the responsibility of the Chief of Police to conduct a review of the conditions which initially caused the request to be communicated and to determine if the change is justified.
1) The Chief of Police, after completing the review of all pertinent issues, may authorize the Franchisees to submit their proposed changes or he/she may notify the Franchisees of changes to be implemented and direct them to comply with those changes. If, after evaluating all pertinent information, the Chief of Police authorizes or directs a change in the terms and conditions of the Agreement, or if he/she decides that a change is not justified, he/she shall notify the towing industry representative within 14 calendar days. a) Franchisees shall resubmit their proposed changes in writing to the Chief of Police within seven calendar days of the date that the Chief of Police announces his/her decision. Failure to resubmit a written proposal within the specified time may result in the Franchisee forfeiting its ability to propose more equitable conditions or rates, or may be cause for disciplinary action or termination of the Agreement.
(1) If the proposed change affects tow rates only, Franchisees shall resubmit their proposed rates on a new application.
The new application shall contain only the information
pertinent to the rate proposals. When received by the Salinas Police Department, the new application shall be attached to the original application for the current term.
(2) The Chief of Police shall determine the reasonableness of the rate, based upon the average of the proposed rates submitted.
An additional page with the new rate(s) shall be signed and attached to the original.
19. ADVERTISING
A. The Franchisee shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the Salinas Police Department. 1) Examples include, “Official Salinas Police Department Tow,” “Approved by Salinas Police Department,” “Salinas Police Department Rotation Tow,” etc.
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2) This shall not preclude the Chief of Police from implementing a system to mark and identify particular tow trucks as having passed the Salinas Police Department inspection.
B. Any violation of this section is cause for disciplinary action.
20. CANCELLATION
This Agreement may be cancelled by either party without prejudice and without cause by giving 20 days advance written notice to the other party.
21. FRANCHISE FEES.
A. Franchisee shall pay to City a franchise fee in an amount as set forth by resolution of the City Council.
B. Franchise fees shall be due and payable in full no later than the tenth (10th) day of each quarter. The franchisee shall pay the required franchise fee to the City's director of finance.
C. Any franchise fees which remain unpaid after the date specified in subsection (B) above shall be delinquent and shall result in an immediate penalty equal to 10% of the unpaid amount. The unpaid amount shall thereafter accrue interest at 10% per annum until paid.
D. In the event of the suspension or termination of a franchise, the franchisee shall forfeit any fees paid to the City. Franchisee waives any and all claims or rights to collect back from the City any amounts collected by the City pursuant to this program.
E. The payment to the City by the franchisee pursuant to this article shall be in addition to any license fee or business tax prescribed by the City for the same period.
F. By accepting this franchise, Franchisee irrevocably waives the defenses of any statute of limitation, laches, waiver or other equitable doctrine of similar import or effect in any action brought by the City to recover any franchise fee, interest or penalties due under this Agreement.
G. By accepting this franchise, Franchisee agrees that if it challenges the right of the City to collect the franchise fee provided by this Agreement, any relief requested by Franchisee and awarded to it by virtue of such challenge shall be prospective only from and after the date of the filing of the initial pleading seeking such relief in a court of competent jurisdiction. Franchisee hereby waives any and all claims or rights to collect back from the City, or obtain credit against future payment obligations, any amounts collected by the City prior to the filing of the initial pleading seeking such relief. In the event Franchisee's challenge to any franchise fee payments should result in an initial judgment in its favor, Franchisee shall continue to make all franchise fee payments in accordance with this Agreement pending an appeal by the City. If the court of appeal, or trial court if City elects not to appeal, determines that the City is not entitled to collect any or all of the franchise TSFA FY 2025-26 Page 28
fees, the City shall refund to Franchisee those portions of the franchise fee which the court deems the City was not entitled to collect which were made subsequent to the filing of the initial action by Franchisee, exclusive of interest on such amount.
H. The City shall retain the right to impose alternative forms of fees in the event that the franchise fees provided for in this Agreement do not adequately recover the actual and reasonable costs of the police department’s towing program and/or are no longer assessable due to a subsequent change in federal, state or local law.
22. 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.
23. SEVERABILITY.
If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
24. NOTICES.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:
Salinas Police Department
312 E. Alisal St
Salinas, California 93901
With a copy to:
City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to the Contract shall, until further notice by the Contractor, be addressed to:
[Insert Notice Contact Information]
(C) The execution of any such notices by the City Manager of the City shall be effective as to Contractor as if it were by resolution or order of the City Council, and Contractor shall not question the authority of the City Manager to execute any such notice.
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(D) All such notices shall either be delivered personally to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.
25. NONDISCRIMINATION.
During the performance of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.
26. CONFLICT OF INTEREST.
Contractor warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Contractor further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Contractor shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Contractor further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Contractor as the result of Contractor’s performance of the work or services pursuant to the terms of this Agreement.
25. HEADINGS.
The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
26. ATTORNEY’S FEES.
In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.
27. RIGHTS AND OBLIGATIONS UNDER AGREEMENT.
By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
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28. LICENSES.
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its representatives, agents or subcontractors by federal, state or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
30. 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.
31. LEGAL REPRESENTATION.
Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect.
Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
32. JOINT REPRESENTATION.
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.
33. WARRANTY OF AUTHORITY.
Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.
34. WAIVER OF RIGHTS.
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
TSFA FY 2025-26 Page 31
CITY OF SALINAS
_____________________________ ______________________________ René Mendez, City Manager Date
APPROVED AS TO FORM:
______________________________
Christopher A. Callihan, City Attorney Date
FRANCHISEE
Company Name
______________________________ ______________________________ Authorized Representative Signature Date
Authorized Representative Name
TSFA FY 2025-26 Page 32
ATTACHMENT A
DEFINITIONS
CHIEF OF POLICE
The Chief of Police of the City of Salinas and/or his/her designee.
BASE SERVICES
Flat tires, out of gas, lockouts, and other similar roadside services.
ENROLLMENT PERIOD
The enrollment period for purposes of this Agreement shall be the period during which a Request for Proposals has been released by the City with respect to services to be provided hereunder or the date, established by the City, on which this Agreement is signed each year by tow service providers.
INCIDENT COMMANDER
The Salinas Police Department member present at the incident that has scene management responsibilities.
LOAD SALVAGE OPERATIONS
Any operation involving the recovery of a load which has been spilled, or the off-loading and reloading of a load from an overturned vehicle performed in order to upright the vehicle.
NORMAL BUSINESS HOURS
For the purpose of this agreement, “normal business hours” shall not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following holidays: New Years Day, Martin Luther King Day, Lincoln’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day,.
Columbus Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Eve, and Christmas Day as recognized by the State of California and the City of Salinas.
NOTICE
All notices relating to this Agreement shall be in writing and delivered to the other party in person, via FAX, email or by US mail.
FRANCHISEE
A tow service operator that has been issued a Letter of Authorization, has signed the Tow Service Franchise Agreement, and is approved to receive Salinas Police Department referred calls. The term “Franchisee” refers to the company, its owner(s), and its manager(s) who have authority to TSFA FY 2025-26 Page 33
enter into an Agreement with the Salinas Police Department for towing services and to conduct business in accordance with the terms of this Agreement, and its employees.
PARTY OF INTEREST
Refers to the registered owner of the vehicle, or his/her agent. An agent is a party who may lawfully act on behalf of the registered or legal owner of the vehicle.
PERSONAL PROPERTY
Any item(s) that are not affixed to a vehicle, including but not limited to: papers, transportable cellular telephones, pull-out radios, portable radios, portable stereo equipment, clothes, luggage, tools, etc.
PORTAL TO PORTAL
Service shall start at the time of departure from the place of business or point of dispatch, whichever is closer to the location of the call, and shall end at the estimated time of return to the place of business or the completion of the call, if another call is pending, whichever is shorter.
Return to place of business includes a reasonable and verifiable amount of time required to place the tow truck back into service when unusual circumstances require additional time that are not part of normal operating procedures. (Examples: 1) 4x4 recovery in the mud: reasonable to charge for cleaning mud from truck and equipment, 2) burned car on car carrier: reasonable to charge for cleaning burn debris from carrier bed; 3) car towed from side of road on misty night and leaves mud track on bed of carrier: not reasonable to charge for cleaning of carrier bed.) For the purpose of this Agreement, "Portal to Portal” shall also mean “Portal to End of Service.” The Chief of Police of the Salinas Police Department and/or his/her designee
POSSESSION
Possession is deemed to arise when the vehicle is removed and is in transit, or when vehicle recovery operations or load salvage operations have begun (Section 3068.1[a] of the Civil Code [CC] and Section 22851[a][1] of the California Vehicle Code [CVC]).
PUBLIC SAFETY RESPONSE CALL
A response that results in storage of a vehicle at the direction of an officer. This does not include storage at the request of the vehicle Franchisee, registered owner, or agent.
REPRESENTATIVE
A person or group of persons appointed by the Franchisees within the City, designated to represent their interests to the Chief of Police.
RESPONSE TIME
TSFA FY 2025-26 Page 34
The period of time from a Franchisee’s notification by the Salinas Police Department Communications Center of a call to the arrival of the tow truck at the location requested.
RETAIL RATE
The usual customary retail rate charged by a Franchisee to individual retail customers. This is the competitive rate a company has posted in the office and quotes over the phone.
SUSPENSION
Removal of a Franchisee from the rotation tow list for a specified period of time. Suspensions may be effective immediately and may be for periods longer than the current term of the Agreement.
TERMINATION
Permanent removal of a tow Franchisee from the rotation tow list for the remainder of the term of the Tow Service Agreement and disqualification from any further participation in the Department’s Rotation Tow Program. Termination may be with or without cause.
TOW TRUCK
A tow truck as defined in Section 615 of the California Vehicle Code. Also includes slide back carriers and wheel lift vehicles.
TOW SERVICE AGREEMENT
A document which sets forth the terms and conditions of an Agreement between the Franchisee and the officer representing the Salinas Police Department.
VEHICLE RECOVERY OPERATION
An operation involving the process of uprighting an overturned vehicle or returning a vehicle to a normal position on the roadway which requires the use of auxiliary equipment due to the size or location of the vehicle.
WRITTEN REPRIMAND
A written notice to a Franchisee which specifies any violation(s) of the Tow Service Agreement, orders corrective action, and warns of further action(s) to be taken if corrective action is not taken.
TSFA FY 2025-26 Page 35
ATTACHMENT B
I. GENERAL EQUIPMENT SPECIFICATIONS AND USE REQUIREMENTS A. Equipment Limitations
1) All towing equipment, recovery equipment, and carrier ratings are based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected.
B. Towing Limitations
1) GVWR and not exceed either the front axle weight ratings (FAWR) or rear axle weight ratings (RAWR).
2) The truck must meet all applicable state and/or federal standards. 3) The front axle load must be at least 50% of its normal or unladed weight after the load is lifted.
4) Any violation of this section is cause for suspension.
C. Identification Labels
1) Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity.
D. Recovery Equipment Rating
1) The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30- degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell). a) The structural design of the recovery equipment must have a higher load capacity than the performance rating(s).
b) Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE) Handbook, SAE J706.
TSFA FY 2025-26 Page 36
c) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment.
E. Safety Chains
1) Safety chains shall be rated at no less than the rating specified by the OEM. a) Two safety chains shall be used for vehicles being towed. The safety chains shall be securely affixed to the truck bed frame or wrecker boom, independent of the towing sling, bar or hitch, wheel lift or under lift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety chains by either two chains or two straps.
b) Vehicles being transported on slide back carriers shall be secured by four tie-down chains or straps independent of the winch or loading cable.
c) All safety connections and attachments shall have a positive means, of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while in transit.
F. Control/Safety Labels
1) All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions.
G. Signs
1) All tow trucks shall display signs on both sides containing the Franchisee’s company name, business address, and telephone number. The signs shall be permanently affixed and in compliance with the requirements of Section 27907 VC.
H. Wire Rope (Cable)
1) Wire rope shall be maintained in good condition. Only wire rope with swaged ends, wedge locks, or braided ends, with metal sleeves in the loops, shall be approved for use by the Salinas Police Department. Consistent with the California Code of Regulations, Title 13, Section 1305(b), wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusty, kinked, badly worn, when there are 12 or more wires broken in lay length, or where there is other visible evidence of loss of strength.
TSFA FY 2025-26 Page 37
2. TOW TRUCK CLASSIFICATIONS AND EQUIPMENT SPECIFICATIONS A. Class A Tow Truck
1. Minimum Equipment Specifications
a) 14,000 pound GVWR chassis.
b) 4-ton recovery equipment rating
c) Hydraulic or mechanical winch(es).
d) 100 foot 3/8 inch 6 x 19 cable or original equipment manufacturers (OEM) specifications.
e) Tow chains, 5/16 inch alloy or OEM specifications, J/T hook assembly.
f) Safety chains, 5/16 inch alloy or OEM specifications. g) Tow sling rating 3,000 pounds, when equipped.
h) Wheel lift safety straps or equivalent mechanical device. i) All required wheel safety straps or equivalent mechanical device.
All required wheel safety straps, or equivalent wheel retention device, tie-down straps, and safety chains shall be used during towing operations.
j) Tow dolly.
k) One 3-ton snatch block.
l) Wheel lift rating – retracted 3,000 pounds
85 inch extension 3,000 pounds
Measured from the center line of the rear axle of the towing vehicle to 10 inches behind the back face of the lifting bar.
B. Class A Car Carrier – One Car
1. Minimum Equipment Specifications
a) 14,000 pound GVWR chassis.
b) Hydraulic or mechanical winch.
TSFA FY 2025-26 Page 38
c) 50 feet 3/8 inch 6x19 cable or OEM specifications.
d) J/T hook loading bridle/chains.
e) Safety chains, 5/16 inch alloy or OEM specifications; four safety chains for the vehicle being transported.
f) All required tie-down straps and safety chains shall be used as required during towing operations.
C. Class A Car Carrier – Two Cars
1. Minimum Equipment Specifications
a) 16,001 pound GVWR chassis.
b) Hydraulic or mechanical winch.
c) 50 feet 3/8 inch 6x19 cable or OEM specifications.
d) J/T hook loading bridle/chains.
e) Safety chains, 5/16 inch alloy or OEM specifications; four safety chains for the vehicle being transported and two safety chains for the vehicle being towed.
(1) All required tie-down straps and safety chains shall be used as required during towing operations.
D. Class C tow truck
1) Minimum Equipment Specifications
a) 48,000 pound GVWR chassis.
b) Air brakes w/air hookup package.
c) 30-ton recovery equipment rating.
d) Hydraulic or mechanical winch(es).
e) 250 foot ¾ inch 6x9 cable or OEM specifications.
f) Tow chains, 5/8 inch alloy or OEM specifications.
g) Safety chains, 5/8 inch alloy or OEM specifications.
TSFA FY 2025-26 Page 39
h) Tow sling rating 20,000 pounds.
i) Two 12-ton snatch blocks.
j) Under lift rating – retracted 32,000 pounds
100 inch extension * 16,000 pounds
Measured from the center line of the rear axle to the center of the lift forks.
3. AUXILIARY EQUIPMENT
A. Required Equipment All Classes
1. Extension -- Brake and tail lamps.
2. Fire extinguisher (Approved 4-B, C rating or better).
3. Flashlight.
4. Broom.
5. Shovel.
6. Wrecking bar (large pry bar).
7. Reflective triangles.
8. Equivalent of six 30-minute flares.
9. Covered trash can(s) with absorbent.
10. Shop rags and/or paper towels.
11. Shop to truck communications (C/B and cellular phones excluded).
B. Service and Other Equipment -- (For service calls, each tow truck shall be equipped with the following service equipment):
1. Adequate emergency supply of fuel in an approved container.
2. Booster battery or hot box starting system.
3. Hydraulic jack capable of handling passenger cars and light trucks.
TSFA FY 2025-26 Page 40
4. Metric and standard lug wrenches.
5. Rubber mallet/hub cap tool.
6. Lockout tools.
7. Motorcycle straps (Class A only).
8. Sledge hammer.
9. Tool kit may include:
a) Assorted open end wrenches; standard, ¼ inch – 7/8 inch and Metric, 6-19 mm.
b) Assorted screwdrivers; Straight blade and Phillips.
c) Crescent wrench.
d) Ball peen hammer.
e) Pliers.
f) Battery and terminal cleaning tool.
g) Mechanic’s wire.
h) Plastic electrical tape/duct tape.
i) Tire valve core tool.
j) Miscellaneous fuses.
k) Small pry bar.
l) Socket sets; ¼ inch – 1 inch and 6-19 mm.
m) Ratchet and extensions.
C. Class A
1. Required Equipment
a) One 3-ton rated snatch block.
TSFA FY 2025-26 Page 41
b) Towing sling -- J/T hook tow chain assembly, a 4”x4”x48” and a 4”x4”x60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains.
c) Wheel lift -- Wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety chains.
d) Car carrier -- J/T hook loading bridle, a 4”x4”x48” and a 4”x4”x60” wooden crossbeam, a pair of spacer blocks, and two pairs of safety chains.
D. Classes B and C
1. Required Equipment
a) Towing sling -- Tow chain assembly, a 4”x4”x60” and a 6”x6”x60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, and safety chains.
b) Truck hitch -- Tow chain assembly, 4”x4”x60” and 6”x6”x60” wooden crossbeams (as necessary), aluminum tow angle(s) and safety chains.
c) Under reach -- Assortment of lift forks/adapters, safety tie-down chain(s), and safety chains.
d) Steering wheel clamp.
e) Two 12-ton rated snatch blocks.
f) Axle covers/caps.
g) Air hoses and necessary fittings to provide air to the towed vehicle.
TSFA FY 2025-26 Page 42
ATTACHMENT C
FEE SCHEDULE
Class A Class B Class C Class D
HOURLY RATE
INSIDE STORAGE
OUTSIDE STORAGE
LABOR (NONSKILLED)
SPECIAL EQUIPMENT Rate
FUEL SURCHARGE Rate
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-128, Version: 1
Agreement with Wallace Group for the Sanitary Sewer Rate Study Approve a Resolution delegating authority to the City Manager to execute a Professional Services Agreement with Wallace Group for the Sanitary Sewer Rate Study (Project No. 9008) for a total not to exceed amount of $50,964.00; and approving a transfer of $65,000.00 to CIP 9008 for additional work needed to complete the Sanitary Sewer Rate Study process.
City of Salinas Page 1 of 1 Printed on 6/13/2025
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 17, 2025
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, DIRECTOR
BY: ADRIANA ROBLES, CITY ENGINEER
TITLE: AGREEMENT WITH WALLACE GROUP FOR THE SANITARY
SEWER RATE STUDY
RECOMMENDED MOTION:
A motion to approve a Resolution:
1. Delegating authority to the City Manager to execute a Professional Services Agreement with Wallace Group for the Sanitary Sewer Rate Study (Project No. 9008) for a total not to exceed amount of $50,964.00; and
2. Approving the transfer of $65,000.00 from 1000.50.5125-63.6010 to CIP 9008 in order to cover additional work needed to complete the Sanitary Sewer Rate Study process.
EXECUTIVE SUMMARY:
This Report presents a Professional Services Agreement with Wallace Group to cover additional ongoing services for the sanitary sewer rate study for the City’s sewer collection system based on the increased level of support required and includes the request to transfer the necessary funds to allow completion of the study, including re-initiating the required Proposition 218 noticing process.
BACKGROUND:
The City of Salinas owns and operates a municipal sanitary sewer collection system for the residents and businesses within its service area. The existing system is maintained through the collection of service fees administered by Monterey One Water.
On February 16, 2021, City Council approved Resolution No. 22051 approving the Agreement for Professional Services with Wallace Group for the Sanitary Sewer Master Plan (SSMP) Update in the amount of $588,249 (“the Agreement”). On October 18, 2022, City Council approved Resolution No. 22500 approving the Revised and Restated Professional Services Agreement between the City of Salinas and Wallace Group for an amended amount of $633,249.
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On May 2, 2023, City Council adopted the Sanitary Sewer Master Plan Update through Resolution No. 22648. The SSMP Update identified existing hydraulic deficiencies, operation and maintenance repairs, and lift station upgrades required to keep the existing sanitary sewer system operational. The SSMP also identified several sewer mains which require both repairs and upsizing to meet the anticipated additional sewage flow demand from the North of Boronda Future Growth Area.
On April 23, 2024, an amendment to Wallace Group’s Agreement was approved by City Council through Resolution No. 22947 allowing for the commencement of a sanitary sewer rate study (“Study”) to have Wallace Group and subconsultant (DTA) evaluate potential rate structures and provide recommendations on how to address funding gaps for sanitary sewer system repairs, upgrades and future needs. Compensation under the amended Agreement resulted in a not to exceed amount of $696,339.00 and the Agreement term was extended through December 30, 2024.
The Agreement is now expired, but work has continued by Wallace Group and DTA, reanalyzing various funding scenarios and making presentations before City Council and Finance Committee.
This level of support is greater than anticipated, and a new agreement and budget augmentation is required to continue the additional services. The new agreement extends the agreement terms until December 31, 2025.
Additionally, an error was reported in the public hearing notice which requires the re-initiation of the Proposition 218 process. In order to process the new agreement and allow for the printing and mailing of the revised public hearing notices, a transfer of $65,000 is required.
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:
Yes.
STRATEGIC PLAN INITIATIVE:
The proposed project and agreement meet the City Council’s Strategic Plan Goals of Infrastructure and Environmental Sustainability and Economic Development.
DEPARTMENTAL COORDINATION:
All efforts involved in the preparation of the Sanitary Sewer Master Plan Update, its resulting Nexus Study and the Sewer Rate Study have been coordinated between various Public Works Department divisions and include support from the City’s Legal and Finance Departments.
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FISCAL AND SUSTAINABILITY IMPACT:
The total compensation for the Consultant’s support under the Professional Services Agreement with Wallace Group is $50,964.00. Staff is requesting a budget reallocation of $65,000 from the General Fund to CIP 9008 to cover the consultants’ work, printing and postage costs.
Fund
CIP
(5800) Appropriation Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25 CIP
Budget Page
Last Budget
Action
(Resolution, Date)
1000 n/a 50.5125-63.6010 Outside
Services
$74,509 $65,000 n/a 22507,
11/01/2022
23205,
02/25/2025
2301 9008 50.9008-63.5400 &
63.5900
Outside
Services -
Engineering
& Other
$18,005 $65,000 n/a 22947,
04/23/2024
ATTACHMENTS:
Resolution
Agreement for Professional Services between the City of Salinas and Wallace Group Page | 1
RESOLUTION NO. (N.C.S.)
A RESOLUTION TO APPROVE AN AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF SALINAS AND WALLACE GROUP
FOR THE SANITARY SEWER RATE STUDY
WHEREAS, the City of Salinas owns and operates a municipal sanitary sewer collection system for the residents and businesses within its service area; and WHEREAS, the existing system is maintained through the collection of service fees administered by Monterey One Water; and
WHEREAS, on February 16, 2021, City Council approved Resolution No. 22051 approving the Agreement for Professional Services between Wallace Group and the City of Salinas for the Sanitary Sewer Master Plan (SSMP) Update in the amount of $588,249.00; and WHEREAS, on October 18, 2022, City Council approved Resolution No. 22500 restating and amending the Professional Services Agreement between the City of Salinas and Wallace Group for an amended amount of $633,249.00; and
WHEREAS, on May 2, 2023, City Council adopted the Sanitary Sewer Master Plan Update (SSMP) through Resolution No. 22648; and
WHEREAS, the SSMP identified existing hydraulic deficiencies, operation and maintenance repairs, and lift station upgrades required to keep the existing sanitary sewer system operational; and
WHEREAS, the SSMP also identified several sewer mains which require both repairs and upsizing to meet the anticipated additional sewage flow demand from the North of Boronda Future Growth Area; and
WHEREAS, on June 19, 2023, City of Salinas and Wallace Group agreed to Amendment No. 1 to the restated and amended Professional Services Agreement (“Agreement”) for the Sanitary Sewer Master Plan, extending the contract term; and WHEREAS, on April 23, 2024, City Council approved Resolution No. 22947 for an amended amount of $696,339.00 and contract term extension to December 30, 2024, to allow for the commencement of a sewer rate study to have Wallace Group and subconsultant (DTA) evaluate potential rate structures and provide recommendations on how to address funding gaps for sanitary sewer system repairs, upgrades and future needs; and
WHEREAS, the Agreement is now expired, but work has continued by Wallace Group and DTA, reanalyzing various funding scenarios and making presentations before City Council and Finance Committee; and
WHEREAS, the level of support in the preparation of the Study from the Wallace Group and DTA is greater than anticipated, and a new agreement and budget augmentation is required to continue the additional services; and
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WHEREAS, an error was found in the public hearing notice requiring the process to be re-initiated and new public hearing notices to be required; and WHEREAS, funds are required to be allocated for production, printing, and postage of the revised public hearing notices; 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).
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Resolution:
1. Approving a Professional Services Agreement between the City of Salinas and Wallace Group for the Sanitary Sewer Rate Study (Project No. 9008) for a total not to exceed compensation amount of $50,964.00; and
2. Approving the transfer of $65,000.00 from 1000.50.5125-63.6010 to CIP 9008 in order to cover additional work needed to complete the Sanitary Sewer Rate Study process.
PASSED AND APPROVED this 17
th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Dennis Donohue, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Enviro. Prof. Services Agreement v. April 2025
Wallace Group SSMP Update, June 2025
AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF SALINAS AND WALLACE
GROUP
Enviro. Prof. Services Agreement v. April 2025
Wallace Group SSMP Update, June 2025
Contents
RECITALS................................................................................................................................. 4
1. Scope of Service. ................................................................................................................. 5
2. Term; Completion Schedule. ............................................................................................... 5
3. Compensation ...................................................................................................................... 5
4. Billing .................................................................................................................................. 5
5. Meet and Confer. ................................................................................................................. 6
6. Additional Copies. ............................................................................................................... 6
7. Responsibility of Consultant................................................................................................ 6
8. Responsibility of City. ......................................................................................................... 6
9. Acceptance of Work Not a Release. .................................................................................... 7
10. Indemnification and Hold Harmless. ................................................................................... 7
11. Insurance.............................................................................................................................. 7
12. Access to Records................................................................................................................ 7
13. Assignment. ......................................................................................................................... 7
14. Changes to Scope of Work. ................................................................................................. 7
15. Ownership of Documents. ................................................................................................... 8
16. Termination.......................................................................................................................... 8
17. Compliance with Laws, Rules, and Regulations. ................................................................ 9
18. Exhibits Incorporated........................................................................................................... 9
19. Independent Contractor........................................................................................................ 9
20. Integration and Agreement. ................................................................................................. 9
21. Jurisdiction......................................................................................................................... 10
22. Severability. ....................................................................................................................... 10
23. Notices. .............................................................................................................................. 10
24. Nondiscrimination.............................................................................................................. 10
25. Conflict of Interest. ............................................................................................................ 11
26. Headings. ........................................................................................................................... 11
27. Attorneys’ Fees.................................................................................................................. 11
28. Non-Exclusive Agreement................................................................................................. 11
29. Rights and Obligations Under Agreement......................................................................... 11
30. Licenses.............................................................................................................................. 11
31. Counterparts....................................................................................................................... 11
32. Legal Representation. ........................................................................................................ 11 Enviro. Prof. Services Agreement v. April 2025
Wallace Group SSMP Update, June 2025
33. Joint Representation........................................................................................................... 12
34. Warranty of Authority........................................................................................................ 12
35. No Waiver of Rights. ......................................................................................................... 12 Exhibit A- Insurance Requirements for Environmental Contractors and/or Consultants ........ 13 Scope of Service (Exhibits B, B1, B2 and B3) ........................................................................ 16 Enviro. Prof. Services Agreement v. March 2025
Wallace Group SSMP Update, June 2025
AGREEMENT FOR PROFESSIONAL SERVICES FOR ENVIRONMENTAL
CONSULTANTS/CONTRACTORS BETWEEN
THE CITY OF SALINAS AND WALLACE GROUP
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 17th day of June, 2025, by and between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Wallace Group, a California Corporation, (hereinafter “Consultant”).
RECITALS
WHEREAS, the City owns and operates a municipal sanitary sewer collection system for the residents and businesses within its service area; and WHEREAS, the existing system is maintained through the collection of service fees administered by Monterey One Water; and
WHEREAS, on February 16, 2021, City Council approved Resolution No. 22051 approving the Agreement for Professional Services for Environmental Consultants/Contractors between the City and Consultant for the Sanitary Sewer Master Plan (SSMP) (Project No. 9008) Update in the amount of $588,249.00; and
WHEREAS, over the course of conducting the SSMP study, certain tasks that were not in the original scope of work were required, and the original agreement approved by City Council expired and required revision to the terms to extend the completion date; and WHEREAS, on October 18, 2022, City Council approved Resolution No. 22500 approving the Amended and Restated Professional Services Agreement for Environmental Consultants/Contractors (“the Agreement”) between the City of Salinas and Wallace Group for an amended amount of $633,249.00; and
WHEREAS, on May 2, 2023, City Council adopted the Sanitary Sewer Master Plan Update (SSMP) through Resolution No. 22648; and
WHEREAS, on June 19, 2023, the City and Consultant amended the Agreement extending the term of the Agreement to June 30, 2024, Agreement Amendment No. 1; and WHEREAS, on April 23, 2024, the City and Consultant amended the Agreement 1) to increase compensation to $696,339.00 expanding the scope of work to include a wastewater rate study to align service fees with the adopted SSMP, and 2) to extend the term of the Agreement to December 30, 2024, Agreement Amendment No. 2; and
WHEREAS, the Agreement expired by its own terms on December 30, 2024; and WHEREAS, the efforts of the sanitary sewer rate study for the City’s sewer collection system are still ongoing and are anticipated to conclude in December 2025; and Enviro. Prof. Services Agreement v. March 2025
Wallace Group SSMP Update, June 2025
WHEREAS, Consultant has requested a budget augmentation to the current compensation under the Agreement to cover additional out-of-scope services based on the level of support to City staff which has been greater than anticipated during the preparation of a sanitary sewer rate study for the City’s sewer collection system; and WHEREAS, Consultant and City desire to renew and amend the Agreement.
NOW, THEREFORE, City and Consultant agree as follows:
TERMS
1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibits B, B1, B2 and B3, attached hereto and incorporated herein by reference.
2. Term; Completion Schedule. This Agreement shall be deemed to have commenced on December 31, 2024, and all of its provision shall be deemed to have been in effect continuously since that time, and shall terminate on December 31, 2025, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties and may be terminated only pursuant to the terms of this Agreement.
3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation set forth in Exhibits B, B1, B2 and B3. The total amount of compensation to be paid under this Agreement shall not exceed fifty thousand nine hundred sixty-four dollars ($50,964.00).
4. Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice.
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:
(A)A brief description of services performed;
(B) The date the services were performed;
(C)The number of hours spent and by whom;
(D)A brief description of any costs incurred; and
(E) The Consultant’s signature.
Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.
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5. Meet and Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.
6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.
7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.
8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City. (B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.
(C) City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services.
City may unilaterally change its representative upon notice to the Consultant. (D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.
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9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.
10. Indemnification and Hold Harmless.
Consultant shall indemnify, and hold City and its officers, and employees harmless, but not defend, from and against any and all liability, claims, damages arising out of any personal injury, bodily injury, loss of life, or damage to any property, or violation of any relevant applicable federal, state or municipal law or ordinance in connection with negligent, recklessness or intentional wrongful acts or omission of Consultant, its employees, subcontractors or agents, or on account of the negligent performance or character of the work, performed in breach of the applicable standard of care, except for any such claim arising from the negligence or willful misconduct of the City, its officers, employees or agents. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
Consultant shall reimburse the City for all costs and expenses including, but not limited to court costs, incurred by the City in enforcing the provisions of this section.
Nothing contained in the indemnity provisions shall be construed to require Consultant to indemnify the City, against any responsibility or liability in contravention of Civil Code 2782.
11. Insurance.
Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours.
Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.
13. Assignment. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.
14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be Enviro. Prof. Services Agreement v. March 2025
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completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Rate of compensation shall be based upon the Consultant’s rates shown in Exhibits B, B1, B2 and B3 of this Agreement. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.
15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibits B, B1, B2 and B3 and/or Section 3 of this Agreement, except that:
(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense. (C) In the event that this Agreement is terminated by City for any reason, Consultant shall:
(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and Enviro. Prof. Services Agreement v. March 2025
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(2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material. The Consultant may retain an archival copy of the confidential information, to the extent necessary to comply with Law or archival policies. (D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
(1) Consultant may suspend or terminate this Agreement, upon written notice to the City, as follows:
i. Due to failure of the City to make payments when due, unless and until Consultant has been paid in full all amounts due for services, expenses and other approved related charges. Consultant shall have no liability whatsoever to the City for any costs or damages as a result of such suspension or termination caused by any breach of this Agreement by the City. Upon payment-in-full by the City, Consultant shall resume services under this Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension.
17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.
19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.
20. Integration and Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
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Wallace Group SSMP Update, June 2025
21. 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.
22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:
City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
With a copy to:
City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:
Kari Wagner, PE
Principal
612 Clarion Court
San Luis Obispo, CA 93401
(C) The execution of any such notices by the City Manager shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice. (D) All such notices shall either be delivered personally to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.
24. Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or Enviro. Prof. Services Agreement v. March 2025
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disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.
25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.
26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.
28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.
29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of Enviro. Prof. Services Agreement v. March 2025
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its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.
34. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.
35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.
Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.
CITY OF SALINAS
__________________________________
René Mendez, City Manager
APPROVED AS TO FORM:
_________________________________
□ Christopher A. Callihan, City Attorney or
□ Rhonda Combs, Assistant City Attorney
CONSULTANT
___________________________________
By: Kari Wagner
Its: Principal
Enviro. Prof. Services Agreement v. March 2025
Wallace Group SSMP Update, June 2025
Exhibit A- Insurance Requirements for Environmental Contractors and/or Consultants Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, coverage should be maintained for a minimum of five (5) years after Contract completion, if commercially available.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form CA 0001 covering any auto (Code 1), or if Consultant has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
4. Errors & Omissions: Insurance applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, the Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim 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.
Enviro. Prof. Services Agreement v. March 2025
Wallace Group SSMP Update, June 2025
Other Insurance Provisions
1. The General Liability, and/or Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Forms 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 Consultant’s insurance coverage, except for Professional Liability and Workers Compensation, shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Salinas, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
2. If General Liability and/or Errors & Omissions coverages are written on a claims-made form:
1. The retroactive date must be shown, and must be before the date of the contract or the beginning of Agreement of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification / remediation, the Contractor’s PLL policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractor’s PLL shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
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Wallace Group SSMP Update, June 2025
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII if admitted in the State of California. If Contractor’s Pollution Liability, Asbestos Pollution and/or Errors & Omissions coverages are not available from an admitted insurer, the coverage may be written by a non-admitted insurance company. A non-admitted company should have an A.M.
Best rating of A:X or higher. Exception may be made for the California State Compensation Insurance Fund if not rated.
Verification of Coverage
Consultant shall furnish the City with original certificates of insurance and amendatory endorsements, or copies of the applicable insurance policy language effecting coverage required by this contract and a copy of the Declarations and Endorsements page of the policy listing all policy endorsements. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Waiver of Subrogation
Consultant hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City of Salinas is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as ISO CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.
Enviro. Prof. Services Agreement v. March 2025
Wallace Group SSMP Update, June 2025
Scope of Service & Compensation
(Exhibits B, B1, B2 and B3)
Wallace Group 1
Exhibit B
SCOPE OF SERVICES
Wallace Group proposes the following scope of services, based on the City’s Request for Proposals (RFP) for the Sanitary Sewer Master Plan update and outline scope requested. We look forward to discussing the scope of work with the City.
Task 0: Project Management and Meetings
Task 0.1: Project Management and Coordination
This Task includes day‐to‐day coordination of project activities, including scheduling and budget controls, staffing needs and coordination, Client coordination, monthly status updates, and other related project management activities. This Project Management Budget is based on an overall implementation schedule of 12 months.
Task 0.2: Kick‐off Meeting and Field Review of Facilities We will coordinate and attend a kick‐off meeting with key Team members and City staff. This is a very key meeting, and as such, even with the COVID‐19 Pandemic, this is planned to be an in‐person meeting. On or before the meeting, we will provide the City with a list of information needs. We will prepare the meeting agenda and minutes for this meeting. This meeting will focus on scope of work, schedule, deliverables, and other components of the project so that the project direction is agreed upon by the Team members in advance. We will request that any items that may be of importance for the completion of the report be provided to us at the time of the kick‐off meeting. Following the kick‐off meeting we will tour the City’s collection system facilities, including lift stations to gain a better understanding of the operations and constraints. This is also a great opportunity to talk with the collection system operators to better understand their concerns about how the collection system functions and identify known problem areas.
Task 0.3: Review and Progress Meetings
To ensure coordination with the City throughout the project duration, we will attend monthly meetings (via Zoom). The budget is based on a total of 12 meetings through the duration of the proposed schedule.
Meetings may be adjusted as to frequency based on need and will be coordinated with the City as the Project progresses. We will prepare the meeting agenda and minutes for these meeting. For efficiency, we will schedule milestone meetings to coincide with the monthly meetings. We recommend the milestone meetings be in person to discuss the City’s comments on the deliverables. We will also be available for additional meetings at the request of the City on a time and materials basis.
Task 0.4: City Council Meetings
We will attend two City Council meetings to review the Sanitary Sewer Master Plan Update, one meeting to present the draft Master Plan Update, and the second meeting to present the final Master Plan Update and to answer any final questions Council may have. We will prepare a Power Point presentation for both City Council meetings.
Task 0.5: QA/QC
Wallace Group and respective subconsultant team members will provide in‐house quality assurance and quality control (QA/QC) at the various milestone stages. The QA/QC will be conducted by senior or principal engineers within the respective firms.
Wallace Group 2
Task 0.0 Deliverables:
Email documentation of meetings, information needs/request, and pertinent project coordination correspondence including monthly status updates (PDF only). Council Power Point Presentations
Task 1: Document Review and Data Collection
Task 1.1: Document Review and Data Collection
We will review the existing 2011 Sanitary Sewer System Master Plan, and details of the existing sanitary sewer system:
1. Review scope of services with City staff and review relevant documents, including but not limited to:
• Sanitary Sewer Management Plan (SSMP)
• Sewer Rate Study
• Salinas General Plan
• Economic Development Element
2. Review City’s sanitary sewer records to identify recent improvements constructed.
3. Coordinate with the City to obtain future development plans.
4. Review the City’s closed‐circuit television (CCTV) inspection videos, maintenance records, and meet with City staff to identify areas of concern regarding sewer mains (both gravity and force) and pump stations. The proposed budget for CCTV review is based on an assumed one hundred thousand miles (100,000 LF) of CCTV video to be reviewed, with an associated review cost of $0.50/LF (or $2,640 per mile). The review of CCTV video includes documenting observations and problem areas, which will be summarized in the Sewer Master Plan Update, and conditions of problem areas will be documented per NASSCO designations, and included in the CIP ranking matrix for development of CIP recommendations. This unit cost can be used to adjust the task budget based on actual CCTV footage to be reviewed.
5. Meet with City staff to review development plans and all relevant documents.
6. Collect and review asset management including:
• Force Mains in the Sanitary Sewer Collection System
• Lift Stations within the Sanitary Sewer Collection System • Identify gaps in data, including pipe diameter, location, flow direction, material, sewer MH invert, etc.
• Recommend a strategy to obtain missing data
• Work with GIS personnel to determine optimal method(s) to add any missing asset subcategories
Task 1 Deliverables:
Description and general inventory of the sanitary sewer system based on review of plans, reports, studies, and field inspections (PDF only)
Technical Memorandum summarizing sewer video review, based on NASSCO designations (PDF only)
Technical Memorandum including GIS Data Gap analysis for the Sanitary Sewer Collection System (PDF).
Task 2: Field Effort and GIS Update
Task 2.1 Survey Sanitary Sewer Manholes
Wallace Group will survey the rim elevations of each sewer manhole to be modeled (based on 750 manholes) and dip the manhole to obtain the invert elevation (invert in and invert out) of the flow lines. Wallace Group Wallace Group 3
will also take pictures of each of the manholes, which would then be included in the GIS database (see Task 2).
Based on photos and visual observation from ground surface, we will ascertain pipe material. It is requested that the City assist Wallace Group with locating the manholes and providing traffic control as needed in high traffic areas. This assistance greatly increases the efficiency of the survey work. Wallace Group can provide outside assistance for traffic control for an additional cost, not currently included in the cost proposal.
Optional Task 2.1A: Wallace Group will locate the remaining 2,575 sewer manholes throughout the City’s collection system and provide rim elevations using a handheld GPS unit. This information can then be incorporated in the GIS database (see Task 2). This effort will not provide invert elevations, pipe diameters, pipe material, or manhole condition information. Costs for this effort are not currently included in the fee estimate.
Task 2.2 Lift Station Assessment
Wallace Group, in conjunction with Fluid Resource Management (FRM), will conduct evaluations of the City’s eleven lift stations. FRM will coordinate with the City operations staff. FRM will provide a Cal‐OSHA confined space entry permit and perform such confined space entry to evaluate the wet well for visible signs of corrosion and “wear and tear”, and will make recommendations if a structural investigation of the wet well is warranted based on observation. We will evaluate the condition of piping and internal components, document the size of the wet well/pumping station, approximate depth and size of inverts, perform a pump draw down test and determine approximate flow from each pump, perform full load amperage and Meg‐ohm readings on each motor, verify automation of controls, evaluate the electrical system for possible deficiencies/code violations, document the pumps and motors make/model number, pull and inspect the pumps for signs of wear and tear including inspecting pump seals and fittings, electrical components for code violations, evaluate the pump seals, fittings, and overall condition, and perform a pump test to determine approximate flow, and measure amperage/power draws to check for signs of pump motor concerns. We will evaluate the system’s ability to meet existing and future demands based on the pumping capacity and will provide the City with lift station upgrade recommendations. It is expected that the review of the 11 lift stations will be conducted over a period of 4 consecutive days. We will request that the City provide operations staff intimately familiar with the details and history of the lift stations, and to operate equipment during the inspection/testing. We assume that access to each lift station will not require traffic control services. We will review the assessment information from FRM and provide recommendations for upgrades to the lift stations. We will summarize the findings of the lift station assessment in the Preliminary Findings Memorandum.
Task 2.3: In‐Line Flow Monitoring
Wallace Group will develop a flow monitoring program (FMP) in support of calibrating the hydraulic model of the sanitary sewer system. The flow monitoring plan will consider the areas to be monitored, including consideration of monitoring some or all the seven flow‐splits/diversions. The flow data will evaluate average flow rates and representative diurnal flow patterns throughout the City including in/out of all pump stations, and to assist in the review/identification of average flow rates for residential (single and multi‐family), commercial, hotel/motel, and apartment land uses. We will draft the flow monitoring plan, with meter locations and methodology to be reviewed and approved by the City.
As part of the FMP, we will work with US3 to review site conditions of the potential monitoring sites, assuring they are hydraulically suitable for accurate flow monitoring measurements. We will also query the City to determine if the City has specific sewer reaches they desire to be monitored, for instance an area suspected to have flow capacity concerns or may otherwise be a “HMA” of concern, or a specific sewer reach that would be indicative of SFR, MFR, hotel, commercial flows. Findings of the site review will be considered and included in this FMP for review and approval by the City. The site documentation shall include, at a minimum, a location map with address, digital photographs of the site, pipe size, channel condition, flow characteristics, site Wallace Group 4
drawings, and pictures of surrounding area. The Site assessments will also identify traffic control and safety issues.
Once the FMP is approved, Wallace Group will proceed with the in‐line Flow Monitoring, to be provided in conjunction with US3. The FMP is based on an assumed total number of 14 monitoring stations, with a total duration of 60 calendar days at each location which will include both wet weather and dry weather flows. As discussed in the Approach Section of our Proposal, we will review and monitoring upcoming weather conditions to maximize chances of capturing significant rainfall events during the wet‐weather season monitoring interval.
Task 2.4 Update GIS Database
Based on survey data collected in Task 2.1, Wallace Group will update the City’s GIS database. Wallace Group will also utilize data collected in Task 1 to incorporate any new developments and upgraded sewer mains that are not already included in the GIS database.
Optional Task: Wallace Group can prepare atlas maps of the sewer collection system that can be used by operation’s staff. Costs for this effort are not currently included in the fee estimate.
Optional Task: Wallace Group can assist the City in updating the GIS database with record information including videos, drawings, inspection reports, etc. This task will only be completed if there is remaining budget in the contract.
Task 2 Deliverables:
Updated GIS Database with survey information (electronic) Task 3: Wastewater Flow Characteristics and Projections Task 3.1: Existing and Future Sewer Flow Estimates
We will develop unit flow factors in order to better project wastewater flows from future developments and calibrate the sewer model using existing wastewater flows. These unit factors will be developed for development types including residential, multi‐family, commercial, industrial, hotels and other factors. We will request from Cal Water, water meter records/bills that will be used to evaluate usage from the various types of developments. Using actual water use data will provide the most accurate projection of wastewater generation unit factors, especially for residential and hotel units. Water demand data will be evaluated for a minimum of 12 months in order to assess indoor water demands (which generate wastewater flows) versus outdoor water demands (which do not generate wastewater flows). We will also use population and density information from the City’s General Plan, Specific Plans, and other planning documents provided by the City, to project future build‐out (15‐year planning horizon) population and wastewater flows. As part of this scope of services, Wallace Group will not project population to build‐out; we will rely on the City’s planning documents and 2018 AMBAG population projections, and we will request City staff to confirm future population projections to be used in the master plan. Total metered flow data (at the Monterey One Water lift station), along with existing population data, will be used to calculate per capita wastewater flows, which will in turn be used to project future wastewater flows.
Task 3.2: Preliminary Findings Memorandum
We will compile all the information reviewed and gathered under Tasks 0, 1, 2, and 3.1 and prepare a Preliminary Findings Memorandum stating our findings.
Task 3 Deliverables:
Preliminary Findings Memorandum ‐ Three hard copies and one electronic pdf copy Wallace Group 5
Task 4: Develop and Calibrate Sewer Model
Task 4.1: Develop and Calibrate Sewer Model
We will utilize survey data collected in Tasks 0, 1, 2, and 3 for use in the Innovyze sewer modeling program (InfoSWMM). We will model the collection system under dry and wet weather conditions for the existing and future loadings. We typically will only model the trunk sewer mains (typically 10‐inch and larger), with some exceptions. The exception would be 6‐ or 8‐inch trunk mains that collect or carry a reasonable amount of wastewater either under existing or future conditions. We will provide an electronic copy of the sewer model at the end of the project.
Using flow data collected in the Field Investigations, wewillmodelsimulationsfor dry and wet weather flow conditions for existing and future (build‐out) developmentscenarios. We will use the model results to identify locations in the wastewater system that have hydraulic capacity constraints under existing and future flow conditions, peak dry weather and wet weather flow conditions, based on the criteria developed for the 2011 report.
Based on the flow monitoring data obtained, we will provide the City with general observations of tributary areas exhibiting signs of I/I. Based on this observation, we will recommend areas for further I/I investigation.
Deliverables:
1. The consultant shall provide the City a new hydraulic model that includes, but is not limitedto:
a. Manhole and pipe segment identification numbers in accordance with City‐specified naming convention, manhole invert elevation for all pipes and rim elevation b. Pipe size and material
c. Pipe flow estimates for peak dry and wet weather flows, resulting d/D ratios, and available capacity based on City specified d/D ratios
2. Provide all data files necessary to recreate, calibrate, and adjust the model in the future by selected firm or third parties.
Task 5: Develop Capital Improvement Program
Task 5.1: Develop Capital Improvement Program
Using data collected during Field Investigations, and the modeling efforts of Task 4, we will develop a Sanitary Sewer Capital Improvement Program (CIP) recommending short‐term (5‐year) and long‐term (15‐year) improvements necessary to maintain a desired level of service for the City’s sanitary sewer assets such as mainlines, manholes, and pump stations. We will also provide one additional Program focused on Development induced improvement recommendations. These upgrades are required to be completed when development occurs, which the timing may not be known. The CIP will include the following:
1. Condition Assessment
a. Review CCTV inspections and provide a summary table for conditions of the City’s sanitary sewer assets using Sewer Service Company's (NASSCO) Pipeline Assessment and Certification Program (PCAP).
b. Identify the useful life and value of the existing sanitary sewer collection system assets. Pipe materials of existing sanitary sewer mainsinclude high‐density polyethylene (HDPE), Acrylonitrile‐ Butadiene‐Styrene (ABS), vitrified clay (VCP), cured‐in‐placed liner, and polyvinyl chloride (PVC). c. Establish the asset values and recommended year‐to‐year replacement costs of aging infrastructure. The remaining useful life of assets shall be assessed by the Consultant using projected‐useful‐life tables, decay curves, or recent condition assessment studies.
Wallace Group 6
d. Recommendation of Improvements:
1) Identify improvements (or improvement programs such as regularly scheduled condition monitoring programs) necessary to meet the Consent Decree’s requirements and the City’s desired level of service.
2) Develop prioritization criteria and ranking matrix to utilize when prioritizing recommended improvements. Criteria should account for:
i. Probability of failure based on condition of facility. ii. How critical the facility is to system operations (i.e., ramifications of failure). iii. Potential I/I reduction.
iv. Cost of facility failure (including social and environmental costsin addition to hard costs of repairs).
3) Recommend a replacement and rehabilitation methodology for all recommended improvements. The methodology should take into account the material, condition, age of facility, and sensitive environmental areas (such as creeks and industrial areas), and overall constructability.
Deliverables:
1. Documentation of recommendation decision based on established prioritization criteria. (Decision Matrix) – See sample matrix in Additional Information Section
2. Prepare construction cost estimates associated with all recommended improvements or improvement programs. Cost estimates shall include an analysis of costs related to general maintenance and facility (life cycle cost) vs costs related to additional capacity needs caused by growth.
3. Create a prioritized list of recommended improvements and improvement programs through 2035 with a detailed focus on near term critical projects through 2025.
4. Maps for each sewer trunk main collection zone, color coded to separate facilities that are:
a. Currently at or over capacity – High Priority
b. At or over capacity with currently approved projects – Background c. At or over capacity upon full utilization of current City land uses ‐ Buildout Task 6: Development Impact Fee Nexus Study
Task 6.1: Development Impact Fee Nexus Study
Wallace Group will team with DTA to complete a Sanitary Sewer Development Impact Fee Nexus Study. This Task will not start until after the completion of Task 7.1. The following is the Scope of Work provided by DTA:
DIF Study
DTA, in collaboration with Wallace Group, would provide all‐inclusive professional and technical support to the City in reviewing any existing City Sanitary Sewer DIF studies related to General Plans, Specific Plans, and the Capital Improvement Program (“CIP”) and preparing a comprehensive review of required impact fee levels documented in the formal Nexus Study prepared under California Government Code Sections 66000 et seq. and 66013 et seq., which governs water capacity and connection fees charged to new development and/or redevelopment.. DTA’s Final Report would present a fee methodology that satisfies the “rational nexus” tests used by the courts to determine the legality of development exactions. Having been subjected to legal and developer scrutiny, DTA has developed a streamlined approach and methodology that establishes a rational and substantial nexus between new development and the need for public facilities.
The Scope of Work has been devised to include all tasks necessary to create a fee program for the City that complies with California Government Code Sections 66000 et seq. and 66013 et seq. in concert with the Wallace Group 7
jurisprudence developed by various Federal district and State courts. DTA’s General Counsel regularly reviews State and Federal legal and administrative opinions, regulations, and statutes that might affect or modify DIF Nexus Studies in California.
Work products stemming from the work plan described in this section will include:
A memorandum (“memo”) summarizing the fee methodology options; and The Draft and Final Administrative Reports.
Task A.1 – Development of Project Strategy and Kickoff Meeting DTA staff will meet with City staff in a project kickoff meeting to finalize the details of the project, deliverables, timetables, and tasks, discuss the best practices, identify needed information (i.e., reports, project/needs lists, stakeholder groups, data, etc.), prepare the final schedule, discuss the public process, determine information to be provided by City staff, and resolve other concerns, as appropriate. Prior to the kickoff meeting, DTA will review City documentation relating to the existing Fee Study and pertinent impact fees as outlined by the City.
Task A.2 – Develop Population and Dwelling Unit Projections DTA will compile and document existing and future population and development estimates for the City. The projections resulting from this task will ultimately calculate fee levels. This task comprises two subtasks.
Subtask A.2.a – Population Projections
DTA will gather existing information on present and future population for the City from various sources, including City staff, the General Plan, existing Master Plans, the U.S. Census, the Association of Monterey Bay Area Governments (“AMBAG”), the State Department of Finance, and from other data sources, including the City’s CIP.
Subtask A.2.b – Conduct Entitlement Research and Projections DTA will coordinate with the City Community Development Department to determine existing and future residential and non‐residential development within the City over the planning horizon (5 years, or otherwise). To complete this subtask, DTA will:
Review the General Plan/CIP and related plans to determine expected development land use patterns in the City;
Assess City recordsto identify existing entitlementsfor dwelling units and commercial/industrial development; and
Project the number of new dwelling units and commercial/industrial development based on existing entitlements and population projections through 2035, or such other target year as selected by City staff.
Task A.3 – Identify Sanitary Sewer Facility/Capital Needs and Levels of Service This task entails the review of the facilities and capital needs required to serve new development in the study area projected in Task A.2. DTA will use existing City materials [and any relevant Developer’s Facilities Report(s)] as base documents and focus our effort on updating this information.
For any fee program to be comprehensive in its scope, it is necessary to complete a thorough identification and review of all the facilities that will be impacted by additional growth, including those already discussed in the General Plan or CIP. This task will require close coordination with all appropriate City departments.
Wallace Group 8
Subtask A.3.a – Survey/Interview City Staff
DTA shall survey/interview City staff to review projected facilities in the City, along with major equipment needs, the timing at which improvements will be needed, and any physical data that would assist in developing the costs estimated below in Subtask A.3.c. Based upon the results of the surveys and interviews, DTA will verify and, if appropriate, expand the list of new facilities found in the General Plan/CIP to be included within the fee program for the City.
Subtask A.3.b – Facilities List
Based on the information collected in Subtask A.3.a, DTA shall prepare a facilities needs list that details the new facilities and equipment to serve new development in the City.
Subtask A.3.c – Review Cost Estimates
DTA’s engineering and technical staff will, as necessary, consult with City department heads and/or engineering staff or equivalent to ascertain and understand in‐house cost data for existing and projected facilities and equipment, apply inflation and cost‐of‐living escalators to the list of projected public facilities to determine future costs, review and/or refine existing cost data, examine major sources of revenue to fund the construction of new public facilities, and provide a proportional estimate between projected costs for new facilities and predicted revenue from mitigation fees and other sources.
Task A.4 – Develop Methodology for Calculating New Sanitary Sewer Impact Fee Amounts This task entails developing the methodology used to establish the fee amount for each fee component to the extent appropriate. There are two critical issues that must be considered in developing a fee program. The fee program must generate revenues in a timely manner and the methodology must meet the nexus or benefit requirements of AB 1600. Since fees of any sort can be controversial, it is critical that any fee established be legally defensible.
DTA’s Fee Study methodology must meet the nexus or benefit requirements of AB 1600, which requires that there be a nexus between the fees imposed, use of the fees, and development projects on which the fees are imposed. Furthermore, there must be a relationship between the amount of the fee and cost of the improvements. In order to impose a fee as a condition for a development project, the methodology must identify the purpose of the fee, ascertain the use to which the fee is to be put (if the use is financing public facilities, the facilities must be identified), determine how there is a reasonable relationship between the fee’s use and type of development project on which the fee is imposed, and establish how there is a reasonable relationship between the need for the public facility and type of development project on which the fee is being imposed.
Implicit in these requirements is a stipulation that a public agency cannot impose a fee to cure existing deficiencies in public facilities or improve public facilities beyond what is required based on the specific impacts of new development. The benefit methodology established in this task will be documented in the Final Report.
Deliverable: Memo Summarizing the Fee Methodology Options Task A.5 – Determine Fee Levels
This task entails calculating the fee amounts based upon the dwelling unit and commercial/industrial development projections completed in Task A.2, facilities needs and costs determined in Task A.3, and methodology selected in Task A.4.
Wallace Group 9
Subtask A.5.a – Calculate Recommended Fee Amounts
DTA shall calculate fees for the City by inputting the data compiled under the preceding tasks and computing each fee to be levied. This work will be done in a spreadsheet format that can be updated annually.
DTA will also evaluate this data in comparison to surrounding cities, such as the Cities of Capitola, Hollister, Marina, Monterey, and Seaside, so as to arrive at comparable and palatable fee levels.
Subtask A.5.b – Document Fee Derivation
DTA shall document the methodology utilized for the fee calculation model in such a way that it can be understood by the City and public. DTA shall prepare written statements documenting the validity of the methodology for deriving each of the fees for the City.
Task A.6 – Prepare Draft and Final Reports
This task entails the preparation of the Draft and Final Reports for consideration by the City Council and City staff. Based on the work completed in Tasks A.1‐A.5, DTA will prepare the Draft Report for review and consideration by City staff. The Draft Report will be prepared pursuant to the applicable regulatory standard(s) and is expected to include an executive summary, population projections, a facilities and improvements list, areas of benefit (if applicable), fee calculations, recommended fee levels, and the suggested process for keeping fees current. DTA will subsequently prepare the Final Report for presentation to the City Council and City staff based on the incorporation of City staff comments and concerns on the Draft Report.
Deliverable: Draft and Final Reports
Task A.7 – Attend Meetings and Public Outreach
This task entails attendance at a total of two (2) meetings/workshops, including the kickoff meeting, with the City Administrator (or similar), other City staff, focus groups, stakeholders, and the City Council to present information regarding the status of the impact fee program, draft study, and Final Report to obtain input. DTA will also be prepared to lead meetings and workshops with selected groups to gain better project understanding, gauge community sentiment, and determine the key objectives.
During these meetings, DTA will consider community and stakeholder input. For this purpose, DTA will develop handouts for these meetings that summarize the findings and analysis from the Public Review Draft.
DTA will also prepare and distribute updated information, as necessary, to facilitate discussion in Focus Group Meetings in which DTA is unable to attend.
We anticipate that all meetings will be conducted via Zoom or another online meeting software. In‐person attendance at any meetings shall depend on State guidelines and guidance from the CDC.
OPTIONAL TASK: DTA can prepare a Sanitary Sewer Rate Study as an Optional Task. This optional task is not currently included in the fee estimate.
Task 7: Draft and Final Sanitary Sewer Master Plan Update Task 7.1: Draft Sanitary Sewer Master Plan Update
Upon completion of Tasks 1‐5, Wallace Group will prepare the Draft Sanitary Sewer Master Plan Update. At a minimum, the report shall include the following:
1. An Executive Summary (To be provided in the Final Report only)
2. Colored maps that are clear, easy to understand, and of professional quality of the City’s sanitary Wallace Group 10
sewer system, identified deficiencies, and locations of proposed improvements
3. Summary of existing sewer system
4. Population projections and sewer demand summary
5. Documentation of modeling methodologies and assumptions
6. Technical information, analysis, and discussion of results for each task making use of charts, graphs, and figures of professional quality to clearly and efficiently convey the information, findings, and conclusions
7. Justification for recommended improvements to be accomplished
8. Sanitary Sewer Capital Improvement Plan
9. Other supporting documentation
Task 7.2: Final Sanitary Sewer Master Plan Update
Upon receiving written comments from the City and discussion at the City Council, Wallace Group will prepare the Final Sanitary Sewer Master Plan Update..
Deliverables:
Submit five (5) printed copies and 1 digital copy in pdf format of the Draft Sanitary Sewer Master Plan report to the City to review and comment
Submit five (5) printed copies and 1 digital copy in pdf format of the Final Sanitary Sewer Master Plan report to the City
Wallace Group Team Resource Estimate for the
City of Salinas Sanitary Sewer Master Plan BUDGET SUMMARY
PHA TASK DESCRIPTION
PRINCIPAL
PRINCIPAL ENGINEER
DIRECTOR
SENIOR ENGINEER III
ENGINEER I
ASSOCIATE ENGINEER I
GIS SPECIALIST
TWO MAN SURVEY CREW
SENIOR LAND SURVEYOR
III
FRM
US
3 DTA
Misc. Direct Costs
TOTAL LABOR
HOURS
LABOR
$
TOTAL
COST
RATE $230 $215 $185 $180 $145 $115 $135 $215 $170 $
0 PROJECT MANAGEMENT AND MEETINGS
0.1 Project Management and Coordination 48 48 $150 96 $21,360 $21,5100.2 Kick Off Meetings and Field Review 10 6 10 $268 26 $5,040 $5,3080.3 Review and Progress Meetings 36 12 36 $535 84 $16,080 $16,6150.4 City Council Meetings 12 6 12 $535 30 $5,790 $6,3250.5 QA/QC 24 40 64 $14,120 $14,120 1 DOCUMENT REVIEW AND DATA COLLECTION
1.1 Document Review and Data Collection 8 24 50 200 282 $37,250 $37,250 2 FIELD EFFORT AND GIS UPDATE
2.1 Survey Sanitary Sewer Manholes 4 24 24 30 250 150 $20,942 482 $94,120 $115,0622.2 Lift Station Assessment 8 60 $ 20,000 68 $14,740 $14,7402.3 In-Line Flow Monitoring 4 40 60 $ 95,000 104 $18,220 $18,2202.4 Update GIS Database 40 16 100 156 $23,940 $23,940 3 WASTEWATER FLOW CHARACTERISTICS ANDPROJECTIONS
3.1 Existing and Future Sewer Flow Estimates 4 24 60 40 128 $19,380 $19,3803.2 Preliminary Findings Memorandum 8 20 8 40 16 92 $15,220 $15,220 4 DEVELOP AND CALIBRATE SEWER MODEL
4.1 Develop and Calibrate Sewer Model 4 8 32 120 164 $25,800 $25,800 5 DEVELOP CAPITAL IMPROVEMENT PROGRAM
5.1 Develop Capital Improvement Program 16 32 24 120 192 $32,280 $32,280 6 DEVELOPMENT IMPACT FEE NEXUS STUDY
6.1 Development Impact Fee Nexus Study 16 16 8 $ 27,500 40 $8,280 $8,280 7 DRAFT AND FINAL SANITARY SEWER MASTER PLANUPDATE
7.1 Draft Sanitary Sewer Master Plan Update 8 32 24 120 40 224 $35,040 $35,040
7.2 Final Sanitary Sewer Master Plan Update 8 8 4 40 16 76 $11,920 $11,920 SUB-TOTALS 218 440 24 92 706 328 100 250 150 $ 20,000 $ 95,000 $ 27,500 $22,430 2,308 WALLACE GROUP LABOR COSTS $50,140 $94,600 $4,440 $16,560 $102,370 $37,720 $13,500 $53,750 $25,500 $398,580 WALLACE GROUP DIRECT COSTS $22,430
SUBCONSULTANT DIRECT COSTS $20,000 $95,000 $27,500 $142,500 DIRECT COSTS OVERHEAD @ 15% $24,739
TOTAL $588,249
Exhibit B
Amendment to Scope of Services
Additional Scope Items and Associated Fees
Wallace Group has been working with the City of Salinas on the completion of Sanitary Sewer Master Plan Update since February 2021. Wallace Group is amending the following task items (task numbers are per the original contract):
· Task 2.3: Additional flow monitoring locations – Wallace Group added three additional flow monitoring locations based on updated GIS maps that were provided to Wallace Group. · Task 1.1, 2.1, 3.1, 3.2, 4.1: Wallace Group included analysis of three areas outside the current city limits and limits of the sewer model proposed in the original scope of work per the City’s request.
· Task 5.1 and 7.1: In addition to the development of capital improvement projects for the hydraulic deficiencies identified through the hydraulic model, the City requested to also prepare a CIP program for the operations and maintenance related deficiencies. These deficiencies were mapped and a cost table was prepared. · Task 2.2: The level of effort anticipated for development of the CIP program for the City’s 11 lift stations was significantly more effort than anticipated during the scope development and budgeting process due to verifying needs and information on each of the lift stations and the available data to be used in the evaluation.
These additional scope items will be completed on a not-to-exceed basis of $45,000.
Exhibit B1
CONTRACT AMENDMENT
Project Name: Sanitary Sewer Master Plan CA No. 3
Client Name: City of Salinas Project/Phase No. 0886-0015-00 Attention: Adriana Robles Date: March 21, 2024
Address: 200 Lincoln Avenue, Salinas, CA 93901
Wallace Group requests the Client’s authorization to proceed with revisions to the contract agreement for the above referenced project as herein described. Approval below incorporates this document as a part of the original contract signed February 16, 2021. If approved, please return one signed original Contract Amendment to Wallace Group.
Description and Purpose of the Revision(s)
Wallace Group has prepared the City’s Sewer Master Plan, adopted in summer 2023. As part of this project, Wallace Group’s subconsultant, DTA has been working on the Connection Fee Study for the City. The City is now requesting Wallace Group and DTA to also complete the City’s Rate Study as part of this project. The following provides the scope of work for completion of the Rate Study.
Task 1100 – Project Management
This amendment is anticipated to extend the project contract an additional 6 months. This task is to cover the monthly management of this project for the extended period.
Task 1200 – Meetings
This task includes up to 6 hours for update meetings with the City via Teams.
Task 1300 – QA/QC
This task includes budget for review of the Rate Study for its compliance with the Sewer Master Plan and the City goals.
Task 7100 (New) – Rate Study (WG)
This task includes Wallace Group technical support on the Rate Study.
Task 7200 (New) – Rate Study (DTA)
Please see Exhibit A for DTA’s scope of work for the Rate Study.
Exhibit B2
CA #3
City of Salinas
March 21, 2024
Other – Adjusted Rate Sheet
Wallace Group is requesting to change our rate schedule from 2019 rate schedule to the current 2024 rate schedule. Please see Exhibit B for the 2024 rate schedule.
Revision(s) Represent: Revision(s) Fee:
( ) a change in previous instructions ( ) hourly (time & materials) $ (x) a change in Scope of Services ( ) progress billing: $ (x) other: Changed Rate Schedule (x) not-to-exceed w/o authorization: $63,090 Revision(s) will be invoiced as:
(x) increase to an item within the existing contract
(x) a new item added to existing contract
Issued by,
WALLACE GROUP, a California Corporation APPROVED BY CLIENT:
Kari Wagner, PE C66026 ____________________________________ Principal Signature
612 Clarion Court ____________________________________
San Luis Obispo Printed Name
California 93401 ____________________________________
T 805 544-4011 Title
F 805 544-4294 ____________________________________
www.wallacegroup.us Date
Exhibit A
0886-0015 Exhibit
B2
www.FinanceDTA.com
18201 Von Karman Avenue, Suite 220
Irvine, CA 92612
CITY OF SALINAS
WASTEWATER RATE STUDY
NOVEMBER 28, 2023
Prepared for:
City of Salinas
TABLE
OF CONTENTS
SECTION PAGE
I SCOPE OF WORK ........................................................ 1 II SCHEDULE .................................................................. 4 III FEE SCHEDULE .......................................................... 5 1 SECTION I
SCOPE OF WORK
City of Salinas November 28, 2023
Proposal for Wastewater Rate Study
www.FinanceDTA.com
I SCOPE OF WORK
DTA is pleased to submit this proposal to the City of Salinas (the “City”). The Scope of Work includes the preparation and completion of a wastewater rate study for the City. The Scope of Work requires the development of comprehensive financial planning and a rate model for wastewater services. The model will include revenue projections and revenue requirements over a 5-year period, transfers to and from capital reserves and operations and maintenance reserves, and debt service alternatives. The model will evaluate proposed rates to assess their ability to meet annual cost recovery and reserve balance goals. The electronic models will be understandable and shall provide feedback to City staff that will assist in making managerial decisions with regard to the magnitude and timing of future wastewater rates. DTA will perform the tasks detailed below for this rate study.
Task 1 – Demographic Analysis
DTA shall review current wastewater generation, treatment, and disposal, as well as customer classes provided by the City. City staff will provide the estimated number of future customers by customer class based on growth trends within the service area.
Deliverable: Documentation of Any Expected Growth, Incorporated Into the Rate Model Task 2 – Analysis of Cost of Service
DTA shall review City expenses related to wastewater collection, treatment, and disposal within the collection area. This includes reviewing Revenue/Expense Reports for the previous year and operation budgets for the current year. We will work with City staff to project the costs identified below and adjust these costs for inflation, as appropriate.
Current and future cost of providing wastewater collection and treatment in accordance with established and anticipated standards and regulations; Improvements funded by other funding sources;
Impact of current and future environmental regulations; Existing and/or future service options;
Pay-as-you-go or bond financed capital improvements;
Operation and Maintenance (“O&M”) expenses;
Capital/operating reserves; and
Other financing needs.
Deliverable: Final List of Cost of Service, as Included in the Rate Model Task 3 – Evaluate Current Revenue Sources
This task entails reviewing the City’s current wastewater rate structure and assessing its appropriateness related to current and future conditions. As part of this task, DTA shall also identify other revenue sources, including grant funding. This task consists of two subtasks, as detailed below.
2 SECTION I
SCOPE OF WORK
City of Salinas November 28, 2023
Proposal for Wastewater Rate Study
www.FinanceDTA.com
Subtask 3.1 – Identify Other Revenue Sources
DTA shall research, gather, and review existing information, including other potential revenues and expenses. We will develop assumptions for levels of outside grant funding through time.
Subtask 3.2 – Explore Potential Alternatives
We shall review potential alternative rate structures to determine if new rate structures will meet revenue requirements and meet the objectives of the City.
Task 4 – Recommended Rate Structures
This task entails the selection of the appropriate methodology discussed in Task 3 and calculation of wastewater rates based upon the chosen methodologies and revenue requirements determined in Task 2. This task consists of two subtasks.
Subtask 4.1 – Select Appropriate Methodology
DTA shall work with the City to select the methodologies that best meet the City’s wastewater collection and treatment needs and that can be implemented using the City’s current automated billing system. The proposed rate schedule will be fair and objective, reflect the City’s costs of service, and comply with Proposition (“Prop”) 218 requirements. Costs will be distributed equitably across applicable user classes. This effort will include a brief discussion of factors considered in the recommendation, including City policy, the City’s current rate structure, establishment of a reserve fund, revenue sufficiency, other service charges, conservation, and other side factors, such as price elasticity, political environment, and environmental regulation.
DTA shall document the methodology utilized for the wastewater rate calculation in a clear and concise manner that will facilitate public acceptance.
Subtask 4.2 – Calculating Wastewater Rates
Based on the data from Tasks 1-3, DTA shall calculate the wastewater rates necessary to cover annual wastewater Operations and Maintenance (“O&M”) and Capital Improvement Program (“CIP”) expenses and rate stabilization reserves. In consultation with the City, DTA may recommend a rate structure that allows for the phasing of rate escalations to minimize sharp increases.
During this process, we will assure that sufficient revenue is generated to provide for ongoing operational and capital requirements. Revenue allocated to capital improvements and capital replacements will be integrated with any capacity fee revenue generated by new development to ensure a seamless and equitable flow of funds.
3 SECTION I
SCOPE OF WORK
City of Salinas November 28, 2023
Proposal for Wastewater Rate Study
www.FinanceDTA.com
Task 5 – Prepare Draft and Final Reports
This task entails the preparation of Draft and Final Rate Study Reports for consideration by City staff and the City Council. The reports will present current rate information, recommended rates, the methodology, the supporting analysis, and rate comparisons. This task consists of two subtasks.
Subtask 5.1 – Prepare Draft Rate Study for Comments
Based on the work completed in Tasks 1-4, we will prepare the Draft Rate Study for consideration by the City.
Subtask 5.2 – Prepare Final Reports
Based on additional comments received on the Draft Report, DTA will prepare the Final Rate Study for consideration by the City.
Deliverable: Draft and Final Reports
Task 6 – Public Notices and Protest Procedure
DTA will review notices prepared by the City Attorney, pursuant to Prop 218 and the Right to Vote on Property Taxes Act. DTA will provide feedback related to the notification process and possible protest procedures, as requested by City, with regard to:
The calculated rates pertaining to the parcel;
The duration of the rates;
The reason for the increase in rates (e.g., general description of the improvements); and The basis under which the proposed rates were calculated.
Task 7 – Document Review and Preparation
DTA will review, at the direction of the City, supporting documents prepared by City staff and the City Attorney as part of the rate increase process. Such documents may include draft resolutions and ordinances related to the rate increase.
Deliverable: Comments and Feedback in Memorandum Format Task 8 – Meeting, Public Hearing, and Project Coordination DTA will attend one (1) in-person meeting, specifically the public hearing at which DTA shall present the method and calculation of the rates and answer questions. DTA will also assist with any public outreach tasks, such as the preparation of handouts, PowerPoint presentations, and other items. Additional meetings shall be conducted virtually and may cover:
Project orientation and kickoff meeting with City staff and the Finance Team; Public outreach and educational workshops; and/or
City Council meeting to accept the Preliminary Engineer’s Report.
DTA will also attend up to two (2) virtual City Council workshops. 4 SECTION II SCHEDULE City of Salinas November 28, 2023 Proposal for Wastewater Rate Study
www.FinanceDTA.com
II SCHEDULE
DTA’s typical schedule of tasks for a wastewater rate study is outlined below. Given the City’s desired project timeline, this timeline of events can and will be completed within the proposed time frame according to the City’s specifications. Notably, the firm shall provide ongoing communication, education, and outreach throughout the duration of the project. DTA will be able to begin work with minimal notice.
Table 1: Proposed Schedule
Task Description Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 1 Demographic Analysis
2 Analysis of Cost of Service
3 Evaluate Current Revenue Sources
4 Recommend Rate Structures 5 Prepare Draft and Final Reports 6 Public Notices and Protest Procedure 7 Document Review and Preparation
8 Meetings, Public Hearing, and Project Coordination
Ongoing Communication, Education, and Outreach, as Needed 5 SECTION III
FEE SCHEDULE
City of Salinas November 28, 2023
Proposal for Wastewater Rate Study
www.FinanceDTA.com
III FEE SCHEDULE
DTA’s proposed budget is $45,000 for the wastewater rate study, excluding out-of-pocket expenses. The City shall be charged on a time and materials basis, according to the hourly rates shown in the table below, with invoices being submitted on a monthly basis.
Table 2: DTA’s Fee Schedule
Labor Category Labor Rate
President/Managing Director $290/Hour
Senior Vice President $275/Hour
Vice President $240/Hour
Senior Manager $205/Hour
Manager $195/Hour
Senior Associate $185/Hour
Associate III $175/Hour
Associate II $165/Hour
Associate I $150/Hour
Research Associate II $140/Hour
Research Associate I $125/Hour
Additional in-person meetings [more than the one (1) meeting specified in the Scope of Work] shall be charged at the rate of $3,000 per additional in-person meeting. DTA will also attend numerous virtual meetings, which may include a project orientation and kickoff meeting with City staff and the Finance Team, public outreach and educational workshops, a City Council meeting to accept the Preliminary Engineer’s Report, and up to two (2) virtual City Council workshops. In addition, DTA staff shall schedule standing conference calls (i.e., weekly or bi-weekly) with City staff to stay on track with tasks and deliverables.
Out-of-pocket and administrative expenses shall be equal to 3% of DTA’s billings for labor, plus travel expenses and any outside vendor payments, not to exceed $1,350. All hourly rates for services apply through December 31, 2024, and are subject to a cost-of-living increase. On or about the first two weeks of each month during which consulting services are rendered hereunder, DTA shall present to the City an invoice covering the current consulting services performed and reimbursable expenses incurred pursuant to this Notice of Authorization. Invoices shall be paid by the City within 30 days of the date of each invoice. A 1.2% charge may be imposed monthly against accounts that are not paid within 45 days of the date of each invoice. The prevailing party in any legal action brought by one party against the other and arising out of this Consultant Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys’ fees.
6 SECTION III
FEE SCHEDULE
City of Salinas November 28, 2023
Proposal for Wastewater Rate Study
www.FinanceDTA.com
A Limitations
The labor costs in Table 2 include attendance at a total of one (1) in-person meeting with City staff, stakeholders, and the City Council. Attendance at more than one (1) in-person meeting, detailed written responses to resolve disputes, or the preparation of more than one set of major revisions to the Draft Report will be classified as Additional Work and billed at the hourly rates identified in the table above. Other examples of Additional Work shall include:
Attendance at more than one (1) in-person meeting;
Additional coordination required for timely data collection; Attendance at more than two (2) virtual City Council workshops; Additional changes to assumptions or methodology not originally contemplated by the City (i.e., modifications to the rate design such as additional tiers, etc.); Following any Council workshops, additional analyses based on revised assumptions as requested by City staff and/or the City Council;
Substantive expansion to the original scope of any PowerPoint presentations; Reproduction of more than five (5) copies of Draft or Final Reports; and Mailing and posting of public notices.
B Information to be Provided by the City
DTA requests that the following information be provided by the City at no charge and in a timely manner, such that the project does not extend beyond one year from the date of the authorization to proceed:
Information on the City’s current and expected number of connections, customer discharge characteristics, flow and capacity requirements, and Infiltration/Inflow (“I/I”) sources;
Information on any existing bonds supported by wastewater revenues; Current and proposed annual budgets; and
The City’s General Plan, any Specific/Master Plans, Development Agreements, and data regarding existing entitlements.
18201 VON KARMAN AVENUE, SUITE 220
IRVINE, CA 92612
PHONE: (800) 969-4DTA
Public Finance
Public-Private Partnerships
Development Economics
Clean Energy Bonds
www.FinanceDTA.com
Exhibit B
Standard Billing Rates
Engineering, Design & Support Services:
Assistant Designer/Technician ......................................... $120 Designer/Technician I – IV .............................................. $125/$135/$145/$155 Senior Designer/Technician I – III ...................................... $165/$172/$179 GIS Technical Specialist ................................................. $160 Senior GIS Technical Specialist ........................................ $170 Associate Engineer I – III ................................................ $135/$145/$155 Engineer I – IV ............................................................. $170/$175/$180/$185 Senior Engineer I - III .................................................... $200/$205/$210 Director .................................................................... $220 Principal Engineer/Consulting Engineer .............................. $245 Principal ................................................................... $270 Surveying Services:
Party Chief ................................................................ $182 Party Chief (*Prevailing Wage) ......................................... $250 Instrument Person ........................................................ $125 Instrument Person (*Prevailing Wage) ................................ $150 Associate Survey Technician ........................................... $120 Survey Technician I – IV ................................................. $135/$140/$150/$155 Land Surveyor I – III ...................................................... $160/$170/$180 Senior Land Surveyor I - III .............................................. $185/$190/$195 Director .................................................................... $220 Principal Surveyor ........................................................ $245 Principal ................................................................... $270 Planning Services:
Associate Planner I - II ................................................... $110/$120 Planner I – IV .............................................................. $140/$150/$160/$170 Senior Planner I - III ...................................................... $175/$180/$185 Director .................................................................... $200 Principal Planner ......................................................... $210 Principal ................................................................... $270 Landscape Architecture Services:
Associate Landscape Designer I – II .................................... $105/$115 Designer I – IV ............................................................. $120/$125/$130/$135 Landscape Architect I - IV .............................................. $140/$145/$150/$155 Senior Landscape Architect I - III ...................................... $160/$165/$170 Director .................................................................... $185 Principal Landscape Architect ......................................... $210 Principal ................................................................... $270 2024 Standard Billing Rates 1
Exhibit B2
Construction Management / Field Inspection Services:
Construction Inspector I - II ............................................. $140/$155 Senior Construction Inspector .......................................... $160 Construction Inspector (*Prevailing Wage) ........................... $180 Construction Office Tech I-III ........................................... $115/$125/$135 Assistant Resident Engineer I - II....................................... $165/$170 Resident Engineer I - III ................................................. $175/$180/$185 Senior Resident Engineer ............................................... $195 Director .................................................................... $220 Principal Construction Manager ........................................ $245 Principal ................................................................... $270 Public Works Administration Services:
Project Analyst I - IV ..................................................... $120/$130/$140/$150 Senior Project Analyst I - III ............................................ $155/$160/$165 Senior Environmental Compliance Specialist I - III .................. $170/$175/$185 Support Services:
Office Assistant ........................................................... $110 Project Assistant I – III ................................................... $120/$125/$135 *Prevailing Wage:
State established prevailing wage rates will apply to some services based on state law, prevailing wage rates are subject to change over time and geographic location.
Right to Revisions:
Wallace Group reserves the right to revise our standard billing rates on an annual basis, personnel classifications may be added as necessary.
Additional Professional Services:
Fees for expert witness preparation, testimony, court appearances, or depositions will be billed at the rate of $400 an hour. If required to meet schedule requests, overtime on a project will be billed at 1.5 times the employee’s typical hourly rate.
Direct Expenses:
Direct expenses will be invoiced to the client and a handling charge of 15% may be added.
Sample direct expenses include, but are not limited to the following:
travel expenses sub-consultant services agency fees delivery/copy services mileage (per IRS rates) other direct expenses Invoicing and Interest Charges:
Invoices are submitted monthly on an accrued cost basis. A finance charge of 1.5% per month may be assessed on all balances that are thirty days past due.
WALLACE GROUP 2
2024 Standard Billing Rates
CONTRACT AMENDMENT
Project Name: Sanitary Sewer Master Plan CA No. 4
Client Name: City of Salinas Project/Phase No. 0886-0015-00 Attention: Adriana Robles Date: May 29, 2025
Address: 200 Lincoln Avenue, Salinas, CA 93901
Wallace Group requests the Client’s authorization to proceed with revisions to the contract agreement for the above referenced project as herein described. Approval below incorporates this document as a part of the original contract signed February 16, 2021. If approved, please return one signed original Contract Amendment to Wallace Group.
Description and Purpose of the Revision(s)
Wallace Group and DTA have been providing support for the preparation of a rate study for the City’s sewer collection system. The level of support being requested has been greater than anticipated.
• Received EDU data from City (provided by M1W) which was in an uneditable format. City reached out to M1W for excel version, but M1W was not able to provide. DTA spent considerable time reviewing and processing the EDU data manually into a usable format. • DTA prepared nine updates to the memo from December 2024 to Feb 2025, more than anticipated.
• Multiple calls regarding CCTV costs and reduced level of capital facilities (not based on the CIP). Extra coordination required with Wallace and City to establish new reduced costs.
• DTA prepared over 30 versions of the rate model based on numerous assumptions requested by City staff, more than anticipated. This included multiple revisions to the capital facilities costs and phasing.
• Additional team meetings attended, via Teams and in-person, than budgeted. • Following approval of the Rate Study, due to noticing errors, the City required the rate study to be updated based on comments from M1W and the team to attend an additional City Council Meeting.
Wallace Group is requesting a budget augmentation of $50,964 to cover the out of scope services bringing the total contract value to $747,303. This includes a budget breakdown noted below:
DTA: $39,968 plus 15% markup = $45,964
Wallace Group: $5,000
Revision(s) Represent: Revision(s) Fee:
( ) a change in previous instructions ( ) hourly (time & materials) $ (x) a change in Scope of Services ( ) progress billing: $ ( ) other: Changed Rate Schedule (x) not-to-exceed w/o authorization: $50,964 Exhibit B3
CA #4
City of Salinas
March 21, 2024
Revision(s) will be invoiced as:
(x) increase to an item within the existing contract
( ) a new item added to existing contract
Issued by,
WALLACE GROUP, a California Corporation APPROVED BY CLIENT:
Kari Wagner, PE C66026 ____________________________________ Principal Signature
612 Clarion Court ____________________________________
San Luis Obispo Printed Name
California 93401 ____________________________________
T 805 544-4011 Title
F 805 544-4294 ____________________________________
www.wallacegroup.us Date
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-152, Version: 1
Acceptance of the Industrial Wastewater Treatment Facility Sediment Removal Project, CIP No. 9368 Approve a Resolution accepting the Industrial Wastewater Treatment Facility Sediment Removal Project, CIP No. 9368, for maintenance and responsibility.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 17, 2025
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR
BY: VICTOR SANCHEZ, ASSISTANT ENGINEER
TITLE: INDUSTRIAL WASTEWATER TREATMENT FACILITY
SEDIMENT REMOVAL PROJECT, CIP NO. 9368
RECOMMENDED MOTION:
A motion to approve a Resolution accepting the Industrial Wastewater Treatment Facility Sediment Removal Project CIP 9368, for maintenance and responsibility.
EXECUTIVE SUMMARY:
On June 25, 2024, City Council awarded the Industrial Wastewater Treatment Facility, Sediment Removal Project, CIP 9368 to American Process Group via Resolution No. 23030 for a contracted amount of $5,988,344.00. Construction began on October 21, 2024 with an allowance of 90 working days for project completion. American Process Group has completed sludge removal for percolation ponds 1-3 under this contract for a total amount, of $5,994,155.25. Substantial completion was issued on January 27, 2025. Staff recommends the approval of a resolution to accept the Industrial Wastewater Treatment Facility Sediment Removal Project, CIP 9368 for maintenance and responsibility.
BACKGROUND:
The City of Salinas owns and operates an Industrial Wastewater Collection and Conveyance System (IWCCS) which takes agricultural process water from 26 industry users. The wastewater is conveyed for disposal or recycling to the Industrial Waste Treatment Facility (IWTF) located south of the City, adjacent to the Salinas River.
The extreme precipitation from the 2023 winter storms resulted in elevated water levels and a breach in the Salinas River. As a result, the IWTF was inundated with flood waters in January and March 2023. This caused damage to earthen berms, levees, an overflow basin, and deposited a layer of sediment across the percolation ponds. The deposited sediment has significantly impacted the percolation capacity of the ponds which limits the ability to dispose of the industrial wastewater to the underlying soils. In response City staff entered into an agreement with Carollo Engineers to provide services including design and preparation of project bid documents, and construction management services per Resolution No. 22762.
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On June 24, 2024, pursuant to Resolution No. 23030, City Council awarded the Industrial Wastewater Treatment Facility (IWTF) Sludge Removal Project, CIP 9368 to American Process Group for the sum of $5,387,979.50 and allowing 90 working days for project completion.
The IWTF Sludge Removal Project, CIP 9368 began on October 21, 2024, and in general, called for the removal and dewatering of sediment from Percolations Ponds 1-3 and hauling and proper off-site disposal of the removed sediment. Table No. 1, below, identifies the amount of sediment that was removed from each pond.
Table 1. Percolation Pond Sediment Removal Summary
Pond 1 Pond 2 Pond 3
Sediment Removed (Dry Tons) 4,643 2,060 3,305
A change order totaling $5,811.25 was issued for a total construction cost of $5,994,155.25, as detailed on Table 2. No additional working days were issued. Contract change orders were approved in accordance with Department Policy 75-1, revised December 4, 2018.
Table 2. Contract Change Orders
Contract/Change
Order Description Working Days
Change Order
Amount
Cumulative Contract
Total
Contract Base Bid 1 90 $5,988,344.00
CCO 1 Balance Change
Order 0 $5,811.25 $5,994,155.25
Total 90 $5,811.25 $5,994,155.25
American Process Group has completed sludge removal for Percolation Ponds 1-3 under this contract. Substantial completion was issued on January 27, 2025. A total of 10,010.45 dry tons of sediment was removed from the three percolation ponds. The construction methods and materials met the Project Specifications as set forth by the contract documents and the project has been deemed complete.
CEQA CONSIDERATION:
The City of Salinas has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301(c), Class I) because the work will be maintenance of an existing water reservoir.
Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2 as all exceptions do not relate to the project scope of work for this project.
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CALIFORNIA GOVERNMENT CODE §84308:
No. This project was advertised and competitively bid and is therefore exempt from California Government Code §84308.
STRATEGIC PLAN INITIATIVE:
The proposed project meetsthe City Council’s goal of Infrastructure by maintaining and improving City facilities.
DEPARTMENTAL COORDINATION:
This project was coordinated by the CIP division and the Environmental & Maintenance Services Division in the Public Works Department.
FISCAL AND SUSTAINABILITY IMPACT:
The project was completed within the approved budget. Contract amounts were paid by reallocating budget from various capital projects to CIP 9368 per Resolution No. 23030. The total construction cost was $5,994,155.25.
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
Construction Photos
1 RESOLUTION NO. (N.C.S.)
A RESOLUTION ACCEPTING THE INDUSTRIAL WASTEWATER TREATMENT FACILITY SEDIMENT REMOVAL PROJECT CIP 9368 FOR
MAINTENANCE AND RESPONSIBILITY
WHEREAS, the Industrial Wastewater Treatment Facility (IWTF) Sediment Removal Project CIP No. 9368 is a maintenance project for the three percolation ponds in response to the 2023 winter storms which damaged earthen berms, levees, overflow basin, and deposited a layer of sediment across the percolation ponds; and
WHEREAS, on June 25th 2024, pursuant to Resolution No. 23030, City Council awarded the IWTF Sediment Removal Project, CIP 9368 to American Process Group for the sum of $5,988,344.00; and
WHEREAS, the IWTF Sediment Removal Project, CIP 9368 began on October 21, 2024 with an allowance of 90 working days; and
WHEREAS, the total construction cost, including change orders, was $5,994,155.25; and WHEREAS, a total of 10,010.45 dry tons of sediment were removed from Percolation Ponds 1-3; and
WHEREAS, substantial completion for the project was issued on January 27, 2025; and WHEREAS, the work has been inspected to meet the requirements of the contract documents; and
WHEREAS, the project was completed within its allocated budget and contingency; and WHEREAS, the project was determined to be exempt from the California Environmental Quality Act (CEQA) Guidelines Section 15301(c), Class I.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council accepts the Industrial Wastewater Treatment Facility Sediment Removal Project, CIP 9368 for maintenance and responsibility.
PASSED AND APPROVED this 17th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
2 ABSTAIN:
APPROVED:
________________________
Dennis Donohue, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
INDUSTRIAL WASTEWATER
TREATMENT FACILITY
SEDIMENT REMOVAL
PROJECT, CIP 9368
OCT 2024-JAN 2025
DREDGING
DEWATERING
EQUIPMENT
REMOVED
SEDIMENT
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-190, Version: 1
Professional Services Agreement with PlaceWorks, Inc. for Zoning Code Update Approve a Resolution delegating authority to the City Manager to execute an Agreement for Professional Services with PlaceWorks, Inc. to prepare comprehensive Zoning Code updates for the City of Salinas in an amount not to exceed $1,000,000.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 17, 2025
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: GRANT LEONARD, PLANNING MANAGER
BY: JONATHAN MOORE, SENIOR PLANNER
TITLE: PROFESSIONAL SERVICES AGREEMENT WITH
PLACEWORKS, INC FOR ZONING CODE UPDATE
RECOMMENDED MOTION:
A motion to approve a resolution delegating authority to the City Manager to execute an Agreement for Professional Services with PlaceWorks, Inc. to prepare comprehensive Zoning Code updates for the City of Salinas in an amount not to exceed $1,000,000.
EXECUTIVE SUMMARY:
The City of Salinas’ Zoning Code last comprehensive update was adopted in 2006 following the 2002 General Plan. As the City is in the process of completing a comprehensive General Plan Update (GPU) and adopted a new Housing Element in December of 2023, it is critical to start a Zoning Code Update (ZCU) that is consistent with and implements these documents, makes the Zoning Code compliant with state law, and streamlines procedures in a user-friendly format.
Through a competitive procurement process, the City selected PlaceWorks Inc. (PlaceWorks), as the preferred consultant for the ZCU. The Agreement for Professional Services (Agreement) will allow the City and PlaceWorks to undertake a multi-phase ZCU with robust community and stakeholder engagement. The Agreement’s not to exceed amount is $1,000,000 and is funded through the General Plan/Zoning Code Maintenance Fee.
BACKGROUND:
General Plan Update
The City launched a comprehensive General Plan update, Visión Salinas 2040, in the summer of 2021. The City is proposing a new approach to land use designations called Place Types to create and reinforce quality places where people want to live, work, play, and learn. Draft Place Types incorporate land use policies and recommendations of other recent planning documents including the Alisal Vibrancy Plan and Economic Development Element. These offer greater flexibility and density and place less emphasis on strict land use classifications. Their focus on place and form will make it easier to implement Objective Design Standards and other state law mandatesintended Page | 2
to reduce approval times for housing projects. Draft actions in the GPU also call for streamlining procedures and regulations in the Zoning Code to encourage economic development. The City is initiating the ZCU concurrently with General Plan adoption to ensure Zoning Code consistency within six months of adoption.
The 2023-2031 Housing Element was adopted in December 2023 in accordance with state deadlines and was found to be in substantial compliance with state law by HCD in February 2024.
The Housing Element is a tool for the City to continue to address its housing challenges and plan for the community’s housing needs. It includes a detailed work program of the City’s goals, policies, quantified objectives, and programs for the preservation, improvement, and development of housing for a sustainable future. Development of the City’s Future Growth Area is a key strategy to meet the City’s housing needs and its Regional Housing Needs Allocation numbers.
Since 6th cycle Housing Element was based on the 2002 General Plan land use and current Zoning Code because of its statutory deadline, the Housing Element calls for the adoption of the General Plan update, and details necessary amendments the Zoning Code for implementation and for compliance with changes in State law. While it is generally good planning practice to update the zoning ordinances quickly after a general plan update, that has not always happened. Following Salinas’ 2002 General Plan, the Zoning Code was not updated until 2007. Under recent State law, Assembly Bill 821 of 2023 (AB 821), a housing development application that is consistent with a jurisdiction’s general plan but not zoning ordinance, requires an agency to amend their zoning ordinance within 180 days or process the development as specified. This effectively gives jurisdictions six months to make their zoning ordinance consistent with new general plan amendments to avoid the complications of such scenarios.
Procurement Process
Staff prepared a Request for Proposals (RFP) for a comprehensive Zoning Code Update for the City of Salinas (Attachment 4). The RFP was released on October 29, 2024, to the City’s on-call list for Advanced Planning and Current Planning services. The RFP stated the Update should create a document that improves clarity, objectiveness, and predictability while increasing flexibility in designated areas of the city. It also stated that the Update should address:
Consistency with the Visión Salinas 2040 General Plan and 2023-2031 Housing Element, including updates to the zoning map,
Consistency with recent changes in State law, particularly those related to facilitating housing and objective design and development standards, Recommendations from staff and community stakeholders, Streamlining development administration processes, including applications, that interface with other municipal requirements, to create transparent and predictable paths to approval, Making the Zoning Code visually informative; and
Appropriate CEQA review based on the Environmental Impact Report for the General Plan.
Three consultant firms submitted their proposals by the deadline of December 6, 2024:
Page | 3
• Precision Civil Engineering, Inc.
• Interwest Consultant Group.
• PlaceWorks, Inc.
The selection process included an evaluation of the written proposals, interviews, and reference checks. Each proposal was scored out of 100 points, with the average score determining the overall ranking. The criteria for evaluating the written proposals focused on project understanding, firm qualifications, team qualifications, track records, client references, and the completion and quality of the proposals. The evaluation panel for the written proposals and interviews consisted of city staff from the Community Development Department and the Public Works Department. City staff interviewed the two highest-rated firms from the written evaluation in January of 2025. The scoring criteria for the interviews emphasized presentation quality, experience with similar projects, understanding of city needs, sustainability, infrastructure concerns, potential challenges, and implementation strategies. Based on the rating and ranking process, PlaceWorks was selected with a total average score of 95 points. PlaceWorks was the highest scoring firm in both the written evaluation and the interviews. Following selection as the preferred consultant, PlaceWorks and city staff continued to refine and expand the draft proposed scope of work (Attachment 4) from their original proposal (Attachment 5).
Draft Scope and Project Phases
The Draft Scope of Work splits Zoning Code Update into three phases to address immediate needs, ensure consistency with the General Plan Update once adopted, while ultimately developing a new Code.
Phase One will address short-term amendments to the current Code to bring it into compliance with State law prior to completion of the General Plan Update (late 2025 at the earliest) and address priority items that do not need to wait for the comprehensive update.
Phase Two includes bridge amendments to make the current the Zoning Code consistent with the General Plan Update once the latter is adopted. Phase Two will include map and text amendments to the current Zoning Code to ensure consistency with the proposed Place Types and Land Use Element. By drafting these amendments concurrently with the completion of the General Plan Update, the City will avoid a long period of inconsistency. Completion of Phase Two is anticipated by mid-2026.
Phase Three is the completion of a new and revised Zoning Code. The new Zoning Code will be easier to use for the public and staff, visually rich with easily shareable graphics, and streamline development that is consistent with community needs and vision. This also includes fully implementing relevant portions of the General Plan Update. Completion of Phase 3 is anticipated by mid-2028.
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Environmental Review
PlaceWorks will determine and prepare appropriate levels of environmental review for each project phase. Environmental review for the overall Update will benefit from the efficiency of being able to tier-off the General Plan Environmental Impact Report (EIR) once adopted.
Based on the RFP and scope, PlaceWorks anticipates preparing a commonsense exemption for Phase One and addendums to the General Plan EIR for Phase Two and Phase Three.
Community Engagement
Community involvement is a cornerstone of the Zoning Code Update and PlaceWorks will work with City staff to create an inclusive and thorough stakeholder engagement process. This will start with the creation of a Public Engagement Plan that builds off the successful engagement model the City has used in the General Plan Update, Alisal Vibrancy Plan, Economic Development Element, and other community planning efforts. An initial visioning session with the Council and Planning Commission will help set direction and priorities for the overall project. Engagement will include bilingual events and tools to generate interest and feedback from the broad community, including workshops and pop-ups. As a technical document, the Zoning Code Update will also require recurring engagement with specific stakeholders, including, but not limited to architects, designers, builders, business owners, and staff that use the Code on a daily or regular basis.
PlaceWorks will also provide support to staff for additional engagement efforts beyond what they are able to attend.
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:
No, as this agreement was subject to a competitive process.
STRATEGIC PLAN INITIATIVE:
By streamlining development procedures and implementing General Plan recommendations, the Zoning Code Update furthers the following 2025 Salinas Strategic Plan strategies:
1.c. Explore and expand Economic Development opportunities Page | 5
2.b. Encourage and incentivize senior housing development 2.c. Facilitate housing development while minimizing impacts to neighborhoods 4.a. Continue working on the Visión Salinas 2040 General Plan 4.b. Provide responsive and high-quality customer service DEPARTMENTAL COORDINATION:
The Community Development Department (CDD) is leading this effort with close coordination with other departments. CDD established an internal committee in May to support the ZCU comprised of staff from CDD, Public Works, Library and Community Services, Police, Fire, and Legal.
FISCAL AND SUSTAINABILITY IMPACT:
Fund Appropriation Appropriation
Name
Total
Appropriation
Amount for
recommendation
FY 24-25
Operating
Budget Page
Last Budget
Action (Date,
Resolution)
2513 30.3701-63.5900 Outside Services
Other
Professional
Services
$778,759 $1,000,000 106 4/8/25, 23222
The funding source for this Agreement is from Fund 2513 (General Plan) which is funded by the General Plan/Zoning Maintenance Fees collected with building permits. Funding for this multiyear project is included in the Fiscal Year 2024-25 budget and the proposed Fiscal Year 2025-26 budget. The General Plan Fund budget appropriation for Fiscal Year 2024-2025 was $726,718.00, with $593,038.00 appropriated to professional services. On April 8, 2025, City Council approved increasing the professional services appropriation by $400,000 for a new total of $993,038. The requested FY 2025-26 budget appropriation for Fund 2513 is $1,887,570.
ATTACHMENTS:
1. Resolution
2. Draft Agreement for Professional Services
3. Exhibit B: draft Scope of Work
4. Request for Proposals
5. PlaceWorks, Inc. Proposal
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RESOLUTION NO. (N.C.S.)
A RESOLUTION OF THE SALINAS CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH PLACEWORKS, INC. TO PREPARE COMPREHENSIVE ZONING CODE
UPDATES FOR THE CITY OF SALINAS IN AN AMOUNT NOT TO EXCEED $1,000,000
WHEREAS, the City of Salinas (City) is preparing the comprehensive Vision Salinas 2040 General Plan Update, which proposes flexible land use Place Type designations meet community goals and needs; and
WHEREAS, Zoning Code updates are necessary for consistency with state law and the General Plan Update and to streamline regulations and processes; and WHEREAS, the 2023-2031 Housing Element adopted in December 2023 specifies that changes to the Zoning Code are necessary for compliance with California state law; and WHEREAS, the City sought professional planning services to support a comprehensive Zoning Code Update, and staff prepared a Request for Proposals (RFP) for a comprehensive Zoning Code Update released the RFP on October 29, 2024, to the City’s on-call list for Advanced Planning and Current Planning services, and three proposals were received by the due date of December 6, 2024; and
WHEREAS, staff from the Community Development and Public Works Departments reviewed and ranked the written proposals, and the City conducted oral interviews of the two highest scoring consultant firms; and
WHEREAS, based upon staff’s review of the written proposals and the panel interviews, staff identified PlaceWorks as the preferred consultant; and WHEREAS, PlaceWorks and their subconsultants meet the requirements of the Request for Proposals and have extensive experiences with the City and development of zoning codes; and WHEREAS, the funding source for this Agreement is from Fund 2513 (General Plan) which is funded by the General Plan/Zoning Maintenance Fees collected with building permits; and
WHEREAS, the City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). Because the 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.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the City Page | 2
Manager to execute an Agreement for Professional Services with PlaceWorks, Inc. to prepare the Comprehensive Zoning Code Updates for the City of Salinas in an amount not to exceed $1,000,000.
PASSED AND APPROVED this 17
th day of June, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Dennis Donohue, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Form: Professional Services Agreement v. March 2025 Page 1 of 16 PlaceWorks, Inc.
June 2025
AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF SALINAS AND
PLACEWORKS, INC.
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Contents
RECITALS ..................................................................................................................................... 4 TERMS ........................................................................................................................................... 4
1. Scope of Service. ................................................................................................................. 4
2. Term; Completion Schedule. ............................................................................................... 4
3. Compensation. ..................................................................................................................... 4
4. Billing. ................................................................................................................................. 4
5. Meet & Confer. .................................................................................................................... 5
6. Additional Copies................................................................................................................. 5
7. Responsibility of Consultant................................................................................................ 5
8. Responsibility of City. ......................................................................................................... 5
9. Acceptance of Work Not a Release. .................................................................................... 6
10. Indemnification and Hold Harmless. ................................................................................... 6
11. Insurance.............................................................................................................................. 6
12. Access to Records................................................................................................................ 6
13. Non-Assignability. ............................................................................................................... 7
14. Changes to Scope of Work. ................................................................................................. 7
15. Ownership of Documents. ................................................................................................... 7
16. Termination.......................................................................................................................... 7
17. Compliance with Laws, Rules, and Regulations. ................................................................ 8
18. Exhibits Incorporated........................................................................................................... 8
19. Independent Contractor........................................................................................................ 8
20. Integration and Entire Agreement........................................................................................ 8
21. Jurisdiction and Venue......................................................................................................... 9
22. Severability .......................................................................................................................... 9
23. Notices. ................................................................................................................................ 9
24. Nondiscrimination.............................................................................................................. 10
25. Conflict of Interest. ............................................................................................................ 10
26. Headings. ........................................................................................................................... 10
27. Attorneys’ Fees.................................................................................................................. 10
28. Non-Exclusive Agreement................................................................................................. 10
29. Rights and Obligations Under Agreement......................................................................... 10
30. Licenses.............................................................................................................................. 10
31. Counterparts....................................................................................................................... 11 DRAFT
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32. Legal Representation. ........................................................................................................ 11
33. Joint Representation........................................................................................................... 11
34. Warranty of Authority........................................................................................................ 11
35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements.............................................................................................. 12 Exhibit B- Scope of Service.......................................................................................................... 16 DRAFT
Form: Professional Services Agreement v. March 2025 Page 4 of 16 PlaceWorks, Inc.
June 2025
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND PLACEWORKS, INC.
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this ____ day of ______, 2025, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and PlaceWorks, Inc., a corporation (hereinafter “Consultant”).
RECITALS
WHEREAS, Consultant represents that he, she, or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, City and Consultant agree as follows:
TERMS
1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibit B, attached hereto and incorporated herein by reference.
2. Term; Completion Schedule. This Agreement shall commence on July 1, 2025 and shall terminate on June 30, 2028, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.
3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed one million dollars ($1,000,000).
4. Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice.
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:
(A) A brief description of services performed;
(B) The date the services were performed;
(C) The number of hours spent and by whom;
(D) A brief description of any costs incurred; and
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(E) The Consultant’s signature.
Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.
5. Meet & Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.
6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.
7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.
8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City. (B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.
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(C) City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services.
City may unilaterally change its representative upon notice to the Consultant. (D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.
9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.
10. Indemnification and Hold Harmless.
(A) Indemnification and Hold Harmless for Professional Liability. Where the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees, and agents (“Professionally Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including reasonable attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) to the extent they arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Consultant, or by any individual or entity for which Consultant is legally liable. (B) Indemnification and Hold Harmless for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents (“Indemnified Parties”) from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder, including the performance of work of any of Consultant’s subcontractors or agents, or Consultant’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
11. Insurance. Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours.
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Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.
13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.
14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes.
Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.
15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:
(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are DRAFT
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made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense. (C) In the event that this Agreement is terminated by City for any reason, Consultant shall:
(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and (2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.
19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.
20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding DRAFT
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shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.
Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:
City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
With a copy to:
City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:
Charlie Knox, Principal
PlaceWorks, Inc.
2040 Bancroft Way, Suite 400
Berkley, California 94704
Tel: 510.848.3815 ext. 3310
Email: [email protected]
(C) The execution of any such notices by the City Manager shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice.
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(D) All such notices shall either be delivered personally to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.
24. Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.
25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.
26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.
28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.
29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good DRAFT
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standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.
34. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.
35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.
Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.
CITY OF SALINAS
____________________________
René Mendez, City Manager
APPROVED AS TO FORM:
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_________________________
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney
CONSULTANT
___________________________________
By (Printed Name): ___________________
Its (Title): ___________________________
Exhibit A- Insurance Requirements
Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
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(A)Commercial General Liability (“CGL”): Insurance Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consultant has no owned autos, hired and non-owned, with limits no less than $1,000,000 per accident for bodily injury and property damage.
(C)Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D)Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
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Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administrations, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
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Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.
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Exhibit B- Scope of Service
[Scope of Service; Compensation]
This chapter describes the scope of services to be completed by the PlaceWorks team for the Salinas Comprehensive Zoning Code Update. To facilitate your review of this proposal, we have prepared a concise scope that emphasizes key components of our approach to this project.
We are flexible regarding the proposed scope of work and will work with you to prepare a more detailed scope when we enter into a contract. We also recognize that it may be necessary to alter the scope as the project progresses and would be happy to work with you to ensure the successful completion of the project.
The Zoning Code Update will be a long-term process broken into three phases. As Phase 1 of the zoning code amendments, PlaceWorks will address Housing Element implementation and other City priorities. For Phase 2 of the zoning amendments, within six months of General Plan adoption, the City will adopt Zoning Code Updates that will bring the General Plan Place Types and the Zoning Code into alignment. PlaceWorks is well suited to accomplish this task given that we are assisting City staff with the General Plan Update and previously worked with the City on the shift from conventional land use designations to Place Types. General Plan Consistency Zoning Map Amendments will occur concurrently with the second phase. Phase 3 of this effort is the remainder of the comprehensive update of the 2006 Zoning Code. Based on review of background information and direction from City staff, PlaceWorks will prepare Zoning Code Amendments as identified in the sub-tasks below. Zoning Map Amendments will occur concurrently.
A summary of the work program is presented in Table 1.
Table 1 Work Program Summary
Table 1 Work Program Summary
This task will kick off the project and provide management to ensure the project stays on schedule and on budget.
PlaceWorks will conduct ongoing project management, including internal coordination, review of project budget, and preparation of monthly invoices and progress reports. Our project management team includes Charlie Knox, Principal, as Principal-in-Charge; Amy Sinsheimer, Senior Associate, as Project Manager; and Erika Lindstrom, Associate, as Assistant Project Manager. Amy will serve as the day-to-day contact for overall project management and will oversee coordination of the regular project meetings, budget, and schedule.
PlaceWorks will meet with City staff to initiate the project via a virtual kick-off meeting. We will review the scope and schedule with a focus on the intersection of outreach events and project milestones. We will review the project goals, work plan, and schedule as well as roles, communication protocols, data needs, concerns/issues, and the status of current and planned efforts that are relevant to the project. This meeting will establish project management procedures, including invoicing terms and communication protocols, and data collection approach. In advance of this meeting, the PlaceWorks team will prepare a data request document and detailed work program, including a schedule/timeline for the completion of each task, for review by the project team at the meeting. After the kick-off meeting, PlaceWorks will refine the project scope of work and schedule as needed to reflect desired project goals.
The PlaceWorks project management team will participate in bi-weekly virtual status update meetings with City staff to ensure that the project remains on task and budget. Additional PlaceWorks staff will attend meetings as needed. It is assumed that the bi-weekly status meetings will be conducted virtually (e.g., Zoom, Teams, phone) and will average one hour each. PlaceWorks will prepare and share a meeting agenda prior to each meeting. PlaceWorks will also participate in periodic phone calls with the City’s Project Manager (upon the initiation of either party) on an as-needed basis to address any issues that arise between project team meetings.
PlaceWorks will review and assess the current Zoning Code against the proposed General Plan (Visión Salinas 2040), the adopted 2023-2031 Housing Element, and applicable State laws. We will also review staffidentified Zoning Code concerns or issues that should be addressed as part of the comprehensive update.
Following the assessment of background data, PlaceWorks will conduct a review of best practices to help guide subsequent Zoning Code update tasks.
Deliverables:
» Detailed work program (schedule and timeline)
» Detailed budget tracking document
» Agendas for kick-off meeting and for bi-weekly check-in calls » Monthly invoices and progress reports
Community involvement will be a key component of the Zoning Code Update. We will work with City staff to develop a public engagement approach that will be culturally appropriate for the Salinas community and mindful of engagement done to date by the General Plan Update team.
As an initial phase of this task, PlaceWorks will use input from the kick-off meeting to develop a Public Engagement Plan for the project. The Public Engagement Plan will provide goals, methods of engagement, and an anticipated schedule for outreach components. Preliminary recommendations for engagement efforts include the following:
» Two in-person pop-ups at community events
» Two in-person and one virtual community workshops or open house events » Ten stakeholder group meetings
» Coordination with relevant County, State, and local responsible agencies » Property owner notification
» One joint-study session with the Planning Commission and City Council (see Task 3) » Two other meetings with Planning Commission (see Task 4) » Two other meetings with City Council (see Task 5)
Each of these components is described in more detail in the following subtasks and may be refined or revised following the kick-off meeting.
The public engagement effort is anticipated to include the following. However, the final public engagement plan will be finalized working with City staff during Task 2.1. Materials anticipated for each type of event are detailed below and will include graphic-rich materials to convey the topics in the Zoning Code to the general public.
PlaceWorks will provide materials and facilitate two in-person pop-ups at community events. The purpose of these events is to educate residents in a more informal setting and encourage community participation in locations where community members are already gathering. Each pop-up will be structured to allow people to stop by while attending the main event. PlaceWorks will work with City staff to determine which community events would be best for outreach and attract as many segments of the community as possible.
Pop-ups could occur at local branch libraries, community centers, or the following event types:
» Community Farmers’ Markets
» Arts and Crafts Fairs
» Holiday Events (e.g., tree lighting)
» Faith-based community events
» Parent Teacher Association (PTA) meetings
» Youth sports events
PlaceWorks will provide draft and final materials for City staff review, including, but not limited to, a project flyer and factsheet, 24” x 36” activity board, and QR code to advertise upcoming events. PlaceWorks will also develop outreach materials, including, but not limited to, postcards or mailers, flyers suitable for posting, eblasts to City subscribers, and social media postings. All materials will be prepared in English and Spanish.
PlaceWorks will provide staffing by one bilingual PlaceWorks staff for each pop-up. We assume that additional staffing and interpretation will be provided by City staff.
One virtual and two in-person community meetings in the form of an open house or workshop will be held at key points of the planning process to introduce the project and receive community feedback on zoning concerns as well as feedback on the Public Review Draft Zoning Code and Map Amendments. For each community meeting, PlaceWorks will prepare draft and final materials, including a meeting agenda, sign-in sheet, presentation, open house boards and/or workshop activity, comment cards, and handouts as needed.
PlaceWorks will also develop outreach materials, including, but not limited to, postcards or mailers, flyers suitable for posting, e-blasts to City subscribers, and social media postings. All materials will be prepared in English and Spanish. We assume up to three PlaceWorks staff, including one bilingual staff member, for each community meeting with additional staffing and interpretation provided by City staff.
PlaceWorks will work with City staff to identify appropriate stakeholders, such as developers, real estate brokers, and property owners, to participate in the Zoning Code Update process. We propose up to five smallgroup meetings with invited participants to discuss existing constraints and potential opportunities. We propose that there be two rounds of stakeholder meetings with the same groups of invited participants to gain their input at key points in the process. PlaceWorks will facilitate the stakeholder meetings and will provide support through the preparation of emailed invitation language, meeting agendas, and discussion questions for City review. It is anticipated that at least one stakeholder meeting will be conducted in person with the remaining stakeholder meetings held virtually. We assume that the City will be responsible for inviting stakeholders to the meetings.
PlaceWorks will facilitate up to eight virtual meetings with relevant agencies. Meetings with agencies will be scheduled in coordination with City staff and will occur on an as-needed basis. Prior to each meeting, PlaceWorks will work with City staff to draft an agenda and meeting materials, determine the most appropriate meeting format, and identify necessary participants. We assume that City staff will be responsible for identifying and inviting key agency staff members to the meetings. Agency/department coordination meetings would be in addition to regular bi-weekly meetings with the project team.
PlaceWorks will draft notification language for property owners in areas subject to zoning district changes.
We assume that City staff will be responsible for printing and distributing notices to property owners.
PlaceWorks will prepare an engagement summary that outlines all engagement efforts throughout the project. The summary will also document key themes and issues that we heard from the community, identify how the project responded to community input, and include raw data from outreach events.
Deliverables:
» Draft and Final Public Engagement Plan
» Preparation of materials in English and Spanish for workshops and other engagement, and presenting at identified meetings, including as detailed above under each type of event or outreach activity » Engagement summary
As Phase 1 of the Zoning Code amendments, PlaceWorks will address Housing Element implementation and other City priorities.
PlaceWorks will prepare Draft Short-Term Priorities Amendments for internal review and comment by City staff. The draft amendments are anticipated to include the following:
» Implementation of Program 6 of the 2023-2031 Housing Element, including:
o Establishing and/or updating development standards and processes to facilitate maximum densities, encourage small-lot consolidation, and remove constraints to housing development (e.g., garage and covered parking requirements).
o Removing subjective required entitlement findings (e.g., Salinas Municipal Code Section 37-
60.520(b)) for housing projects and mixed-use development with a housing component. o Establishing streamlined approval processes for applicable housing projects (e.g., supportive housing, low-barrier navigation centers) that are permitted as a by-right use in appropriate zoning districts.
» Implementation of other Housing Element programs with zoning components, including Program 4 for Accessory Dwelling Units, Program 7 for the density bonus regulations and potentially the inclusionary housing regulations, and potentially other programs as determined through working with staff.
» Removing the Conditional Use Permit requirement for driveway expansion. » Adding the existing Cannabis regulations into the Zoning Code. » Updating regulations for compliance with Senate Bill 9. » Updating regulations to address legal requirements regarding religious assembly. » Updating regulations to address State law governing cottage food and micro-kitchens.
Before preparing the Administrative Review Draft Short-Term Priorities Amendments, PlaceWorks will consult with City staff to determine the appropriate file format(s) and preferred tracking procedures to ensure ease of internal use and review. It is assumed that the City will provide a single, consolidated set of comments following the review.
Following receipt of consolidated City staff comments, PlaceWorks will prepare Final Short-Term Priorities Amendments to be presented to the Planning Commission and City Council for adoption. PlaceWorks will prepare the Final Short-Term Priorities Amendments with all revisions in PDF or other preferred format. We assume that the City will be responsible for updating the Zoning Code’s website (e.g., Municode).
PlaceWorks will prepare a commonsense exemption to evaluate the Phase 1 zoning amendments.
PlaceWorks’ California Environmental Quality Act (CEQA) staff will participate in a virtual meeting with PlaceWorks’ zoning team and City staff to kick off the CEQA review for Phase 1 of the project. The meeting focus will be to familiarize the CEQA team with the contents of the Phase 1 zoning amendments, and to discuss next steps and timelines for preparing the exemption.
Following the kick-off meeting, PlaceWorks will prepare a draft project description of the proposed Phase 1 zoning amendments. PlaceWorks will provide a revised project description based on City comments on the draft project description as part of the Administrative Draft Exemption Memorandum.
This scope of work assumes that the zoning amendments in Phase 1 will qualify for a commonsense exemption (i.e., they will not have the potential to create a significant effect on the environment). It is assumed that any zoning amendments being considered that may have the potential to create a significant effect on the environment will be included in the Phase 2 or Phase 3 zoning amendments.
PlaceWorks will prepare a concise memorandum that documents the proposed project’s ability to meet the requirements of CEQA Guidelines Section 15061(b)(3), which states:
The activity is covered by the commonsense exemption that CEQA applies only to projects 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.
The memorandum will serve as an attachment to a Notice of Exemption (NOE) form. The level of detail in the analysis is assumed to be the same as was provided in the commonsense exemption prepared by PlaceWorks in 2023 for the City’s Housing Element Update, which contained a table listing the components of the proposed project and a summary description of each component’s suitability for a commonsense exemption.
Using one set of consolidated comments from City staff on the Administrative Draft Exemption Memorandum, PlaceWorks will prepare a Screencheck Draft Exemption Memorandum.
Using one set of consolidated comments from the City on the Screencheck Draft Exemption Memorandum, PlaceWorks will prepare the Final Exemption Memorandum. This task assumes that comments received on the Screencheck Draft Exemption Memorandum will be minimal and require only minor textual edits or revision, that the Final Exemption Memorandum will be posted online prior to project approval, and that a response to comments process will not occur.
During Phase 1, PlaceWorks’ CEQA staff will participate in up to four virtual meetings with City staff.
While filing the NOE with the County Clerk is optional, we recommend filing to shorten the statute of limitations from 180 to 35 days. Our scope of work assumes that, following the approval of the proposed project and the NOE, the City will want to file the NOE with the County Clerk to shorten the statute of limitations. Our scope of work assumes PlaceWorks will assist the City with preparing any noticing materials and that City staff will be responsible for overseeing the filing of the NOE with the County Clerk. Our budget does not include payment of any filing fees. PlaceWorks will submit the NOE to the State Clearinghouse.
PlaceWorks will prepare necessary materials for the five Planning Commission and City Council meetings in Tasks 3, 4, and 5, including draft hearing notices, draft staff reports, resolutions, ordinances, presentations, and attachments as needed.
PlaceWorks will attend a joint study session with the Planning Commission and City Council to present an overview of the Zoning Code Update and receive guidance about key issues to address in the update.
Deliverables:
» Draft Phase 1 Zoning Amendments
» Final Phase 1 Zoning Amendments
» Phase 1 Draft CEQA Project Description (Word)
» Phase 1 Administrative Draft Notice of Exemption and Exemption Memorandum (Word) » Phase 1 Screencheck Draft Notice of Exemption and Exemption Memorandum (PDF) » Phase 1 Final Notice of Exemption and Exemption Memorandum (PDF) » Phase 1 Notice of Exemption Filing (PDF)
» Phase 1 Notice of Exemption LCI Filing (PDF)
» Draft staff reports, resolutions, ordinances, and PowerPoint presentations for one joint Planning Commission/City Council study session
» Draft notices for the public and for government agencies as needed » Attendance at one joint Planning Commission/City Council study session For Phase 2 of the zoning amendments, within six months of General Plan adoption, the City will adopt Zoning Code Updates that will bring the General Plan Place Types and Zoning Code into alignment.
PlaceWorks will prepare Draft General Plan Consistency Amendments for internal review and comment by City staff. The draft will use graphics and other in-text approaches to make the code user friendly, including easy to pull out/individually extractable sections that could become zoning-counter handouts and online fact sheets (if applicable for the Phase 2 amendments). The draft interim amendments are anticipated to include, but are not limited to, the following:
» Updating density and height standards in existing zoning districts to align with adopted General Plan Place Types.
» Establishing more flexible non-conforming use and structure regulations.
It is assumed that the City will provide a single, consolidated set of comments following the review.
Following receipt of consolidated City staff comments, PlaceWorks will prepare Final General Plan Consistency Amendments to be presented to the Planning Commission and City Council (see Task 4.7) for adoption. PlaceWorks will prepare the Final General Plan Consistency Amendments with all revisions in PDF or other preferred format. We assume that the City will be responsible for updating the Zoning Code website (e.g., Municode).
PlaceWorks’ geographic information systems (GIS) team will develop an internal webmap tool to overlay and compare General Plan Place Types with existing zoning designations at the parcel level. Using the webmap, PlaceWorks will work with City staff to identify inconsistent parcels to be updated through the subsequent General Plan Consistency Amendments (Task 4.1). Our time and budget estimates for the parcel ID task cover analysis of up to 300 inconsistent parcels. If more inconsistent parcels are discovered that require analysis, we will present options to City staff for shifting funds among tasks, as opposed to requesting a budget augment.
Based on the findings of Task 4.3, PlaceWorks’ GIS team will prepare draft and final maps to align existing zoning districts with the closest adopted General Plan Place Type(s) and to accompany Zoning Code text updates. The Draft General Plan Consistency Zoning Map Amendments will be made available for internal review and comment by City staff in ArcGIS, PDF, or another City-preferred editable format. Final General Plan Consistency Zoning Map Amendments will incorporate City staff review comments and will address any map typos or errors. Before preparing the map updates, PlaceWorks will consult with City staff to determine the appropriate file format(s). This task will be completed within six months of General Plan adoption.
PlaceWorks will prepare an addendum to the Visión Salinas 2040 General Plan EIR to evaluate the Phase 2 zoning amendments. This proposed approach to prepare an addendum to the certified General Plan EIR is based on the presumption that the Phase 2 zoning amendments will be within the scope of and consistent with the Place Types to be adopted as part of the Visión Salinas 2040 General Plan and would therefore not create any new or worsened impacts than those identified in the General Plan EIR. PlaceWorks recommends an addendum, rather than a tiered mitigated negative declaration, because an addendum is a more legally defensible CEQA document.
PlaceWorks’ CEQA staff will participate in a virtual meeting with PlaceWorks’ zoning team and City staff to initiate the CEQA review for Phase 1 of the zoning amendments. The meeting focus will be to familiarize the CEQA team with the contents of the Phase 2 zoning amendments, and to discuss next steps and timelines for preparing the addendum.
Following the meeting with City staff, PlaceWorks will prepare a draft project description of the proposed Phase 2 zoning amendments. PlaceWorks will provide a revised project description based on City comments on the draft project description as part of the Administrative Draft Addendum described below.
PlaceWorks will prepare an addendum to the certified General Plan EIR. The addendum will include qualitative discussions for each of the CEQA-required topical areas, referencing the conclusions in the General Plan EIR, wherever possible, for the conclusions in the addendum. A contract modification would be required for any new modeling or major quantitative analysis. PlaceWorks will submit the Administrative Draft Addendum electronically (in Word) for City review and comment.
Using one set of consolidated comments from City staff on the Administrative Draft Addendum, PlaceWorks will prepare a Screencheck Draft Addendum.
Using one set of consolidated comments from the City on the Screencheck Draft Addendum, PlaceWorks will prepare the Final Addendum. This task assumes that comments received on the Screencheck Draft Addendum will be minimal and require minor text edits or revision. This scope of work also assumes that the Final Addendum will be posted online for public review but that a response to comments process will not be required. Therefore, this scope of work does not include any responses to comments that the City may receive on the addendum. However, we are available to prepare responses to comments and addendum revisions, if requested, for an additional cost.
During Phase 2, PlaceWorks’ CEQA staff will participate in up to four virtual meetings with City staff. This scope of work assumes one-hour meeting durations.
Following the approval of the addendum and within five days of approval of the Phase 2 zoning amendments, PlaceWorks will prepare a Notice of Determination (NOD) for submittal to the County Clerk. PlaceWorks will submit the NOD to the Governor’s Office of Land Use and Climate Innovation’s (LCI’s) State Clearinghouse.
City staff will submit the NOD to the County Clerk and pay all applicable filing fees at the time of posting. The budget does not include payment of any filing fees.
The PlaceWorks team will attend up to two in-person study sessions and/or public hearings total with the Planning Commission and/or City Council. The additional meetings with approval bodies will correspond with project milestones and goals.
Deliverables:
» Draft Phase 2 Zoning Amendments
» Final Phase 2 Zoning Amendments
» Internal GIS Webmap for use by PlaceWorks and City staff » Draft Phase 2 Zoning Map Amendments
» Final Phase 2 Zoning Map Amendments
» Phase 2 Draft CEQA project description (Word)
» Phase 2 Administrative Draft Addendum (Word)
» Phase 2 Screencheck Draft Addendum (PDF)
» Phase 2 Final Addendum (PDF)
» Phase 2 Notice of Determination (PDF)
» Phase 2 Notice of Determination LCI Filing
» Attendance at one in-person Planning Commission and one in-person City Council meeting Phase 3, the largest task of this effort, is the remainder of the comprehensive update of the 2006 Zoning Code. Based on review of background information and direction from City staff, PlaceWorks will prepare Zoning Code Amendments as identified in the tasks below. Zoning Map Amendments will occur concurrently.
PlaceWorks will prepare the Administrative Review Full Code Amendments for internal review and comment by City staff. The Administrative Draft will demonstrate consistency with Visión Salinas 2040, the 2023-2031 Housing Element, and applicable State laws; and will incorporate best practice findings from Task 1.4 and proposed objective design standards (ODS); and will be informed by community, stakeholder, and agency feedback (Task 2.2). The draft will use graphics and other in-text approaches as applicable to make it user friendly, including easy to pull out/individually extractable sections that could become handouts. Prior to submittal, proposed updates will be stress-tested with City staff, agencies, and/or stakeholders using realistic mock development applications for known potential sites. Updates to the City’s zoning standards and regulations are anticipated to include, but are not limited to:
» Reorganizing and reformatting Chapter 37 as needed to ensure that the Zoning Code is user-friendly for the public and staff.
» Appropriately aligning zoning districts with the newly established General Plan Place Types (also see Task 4).
» Establishing additional mixed-use districts and development standards that emphasize form and placemaking over use in the appropriate Place Types (e.g., Mixed Use, City Center). » Encouraging Transit-Oriented Development (TOD) near major corridors and destinations through applicable zoning designations and development standards. » Increasing flexibility in the Zoning Code to accommodate innovative economic development activity. » Thoughtfully addressing nonconforming uses and structures that do not align with the new General Plan Place Types.
Before preparing the Administrative Review Draft, PlaceWorks will consult with City staff to determine the appropriate file format(s) and preferred tracking procedures to ensure ease of internal use and review. It is assumed that the City will provide a single, consolidated set of comments following the review.
Following receipt of consolidated City staff comments, PlaceWorks will prepare a Public Review Draft of the Full Code Amendments that is suitable to be published on the City’s website and presented to the Planning Commission and City Council (see Task 5.8).
PlaceWorks will provide the Revised Draft Full Code Amendments to City staff for consideration for adoption.
The Revised Draft Full Code Amendments will address any typos or errors and will incorporate a summary of edits and responses to comments on the Public Draft from staff, Planning Commission, City Council, and the public.
Following Planning Commission and City Council adoption hearings (see Task 5.8), PlaceWorks will prepare the Final Full Code Amendments with all revisions in PDF or other preferred format. We assume that the City will be responsible for updating the Zoning Code website (e.g., Municode).
PlaceWorks’ GIS team will prepare Zoning Map Amendments and revisions to accompany each version of the Full Code Amendments text updates.
PlaceWorks will prepare an addendum to the Visión Salinas 2040 General Plan EIR, herein referred to as the General Plan EIR, to evaluate the Phase 3 Zoning Code Update. This proposed approach to prepare an addendum to the certified General Plan EIR is based on the presumption that the proposed Zoning Code Update will be within the scope of and consistent with the Place Types to be adopted as part of the Visión Salinas 2040 General Plan and would therefore not create any new or worsened impacts than those identified in the General Plan EIR. PlaceWorks recommends an addendum, rather than a tiered mitigated negative declaration, because an addendum is a more legally defensible CEQA document.
PlaceWorks’ CEQA Lead, Alexis Mena, and CEQA Project Manager, Madeline Miller, will participate in a virtual meeting with PlaceWorks’ zoning team and City staff to begin the CEQA process for the Phase 3 zoning amendments. The meeting focus will be to familiarize the CEQA team with the contents of the Phase 3 zoning amendments, and to discuss next steps and timelines for preparing the addendum.
Following the meeting with City staff, PlaceWorks will prepare a draft project description of the proposed Phase 3 zoning amendments. PlaceWorks will provide a revised project description based on City comments on the draft project description as part of the Administrative Draft Addendum described below.
PlaceWorks will prepare an addendum to the certified General Plan EIR. The addendum will include qualitative discussions for each of the CEQA-required topical areas, referencing the conclusions in the General Plan EIR, wherever possible, for the conclusions in the addendum. A contract modification would be required for any new modeling or major quantitative analysis. PlaceWorks will submit the Administrative Draft Addendum electronically (in Word) for City review and comment.
Using one set of consolidated comments from City staff on the Administrative Draft Addendum, PlaceWorks will prepare a Screencheck Draft Addendum.
Using one set of consolidated comments from the City on the Screencheck Draft Addendum, PlaceWorks will prepare the Final Addendum. This task assumes that comments received on the Screencheck Draft Addendum will be minimal and require minor text edits or revision. This scope of work also assumes that the Final Addendum will be posted online for public review but that a response to comments process will not be required. Therefore, this scope of work does not include any responses to comments that the City may receive on the addendum. However, we are available to prepare responses to comments and addendum revisions, if requested, for an additional cost.
During Phase 3, PlaceWorks’ CEQA staff will participate in up to four virtual meetings with City staff. This scope of work assumes one-hour meeting durations.
Following the approval of the addendum and within five days of approval of the Phase 3 zoning amendments, PlaceWorks will prepare a Notice of Determination (NOD) for submittal to the County Clerk. PlaceWorks will submit the NOD to the LCI’s State Clearinghouse. City staff will submit the NOD to the County Clerk and pay all applicable filing fees at the time of posting. The budget does not include payment of any filing fees.
The PlaceWorks team will attend up to two in-person study sessions and/or public hearings total with the Planning Commission and/or City Council. The additional meetings with approval bodies will correspond with project milestones and goals.
Deliverables:
» Administrative Review Draft Phase 3 Zoning Amendments » Public Review Draft Phase 3 Amendments
» Revised Draft Phase 3 Amendments
» Final Phase 3 Amendments
» Administrative Review Draft Phase 3 Zoning Map Amendments » Public Review Draft Phase 3 Zoning Map Amendments
» Revised Draft Phase 3 Zoning Map Amendments
» Final Phase 3 Zoning Map Amendments with all revisions, in ArcGIS, PDF, or other City-preferred editable format
» Phase 3 Draft CEQA project description (Word)
» Phase 3 Administrative Draft Addendum (Word)
» Phase 3 Screencheck Draft Addendum (PDF)
» Phase 3 Final Addendum (PDF)
» Phase 3 Notice of Determination (PDF)
» Phase 3 Notice of Determination LCI Filing
» Attendance at one in-person Planning Commission and one in-person City Council meeting
July August September October November December January February March April May June July August September October November December January February March April May June July August September October November December January February March April Task 1. Project Kick-off, Coordination, and Management
1.1. Ongoing Project Management
1.2. Project Kick-off Meeting *
1.3. Coordination and Meetings with Staff * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
1.4. Background Data and Best Practice Research
Task 2. Public Engagement
Tasks
2025 2026 2027 2028
2.1. Public Engagement Plan
2.2. Public Engagement Materials and Facilitation * * * * * *
2.3. Public Engagement Summary
Task 3. Phase 1 - Short-Term Priorities Amendments
3.1. Phase 1 - Draft Short-Term Priorities Amendments
3.2. Phase 1 - Final Short-Term Priorities Amendments
3.3. Phase 1 - CEQA Review (Common Sense Exemption)
3.4. Phase 1 - Notice of Exemption Filing
3.5. Planning Commission and City Council Materials
3.6. Joint Planning Commission/City Council Kickoff Study Session * Task 4. Phase 2 - General Plan Consistency Amendments
4.1. Phase 2 - Draft General Plan Consistency Amendments
4.2. Phase 2 - Final General Plan Consistency Amendments
4.3. Phase 2 - Inconsistent Parcel Identification
4.4. Phase 2 - Draft and Final General Plan Consistency Zoning Map Amendments
4.5. Phase 2 - CEQA Review (Addendum to General Plan EIR)
4.6. Phase 2 - Notice of Determination
4.7. Phase 2 - Planning Commission and City Council Attendance * * Task 5. Phase 3 - Full Zoning Code Update
5.1. Phase 3 - Administrative Review Draft Full Code Amendments
5.2. Phase 3 - Public Review Draft Full Code Amendments
5.3. Phase 3 - Revised Draft Full Code Amendments
5.4. Phase 3 - Final Full Code Amendments
5.5. Phase 3 - Complete Zoning Map Amendments and Revisions
5.6. Phase 3 - CEQA Review (Addendum to General Plan EIR)
5.7. Phase 3 - Notice of Determination
5.8. Phase 3 - Planning Commission and City Council Attendance * * PlaceWorks Preparation of Project Task
Staff Review of Work Products
Public Review Period
Meetings - Conference Calls or In-Person *
1 REQUEST FOR PROPOSALS
PREPARATION AND PROCESSING OF
A COMPREHENSIVE ZONING CODE
UPDATE
Released October 29, 2024
Important Dates
Questions Due: November 12, 2024 – 4 PM
Proposals Due: December 6, 2024 – 4 PM
Project Manager: Jonathan Moore, Senior Planner
Email: [email protected]
2 Table of Contents
SUMMARY OF REQUEST.......................................................................................................................................... 3 BACKGROUND........................................................................................................................................................... 3 ZONING CODE UPDATE ........................................................................................................................................... 4 SCOPE OF WORK ....................................................................................................................................................... 4 Task 1: Project Kickoff, Coordination and Management ...................................................................................... 5 Task 2: Preparation of bridge zoning code amendments....................................................................................... 6 Task 3: Coordination/Consultation with Other Agencies...................................................................................... 6 Task 4: Public Hearing Preparation ....................................................................................................................... 7 Task 5: Graphics, Figures, Maps........................................................................................................................... 7 Task 6: Document Packaging .............................................................................. Error! Bookmark not defined.
Optional Tasks....................................................................................................................................................... 7 PROPOSAL FORMAT ................................................................................................................................................. 7 EVALUATION CRITERIA.......................................................................................................................................... 9 PROPOSAL SUBMITTAL.........................................................................................................................................10 INQUIRIES ................................................................................................................................................................. 11 CITY PROCESS .........................................................................................................................................................11 CONDITIONS AND RESPONSIBILITIES OF REQUEST ......................................................................................11 ATTACHMENTS .......................................................................................................................................................13 ANTICIPATED TIMELINE.......................................................................................................................................13 3 SUMMARY OF REQUEST
The City of Salinas (the City) is requesting proposals for consulting firms (the Consultant) to provide planning services related to the preparation and processing of a comprehensive update to its Zoning Code and map (the “ZCU”). The City is in the process of completing its first comprehensive General Plan update in over two decades, which will include a place-based approach to land use planning, an Environmental Justice Element, and the simultaneous completion of the City’s first Climate Action Plan (CAP).
The ZCU shall accomplish the following goals:
• Implement the Visión Salinas 2040 General Plan policies once adopted • Implement relevant programs of the 2023-2031 Housing Element • Bring the Zoning Code into compliance with state and federal law • Create a code that is user-friendly for the public and staff • Generate “buy-in” from the community and stakeholders through its engagement process The selected Consultant will develop a hybrid zoning code that utilizes form-based standards, performance standards, traditional zoning standards, and incentives, depending on the area of the city and land use.
BACKGROUND
The City launched a comprehensive General Plan update, Visión Salinas 2040, in the summer of 2021. In addition to updating each chapter of the General Plan, Visión Salinas 2040 will also include a new Environmental Justice Element and the City’s first Climate Action Plan (CAP).
Through the Visión Salinas 2040 General Plan Update, the City is proposing a new approach to land use designations and a land use map that aims to create and reinforce quality places where people want to live, work, play, and learn. Draft Place Types incorporate land use policies and recommendations of other recent planning documents including the Alisal Vibrancy Plan and Economic Development Element. These draft Place Types will offer greater flexibility and density and place less emphasis on strict use classifications. Their focus on place and form will make it easier to implement Objective Design Standards and other changes to state law intended to reduce approval times for housing projects. The City anticipates completing the new General Plan by late 2025, and wants to start the ZCU concurrently with that process to ensure consistency within six months of adoption.
The 2023-2031 Housing Element, adopted in December 2023 and subsequently found in substantial compliance with state law by HCD, is a tool for the City to continue to address its housing challenges and plan for the community’s housing needs. It includes a detailed work program of the City’s goals, policies, quantified objectives, and programs for the preservation, improvement, and development of housing for a sustainable future. Development of the City’s Future Growth Areas is a key strategy to meet the City’s housing needs and its Regional Housing Needs Allocation numbers. While the 6th cycle Housing Element was based on the 2002 General 4 Plan and current Zoning Code because of its statutory deadline, Program 6 of the Housing Element calls for the adoption of the General Plan update and details necessary amendments the Zoning Code for implementation and for compliance with changes in State law.
The 2002 Salinas General Plan identified a Future Growth Area (FGA) which is located generally north of Boronda Road, west of Williams Road, east of San Juan Grade Road and south of Rogge Road. The General Plan requires that new development in the North of Boronda FGA be based on New Urbanism as well as other design principles to promote walkability and the use of alternative modes of transportation, provide a variety of housing choices, ensure access to parks and open space, and promote sustainability, etc. For planning purposes, the North of Boronda FGA was divided into three separate proposed Specific Plan Areas; the West Area (WASP), Central Area (CASP) and East Area (EASP). Subsequently a fourth Specific Plan; the Gateway Center Specific Plan (GCSP), consisting of approximately 20 acres, was carved out of the WASP to facilitate the development of a large commercial center. The GCSP was approved by the City Council in 2011, the WASP in 2019 and the CASP in 2020. The City has started the preparation of an East Area Specific Plan, with anticipated adoption following the General Plan Update. While each of these specific plans has, or will have, its own unique zoning regulations, these should at least inform the ZCU.
ZONING CODE UPDATE
The Zoning Code, Chapter 37 of the City’s Municipal Code, had its last comprehensive update adopted in 2006 following the 2002 General Plan. The current Zoning Code is flexible but complex and often challenging for the public and staff to interpret. Creating a document that improves clarity, objectiveness, and predictability while increasing flexibility in certain spots of the City is paramount in this effort. In addition, the Zoning Code Update should address:
• Consistency with the Visión Salinas 2040 General Plan and 2023-2031 Housing Element, including updates to the zoning map,
• Consistency with recent changes in State law, particularly those related to facilitating housing and objective design and development standards, • Recommendations from staff and community stakeholders, • Streamlining development administration processes, including applications, that interface with other municipal requirements, to create transparent and predictable paths to approval, • Making the Zoning Code visually informative; and
• Appropriate CEQA review based on the Environmental Impact Report for the 2040 General Plan.
SCOPE OF WORK
The following describes general components to be included in the scope of work. The City is open to suggestions other than or in addition to those listed which facilitate the completion of the project or improve project outcomes. It is anticipated that the final scope of work will not be approved 5 until the final contract is executed with the selected Consultant and the scope has been further refined as determined by City staff and the Consultant. Descriptions of each phase of work and work product shall be in sufficient detail to permit evaluation of the relative merits of the analysis and procedures. The proposal shall identify a budget per task as well as an overall budget.
The Community Development Department will provide the Consultant with the following:
• Background information and copies of relevant reports, plans and data, • Staff participation in the review and comment of project draft documents, including engagement documents and translation review,
• Staff attendance at public meetings and stakeholder meetings, • Staff assistance in publicizing community meetings and events, • Final approval of staff reports and resolutions,
• Responses to and collaboration with other City departments involved as well in the review and comment of draft documents,
• A designated City Project Manager will coordinate the internal review process upon delivery of draft documents by the Consultant.
Work products must be provided electronically in Word and pdf formats with changes provided in track changes. Consultant is to provide all new maps in ArcGIS or a compatible format, and any digital illustrations and figures in an editable format, so that all work produced by the consultant can also be manipulated and reproduced by City staff without conversion problems.
Unless otherwise noted, the Consultant is responsible for the completion of all work tasks below:
Task 1: Project Kickoff, Coordination and Management
The Consultant shall be responsible for project management and logistics for the ZCU document. The Consultant will be expected to:
1. Attend a kick-off meeting, coordinated by City staff (the City’s Project Manager) between the project team (City staff, the Consultant and others, as applicable). In advance of this meeting, the Consultant is to prepare a detailed draft work program for review by the project team at the meeting, including a detailed schedule/timeline for the completion of each task. The work program will be finalized following the kick-off meeting.
2. Coordinate with relevant County, State and local responsible Agencies.
3. Attend staff coordinated bi-weekly virtual meeting with project team to ensure the project remains on-task and budget. Review follow-up meeting notes reflecting the completion status of each task and any actionable items in accordance with the project.
4. Participate in periodic discussions, with the City’s Project Manager (upon the initiation of either party) on an as needed basis to address any issues that arise between project team meetings.
5. Subcontract as needed with other consultants in specific disciplines and manage any subcontracts including, but not limited to, editing and integration of sub-consultant work to ensure consistency of format, management of time schedules and billing, insurances, etc.
Deliverables:
• Detailed work program (schedule and timeline)
6 • Detailed budget tracking document
• Monthly invoices and progress reports
• Management of subcontract agreements
Task 2: Public Engagement
The Consultant shall work with the City to design a robust engagement campaign to inform the community of the process and work collaboratively with stakeholders to develop the new code.
Transparency and culturally responsive engagement are critically important to the City and to the success of the ZCU. The Consultant may offer modifications and work with the City to refine the engagement plan, but the City proposes it includes a minimum of:
• Two (2) in-person and one virtual (1) public workshops, • Five (5) stakeholder group meetings (such as an advisory committee or other organization) with Consultant,
• Two (2) study sessions with the Planning Commission and one (1) with the City Council, and
• Two (2) pop-ups at community events.
The City may conduct additional engagement beyond that which requires Consultant attendance (virtual or in-person). If so, the City will need support creating materials for these meetings. In the response to this RFP, firms should also describe how they educate the community and generate support and consensus for similar projects.
Deliverables:
• Preparation of materials in English and Spanish for workshops and other engagement, and presenting at identified meetings.
Task 3: Preparation of bridge zoning code amendments
Because of the proposed land uses and other changes, in order to achieve consistency between General Plan and Zoning Code within six months of General Plan adoption, the City anticipates that a set of interim amendmends will be needed. This may include, but is not limited to:
• Updating Zoning Map to align existing zones with the closest Place Type(s), • Updating density and heights of existing zones,
• Creating more flexible non-conforming use regulations, and • Completing short-term changes described in Program 6 of the 2023-2031 Housing Element, possibly ahead of General Plan adoption if necessary for compliance with state law.
Deliverables:
• Draft bridge/interim zoning code amendments
• Final bridge/interim zoning code amendments
7 Task 4: Complete Zoning Code Update
The main task of this effort is a comprehensive Zoning Code update. This is most likely through a new Zoning Code but may take the form of a major overhaul of the existing Zoning Code, depending on what the selected Consultant and City agree is the best course of action. Responses shall describe how the Zoning Code update will address the goals and issues identified in this RFP. Responses shall also describe how the Consultant will de-bug or stress test the Zoning Code in the drafting process to improve process flows and mitigate unintended project outcomes.
Deliverables:
• Internal Review Draft Zoning Code and Zoning Map.
• Public Review Draft Zoning Code and Zoning Map.
• Revised Draft Zoning Code and Zoning Map for consideration of adoption. • Final Zoning Code and Zoning Map with all revisions, in PDF form and for web viewing (Municode).
Task 5: ZCU Approval Processing and Environmental Review Support City staff with packaging and processing the bridge amendments and final zoning code.
This includes preparation of reports and other materials necessary for formal review and adoption. Environmental review is anticipated at the IS-ND/MND level due to tiering off the full EIR for the Visión Salinas 2040 General Plan. If proposing another avenue or level of environmental review, the response shall describe why the Consultant is recommending that approach. Deliverables below are assumed for both any necessary bridge amendments and the final Zoning Code.
Deliverables:
• Draft staff reports, resolutions, ordinances and PowerPoint presentations for the Planning Commission and City Council.
• Draft notices for the public and for government agencies. • CEQA review and draft and final documentation.
Optional Tasks
Please provide any recommended additional optional tasks with costs.
Contingency
The proposal should include a contingency for unanticipated tasks which would require City of Salinas approval in advance of undertaking. The contingency may be up to ten percent (10%) of total Specific Plan proposal cost.
PROPOSAL FORMAT
8 In order to expedite and maintain consistency in the evaluation process, each proposal to this RFP shall be organized in accordance with this section. Proposals will be rated and ranked according to evaluation criteria provided in the next section. Proposal submissions shall contain thorough description and analysis of the following information in the order presented below:
1. Brief Cover Letter/Letter of Introduction
o Executive Summary (maximum two pages)
o Name, title and telephone number of the prospective consultant’s designated lead contact person for communications pertaining to this proposal.
2. Project Team
o Description of team members assigned to the project and their respective roles. It is expected that once the analysis begins, the project team will remain in place until the work is completed. Please include statements regarding the length of commitment of the proposed staff if they are not available for the duration of this project.
o Organizational chart illustrating team members assigned to the project and their respective roles.
o A brief biography or resume of each team member.
o Identification of specific sub-contractors who will be assigned to the project, and their specific roles and responsibilities.
3. Firm Experience and Qualifications
o A list of representative projects, with links, completed by the firms and individuals proposed to work on this project that best exemplify the work requested in this RFP. o For each project reference, include the project name, the client contact, the client’s phone number and email, the dates the work was accomplished, and a brief description of the work accomplished.
4. Scope of Work including Tasks and Deliverables
o A narrative describing the approach and work plan, including any studies for completing the scope of work. On a per task basis the narrative should identify the designated team member(s) responsible for completing the work, specific deliverables, and the number of meetings attended.
o Any additional suggestions Consultant believes would be valuable to include in this effort and any suggestions for further clarifying the scope or work and the 9 usefulness of the product to meet the City’s stated goals for the Zoning Code Update.
o A signed copy of any acknowledgement of any addendum to this RFP shall be included in the final submitted proposal.
5. Budget Estimate
o A detailed budget estimate in matrix form including the hourly rates and time commitments for all team members and sub-consultants by task for the project. o Denote any proposed optional tasks.
o Include similar information for any sub-contractor.
o A sample billing invoice. Invoices shall include an update on “percent complete” of each task.
6. Project Schedule
o Include timeframe for completion of tasks, including milestone dates for primary deliverables.
o Include discussion of where the project timeline may slip or is susceptible to delay if assumptions are not met relative to project task completion. As it is anticipated the project will have an assertive schedule, it is important for the City to understand the proposer’s expectations for City staff document review timeframes included in this schedule.
o For project management purposes, the schedule should indicate how often there are meetings with City staff, as well as Commission and City Council meetings.
7. General Contract Requirements
o Proof of Insurability. A brief statement or certificate of insurance from an acceptable insurance company setting forth that insurance coverage as required in the attached sample contract, at a minimum, will be available at the time of commencement of the project. The City reserves the right to request additional insurance coverages and amounts through the final Agreement negotiated between the City and Consultant.
o Concurrence with contract provisions. A brief statement that the proposer concurs with the provisions of the City’s standard contract as attached to the RFP. Under certain circumstances, and subject to the discretion of the City, some provisions of the contract may be modified upon final contract negotiations with the Consultant.
EVALUATION CRITERIA
It is the City’s sole desire to contract with a qualified, professional consultant that has the proven experience, resources, and professional expertise to deliver the requested document(s). A 10 committee comprised of City staff members will conduct evaluation of the proposals. The initial screening will be based on an objective review of the proposal received based on the criteria set forth in this RFP.
Proposals will be evaluated according to qualifications, experience, capabilities, references, resources, scope, schedule, cost, current workload, demonstrated competence in performing the work required, and actual or perceived conflicts of interest (not necessarily in that order). The proposal needs to fully respond to items listed in this RFP; needs to propose a team that is experienced and qualified to meet the requirements of this project based on relevant experience; and needs to demonstrate the ability and capacity to identify and plan specific tasks to complete the project in a professional manner on schedule and within budget. The City will select the consultant (or consultants) that best meet(s) the requirements put forth in the RFP. The following criteria will be considered in evaluation of proposals:
Evaluation Criteria Points
Demonstrated project understanding and scope of work and Consultant’s proposed methodology for the proposed work.
30 Firm qualifications and demonstrated past experience, performance, and ability of to deliver high quality work for relevant projects of similar complexity.
25 Team member qualifications and experience: adequate technical, financial, and staffing resources for completion of the scope of work within the proposed time schedule; demonstrated qualification of the project leader and assurance of his or her principal involvement in the project through completion.
30 References from previous clients. 10
Completeness of response, adherence to the requested format, and quality of submittal
5 PROPOSAL SUBMITTAL
Proposal shall consist only of electronic materials; pages must be numbered. Submittals must be sent to:
Jonathan Moore, Senior Planner
[email protected]
All submittals shall be received no later than December 6, 2024, at 4:00 pm. Proposals received after 4:00 pm on the due date will not be reviewed. Upon receipt, all material submitted in response to this request become the property of the City of Salinas and may be considered public information pursuant to applicable law.
11 INQUIRIES
There will be no pre-submittal meeting for this proposal. Any questions regarding this RFP may be emailed to Jonath Moore, Senior Planner at [email protected] by 4:00 pm on November 12, 2024. All submitted questions and responses will be sent to the invitation list and posted on the City’s website by November 19. No questions regarding this RFP will be answered over the phone. Proposers that contact City personnel or City Council members after the City releases the RFP shall be disqualified. All addenda shall become part of this RFP. A signed copy of any addendum shall be included in the proposal.
CITY PROCESS
City staff will review and evaluate the submitted proposals based on the stated evaluation criteria.
Staff will contact other agencies for feedback concerning previous work. It is expected that one or more firms will be invited for an interview, however it is the quality of the proposals received that will determine who will be invited to take part in an interview process. The City reserves the right to forgo the interview process and proceed directly to selection of the preferred firm (or firms) in the event that a proposal is deemed superior in content.
The City retains the right to select the qualified finalists. The staff recommendation will be based upon the criteria set forth above. The City anticipates entering into an agreement with the selected firm(s) based on a negotiated fee and a negotiated scope of work. If an agreement on the fee cannot be reached, the City reserves the right to end negotiations and enter into negotiations with the next highest ranked consultant. The City Manager will consider the staff recommendation and award the contract for the negotiated final scope of work pursuant to the Municipal Code, which may also include consideration by the City Council.
CONDITIONS AND RESPONSIBILITIES OF REQUEST
1. General Conditions. The City of Salinas reserves the right to (1) reject any or all responses, (2) postpone award of the contract for a period not to exceed sixty (60) days from the date replies are due, (3) waive informalities in the responses, and (4) take whatever action or make whatever decision it determines to be in the best interest of the City. All proposals will remain in effect and legally binding for at least sixty (60) days from the date of submission. A contract agreement shall not be binding or valid with the City unless and until it is executed by authorized representatives of the City and of the Consultant.
The City reserves the right to request additional information from any and all prospective firms as deemed necessary by the City in order to evaluate the proposals. This process may not be used, however, as an opportunity to submit missing documentation or to make substantive revisions to the original proposal.
12 Consultant may withdraw its proposal at any time prior to the date and the time which is set forth herein as the deadline for submittal of proposals.
2. Liability of Costs and Responsibility. Consultant agrees that the preparation of all materials and presentation for submittal to the City is at the Consultant’s sole cost and expense, and the City will not, under any circumstances, be responsible for any costs or expenses incurred by Consultant.
Consultant is responsible for making necessary investigations and examination of records. Failure to do so will not act to relieve any condition of the proposed agreement or the requirements set out in this RFP. It is mutually understood and agreed that the submission of a proposal shall be considered conclusive evidence that the Consultant has made such examinations and investigations. No request for modification of a proposal shall be considered after its submission on the grounds that the Consultant was not fully informed as to any fact or condition.
The Consultant shall be required to assume responsibility for all services offered in the proposal whether or not they possess them within their organization. The Consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.
3. Standard Agreement. A sample professional services agreement is attached for the proponent’s reference. It is the responsibility of the Consultant to be familiar with and accept the terms of this standard contract. In some instances, contract provisions can be modified after review and approval of the City during final contract negotiations. Overall, however, the provisions in this contract are those preferred by the City for the engagement of consulting services relating to this RFP. If any of the terms and conditions contained in the standard agreement are not agreeable, these should be identified specifically, otherwise it will be assumed that the Consultant is willing to enter into the agreement as it is written.
Failure to identify contractual issues can be a basis for City to disqualify a Consultant.
4. Insurance. Consultant shall, throughout the duration of the project, maintain comprehensive general liability and property insurance covering all operations of Consultant, its agents and employees, performed in connection with the project in the amounts and in the types of coverages shown in the sample professional services agreement.
5. Non-Discrimination/Non-Preferential Treatment. Consultant shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of City contracts.
6. Rights to Submitted Materials. All proposals and related correspondence, reports, charges, schedules, exhibits and other documentation submitted with the proposal will become the property of the City and a matter of public record. All documents submitted in response to this RFP will be subject to disclosure if requested by a member of the public.
There are a very limited number of narrow exceptions to these disclosure requirements.
Any information that a prospective consultant considers confidential, the disclosure of 13 which would be an unwarranted invasion of personal privacy, should be marked "CONFIDENTIAL; NOT PUBLIC RECORDS." During the selection process, the City will keep such information confidential and will not disclose it except as may be required under applicable law, including the California Public Records Act. This means that, depending on the nature or timing of the request, or future court decisions, that information may not remain private and may be publicly disclosed. Once the selection process is completed, the City will make reasonable efforts to return this information to the Consultant if not selected. Budgets and cost proposals submitted by proposers shall not be considered confidential or proprietary and may be subject to disclosure.
7. Prohibition of Gifts. City staff and officials are subject to several legal and policy limitations regarding receipt of gifts from persons, firms, or corporations either engaged in business with the Agency, or proposing to do business with the City. The offering of any illegal gift shall be grounds to disqualify a Consultant. To avoid even the appearance of impropriety, Proponents and Consultant should not offer any gifts or souvenirs, even of minimal value, to City officers or employees.
ATTACHMENTS
• City of Salinas Agreement for Professional Services Template
ANTICIPATED TIMELINE
Release of RFP: October 29, 2024
Questions due: November 12, 2024
Proposal Due: December 6, 2024
Rating and Ranking of Proposals: December, 2024
Interviews (if necessary): January, 2025
Contract Authorization by Council: February, 2025
Attachment: Agreement for Professional Services Template Form: Professional Services Agreement v. July 2024 Page 1 of 16 [Consultant Name]
[Agreement Month and Year]
AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF SALINAS AND
[CONSULTANT’S LEGAL NAME ]
Form: Professional Services Agreement v. July 2024 Page 2 of 16 [Consultant Name]
[Agreement Month and Year]
Contents
RECITALS ..................................................................................................................................... 4 TERMS ........................................................................................................................................... 4
1. Scope of Service. ................................................................................................................. 4
2. Term; Completion Schedule. ............................................................................................... 4
3. Compensation. ..................................................................................................................... 4
4. Billing. ................................................................................................................................. 4
5. Meet & Confer. .................................................................................................................... 5
6. Additional Copies................................................................................................................. 5
7. Responsibility of Consultant. ............................................................................................... 5
8. Responsibility of City. ......................................................................................................... 5
9. Acceptance of Work Not a Release. .................................................................................... 6
10. Indemnification and Hold Harmless. ................................................................................... 6
11. Insurance.............................................................................................................................. 6
12. Access to Records................................................................................................................ 6
13. Non-Assignability................................................................................................................ 6
14. Changes to Scope of Work. ................................................................................................. 6
15. Ownership of Documents. ................................................................................................... 7
16. Termination.......................................................................................................................... 7
17. Compliance with Laws, Rules, and Regulations. ................................................................ 8
18. Exhibits Incorporated. .......................................................................................................... 8
19. Independent Contractor. ....................................................................................................... 8
20. Integration and Entire Agreement. ....................................................................................... 8
21. Jurisdiction and Venue. ........................................................................................................ 8
22. Severability .......................................................................................................................... 8
23. Notices. ................................................................................................................................ 9
24. Nondiscrimination................................................................................................................ 9
25. Conflict of Interest. .............................................................................................................. 9
26. Headings. ........................................................................................................................... 10
27. Attorneys’ Fees .................................................................................................................. 10
28. Non-Exclusive Agreement. ................................................................................................ 10
29. Rights and Obligations Under Agreement. ........................................................................ 10
30. Licenses.............................................................................................................................. 10
31. Counterparts. ...................................................................................................................... 10
Form: Professional Services Agreement v. July 2024 Page 3 of 16 [Consultant Name]
[Agreement Month and Year]
32. Legal Representation. ........................................................................................................ 10
33. Joint Representation. .......................................................................................................... 10
34. Warranty of Authority........................................................................................................ 11
35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements .............................................................................................. 13 Exhibit B- Scope of Service .......................................................................................................... 16
Form: Professional Services Agreement v. July 2024 Page 4 of 16 [Consultant Name]
[Agreement Month and Year]
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND [LEGAL NAME]
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this ____ day of ______, 20_, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and [LEGAL NAME], a [California corporation/limited liability company/dba/etc.] (hereinafter “Consultant”).
RECITALS
WHEREAS, Consultant represents that he, she, or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, City and Consultant agree as follows:
TERMS
1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibit B, attached hereto and incorporated herein by reference.
2. Term; Completion Schedule. This Agreement shall commence on [XXX], and shall terminate on [XXX], unless extended in writing by either party upon (30) days written notice.
This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.
3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation of [or as set forth in Exhibit B]. The total amount of compensation to be paid under this Agreement shall not exceed [dollar amount)].
4. Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice.
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:
(A) A brief description of services performed;
(B) The date the services were performed;
(C) The number of hours spent and by whom;
Form: Professional Services Agreement v. July 2024 Page 5 of 16 [Consultant Name]
[Agreement Month and Year]
(D) A brief description of any costs incurred; and
(E) The Consultant’s signature.
Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.
5. Meet & Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.
6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.
7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.
8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City. (B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.
Form: Professional Services Agreement v. July 2024 Page 6 of 16 [Consultant Name]
[Agreement Month and Year]
(C) City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services.
City may unilaterally change its representative upon notice to the Consultant. (D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.
9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.
10. Indemnification and Hold Harmless.
Consultant shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder, including the performance of work of any of Consultant’s subcontractors or agents, or Consultant’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
11. Insurance. Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours.
Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.
13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.
14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon
Form: Professional Services Agreement v. July 2024 Page 7 of 16 [Consultant Name]
[Agreement Month and Year]
agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes.
Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.
15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:
(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense. (C) In the event that this Agreement is terminated by City for any reason, Consultant shall:
(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and
Form: Professional Services Agreement v. July 2024 Page 8 of 16 [Consultant Name]
[Agreement Month and Year]
(2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.
19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.
20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.
Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
Form: Professional Services Agreement v. July 2024 Page 9 of 16 [Consultant Name]
[Agreement Month and Year]
23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:
City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
With a copy to:
City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:
[Notice Contact Information for Consultant including Title, Address, Email, and Phone # (in same format as (A) above)]
(C) The execution of any such notices by the City Manager shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice. (D) All such notices shall either be delivered personally to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.
24. Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.
25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the
Form: Professional Services Agreement v. July 2024 Page 10 of 16 [Consultant Name]
[Agreement Month and Year]
event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.
26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.
28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.
29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.
Form: Professional Services Agreement v. July 2024 Page 11 of 16 [Consultant Name]
[Agreement Month and Year]
34. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.
35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.
Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.
CITY OF SALINAS
____________________________
René Mendez, City Manager
APPROVED AS TO FORM:
_________________________
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney
CONSULTANT
___________________________________
By (Printed Name): ___________________
Its (Title): ___________________________
Form: Professional Services Agreement v. July 2024 Page 12 of 16 [Consultant Name]
[Agreement Month and Year]
Form: Professional Services Agreement v. July 2024 Page 13 of 16 [Consultant Name]
[Agreement Month and Year]
Exhibit A- Insurance Requirements
Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A)Commercial General Liability (“CGL”): Insurance Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consultant has no owned autos, hired and non-owned, with limits no less than $1,000,000 per accident for bodily injury and property damage.
(C)Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D)Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Form: Professional Services Agreement v. July 2024 Page 14 of 16 [Consultant Name]
[Agreement Month and Year]
Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administrations, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
Form: Professional Services Agreement v. July 2024 Page 15 of 16 [Consultant Name]
[Agreement Month and Year]
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.
Form: Professional Services Agreement v. July 2024 Page 16 of 16 [Consultant Name]
[Agreement Month and Year]
Exhibit B- Scope of Service
[Scope of Service; Compensation]
Proposal for Services | December 6, 2024
Comprehensive Zoning
Code Update
for the City of Salinas
Comprehensive Zoning
Code Update
for the City of Salinas
Proposal for Services | December 6, 2024
ORANGE COUNTY • BAY AREA • SACRAMENTO • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE www.PlaceWorks.com
Prepared by: PlaceWorks
2040 Bancroft Way, Suite 400
Berkeley, California 94704
t 510.848.3815
2040 Bancroft Way, Suite 400 | Berkeley, California 94707 | 510.848.3815 | PlaceWorks.com December 6, 2024
Jonathan Moore, Senior Planner
City of Salinas
200 Lincoln Ave
Salinas, CA 93901
Subject: Salinas Comprehensive Zoning Code Update
Dear Jon:
Please accept the attached submittal as PlaceWorks’ proposal to prepare the Comprehensive Zoning Code Update for the City of Salinas.
It should be no secret by now that we really enjoy working with you and colleagues at the City, and we hope that starting up another project with you is something you will also look forward to.
In this case, we are especially excited because we think that the work we’re doing and have recently completed for Salinas is the platform upon which to build an updated, modern, and user- and staff-friendly zoning code. Specifically, we believe the Place Types catalog we developed together will translate seamlessly into a compendium of form-based and hybrid zoning typologies and effective and easily understandable standards for development and permitted land uses.
Please do not hesitate to contact me if you need more information. The PlaceWorks team looks forward to working with you on this interesting and challenging project.
We look forward to your response.
Respectfully submitted,
PLACEWORKS
Charlie Knox
Principal
510.848.3815 ext. 3310
DECEMBER 6, 2024 | PAGE 2
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Proposal for Services • PLACEWORKS i
TABLE OF CONTENTS
1. PROJECT TEAM 1
PlaceWorks ..................................................................................................................................................... 1
2. FIRM EXPERIENCE AND QUALIFICATIONS 5
3. SCOPE OF WORK 11
4. BUDGET ESTIMATE 21
Assumptions..................................................................................................................................................21 Hourly Fee Schedule .....................................................................................................................................23 Sample Billing Invoice....................................................................................................................................23
5. PROJECT SCHEDULE 29
Schedule........................................................................................................................................................29
6. GENERAL CONTRACT REQUIREMENTS 31
Insurance.......................................................................................................................................................31 Contract ........................................................................................................................................................31 Appendix A: Resumes
Table of Contents
ii CITY OF SALINAS • Comprehensive Zoning Code Update
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Proposal for Services • PLACEWORKS 1
1. PROJECT TEAM
PlaceWorks has assembled a highly qualified team to complete the Salinas Comprehensive Zoning Code Update. This chapter describes the key personnel that will be assigned to the project.
Resumes for the key staff identified are included in the appendix at the end of this proposal. Additional materials are available upon request. The organization of the team is shown graphically in Figure 1.
PlaceWorks
PlaceWorks is a 100 percent employee-owned planning, design, and environmental consulting firm. The firm serves both public- and private-sector clients in the fields of comprehensive planning, urban design, landscape architecture, environmental analysis and sciences, and geographic information systems (GIS).
Founded in 1975, PlaceWorks now employees a staff of approximately 140 people in six offices.
PlaceWorks is all about places and how they work geographically, environmentally, functionally, aesthetically, and culturally. We are also passionate about how we work with our clients. PlaceWorks brings together people from diverse practice areas, offering best-of-all-worlds capability and connectivity.
Just as each place we work is distinctly different, so is our thinking.
Key Staff
Charlie Knox, Principal, Principal-in-Charge
Charlie will serve as Principal-in-Charge and will ensure that all products are produced ontime, on-budget, and meet the highest standards of quality. Additionally, he will be available to facilitate public workshops and critical meetings throughout the process.
Charlie has more than 30 years of experience in public and private sector planning and has a thorough understanding of how to manage and coordinate staff and stakeholder efforts to best serve municipal staff, local citizens, city councils, and communities.
Charlie‘s expertise includes shepherding high-profile projects through the entitlement process, including mixed-use developments and municipal energy-conservation projects. He specializes in long-range plans and zoning but also works on local and regional transportation and transit initiatives to help shorten commutes, reduce single-occupant vehicle travel, support Transit-Oriented Development, establish local Transportation Demand Management programs, and reduce Vehicle-Miles Traveled to meet City, regional, and State objectives. Charlie is currently serving as an advisor on the Salinas East Area Specific Plan.
Project Team
2 CITY OF SALINAS • Comprehensive Zoning Code Update
Figure 1 Organizational Chart
Amy Sinsheimer, AICP, Senior Associate, Project Manager Amy will serve as the Project Manager and will be responsible for the day-to-day management of the project, as well as for maintaining regular contact with City staff, facilitating workshops, and attending all project meetings. Amy has over 20 years of experience managing and preparing long-range planning and policy documents, with a specialty in housing. She has significant experience in public outreach for complex projects involving multiple agencies, stakeholders, and team members. Amy recently led the comprehensive zoning code update for Tuolumne County, is currently leading the comprehensive update for City of Pittsburg, and has also completed targeted zoning updates for Soledad and other central coast cities in recent years. She also has other comprehensive zoning code experience, including hybrid and form-base codes along with experience managing General Plan updates.
Project Team
Proposal for Services • PLACEWORKS 3
Alan Loomis, AICP, Principal, Senior Advisor
Alan will serve as an advisor on the project and provide form-based code expertise.
Alan is an award-winning urban designer, planner, and educator. As Principal of Urban Design in PlaceWorks’ downtown Los Angeles office, Alan is responsible for leading our regional urban design practice while playing a role in projects throughout California. A 15-year veteran of City Hall, Alan has directed a wide range of urban design-based policy projects leading multidisciplinary teams through an equally wide range of public outreach programs. As City Urban Designer for Santa Monica, California, Alan was the City’s lead for Promenade 3.0, a comprehensive redesign proposal of the iconic Third Street Promenade.
Before Santa Monica, Alan led the urban design program for the City of Glendale for 12 years. Starting in 2005 as the City’s first on-staff urban designer, and later as deputy director of the Community Development Department, he built an award-winning planning team that managed design review, historic preservation, citywide planning, and mobility programs. From 2014 to 2020, he also served on the Pasadena Design Commission.
Erika Lindstrom, AICP, Associate, Assistant Project Manager Erika will serve as Assistant Project Manager on the project. Erika brings a wide variety of skills through her education and nearly a decade of professional planning and housing experience in both the public and private sectors. Her passion for planning is driven by her desire to envision and create unique, enjoyable, and healthy places for all, especially community members who have historically been excluded. At PlaceWorks, Erika works on a wide range of comprehensive planning projects. She is currently working on Zoning Code updates for the City of Pittsburg, Contra Costa County, and recently completed targeted zoning updates for the City of Cupertino. Other projects include the Salinas East Area Specific Plan, General Plan updates for the Cities of Modesto and Salinas, Sacramento County’s Infill Program update, and outreach campaigns.
Cynthia Walsh, Senior Associate, Senior Advisor
Cynthia will serve as an advisor on the project and provide housing expertise. Cynthia has over a decade of experience working on long-range planning documents, specializing in policy writing for Housing Element updates, Housing Element annual reports, zoning codes, General Plans, analyses of impediments to fair housing choice documents, consolidated plans, and action plans. She is experienced with State and federal grant programs, and she is an expert in federal (Davis-Bacon) and state labor standards compliance. Cynthia has significant experience in the preparation of analysis of impediments to fair housing choice documents, ensuring they are consistent with the guidelines and requirements outlined in HUD’s Fair Housing Planning Guide. She has also prepared over 30 Housing Elements over the past three Housing Element cycles for cities and counties throughout California.
Project Team
4 CITY OF SALINAS • Comprehensive Zoning Code Update
Greg Goodfellow, Senior Associate
Greg is a valuable analytical and outreach asset on any team. He has worked in both the public and private sectors and draws on over a decade of planning experience to tackle problems in an innovative and efficient manner. Greg has built a foundation of comprehensive planning work into expertise in equitable housing and transportation policy. His recent work on objective design standards, regional growth strategies, urban rezonings, and technical assistance for local jurisdictions has helped guide PlaceWorks’ services related to evolving housing and transportation law in California. Greg has become an effective leader by managing projects at the intersection of State law, regional strategy, county management, and local policy. He has managed numerous outreach-based plans for equitable transportation and facilitated all forms of multilingual, digital, and traditional outreach.
Alexis Mena, LEED AP, Associate Principal, CEQA Lead
Alexis will serve as the California Environmental Quality Act (CEQA) lead on the project. A member of the PlaceWorks team since 2008, Alexis brings valuable experience in both the public and private sectors. As a project manager, she is organized and detail-oriented, works collaboratively with her clients, thinks strategically, and maintains a flexible and responsive work process. She is highly committed to providing high-quality graphic and written products on schedule and on budget. Alexis’ work at PlaceWorks has focused on environmental review and planning for a range of land use, smart growth, transportation, and sustainability projects. Alexis is currently serving as the Principal in Charge for the Visión Salinas 2040 General Plan EIR for the City of Salinas and the General Plan Reset EIR for the City of San Carlos. She recently served as the Project Manager for the UC San Francisco College of Law LRCP Update and Golden Gate Avenue Project EIR and UC Berkeley 2021 Long Range Campus Plan Update EIR. Since joining PlaceWorks in 2008, Alexis has managed the General Plan Update Environmental Impact Reports (EIRs) for the City of San Mateo, City of Palo Alto, City of Capitola, City of San Leandro, and City of Vallejo.
Raul Tovar Gonzalez, Project Planner
Raul is a motivated planner who aims to promote the development of healthy, livable, and sustainable communities. Through his work, he hopes to support the goals and visions of the communities in which he works. At PlaceWorks, Raul enjoys working on a variety of comprehensive planning and transportation planning projects - in both the public and private sectors. He is highly resourceful and brings versatile skill sets to his projects, including strong research, project management, analytic, and graphics skills.
Proposal for Services • PLACEWORKS 5
2. FIRM EXPERIENCE AND
QUALIFICATIONS
This chapter describes examples of PlaceWorks projects similar in scope to the Salinas Comprehensive Zoning Code Update. In addition to our experience conducting zoning code updates for a variety of local jurisdictions across California, PlaceWorks has a strong working knowledge and familiarity with the City of Salinas. PlaceWorks is currently preparing an EIR and Climate Action Plan for the City’s General Plan update. Additionally, PlaceWorks recently conducted CEQA review for the City’s 2023-2031 Housing Element.
Relevant Projects
TITLE 17 ZONING CODE COMPREHENSIVE UPDATE AND ACCESSORY
DWELLING UNIT ORDINANCE (TUOLUMNE COUNTY, CA)
Following adoption of the Tuolumne County General Plan in 2019, PlaceWorks assisted the County with a comprehensive update of the Zoning Code. The Zoning Code Update focused on changes needed to implement the land use policy direction from the General Plan, including focusing growth and development into established communities, streamlining housing development, and promoting economic development in the county. The update also responded to new State law requirements, including recent legislation regarding housing production, accessory dwelling units, and other new residential requirements. Through the Zoning Code Update, PlaceWorks modernized the code and improved its user-friendliness and established a more logical and streamlined development review process. PlaceWorks worked closely with multiple committees, the Planning Commission, and Board of Supervisors to
ensure the process aligned with County and
Board priorities.
• Title 17 Zoning Code Update
Reference
Quincy Yaley, Community
Development Department Director,
County of Tuolumne | 209.553.5961 |
[email protected]
Dates of Work
March 2020-April 2024
Firm Experience and Qualifications
6 CITY OF SALINAS • Comprehensive Zoning Code Update
PITTSBURG ZONING AND PLACEMAKING (PITTSBURG, CA)
PlaceWorks planning and design staff have been collaborating on a series of code updates and urban design efforts to enhance the built environment from block to citywide scales. Attention to the importance of form on the key area of Bliss Avenue anticipated to transform the area around the Pittsburg e-BART station, plus the precise-plan level effort for transforming Century Plaza, has helped inform the comprehensive zoning code update now underway. At all of these levels, the focus on translating community values into feasible development standards that lead to improved sense of place has been paramount.
Reference
John Funderburg, Assistant
Community Development Director,
City of Pittsburg | 925.252.4043 |
[email protected]
Dates of Work
December 2023-Ongoing
Firm Experience and Qualifications
Proposal for Services • PLACEWORKS 7
CONNECT MENLO GENERAL PLAN AND ZONING UPDATE (MENLO PARK, CA)
PlaceWorks led an update of the Land Use and Circulation Elements and drafting of new zoning regulations for the historically industrial M-2 area that has been rapidly transitioning with development of the Facebook headquarters and R&D uses. The Zoning Ordinance update included new office, life sciences, and residential mixed-use districts intended to encourage investment in a live/work/play environment that fosters sustainability and active transportation. The project included provision of community benefits, especially for the Belle
Haven neighborhood between US Highway 101
and the San Francisco Bay, with incentives to
promote high-quality design for new
development. The innovative suite of
community outreach included double-decker
bus tours, a mobile app, interactive online
surveys, educational symposia, General Plan
Advisory Committee, and focus groups, with a
total of 65 public meetings. The zoning update
also included market feasibility analysis to
support development incentives and
regulations.
• ConnectMenlo Final Products (see “Approved Documents”) SOLEDAD SB 2 ZONING ORDINANCE UPDATE (SOLEDAD, CA)
The PlaceWorks Housing Team, directed by Jennifer Gastelum and managed by Amy Sinsheimer, assisted the City of Soledad with implementing their 2020-2028 Housing Element, by updating their zoning ordinance and creating an Accessory Dwelling Unit (ADU) handbook. The work was funded by a Senate Bill 2 Planning Grant. The team’s work on the update included updating the zoning code in a variety of areas to be consistent with State housing legislation. The team facilitated the adoption of the zoning amendments through the city’s public hearing process and prepared the applicable CEQA analysis pertaining to the required amendments. • City of Soledad Accessory Dwelling Unit Handbook (English) • City of Soledad Accessory Dwelling Unit Handbook (Spanish) • City of Soledad Zoning Amendments Ordinances
Reference
Deanna Chow, Principal Planner, City
of Menlo Park | 650.330.6733 |
[email protected]
Dates of Work
June 2014-December 2016
Reference
Kao Nou Yang, Community and
Economic Development Director, City
of Soledad | 831.223.5179 |
[email protected]
Dates of Work
February 2020-August 2023
Firm Experience and Qualifications
8 CITY OF SALINAS • Comprehensive Zoning Code Update
GENERAL PLAN AND ZONING UPDATE TO IMPLEMENT THE 6TH CYCLE
HOUSING ELEMENT (CUPERTINO, CA)
PlaceWorks completed map and text amendments to the Cupertino Zoning Ordinance necessary to implement the City’s recently adopted 2023-2031 Housing Element. Key elements of the Zoning Ordinance update included a significant increase of allowable housing densities and incentives for the production of affordable housing through streamlined processes and regulatory standards that will lead to successful projects. As part of the project, the PlaceWorks team led a series of in-person and online focus group and public events and presentations to the Planning Commission and City Council to prepare the community for the changes in the built environment that will be necessary to meet the Regional Housing Needs Allocation and effectuate positive change in the form of higherdensity housing at all income levels. PlaceWorks is also updating the City’s Health and Safety and Mobility Elements and developing objective design standards (ODS) for multifamily and mixed-use development. • Cupertino Housing Element Rezoning
INFILL PROGRAM AND OBJECTIVE DESIGN STANDARDS (SACRAMENTO
COUNTY, CA)
PlaceWorks assisted the
County in updating its
existing Infill Program to
further encourage infill
development and increase
and accelerate the
production of housing,
especially affordable
housing throughout the unincorporated county. As part of this work, PlaceWorks inventoried and prioritized potential areas for infill, analyzed development standards and regulatory impediments to development, and developed a toolkit of
incentives and strategies to maximize infill opportunities.
Findings and final recommendations for the Infill Program Update were informed by community and stakeholder
outreach, including with County departments, partner agencies, and advocates. PlaceWorks was also asked to assist the County by updating its mixed-use development objective design standards as an initial implementation measure of the Infill Program Update.
• Sacramento County Infill Program Update
Reference
Piu Ghosh, Principal Planner, City of
Cupertino | 408.777.3277 |
[email protected]
Dates of Work
March 2023-Ongoing
Reference
Joelle Inman, Principal Planner,
Sacramento County | 916.874.6141 |
[email protected]
Dates of Work
September 2022-August 2024
Firm Experience and Qualifications
Proposal for Services • PLACEWORKS 9
WILDOMAR GENERAL PLAN ZONING CONSISTENCY PROGRAM
(WILDOMAR, CA)
PlaceWorks prepared a comprehensive development code update to match the new General Plan for the city. As one of the newest cities in California, Wildomar adopted the Riverside County zoning code at the time of incorporation. With the update of the General Plan, the City took the opportunity to create a bespoke development code that reflected the needs and vision of the city. The development code simplified the allowable uses, streamlined review and approval procedures, and referenced objective design standards previously adopted separately by the City.
PlaceWorks prepared the development code edits in concert and coordination with the General Plan update, and both the General Plan and the development code will be adopted at the same council hearing in December 2024.
• Wildomar Development Code Public Hearing Draft
Reference
Matthew C. Bassi, Planning Director,
City of Wildomar | 951.677.7751 ext.
213 | [email protected]
Dates of Work
November 2023-December 2024
Firm Experience and Qualifications
10 CITY OF SALINAS • Comprehensive Zoning Code Update
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Proposal for Services • PLACEWORKS 11
3. SCOPE OF WORK
This chapter describes the scope of services to be completed by the PlaceWorks team for the Salinas Comprehensive Zoning Code Update. To facilitate your review of this proposal, we have prepared a concise scope that emphasizes key components of our approach to this project.
We are flexible regarding the proposed scope of work and will work with you to prepare a more detailed scope when we enter into a contract. We also recognize that it may be necessary to alter the scope as the project progresses and would be happy to work with you to ensure the successful completion of the project.
A summary of the work program is presented in Table 1.
Table 1 Work Program Summary
Task 1: Project Kick-off, Coordination, and Management
1.1 Ongoing Project Management
1.2 Project Kick-off Meeting
1.3 Coordination and Meetings with City Staff
1.4 Background Data and Best Practice Research
Task 2: Public Engagement
2.1 Public Engagement Plan
2.2 Public Engagement Materials and Facilitation
2.3 Public Engagement Summary
Task 3: Preparation of Bridge Zoning Code Amendments
3.1 Draft Bridge/Interim Zoning Code Amendments 3.2 Final Bridge/Interim Zoning Code Amendments Task 4: Complete Zoning Code Update
4.1 Administrative Draft Zoning Code Amendments
4.2 Public Review Draft Zoning Code Amendments
4.3 Revised Draft Zoning Code Amendments
4.4 Final Zoning Code Amendments
Task 5: Zoning Map Amendments
5.1 Inconsistent Parcel Identification
5.2 Draft and Final Bridge/Interim Zoning Map Amendments
5.3 Complete Zoning Map Amendments and Revisions
Task 6: ZCU Approval Processing and Environmental Review
6.1 Planning Commission and City Council Materials
6.2 Planning Commission and City Council Attendance
6.3 Environmental Review
6.4 Notice of Determination
Task 1. Project Kick-off, Coordination, and Management
This task will kick off the project and provide management to ensure the project stays on schedule and on budget.
1.1 Ongoing Project Management
PlaceWorks will conduct ongoing project management, including internal coordination, review of project budget, and preparation of monthly invoices and progress reports. Our project management team includes Charlie Knox, Principal, as Principal-in-Charge; Amy Sinsheimer, Senior Associate, as Project Manager; and Scope of Work
12 CITY OF SALINAS • Comprehensive Zoning Code Update
Erika Lindstrom, Associate, as Assistant Project Manager. Amy will serve as the day-to-day contact for overall project management and will oversee coordination of the regular project meetings, budget, and schedule.
1.2 Project Kick-off Meeting
PlaceWorks will meet with City staff to initiate the project via a virtual kick-off meeting. We will review the scope and schedule with a focus on the intersection of outreach events and project milestones. We will review the project goals, work plan, and schedule as well as roles, communication protocols, data needs, concerns/issues, and the status of current and planned efforts that are relevant to the project. This meeting will establish project management procedures, including invoicing terms and communication protocols, and data collection approach. In advance of this meeting, the PlaceWorks team will prepare a data request document and detailed work program, including a schedule/timeline for the completion of each task, for review by the project team at the meeting. After the kick-off meeting, PlaceWorks will refine the project scope of work and schedule as needed to reflect desired project goals.
1.3 Coordination and Meetings with City Staff
The PlaceWorks project management team will participate in bi-weekly virtual status update meetings with City staff to ensure that the project remains on task and budget. Additional PlaceWorks staff will attend meetings as needed. It is assumed that the bi-weekly status meetings will be conducted virtually (e.g., Zoom, Teams, phone) and will average one hour each. PlaceWorks will prepare and share a meeting agenda prior to each meeting. PlaceWorks will also participate in periodic phone calls with the City’s Project Manager (upon the initiation of either party) on an as-needed basis to address any issues that arise between project team meetings.
1.4 Background Data and Best Practice Research
PlaceWorks will review and assess the current Zoning Code against the proposed General Plan (Visión Salinas 2040), the adopted 2023-2031 Housing Element, and applicable State laws. We will also review staffidentified Zoning Code concerns or issues that should be addressed as part of the comprehensive update.
Following the assessment of background data, PlaceWorks will conduct a review of best practices to help guide subsequent Zoning Code update tasks.
Deliverables:
» Detailed work program (schedule and timeline)
» Detailed budget tracking document
» Agendas for kickoff meeting and for bi-weekly check-in calls » Monthly invoices and progress reports
Task 2. Public Engagement
Community involvement will be a key component of the Zoning Code Update. We will work with City staff to develop a public engagement approach that will be culturally appropriate for the Salinas community and mindful of engagement done to date by the General Plan Update team.
Scope of Work
Proposal for Services • PLACEWORKS 13
2.1 Public Engagement Plan
As an initial phase of this task, PlaceWorks will use input from the kick-off meeting to develop a Public Engagement Plan for the project. The Public Engagement Plan will provide goals, methods of engagement, and an anticipated schedule for outreach components. Preliminary recommendations for engagement efforts include the following:
» Two in-person pop-ups at community events
» Two in-person and one virtual community workshops or open house events » Five stakeholder group meetings
» Coordination with relevant County, State, and local responsible agencies » Property owner notification
» Two study sessions with Planning Commission (see Task 6) » One study session with City Council (see Task 6)
Each of these components is described in more detail in the following subtasks and may be refined or revised following the kick-off meeting.
2.2 Public Engagement Materials and Facilitation
The public engagement effort is anticipated to include the following:
Pop-ups
PlaceWorks will provide materials and facilitate two in-person pop-ups at community events. The purpose of these events is to educate residents in a more informal setting and encourage community participation in locations where community members are already gathering. Each pop-up will be structured to allow people to stop by while attending the main event. PlaceWorks will work with County staff to determine which community events would be best for outreach and attract as many segments of the community as possible. Pop ups could occur at local branch libraries, community centers, or the following event types:
» Community Farmers’ Markets
» Arts and Crafts Fairs
» Holiday Events (e.g., tree lighting)
» Faith-based community events
» Parent Teacher Association (PTA) Meetings
» Youth sports events
PlaceWorks will provide draft and final materials for County staff review, including, but not limited to, a project flyer and factsheet, 24” x 36” activity board, and QR code to advertise upcoming events.
PlaceWorks will also develop outreach materials, including, but not limited to, postcards or mailers, flyers suitable for posting, e-blasts to City subscribers, and social media postings. All materials will be prepared in English and Spanish. PlaceWorks will provide staffing by one bilingual PlaceWorks staff for each pop-up. We assume that additional staffing and interpretation will be provided by City staff.
Community Meetings
One virtual and two in-person community meetings in the form of an open house or workshop will be held at key points of the planning process to introduce the project and receive community feedback on zoning concerns as well as feedback on the Public Review Draft Zoning Code and Map Amendments. For each Scope of Work
14 CITY OF SALINAS • Comprehensive Zoning Code Update
community meeting, PlaceWorks will prepare draft and final materials, including a meeting agenda, sign-in sheet, presentation, open house boards and/or workshop activity, comment cards, and handouts as needed. PlaceWorks will also develop outreach materials, including, but not limited to, postcards or mailers, flyers suitable for posting, e-blasts to City subscribers, and social media postings. All materials will be prepared in English and Spanish. We assume up to three PlaceWorks staff, including one bilingual staff member, for each community meeting with additional staffing and interpretation provided by City staff.
Stakeholder Meetings
PlaceWorks will work with City staff to identify appropriate stakeholders, such as developers, real estate brokers, and property owners, to participate in the Zoning Code Update process. We propose up to five small-group meetings with invited participants to discuss existing constraints and potential opportunities.
PlaceWorks will facilitate the stakeholder meetings and will provide support through the preparation of emailed invitation language, meeting agendas, and discussion questions for City review. It is anticipated that at least one stakeholder meeting will be conducted in person with the remaining stakeholder meetings held virtually. We assume that the City will be responsible for inviting stakeholders to the meetings.
Coordination with Relevant County, State, and Local Responsible Agencies PlaceWorks will facilitate up to eight virtual meetings with relevant agencies. Meetings with agencies will be scheduled in coordination with City staff and will occur on an as-needed basis. Prior to each meeting, PlaceWorks will work with City staff to draft an agenda and meeting materials, determine the most appropriate meeting format, and identify necessary participants. We assume that City staff will be responsible for identifying and inviting key agency staff members to the meetings. Agency/department coordination meetings would be in addition to regular bi-weekly meetings with the project team.
Property Owner Notification
PlaceWorks will draft notification language for property owners in areas subject to zoning district changes.
We assume that City staff will be responsible for printing and distributing notices to property owners.
2.3 Public Engagement Summary
PlaceWorks will prepare an engagement summary that outlines all engagement efforts throughout the project. The summary will also document key themes and issues that we heard from the community, identify how the project responded to community input, and include raw data from outreach events.
Deliverables:
» Draft and Final Public Engagement Plan
» Preparation of materials in English and Spanish for workshops and other engagement, and presenting at identified meetings, including as detailed above under each type of event or outreach activity
» Engagement summary
Task 3. Preparation of Bridge Zoning Code Amendments
Within six months of General Plan adoption, the City will adopt Zoning Code updates that will bring the General Plan Place Types and the Zoning Code into alignment. PlaceWorks is well suited to accomplish this Scope of Work
Proposal for Services • PLACEWORKS 15
task given that we are assisting City staff with the General Plan Update and previously worked with the City on the shift from land use designations to Place Types. Bridge/Interim Zoning Map Amendments will occur concurrently and are scoped for under Tasks 5.1 and 5.2.
3.1 Draft Bridge/Interim Zoning Code Amendments
PlaceWorks will prepare Draft Bridge/Interim Zoning Code Amendments for internal review and comment by City staff. The draft interim amendments are anticipated to include, but are not limited to, the following:
» Updating density and height standards in existing zoning districts to align with adopted General Plan Place Types.
» Establishing more flexible non-conforming use and structure regulations. » Implementation of Program 6 of the 2023-2031 Housing Element, including:
o Establishing and/or updating development standards and processes to facilitate maximum densities, encourage small lot consolidation, and remove constraints to housing development (e.g., garage and covered parking requirements). o Removing subjective required entitlement findings (e.g., Salinas Municipal Code Section 37-
60.520(b)) for housing projects and mixed-use development with a housing component o Establishing streamlined approval processes for applicable housing projects (e.g., supportive housing, low-barrier navigation centers) that are permitted as a by-right use in appropriate zoning districts.
Before preparing the Administrative Review Draft Bridge/Interim Zoning Code Amendments, PlaceWorks will consult with City staff to determine the appropriate file format(s) and preferred tracking procedures to ensure ease of internal use and review. It is assumed that the City will provide a single, consolidated set of comments following the review.
3.2 Final Bridge/Interim Zoning Code Amendments
Following receipt of consolidated City staff comments, PlaceWorks will prepare Final Bridge/Interim Zoning Code Amendments to be presented to the Planning Commission and City Council (see Task 6) for adoption.
PlaceWorks will prepare the Final Bridge/Interim Zoning Code Amendments with all revisions in PDF or other preferred format. We assume that the City will be responsible for updating the Zoning Code website (e.g., Municode).
Deliverables:
» Draft Bridge/Interim Zoning Code Amendments
» Final Bridge/Interim Zoning Code Amendments
Task 4. Complete Zoning Code Update
The main task of this effort is the comprehensive update of the 2006 Zoning Code. Based on review of background information and direction from City staff, PlaceWorks will prepare Zoning Code Amendments as identified in the sub-tasks below. Zoning Map Amendments will occur concurrently and are scoped for under Task 5.3.
Scope of Work
16 CITY OF SALINAS • Comprehensive Zoning Code Update
4.1 Administrative Review Draft Zoning Code Amendments
PlaceWorks will prepare the Administrative Review Draft Zoning Code Amendments for internal review and comment by City staff. The Administrative Draft will demonstrate consistency with Visión Salinas 2040, the 2023-2031 Housing Element, and applicable State laws; and will incorporate best practice findings from Task
1.4 and proposed objective design standards (ODS); and will be informed by community, stakeholder, and agency feedback (Task 2.2). Prior to submittal, proposed updates will be stress-tested with City staff, agencies, and/or stakeholders using realistic mock development applications for known potential sites.
Updates to the City’s zoning standards and regulations are anticipated to include, but are not limited to:
» Reorganizing and reformatting Chapter 37 as needed to ensure that the Zoning Code is userfriendly for the public and staff. » Appropriately aligning zoning districts with the newly established General Plan Place Types (also see Task 3).
» Establishing additional mixed-use districts and development standards that emphasize form and placemaking over use in the appropriate Place Types (e.g., Mixed Use, City Center). » Encouraging Transit-Oriented Development (TOD) near major corridors and destinations through applicable zoning designations and development standards. » Increasing flexibility in the Zoning Code to accommodate innovative economic development activity.
» Thoughtfully addressing nonconforming uses and structures that do not align with the new General Plan Place Types.
Before preparing the Administrative Review Draft, PlaceWorks will consult with City staff to determine the appropriate file format(s) and preferred tracking procedures to ensure ease of internal use and review. It is assumed that the City will provide a single, consolidated set of comments following the review.
4.2 Public Review Draft Zoning Code Amendments
Following receipt of consolidated City staff comments, PlaceWorks will prepare a Public Review Draft Zoning Code that is suitable to be published on the City’s website and presented to the Planning Commission and City Council (see Task 6).
4.3 Revised Draft Zoning Code Amendments
PlaceWorks will provide the Revised Draft Zoning Code Amendments to City staff for consideration for adoption. The Revised Draft Zoning Code Amendments will address any typos or errors and will incorporate a summary of edits and responses to comments on the Public Draft from staff, Planning Commission, City Council, and the public.
4.4 Final Zoning Code Amendments
Following Planning Commission and City Council adoption hearings (see Task 6), PlaceWorks will prepare the Final Zoning Code with all revisions in PDF or other preferred format. We assume that the City will be responsible for updating the Zoning Code website (e.g., Municode).
Scope of Work
Proposal for Services • PLACEWORKS 17
Deliverables:
» Administrative Review Draft Zoning Code Amendments
» Public Review Draft Zoning Code Amendments
» Revised Draft Zoning Code Amendments
» Final Zoning Code Amendments
Task 5. Zoning Map Amendments
This task will involve specific work from the PlaceWorks’ GIS team to support Tasks 3 and 4.
5.1 Inconsistent Parcel Identification
PlaceWorks’ GIS team will develop an internal webmap tool to overlay and compare General Plan Place Types with existing zoning designations at the parcel level. Using the webmap, PlaceWorks will work with City staff to identify inconsistent parcels to be updated through the subsequent Zoning Map Amendments (Task 3). Our time and budget estimates for the parcel ID task cover analysis of up to 300 inconsistent parcels. If more inconsistent parcels are discovered that require analysis, we will present options to City staff for shifting funds among tasks, as opposed to requesting a budget augment.
5.2 Draft and Final Bridge/Interim Zoning Map Amendments Based on the findings of sub-task 5.1, PlaceWorks’ GIS team will prepare draft and final maps to align existing zoning districts with the closest adopted General Plan Place Type(s) and to accompany Zoning Code text updates (Task 3). The Draft Bridge/Interim Zoning Map Amendments will be made available for internal review and comment by City staff in ArcGIS, PDF, or other City-preferred editable format. Final Bridge/Interim Zoning Map Amendments will incorporate City staff review comments and will address any map typos or errors. Before preparing the map updates, PlaceWorks will consult with City staff to determine the appropriate file format(s). This sub-task will be completed within six months of General Plan adoption.
5.3 Complete Zoning Map Amendments and Revisions
PlaceWorks’ GIS team will prepare Zoning Map Amendments and revisions to accompany each version of the Zoning Code text updates (Task 4).
Deliverables:
» Internal GIS Webmap for use by PlaceWorks and City staff » Draft Bridge/Interim Zoning Map Amendments
» Final Bridge/Interim Zoning Map Amendments
» Administrative Review Draft Zoning Map Amendments
» Public Review Draft Zoning Map Amendments
» Revised Draft Zoning Map Amendments
» Final Zoning Map Amendments with all revisions, in ArcGIS, PDF, or other City-preferred editable format
Scope of Work
18 CITY OF SALINAS • Comprehensive Zoning Code Update
Task 6. ZCU Approval Processing and Environmental Review
6.1 Planning Commission and City Council Materials
PlaceWorks will support City staff with packaging and processing the Bridge/Interim and Complete Zoning Code and Map Amendments. PlaceWorks will prepare necessary materials for the Planning Commission and City Council, including draft hearing notices, draft staff reports, resolutions, ordinances, presentations, and attachments as needed.
6.2 Planning Commission and City Council Attendance
The PlaceWorks team will attend up to three in-person study sessions and/or public hearings each with the Planning Commission and City Council. Additional study sessions or hearings may be added to the scope and reflected in any necessary budget augments at the request of City staff. This scope of work assumes that meetings with approval bodies will correspond with project milestones, such as adoption of the Bridge/Interim Updates, informational study session(s) for the Complete Zoning Code Update Administrative Draft or Public Review Draft, and adoption of the Final Zoning Code and Map Amendments. This scope of work does not include the attendance of any CEQA team members at any public hearings.
6.3 Environmental Review
PlaceWorks will prepare an addendum to the Visión Salinas 2040 General Plan EIR, herein referred to as the “General Plan EIR,” to evaluate the Zoning Code update. This proposed approach to prepare an addendum to the certified General Plan EIR is based on the presumption that the proposed Zoning Code update will be within the scope of and consistent with the Place Types to be adopted as part of the Visión Salinas 2040 General Plan and would therefore not create any new or worsened impacts than those identified in the General Plan EIR. PlaceWorks recommends an addendum, rather than a tiered mitigated negative declaration, because an addendum is a more legally defensible CEQA document.
Initiate CEQA Process
PlaceWorks’ CEQA Lead, Alexis Mena, and CEQA Project Manager, Madeline Miller, will participate in a virtual meeting with PlaceWorks’ zoning team and City staff to kick off the CEQA phase of the project. The meeting focus will be to familiarize the CEQA team with the contents of the Zoning Code update, and to discuss next steps and timelines for preparing the addendum.
Project Description
Following the kick-off meeting, PlaceWorks will prepare a draft project description of the proposed Zoning Code update. PlaceWorks will provide a revised project description based on City comments on the draft project description as part of the Administrative Draft Addendum described below.
Administrative Draft Addendum
PlaceWorks will prepare an addendum to the certified General Plan EIR. The addendum will include qualitative discussions for each of the CEQA-required topical areas, referencing the conclusions in the General Plan EIR, wherever possible, for the conclusions in the addendum. A contract modification would be required for any new modeling or major quantitative analysis. PlaceWorks will submit the Administrative Draft Addendum electronically (in Word) for City review and comment.
Scope of Work
Proposal for Services • PLACEWORKS 19
Screencheck Draft Addendum
Using one set of consolidated comments from City staff on the Administrative Draft Addendum, PlaceWorks will prepare a Screencheck Draft Addendum.
Final Addendum
Using one set of consolidated comments from the City on the Screencheck Draft Addendum, PlaceWorks will prepare the Final Addendum. This task assumes that comments received on the Screencheck Draft Addendum will be minimal and require minor textual edits or revision. This scope of work also assumes that the Final Addendum will be posted online for public review but that a response to comments process will not be required. Therefore, this scope of work does not include any responses to comments that the City may receive on the addendum. However, we are available to prepare responses to comments and addendum revisions, if requested, for an additional cost.
Status Meetings
Over the course of the project, PlaceWorks’ CEQA staff will participate in up to four virtual meetings with City staff. This scope of work assumes one-hour meeting durations.
6.4 Notice of Determination
Following the approval of the addendum and within five days of approval of the Zoning Code update, PlaceWorks will prepare a Notice of Determination (NOD) for submittal to the County Clerk. PlaceWorks will submit the NOD to the Governor’s Office of Land Use and Climate Innovation’s State Clearinghouse.
City staff will submit the NOD to the County Clerk and pay all applicable filing fees at the time of posting.
The budget does not include payment of any filing fees.
Deliverables:
» Draft staff reports, resolutions, ordinances, and PowerPoint presentations for up to three Planning Commission and three City Council meetings
» Draft notices for the public and for government agencies as needed » Attendance at up to three in-person Planning Commission meetings and three in-person City Council meetings
» Draft project description (Word)
» Administrative Draft Addendum (Word)
» Screencheck Draft Addendum (Word and PDF)
» Final Addendum (PDF)
» Notice of Determination (PDF)
Scope of Work
20 CITY OF SALINAS • Comprehensive Zoning Code Update
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Proposal for Services • PLACEWORKS 21
4. BUDGET ESTIMATE
As shown in Table 2, the estimated cost to complete the scope of work described in this proposal is $830,257.
PlaceWorks recommends planning for a 10 percent contingency fund to cover any unforeseen out-of-scope work that might be necessary for the project.
We are flexible regarding project costs and hope that you will not eliminate us from consideration based on cost alone.
The billing rates for each team member are included in Table 2.
PlaceWorks bills for its work on a time-and-materials basis with monthly invoices.
Assumptions
This scope of work and cost estimate assumes that:
The City will provide PlaceWorks with the following:
» Background information and copies of relevant reports, plans and data; » Staff participation in the review and comment of project draft documents, including engagement documents and translation review;
» Staff attendance at public meetings and stakeholder meetings; » Staff assistance in publicizing community meetings and events; » Final approval of staff reports and resolutions;
» Responses to and collaboration with other City departments involved as well in the review and comment of draft documents; and
» A designated City Project Manager will coordinate the internal review process upon delivery of draft documents by the Consultant.
PlaceWorks will not prepare responses to comments that the City may receive on the addendum. City staff will be responsible for any CEQA filing fees. City staff will be responsible for meeting logistics, including schedule coordination, document production, printing notices, mailing costs, room reservations, room set-up and take-down, and refreshments.
Proposal for Services • PLACEWORKS 22
Table 2 Cost Estimate
The PlaceWorks Team
Salinas Comprehensive Zoning Code Update
COST PROPOSAL
Knox Loomis Sinsheimer Lindstrom Walsh Goodfellow Mena Tovar Mazur Housing
Adviser
Objective
Design
Adviser
Outreach
Specialist
Hourly Rate: $290 $280 $235 $195 $230 $235 $275 $140 $175 $250 $150 $150 TASK 1. Project Kick-off, Coordination, and Management
1.1 Ongoing Project Management 16 68 34 118 $545 $27,795 $27,795
1.2 Project Kick-off Meeting 8 4 8 12 4 4 8 4 4 56 $266 $13,546 $13,546
1.3 Coordination and Meetings with Staff 66 16 100 100 16 16 16 16 346 $1,614 $82,314 $82,314
1.4 Background Data and Best Practice Research 16 8 32 48 12 12 64 192 $811 $41,351 $41,351 Task 1. Subtotal 106 28 208 194 32 32 24 20 64 4 712 $3,236 $165,006 $165,006 TASK 2. Public Engagement
2.1 Public Engagement Plan 4 8 8 24 44 $159 $8,119 $8,119
2.2 Public Engagement Materials and Facilitation 50 62 100 88 18 52 370 $1,428 $72,818 $72,818
2.3 Public Engagement Summary 2 2 8 24 36 $119 $6,089 $6,089 Task 2. Subtotal 56 0 72 116 0 0 0 136 0 0 18 52 450 $1,706 $87,026 $87,026 TASK 3. Preparation of Bridge Zoning Code Amendments
3.1 Draft Bridge/Interim Zoning Code Amendments 12 8 48 56 8 12 32 24 200 $836 $42,616 $42,616
3.2 Final Bridge/Interim Zoning Code Amendments 8 8 24 32 8 12 24 24 140 $578 $29,478 $29,478 Task 3. Subtotal 20 16 72 88 16 24 56 48 340 $1,414 $72,094 $72,094 TASK 4. Complete Zoning Code Updates
4.1 Administrative Draft Zoning Code Amendments 32 24 64 80 24 40 56 48 368 $1,571 $80,131 $80,131
4.2 Public Review Draft Zoning Code Amendments 24 12 56 64 12 16 48 32 264 $1,114 $56,794 $56,794
4.3 Revised Draft Zoning Code Amendments 12 8 48 56 8 8 32 24 196 $817 $41,657 $41,657
4.4 Final Zoning Code Amendments 8 8 24 32 8 8 24 24 136 $559 $28,519 $28,519 Task 4. Subtotal 76 52 192 232 52 72 160 128 964 $4,061 $207,101 $207,101 TASK 5. Zoning Map Amendments
5.1 Inconsistent Parcel Identification 16 8 24 32 8 8 24 32 80 232 $934 $47,614 $47,614
5.2 Draft and Final Bridge/Interim Zoning Map Amendments 12 8 16 24 8 8 16 20 56 168 $682 $34,762 $34,762
5.3 Complete Zoning Map Amendments and Revisions 12 8 16 24 8 8 24 20 56 176 $710 $36,190 $36,190 Task 5. Subtotal 40 24 56 80 24 24 64 72 192 576 $2,326 $118,566 $118,566 TASK 6. ZCU Approval Processing and Environmental Review
6.1 Planning Commission and City Council Materials 24 12 32 56 12 12 8 12 168 $763 $38,903 $38,903
6.2 Planning Commission (3) and City Council (3) Attendance 48 48 96 $504 $25,704 $25,704
6.3 Environmental Review 5 3 5 3 0 3 40 86 8 8 161 $664 $33,869 $33,869
6.4 Notice of Determination 1 2 4 7 $31 $1,571 $1,571
Task 6. Subtotal 78 15 85 59 12 15 42 0 90 8 20 8 432 $1,962 $100,047 $100,047 Labor Hours Total 376 135 685 769 136 167 66 156 434 84 230 236 3474 Labor Dollars Total $109,040 $37,800 $160,975 $149,955 $31,280 $39,245 $18,150 $21,840 $75,950 $21,000 $34,500 $35,400 3474 $14,705 $749,840 $749,840
REIMBURSABLE EXPENSES
PlaceWorks Reimbursable Expenses $5,433
10% Contingency $74,984
EXPENSE AND CONTINGENCY TOTAL $80,417
GRAND TOTAL $830,257
TOTAL
TASK
BUDGET
PlaceWorks
Hours
PLACEWORKS
TOTAL
PlaceWorks
2% Office
Expenses
Planners/
Designers/
CEQA Staff
GIS Staff
PLACEWORKS
Graphics/
Editing Principal- in- GIS Director
charge
Form Based
Code
Adviser
Project
Manager
Assistant PM CEQA
Leader
Proposal for Services • PLACEWORKS 23
Hourly Fee Schedule
PlaceWorks’ hourly rate sheet is shown below. Our rates increase by a small percentage each year, and if selected, PlaceWorks can provide rates for subsequent years. We bill on a monthly time-and-materials compensation schedule.
PlaceWorks 2025 Fee Schedule
Sample Billing Invoice
A sample of our typical billing invoice is provided on the following pages.