RESOLUTION NO. (N.C.S.)
A RESOLUTION APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SALINAS AND BUREAU VERITAS TECHNICAL ASSESSMENTS, LLC, FOR AMERICANS WITH DISABILITIES ACT (ADA) SELF-EVALUATION AND TRANSITION PLAN UPDATE WHEREAS, Title II of the Americans with Disabilities Act of 1990 (ADA), codified at 42 U.S.C. 12101 et seq., prohibits discrimination on the basis of disability by public agencies and requires public agencies to provide qualified individuals with disabilities equal access to their programs, services, activities, and facilities; and WHEREAS, 28 C.F.R. Part 35 establishes requirements for public agencies under ADA Title II, including requirements relating to accessibility of programs, services, activities, and facilities and the removal of accessibility barriers; and WHEREAS, Section 504 of the Rehabilitation Act of 1973, codified at 29 U.S.C. 794, prohibits discrimination on the basis of disability under programs and activities receiving federal financial assistance and requires recipients to provide individuals with disabilities meaningful and equal access to their programs, services, activities, and facilities; and WHEREAS, 49 C.F.R. Part 27 establishes requirements for nondiscrimination on the basis of disability in programs and activities receiving or benefiting from federal financial assistance; and WHEREAS, California Civil Code Section 54, et seq., provides additional protection for persons with disabilities and requires accessibility to public buildings, structures, sidewalks, curbs, and related facilities constructed with public funds, as applicable; and WHEREAS, as a Local Public Agency receiving federal funds administered through Caltrans, the City of Salinas is required to comply with applicable Caltrans ADA/Section 504 program requirements, including but not limited to the designation of an ADA Coordinator, adoption and publication of ADA nondiscrimination policies and grievance procedures, completion, maintenance, and periodic updates of the ADA Self-Evaluation and the ADA Transition Plan, and periodic program assessments; and WHEREAS, an ADA Self-Evaluation is intended to identify the agency's programs, activities, and services, including public right-of-way facilities and their locations; assess whether employees and officials are familiar with the agency's ADA obligations; evaluate the availability of auxiliary aids and services necessary to provide effective communication with individuals with disabilities; review policies and procedures to ensure equal opportunity for individuals with disabilities to participate in and benefit from programs, activities, and services; and identify physical and non-structural barriers to accessibility; and WHEREAS, pursuant to 28 C.F.R. § 35.150(d), Local Public Agencies with 50 or more employees are required to develop a Transition Plan following completion of the Self-Evaluation to identify and prioritize the removal of physical and structural barriers that limit accessibility to the agency's programs and activities; and WHEREAS, the Transition Plan is required to identify physical obstacles that limit accessibility, describe in detail the methods to be used to make facilities accessible, specify a schedule for taking necessary steps to provide accessible pedestrian access and otherwise achieve compliance with applicable ADA and Section 504 requirements, and identify the official responsible for implementation of the plan; and WHEREAS, Local Public Agencies are required to implement a system for periodically reviewing and updating their ADA Self-Evaluations and, where applicable, Transition Plans; and WHEREAS, the City of Salinas originally prepared a Facilities Transition Plan in 1995, prepared by consultant HBFL, which focused on accessibility compliance at City facilities; and WHEREAS, on June 22, 2021, the City Council adopted Resolution No. 22135, approving the City's ADA Grievance Procedures and ADA Nondiscrimination Policy; and WHEREAS, on September 21, 2021, the City Council adopted Resolution No. 22199, approving the City's updated ADA Transition Plan; and WHEREAS, the City determined that an updated ADA Self-Evaluation and Transition Plan was necessary to evaluate the City's current programs, services, facilities, public right-of-way facilities, and infrastructure, identify existing accessibility barriers and appropriate corrective actions, establish priorities and schedules for barrier removal, and ensure continued compliance with applicable federal and state requirements; and WHEREAS, the City of Salinas issued a Request for Proposals (RFP) for professional consulting services to conduct an ADA Self-Evaluation and update the City's ADA Transition Plan; and WHEREAS, five (5) proposals were received and evaluated by a selection committee comprised of staff from the Public Works Department and the Community Development Department in accordance with the evaluation criteria established in the RFP; and WHEREAS, the selection committee identified Bureau Veritas Technical Assessments, LLC, as the highest-ranked qualified consultant; and WHEREAS, the City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. 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 NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the City Manager to execute a Professional Services Agreement, and any amendments or extensions thereto, with Bureau Veritas Technical Assessments, LLC, to conduct a comprehensive ADA Self-Evaluation and ADA Transition Plan update, in a not-to-exceed amount of $563,830.
PASSED AND APPROVED this 15th day of September 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Dennis Donohue, Mayor
ATTEST:
Patricia M. Soratos, City Clerk
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