Soledad City Council
May 1, 2024

CITY OF SOLEDAD

JOINT CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AND SUCCESSOR

HOUSING AGENCY REGULAR MEETING AGENDA
WEDNESDAY, MAY 1, 2024

CITY HALL, COUNCIL CHAMBERS
6:00 PM
The public meeting will open at 6:00 p.m. and, after taking public comment for closed session items, the Council will immediately recess to closed session.

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Welcome to your City of Soledad City Council/Successor Agency Meeting. Your City Councilmembers/Agencymembers are:

Mayor Anna Velazquez
Mayor Pro Tem Maria Corralejo
Councilmember Fernando Cabrera
Councilmember Fernando Ansaldo-Sánchez
I. CALL TO ORDER
II. ROLL CALL
III. PUBLIC COMMENT - CLOSED SESSION ITEMS
At this time, any member of the public may address the Council/Agency on Closed Session items appearing on the agenda. Speakers shall have limited time of three (3) minutes. Please be brief and to the point.

IV. CLOSED SESSION
A Closed Session will be held immediately prior to the open public meeting, and will begin at 6:00 p.m. The open public meeting will begin at 6:30 p.m., or as soon thereafter as the Closed Session is concluded or adjourned for consideration and conclusion at the end of the open public meeting.

1. The City Council of the City of Soledad will recess to closed session to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6. The employee organizations are the Soledad Police Officers’ Association (SPOA), SEIU Local 521 General Unit and SEIU Local 521 Mid-Management Unit and unrepresented employees. 1 2. The City Council will recess to closed session pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator concerning the sale/exchange/lease of property located 183 Soledad Street (Assessor Parcel Numbers 022-026-001, -002, and -017). Instructions will include price and terms of payment.

V. CLOSED SESSION REPORTS
VI. PLEDGE OF ALLEGIANCE
VII. ADDITIONS/MODIFICATIONS TO THE AGENDA
Items of business may be added to the agenda upon a motion adopted by a minimum 2/3 vote finding that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the agenda being posted. Items may be deleted from the agenda upon request of staff or upon action of the Council.

VIII. PUBLIC COMMENT
At this time any member of the public may address the City Council on items not appearing on the agenda and items of interest to the public that are within the jurisdiction of the Council. A public comment card should be filled out completely to ensure the speaker is called upon to give comment. Public comments are generally limited to three (3) minutes; the mayor may further limit the time for public comments depending on the agenda schedule. Please be brief and to the point.

No action or discussion shall be taken on an item not appearing on the agenda.

IX. COUNCIL PRESENTATIONS

1. A Proclamation of the City Council of the City of Soledad in Honor and Recognition of Mr.

Benjamin Jimenez, Jr., for his outstanding years of service to the City of Soledad.

2. A Proclamation of the City Council of the City of Soledad Proclaiming April 28 - May 04, 2024 as Small Business Week.

3. A Proclamation of the City Council of the City of Soledad Proclaiming May 5 - 11, 2024 as Public Service Recognition Week.

4. A Proclamation of the City Council of the City of Soledad Proclaiming May 2024 as Mental Health Awareness Month.

5. A Proclamation of the City Council of the City of Soledad Proclaiming May 7, 2024 as Teachers' Day
X. PRESENTATIONS

1. Parks and Recreation Year 3 Update
Attachments:

Blue White Illustration Infographic Presentation

2. Townsend Public Affairs Presentation regarding Legislative and Grant Updates for the City of Soledad
Attachments:

City of Soledad - May.1.2024 Council Presentation FN.pptx 2 XI. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine by the City Council and will be adopted by one action of the Council unless any Councilmember has any questions or wishes to make a statement or discuss an item. In that event, the mayor will remove the item from the Consent Calendar for separate consideration.

1. Minutes

1.Joint City Council/Successor Agency Regular Meeting Minutes of April 03, 2024

2.Joint City Council/Successor Agency Special Meeting Minutes of April 09, 2024 Attachments:

Staff Report
Minutes of 04.03.2024
Letter of Resignation. 04-03-2024
Minutes of 04.09.2024
COUNCIL ACTION: ________________________________

2. Warrants
054045 - 054283
Attachments:

Staff Report
054045 - 054283
COUNCIL ACTION: ________________________________

3. Fire Department Activity Report
Attachments:

Staff Report Fire
- April 2024
COUNCIL ACTION: ________________________________

4. Community Engagement, Activity Report
Attachments:

Staff Report
COUNCIL ACTION: ________________________________

5. Human Resources Activity Report
Attachments:

Staff Report
COUNCIL ACTION: ________________________________
3 3

6. Parks and Recreation Activity Report
Attachments:

Staff Report
23 24 3rd Qtr Activity Report.pdf
COUNCIL ACTION: ________________________________

7. Public Works Activity Report
Attachments:

Staff Report
PW Activities Pictures
COUNCIL ACTION: ________________________________

8. Community/Economic Development Dept. Activity Report Attachments:

Staff Report
Building Permits Issued Apr. 2024.pdf
COUNCIL ACTION: ________________________________

9. Police Department Activity Report
Attachments:

Staff Report
Monthly Crime, Calls for Service.pdf
COUNCIL ACTION: ________________________________

10. Resolution No. 6072, a Resolution of the City Council of the City of Soledad Approving the Consulting Services Agreement with Wallace Group for Construction Management and Inspection Services for the Front Street Maintenance Project and Authorizing the City Manager to Execute Said Agreement For $299,830 Plus a 10% Contingency for a Total Not to Exceed Amount of $329,813
Attachments:

Staff Report
Resolution No. 6072
Exhibit A - Copy of Wallace Agreement
COUNCIL ACTION: ________________________________

11. Resolution No. 6073, A Resolution of the City Council of the City of Soledad Authorizing the Submittal of a Prohousing Designation Program Application to the California Department of Housing and Community Development (HCD) and Participation in the Prohousing Designation Program
4 4
Attachments:

Staff Report
Resolution No. 6073
2 - State Resolution - HCD PHD Application
3 - Prohousing Application Soledad Application
COUNCIL ACTION: ________________________________

12. Resolution No. 6074, a Resolution of the City Council of the City of Soledad to Accept and Approve the Final Miramonte Storm Drain Impact Study Dated January 2023 Attachments:

Staff Report
Resolution No. 6074
2023-01-18 Final Miramonte SD Impact
Report 2022-08-31 Miramonte SD Tech Memo
COUNCIL ACTION: ________________________________

13. Resolution No. 6075, a Resolution of the City Council of the City of Soledad Establishing Speed Limits for Collector and Arterial Streets
Attachments:

Staff Report
Resolution No. 6075
Exhibit A - ETS Final Report.pdf
COUNCIL ACTION: ________________________________

14. Resolution No. 6076, a Resolution of the City Council of The City of Soledad Approving the Consulting Services Agreement with Pavement Engineering Inc. for Construction Management and Inspection Services for The 2024 Crack Seal Project and Authorizing the City Manager to Execute Said Agreement For $76,000
Attachments:

Staff Report
Resolution No. 6076
Exhibit A - Copy of Agreement PEI
Exhibit B - Map of Streets under this project
COUNCIL ACTION: ________________________________

15. Accept by Minute Motion The 2023 Water System Consumer Confidence Report Attachments:

Staff Report
2023 Water Quality CCR
COUNCIL ACTION: ________________________________
5 5

16. Resolution No. 6077, a Resolution of the City Council of the City of Soledad Approving the Purchase of One (1) Public Works Fleet Vehicle from Soledad Auto Sales, Dispensing with Bidding per Soledad Municipal Code Section 3.24.040 And Authorizing the City Manager to Purchase said Vehicle in an Amount Not to Exceed of $34,945 Attachments:

Staff Report
Resolution No. 6077
2021 Dodge Ram Quote, KBB Value and Car Fax Report
COUNCIL ACTION: ________________________________

17. Resolution No. 6078, A Resolution of the City Council of the City of Soledad Approving and Authorizing the City Manager to Execute a Facilities Joint Use Agreement Between the Soledad Unified School District and the City of Soledad
Attachments:

Staff Report
Resolution No. 6078
Exhibit A - Joint Use Agreement with Soledad School District Attachment 2 - 2022 Facility Use Agreement and Resolution No. 5755 COUNCIL ACTION: ________________________________
XII. PUBLIC HEARING NO. 1
Receive the Staff Report
Open the Public Hearing
Close the Public Hearing
Council Action

1. Rescind Resolution No. 6070, Establishing Procedures for the Selections of the Mayor and Mayor Pro Tem
Transition to District-Based Elections for Councilmembers-Proposed District Maps-Public Hearing No. 6
Consider Introduction, Waiver of Reading and Read by Title Only an Ordinance of the City Council of the City of Soledad Establishing and Implementing By-District Elections-4 District Map
Attachments:

Staff Report
Resolution No. 6070
Ordinance re Four-District Action 4-17-24
XIII. BUSINESS

1. Resolution No. 6071, A Resolution of the City Council of the City of Soledad Accepting the Vision and Guiding Principles for the 2024 Siempre Soledad General Plan Update Meeting 6 6
Attachments:

Staff Report
Resolution No. 6071
Exhibit A- Vision and Guiding Principles- draft
Attachment 2. Key Themes Community Input
Attachment 3. Resolution No. 2024-04 The General Plan Vision and Guiding Principles - signed (002)
Attachment 4. CC Presentation 050124 AM Edits
COUNCIL ACTION: ________________________________

2. Consider Proposed Changes to Councilmember Compensation and Provide Direction to Staff Attachments:

Staff Report
COUNCIL ACTION: ________________________________

3. Consideration of Council Rules, Procedures, Protocols, and Decorum and Provide Direction to Staff
Attachments:

Staff Report
Attachment 1. City Council Rules Policies and Procedures Attachment 2 - Council Consensus on Meeting Protocols, Goal Setting, and Next Steps - August 23, 2023
Attachment 3 - Temecula 2024 Protocol Manual
COUNCIL ACTION: ________________________________
XIV. MAYOR'S ANNOUNCEMENTS AND REPORTS
XV. COUNCILMEMBERS' ANNOUNCEMENTS AND REPORTS
XVI. COUNCILMEMBERS' PRAISES
XVII. CITY MANAGER'S REPORT
XVIII. FUTURE AGENDA ITEMS
XIX. ADJOURNMENT
XX. CERTIFICATION
I Megan Hunter, City Clerk of the City of Soledad, do hereby certify that a copy of the foregoing Joint City Council/Successor Agency Regular Meeting Agenda was posted at City Hall by Friday, April 26, 2024, at 5:00 p.m.
04/25/2024
Megan Hunter, City Clerk Date
7 In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact Deputy City Clerk Darlene Noriega at (831) 223-5014. Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (RCRF 35.102-35.104).
“Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 248 Main Street, Soledad, California during normal business hours.”
En caso que usted necesite ayuda en leer o en entender este aviso de Junta Publica, usted puede ponerse en contacto con la oficina del Edificio Municipal en 248 Calle Main o llamar al número (831) 223-5014, y el aviso será traducido para usted.

Advanced submittal of public comments via email are due by 2:00 P.M. on the day of the scheduled meeting to the Deputy City Clerk at [email protected] Comments are limited to 250 words or less and effort will be made to read your comment into the record, but some comments may not be read due to time limitations. The City Clerk will read email comments, provided that the reading shall not exceed three (3) minutes. The email comments submitted shall become part of the record.

Comentarios públicos por correo electrónico deben realizarse no más tarde de las 2:00 p.m. el día de la reunión programada y deben ser enviados al Secretario de la Ciudad a [email protected]. Los comentarios son limitados a 250 palabras o menos y se hará un esfuerzo para leer su comentario en el registro, pero es posible que algunos comentarios no se lean debido a limitaciones de tiempo. El Secretario de la Ciudad leerá los comentarios por correo electrónico, siempre que la lectura no exceda los tres (3) minutos. Los comentarios enviados por correo electrónico pasarán a formar parte del registro.
8 8
fROM tHE
gROUND uP IN
tHREE YEARS
Jessica Potts
Recreation Manager
Parks and Recreation
Department
9 YEAR 1
Hitting the Ground Running
Department Timeline
April 2021:

Launched department, began
renovations for the 30 yr old Community
Center
I started on April 19!
Began creating dept. policy, program
plans, etc.

Foundation Programs -1273 Participants
Facility Fitness & Open Gym -16,313 Uses From 0 to 16,313 Non-program visitors to the Community Center
(Fitness Center & Gym)
16,313 June 14, 2021-June 30, 2022
1,255 avg a month
41 avg a day
April 2021-June 2021
First Fiscal Year 21/22
Major Accomplishments
Pre-K Programs - 0-5 yrs -182 Total
(Parent/Guardian Inclusion)
Art & Development - 182 Participants
Youth Programs: 6-17 yrs - 647 Total
Art & Culture - 46 Participants
Performing Arts (Dance) - 48 Participants
Break Camps - 174 Participants
Sports - 379 Participants
Basketball & Soccer
Adult & Family - 200 Total
Art & Culture - 16 Participants
Adult Sports & Fitness- 184 Participants
Seniors (60+)- 244 Total
Art & Culture - 29 Participants
Social Services - 215 Participants
May:

Began registration for 1st SPR programs
Summer Camp & Youth Basketball
Hired SPR’s first staff - 26 PT Youth Staff
June
6/14 - First day of summer camp
6/15 - Soft open the doors to the public
6/2 - Official Grand Opening!
UP AND GOING IN 58 DAYS
Facility Repairs & Upgrades
Installed Fitness Center
Facility Painting, Inside and Out
Removed Broken Bleachers
Major Mold Eradication
Participation in Community Events
NNO, Spookfest, Easter
Celebration, SPR Summer Kick-off
10 YEAR 2
Establishing a Foundation
Department Timeline
Programs - 2,079 Participants
63 % Increase over 21/22
Fitness Center and Open Gym - 25,183 Uses
Membership Uses - 14,837
Gym Uses - 10,346
2,099 avg a month
84 avg a day
Fiscal Year 22/23
Pre-K Programs - 0-5 yrs - 222 Total
(Parent/Guardian Inclusion)
Art & Development - 159 Participants
Sports - 63 Participants
Youth Programs: 6-17 yrs -1,048 Total
Art & Culture - 60 Participants
Performing Arts (Dance) - 70 Participants
Break Camps - 295 Participants
Sports - 623 Participants
Basketball, Soccer, Flag Football,
Volleyball
Adult & Family - 81 Total
Art & Culture - 26 Participants
Adult Sports & Fitness- 55 Participants
Seniors (60+)- 393 Total
Social Services - 393 Participants
Facility Repairs & Upgrades
Install New Mechanical Gym Bleachers
Gym Floor Scrub, Repaint, and Recoat
Upgrade and install cabinets in kitchen
and Large Multi-Purpose Room
Special Events
SPR Signature - 335 Total
Cookies with Santa - 99 Attendees
Summer Kick-off - 58 Attendees
Disney Dazzle Play - 178 Attendees
Hot Summer Days, 4th of July Celebration,
NNO, Spookfest, Easter Celebration
Fitness Center and Open Gym - 25,183
54% Increase over 21/22
Facility Open - 305 Days
Hours of Operation - 4,456
11 YEAR 3 - Current
Watch us Grow
Department Timeline
Programs - 2,190 Participants
5% Increase over 22/23 -in 9 months
Fitness Center and Open Gym - 21,957 Uses
Membership Uses - 14,438
Gym Uses - 7,519
2,440 avg a month (9-months)
97 avg a day (9-months)
Fiscal Year 23/24
As of April 2024 (9 months)
Pre-K Programs - 0-5 yrs - 222 Total
(Parent/Guardian Inclusion)
Art & Development - 114 Participants
Sports - 36 Participants
Youth Programs: 6-17 yrs - 923 Total
Art & Culture - 162 Participants
Performing Arts (Dance) - 64 Participants
Break Camps - 161 Participants
Sports - 536 Participants
Basketball, Soccer, Flag Football,
Volleyball
Adult & Family -157 Total
Art & Culture - 79 Participants
Adult Sports & Fitness- 78 Participants
Seniors (60+)- 384 Total
Social Services - 384 Participants
Park Additions
Opened Orchard Lane Park
Installed Field Light: Blas Santana & Jesse
Gallardo Parks
Special Events
SPR Signature - 504 Total
Cookies with Santa - 116 Attendees
Haunted House - 192 Attendees
Aristocats Play - 196 Tickets to date
Hot Summer Days, 4th of July, NNO,
Spookfest, Dia de Los Muertos,
Community Workshops, Resource Fairs,
Easter Celebration
Fitness Center and Open Gym - 21,957
15% Anticipated increase over 22/23
Facility Open - 303 Days
Hours of Operation - 4,242
12 PROGRAM WALL

OF FAME
13 Program Participation Growth
0 500
1000
1500
2000
2500
Open 21/22 22/23 23/24
0 5000
10000
15000
20000
25000
30000
Open 21/22 22/23 23/24
Fitness & Gym Use Growth
14 Who Makes it Happen
15 4
-Full-timeStaff
19-Part-timeStaff/7additionalsummerstaffintheprocess
4-Part-timeInstructors/3additionalintheprocess
16 Our Team Culture
A culture that fosters growth, encourages creativity and leadership, and supports the needs and interests of our staff 17 We Couldn’t Do it Alone
Providing our community with services is our priority!
Current Partnerships
Senior Services
Meals on Wheels
Loaves & Fishes
Alliance on Aging
Blue Zones Project
Monterey County
Foodbank
Youth Services / Special Needs
Special Kids Connect
Blue Zones Project
Community Science Workshop
Family and Community Services
Workforce
County of Monterey
Ecology Action
Lioness Club of Soledad
Soledad-Mission Recreation District
More partnerships to come!
Senior Services
Monterey County
Health Depart.

Youth Services / Special Needs
Wahine Project
ACEing Autism
Breakthrough Behavior
San Andreas Regional Center
Soledad Family Resource Center
Family and Community
Services
Wahine Project
18 Top Achievements
01- Created a new full-service department
02 - Renovated, upgraded, and improved
the Soledad Community Center, creating
a community activity and social hub
03 - Finalized and opened Orchard Lane
Park, with South County’s first inclusive
playground
04 -Increased program capacity and
accessibility by partnering with 12 servicebased organizations 05 - Provided employment opportunities
to over 50 Soledad youth
06 -Increased participation & user
capacity through improved facility and
increased program offerings
19 Looking to
the Future
Using community feedback and insights today to plan for the twenty years of services and community needs.

Parks and Recreation Master Plan
Community Center Capital Campaign
Goals
Necessary facility upgrades to ensure accessibility for all for generations to come
01 - Take Recreational opportunities out into the
community through recreation pop-up programs
02 - Increase program options for seniors and
those with special needs buy creating additional
partnerships
03 - Continue to increase program opportunities
and increase participation by 20%
04 - Continue to seek grants to work to improve
parks and recreational facilities
Kitchen Remodel
Full Facility ADA Improvements
Updated Gym Lighting
Electrical and Stage Upgrades
HVAC Upgrades
Emergency Services Upgrades
Outdoor lighting, landscaping
and EV Charging
20 t
hank
you
Questions?
21 WWW.TOWNSENDPA.COM
SACRAMENTO • WASHINGTON, DC
NORTHERN CALIFORNIA • CENTRAL CALIFORNIA • SOUTHERN CALIFORNIA City of Soledad
Legislative Advocacy
and Grants Update
May 1, 2024
22 Slide 2
2024 Legislative Session
$
House of
Origin Policy
Committee
Deadline
April
26 Governor’s
May Revise
Appropriations
Committee
Deadline
Mid
May
May
17 Budget Bill
must be
Passed by
Midnight
June
15 Last Day
for Policy
Committees to
Meet and
Report Bills
July
3 City of Soledad: Legislative & Grants Update: May 1, 2024 23 Slide 3
2024 Legislative Session
Sacramento Meetings
During Cal Cities City
Leaders Summit
Speaker Robert Rivas’
Chief Consultant on
Public Safety
Assembly Member Buffy
Wicks’ Chief Housing
Policy Advisor
City of Soledad: Legislative & Grants Update: May 1, 2024 24 Slide 4
Recent Work
Submission
of State
Budget
Earmarks
Submission
of Federal
Appropriatio
ns
Earmarks.

Formal
positions on
Public
Safety
Legislation
and
Housing
Legislation
Evaluating
additional
measures
to act on
Weekly and
Monthly
Legislative,
Regulatory,
Budget, and
Grants
Updates /
Memos
City of Soledad: Legislative & Grants Update: May 1, 2024 25 Slide 5
Coming Up / Major Items

STATEWIDE BALLOT

INITIATIVES
• ACA 13/Taxpayer
Protection Act
• ACA 1

STATEWIDE
BONDS
Under Consideration for
November 2024
• Climate Bond
• Housing Bond
• School Facilities Bond
City of Soledad: Legislative & Grants Update: May 1, 2024 26 Slide 6
Grants Update – 2023 Submitted
Office of Traffic Safety Grant Public Safety Equipment Acquisition $55,000 Awarded Assistance to Firefighters Grant Ladder and Hose Acquisition $87,200 Not Awarded Resubmitted in 2024
Integrated Climate Adaptation and
Resiliency Program Climate Action Plan Update $650,000 Not Awarded Resubmittal in Progress in 2024
DOJ Tobacco Grant Tobacco Enforcement Operations $215,967.00 Awarded Whale Tail Grant Program Senior Recreational Trips $60,000.00 Not Awarded Outdoor Equity Grant Program Soledad Nature Adventures Travel Program $134,423.00 Pending
City of Soledad: Legislative & Grants Update: May 1, 2024 Total Awarded: $270,967
27 Slide 7
Grants Update – 2024 Submitted*
Sustainable Transportation Planning
Grant
Climate Action Plan Development
Project $260,000.00 Pending
California Volunteers Grant Program City Youth Internship Program $96,000.00 Not Awarded USDA Rural Business Development
Grant
Soledad Container Village
Feasibility Study $50,000.00 Pending
AARP Community Challenge Grant Senior Wellness Trips $30,000.00 Pending Assistance to Firefighters Grant Fire House Equipment $47,272.00 Pending Staffing for Adequate Fire and
Emergency Response Grant Four Firefighter Positions $2,829,537 Pending *as of April 23, 2024
City of Soledad: Legislative & Grants Update: May 1, 2024 Total Pending: $3,351,232
28 Slide 8
Grants Update – Applications in Progress
Safe Streets and Roads For All (SS4A)
Transportation Safety Planning – Application in Progress Active Transportation Program
City Bicycle/Pedestrian Projects (To Be Determined) – Application in Progress Integrated Climate Adaptation Planning Grant
City Climate Adaptation and Action Plan – Application in Progress *Application scored highly in 2023 cycle, Agency Staff highly recommended resubmitting in the current cycle.

Walmart Grant Program:

Various Community Development Projects
Registration to Apply currently pending
City of Soledad: Legislative & Grants Update: May 1, 2024 Tobacco Grant Program:

Planned Resubmittal of Successful 2023 Application for 2024 Cycle, once open 29 Slide 9
Grant Opportunities: Q2 2024
Administrator &
Grant Name Application Info Eligible Projects Application Deadline California Arts
Council/Department of Parks
and Recreation
Art in California Parks
Grants
$15,000 - $150,000
Match recommended, but not
required
The program will establish art installations and programming in State and local parks as catalysts for sustainable community connection, health, and well-being.

June 14, 2024
CalOES/FEMA
Hazard Mitigation Grant
Funds Hazard Mitigation
Projects
Generators, Hazard Mitigation Planning, Flood Mitigation, Wildfire Mitigation
Monterey County-eligible Round will open shortly as a result of the President’s April 19th State of Emergency Declaration of 2024 Winter Storms.

Notice of Intent Deadline:

TBA
Governor’s Office of
Planning and Research
Jobs First Initiative
Implementation Grants TBD Broad Economic Development Projects: Youth Corps, Incubators, Projects that Result in Noteworthy Economic Development City projected to apply for Container Village Project
TBD
CalFIRE
Urban and Community
Forestry Grant
Award range $150,000 -
$1,500,000
No Match Required
The program supports increased, equitable access to urban tree canopy and associated benefits in disadvantaged communities, broadened community engagement in local urban forest planning, tree planting, and management activities; and improved community and urban forest resilience to climate change.

May 30, 2024
Department of Justice
Community Policing
Development (CPD)
Microgrants Program
Hiring Program
$200,000 per Microgrant
$125,000 Annually per
Officer (Hiring Grant)
The Community Policing Development (CPD) Microgrants
Program provides funding to implement demonstration or
pilot projects that offer creative ideas to advance crime fighting, community engagement, problem solving, or
organizational changes in support of community policing.

The COPS Hiring Grant provides funding to hire and retain additional law enforcement positions.

May 14, 2024
(Microgrants)
June 6, 2024 (Hiring
Grants)
City of Soledad: Legislative & Grants Update: May 1, 2024 30 Slide 10
Questions?
Anastasia Heaton
Senior Associate
Townsend Public Affairs
[email protected]
(949)629-5752
Andres Ramirez
Deputy Director
Townsend Public Affairs
[email protected]
(916)505-9863
City of Soledad: Legislative & Grants Update: May 1, 2024 31 SUBJECT: Minutes

1. Joint City Council/Successor Agency Regular Meeting Minutes of April 03, 2024

2. Joint City Council/Successor Agency Special Meeting Minutes of April 09, 2024 TO: Honorable Mayor Velazquez and City Council
FROM: Darlene Noriega, Deputy City Clerk

COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager

MEETING
DATE: May 1, 2024
AGENDA ITEM NO. 1.
32 Minutes
City of Soledad
Joint City Council/Successor Agency/Housing Authority/Successor Housing Agency/ Regular Meeting
April 03, 2024

CALL TO ORDER
Mayor Velazquez called the Joint City Council/ Successor Agency/ Housing Authority/ Successor Housing Agency/ Regular Meeting to order at 6:07p.m.

ROLL CALL
The Following Councilmembers/Agency members were present when the meeting was called to order:

Mayor/Chair Anna M. Velazquez
Mayor Pro Tem/Vice Chair Maria Corralejo
Councilmember/Agency Member Fernando Cabrera

THE FOLLOWING COUNCILMEMBER WAS ABSENT
None
PUBLIC COMMENT – CLOSED SESSION ITEMS
None

MEETING RECESS TO CLOSED SESSION
None

CLOSED SESSION
None

MEETING RECONVIENED FROM CLOSED SESSION
None

CLOSED SESSION REPORTS
None
33 City of Soledad City Council/Successor Agency Regular Meeting Minutes of April 03, 2024.

PLEDGE OF ALLEGIANCE
Mr. Anthony Rocha led the Pledge of Allegiance

ADDITIONS/MODIFICATIONS TO THE AGENDA
None

PUBLIC COMMENT
A public comment was received by Deputy City Clerk Darlene Noriega from Ben Jimenez Jr. and read into the record regarding his resignation (see attached letter).

There were no further public comments.

COUNCIL PRESENTATIONS

1. Mayor Velazquez presented a Proclamation recognizing April 7-13, 2024, as National Library Week the Soledad Branch Library.

2. Mayor Pro Tem Corralejo presented a Proclamation recognizing April 2024 as "Purple Up! for Military Kids" Month to the of the Bocanegra Family.

3. Councilmember Cabrera presented a Proclamation recognizing April 2024 as Sexual Assault Awareness Month to Lideres Campesinas

4. Mayor Velazquez presented a Proclamation in Recognition of Volunteer Appreciation Month to the Soledad Lions Club.

The Council took a brief break to take a photo with the groups who were presented proclamations.

CERTIFICATION OF THE MARCH 05, 2024, ELECTION

1. Resolution No. 6062, A Resolution of the City Council of the City of Soledad Declaring the Canvass of Returns and Results of the Consolidated Special Municipal Election Held on March 5, 2024 City Manager Megan Hunter presented a brief background on the item.

Motion: Councilmember Cabrera made motion to approve Resolution No. 6062. Motion was seconded by Mayor Pro Tem Corralejo and carried by following vote:

Action
Ayes: Cabrera, Corralejo, Velazquez
Noes: None
Abstain: None

Absent: None
34 City of Soledad City Council/Successor Agency Regular Meeting Minutes of April 03, 2024.

OATH OF OFFICE ADMINISTERED TO INCOMING COUNCILMEMBER
Fernando Ansaldo-Sánchez, Councilmember
Mr. Anthony Rocha, City of Soledad Councilmember, performed the Oath of Office to the elected Councilmember Fernando Ansaldo-Sánchez
The Council took a brief break for the seating of Councilmember Fernando Ansaldo-Sánchez.

YOUTH COUNCIL REPORT
The 04/03/2024 written report was included in the agenda.

PRESENTATIONS
None

CONSENT CALENDAR
Mayor Pro Tem Corralejo requested to have separate discussion regarding item number C-10 There were no public comments.

Motion: Councilmember Cabrera made motion to approve items C-1, C-2, C-3, C-4, C-5, C-6, C-7, C-8, C-9, C-11, C-12, and C-13. Motion was seconded by Mayor Pro Tem Corralejo and carried by following vote:

Action for Item C-1
Ayes: Cabrera, Corralejo, Velazquez
Noes: None
Abstain: Ansaldo-Sánchez

Absent: None
C-1. Minutes

Joint City Council/Successor Agency Regular Meeting Minutes of March 03, 2024 C-2. Warrants
053784 - 053919 and 053920 - 054044
C-3. Human Resources Activity Report
C-4. Community and Economic Development Department Activity Report C-5. Parks and Recreation Department Activity Report
35 City of Soledad City Council/Successor Agency Regular Meeting Minutes of April 03, 2024.

C-6. Public Works Department Activity Report
C-7. Fire Department Activity Report
C-8. Police Department Activity Report
C-9. Community Engagement Activity Report
C-11. Resolution No. 6058, A Resolution of the City Council of the City of Soledad Approving and Accepting the DOJ-Prop56 Tobacco Enforcement Grant, Authorizing the City Manager to Execute a Memorandum of Understanding with the California Department of Justice, and Approving a Budget Amendment to Fiscal Year 23/24 Budget
C-12. Resolution No. 6067, A Resolution of the City Council of the City of Soledad Accepting and Approving the Standard Agreement for the Alcoholic Beverage Control (ABC) ABC-2100 Alcohol Enforcement Grant and Approving a Related Budget Amendment C-13. Resolution No. 6057, A Resolution of the City Council of the City of Soledad Approving a Contract with Townsend Public Affairs, Inc for Legislative Advocacy and Grant Funding Services in an amount not to exceed $30,000.

City Manager Hunter presented the staff report. The City did put down a deposit of $7,500 which is half of the total amount due and is what was agreed.

Motion: Mayor Pro Tem Corralejo made motion to approve items C-10. Motion was seconded by Councilmember Cabrera and carried by following vote:

Action
Ayes: Corralejo, Cabrera, Ansaldo-Sánchez, Velazquez
Noes: None
Abstain: None

Absent: None
C-10. Accept by Minute Motion Sponsorship of the 4th of July Fireworks Show 36 City of Soledad City Council/Successor Agency Regular Meeting Minutes of April 03, 2024.

BUSINESS
B-1. Resolution No. 6063, A Resolution A Resolution of the City Council of the City of Soledad Approving a Final Subdivision Map (FM 2024-01) for the Soledad Marketplace Located at the Southeast Corner of Nestles Road and Los Coches Drive
City Manager Hunter presented the staff report.

There were no public comments.

Motion: Councilmember Cabrera made motion to approve Resolution No. 6063. Motion was seconded by Councilmember Ansaldo-Sánchez and carried by the following vote:

Action
Ayes: Cabrera, Ansaldo-Sánchez, Corralejo, Velazquez
Noes: None
Abstain: None

Absent: None
B-2. Resolution No. 6064, A Resolution of the City Council of the City of Soledad to Accept and Approve Amendment No. 1 to the City of Soledad Water System Master Plan and Amendment No. 2 to the Sanitary Sewer Master Plan to Include the Miramonte Project Public Works Director Don Wilcox presented the staff report.

Akel Engineering Group Inc. President Tony Akel was present via Zoom and presented a brief PowerPoint presentation.

There were no public comments.

Councilmembers had numerous comments and questions.

Motion: Councilmember Cabrera made motion to approve Resolution No. 6064. Motion was seconded by Mayor Velazquez and carried by the following vote:

Action
Ayes: Cabrera, Velazquez, Ansaldo-Sánchez, Corralejo
Noes: None
Abstain: None

Absent: None
B-3. Resolution No. 6059, A Resolution of the City Council of the City of Soledad Approving and Accepting the 2023 General Plan and Housing Annual Progress Reports and Authorizing its Submittal to the State of California Department of Housing and Community Development and the Governor’s Office of Planning and Research
Associate Planner Ariana Mora and Housing Analyst Beatriz Trujillo presented the staff report. 37 City of Soledad City Council/Successor Agency Regular Meeting Minutes of April 03, 2024.

There were no public comments.

Councilmembers had numerous questions and comments.

Motion: Mayor Pro Tem Corralejo made motion to approve Resolution No. 6059. Motion was seconded by Councilmember Cabrera and carried by the following vote:

Action
Ayes: Corralejo, Cabrera, Ansaldo-Sánchez, Velazquez
Noes: None
Abstain: None

Absent: None
B-4. Receive the status update on Approved American Rescue Plan Act Projects and Approve Recommended Modification as Presented.

Finance Director Mike Howard presented the staff report.

Mr. Reynoso stated he applied for the façade program and has not heard anything further from City staff.

He understands the City is wanting to move forward with other projects, however, he completed the application process before.

Community and Economic Development Director Kao Nou Yang said she will be in contact with Mr.

Reynoso during normal business hours.

Councilmembers had numerous questions and comments.

Motion: Councilmember Cabrera made motion to approve the item as it was presented. Motion was seconded by Mayor Velazquez and carried by the following vote:

Action
Ayes: Cabrera, Velazquez, Ansaldo-Sánchez, Corralejo
Noes: None
Abstain: None

Absent: None
B-5. Review of FY 2023-24 Mid-Year Financial Report and Consideration of Mid-Year Financial Budget Adjustments and Position Reclassifications in the Public Works Department Finance Director Mike Howard presented the staff report.

There were no public comments.

Councilmembers had numerous questions and comments.

Motion: Councilmember Cabrera made motion to approve the item as it was presented. Motion was seconded by Mayor Pro Tem Corralejo and carried by the following vote:
38 City of Soledad City Council/Successor Agency Regular Meeting Minutes of April 03, 2024.

Action
Ayes: Cabrera, Corralejo, Ansaldo-Sánchez, Velazquez
Noes: None
Abstain: None

Absent: None
B-6. Resolution No. 6060, A Resolution of the City Council of the City of Soledad Approving a Contract for Construction Services with Blok Modular Constructors, Inc. In an Amount of $279,780 plus 10% Contingency for a Total Amount Not to Exceed of $307,758 for the Purchase and Installation of the Corporation Yard Modular Office Building and Authorizing the City Manager to Execute Said Contract on Behalf of the City of Soledad
Assistant Engineer Alex Ramos presented the staff report.

There were no public comments.

Motion: Councilmember Ansaldo-Sánchez made motion to approve Resolution No. 6060. Motion was seconded by Councilmember Cabrera and carried by the following vote:

Action
Ayes: Ansaldo-Sánchez, Cabrera, Corralejo, Velazquez
Noes: None
Abstain: None

Absent: None
B-7. Resolution No. 6061, A Resolution of the City Council of the City of Soledad Approving a Consulting Services Agreement Task order with Cannon Engineering for Professional Design Services for the City Hall/police Department/Emergency Operations Center - Backup Emergency Generator Replacement and Upgrades Project and Authorizing the City Manager to Execute the Task Order in the Not to Exceed Amount of $87,180
Public Works Director Don Wilcox presented the staff report.

There was no public comment.

Motion: Councilmember Ansaldo-Sánchez made motion to approve Resolution No. 6061. Motion was seconded by Mayor Velazquez and carried by the following vote:

Action
Ayes: Ansaldo-Sánchez, Velazquez, Cabrera, Corralejo
Noes: None
Abstain: None

Absent: None
39 City of Soledad City Council/Successor Agency Regular Meeting Minutes of April 03, 2024.

B-8. Resolution No. 6065, A Resolution of the City Council of the City of Soledad Accepting the Orchard Lane Park Project as Completed by Monterey Peninsula Engineering and Authorizing the Release of Retention Payment.

Public Works Director Don Wilcox presented the staff report.

There were no public comments.

Motion: Mayor Pro Tem Corralejo made motion to approve Resolution No. 6065. Motion was seconded by Councilmember Cabrera and carried by the following vote:

Action
Ayes: Corralejo, Cabrera, Ansaldo-Sánchez, Velazquez
Noes: None
Abstain: None

Absent: None
B-9. Resolution No. 6066, A Resolution of the City Council of the City of Soledad Authorizing the City Manager to Execute Agreements with Four Organizations Deemed Eligible under the City’s Mini Grants Program in an Amount not to Exceed $16,100
Community Engagement Manager Jesus Valenzuela presented the staff report.

There were no public comments.

Councilmembers had numerous questions and comments.

Motion: Councilmember Ansaldo-Sánchez made motion to approve Resolution No. 6066. Motion was seconded by Councilmember Mayor Velazquez and carried by the following vote:

Action
Ayes: Ansaldo-Sánchez, Velazquez, Cabrera, Corralejo
Noes: None
Abstain: None

Absent: None
The council took a brief break at 9:39 p.m.

The council returned from break at 9:46 p.m.

B-10. City Council Consideration and Direction Concerning Post-Referendum Action on By-District Voting.

City Attorney Mike Rodriquez presented the staff report.

There were no public comments.

Councilmembers had numerous questions and comments.
40 City of Soledad City Council/Successor Agency Regular Meeting Minutes of April 03, 2024.

City Attorney Mike Rodriquez will look further into what the council can do to ensure that the the fourdistrict map is not overridden by a future council; can this be done by way of language in an ordinance.

He will also look into if the council approved a four-district map, could there be a citizens-initiated initiative that would then place that on the ballot. He will bring back his finding and recommendation to the next meeting scheduled meeting scheduled of 05/01/2024.

Action
The council received the report.

Council Direction was provided to staff.

B-11. Filling a Council Vacancy
City attorney Mike Rodriquez presented the staff report. The option the council has is to fill the vacancy by appointment.

Monica Andrade said she would like the appointment process opened to the public to apply. She would like to see transparency, equality, and no preferential treatment towards any applicant.

There were no further public comment.

Mayor Velazquez suggested that staff look at the application the City of Marina used. She found that Marina’s process was transparent. They allowed each candidate up to 10 minutes to speak on their experience and qualifications. Also, each councilmember asked questions related to the city. Her recommendation is to move forward with opening the application process and have a special meeting for the interview process.

Councilmember Ansaldo-Sánchez agrees with the Mayor’s suggestion; however, he would like to have questions given to applicants ahead of time.

Mayor Pro Tem Corralejo agrees with Councilmember Ansaldo-Sánchez in providing applicants the questions ahead of time. She remembers the last application process being very transparent because all the applicants and the public were able to see all the applications, personal information was redacted.

Action
The council received the report.

Council Direction was provided to staff.

B-12. Appointment to the Salinas Valley Waste Authority Board of Directors City Manager Hunter presented the staff report and mentioned that Councilmember Corralejo was the Alternate and that should have been included in the report. It may make sense for her to serve as the replacement.

There were no public comments.

Mayor Velazquez recommended allowing Councilmember Ansaldo-Sánchez to be appointed to the Salinas Valley Waste Authority.
41 City of Soledad City Council/Successor Agency Regular Meeting Minutes of April 03, 2024.

Councilmember Ansaldo-Sánchez expressed that he would like to be appointed to the Salinas Valley Solid Waste Authority Board.

Motion: Councilmember Ansaldo-Sánchez made motion to approve himself to be appointed to the Salinas Valley Solid Waste Authority Board. Motion was seconded by Councilmember Cabrera and carried by the following vote:

Action
Ayes: Ansaldo-Sánchez, Cabrera, Corralejo, Velazquez
Noes: None
Abstain: None

Absent: None
MAYOR’S ANNOUNCEMENTS AND REPORTS

1. On 03/07 she attended the Community vigil for the mass shooting that took place in King City.

2. On 03/11 she attended the Monterey-Salinas transit Board of Directors meeting.

3. On 03/01 she met with City Manager Hunter and Community and Economic Development Director.

Kao Nou Yang to regarding an economic development initiative to pursue the container village.

4. On 03/14 she attended the Soledad Rotary Reverse Draw.

5. On 03/13 she attended the AMBAG Board of Directors meeting.

6. On 03/16 she attended opening ceremony for Soledad Little League.

7. On 03/20 she attended the Emergency Leadership Council Meeting.

8. On 03/21 she attended the City Budget workshop.

9. On 03/22 she met with San Andreas Regional Center Fransisco Valenzuela and Recreation Manager Jessica Potts to discuss Superhero Days.

10. On 03/25 she attended a visit with Congresswoman Zoe Lofgren.

11. On 03/28 she attended the Monterey County Traffic Alliance Safety Corridor 2nd Taskforce Meeting.

12. On 04/02 she participated in the Grassroots Advocacy Day with San Andreas Regional Centers.

13. On 04/03 she attended a meeting with Supervisor Lopez and the South County Mayors and City Managers.

COUNCILMEMBERS’ ANNOUNCEMENTS AND REPORTS
Mayor Pro Tem Corralejo had 3 items to report:

1. On 03/14 she attended the Soledad Rotary Reverse Draw.

2. On 03/25 was not able to spend time with Congresswoman Zoe Lofgren.

3. On 03/28 she attended the Soledad Merchants meeting.

Councilmember Ansaldo-Sánchez had 1 item to report:

1. On 03/21 he attended the City’s Budget workshop.

Councilmember Cabrera had 2 items to report:

1. On 03/21 he attended the City’s Budget workshop.

COUNCILMEMBERS’ PRAISES
Councilmembers gave praises to numerous groups.
42 City of Soledad City Council/Successor Agency Regular Meeting Minutes of April 03, 2024.

CITY MANAGERS’ REPORT

1. There will be a Special Council meeting on 04/09/2024.

2. On 04/10 there will be a Community meeting regarding Safety Improvements.

3. There have been concerns regarding opening an animal control center here in South Couty. South County will be hosting a future meeting to discuss the item.

FUTURE AGENDA ITEMS
Mayor Pro Tem Corralejo requested 1 future agenda item:

1. She would like an agenda item regarding streamlining council meetings. Meetings have been very long and there is a lack of decorum during meetings. The meetings should be efficient, equitable. Council should respect staff’s time and Community members’ time.

Councilmember Ansaldo-Sánchez requested 2 future agenda items:

1. He would like to have a presentation from the Code Enforcement Department.

2. He would like to have a proclamation and flag raising for Pride in June.

Councilmember Cabrera requested 1 future agenda item:

1. He would like to bring back the item of SB 329, city council salary, as an agenda item.

Mayor Velazquez requested 2 future agenda item and 1 Point of Privilege item:

1. The creation of a Legislation ad hoc committee.

2. Bring back council policies that councilmembers received in August, to have further discussion about streaming the meetings.

Mayor Velazquez stated that regarding to the timing of the last meeting, there were many items on the agenda and part of her job as the Chair is to move the meeting forward, and make sure everyone has enough time to speak. The council should come prepared to the meetings, ask their questions in advance, and should not make comments that don’t necessarily have to be made.

ADJOURNMENT
Meeting adjourned at 11:24 p.m.

Minutes Approved: May 01, 2024
_______________________________________
ANNA M. VELAZQUEZ, Mayor/Chair
________________________________________
MEGAN HUNTER, City Manager
43 44
Minutes
City of Soledad
Joint City Council/Successor Agency/Housing Authority/Successor Housing Agency/ Special Meeting
April 09, 2024

CALL TO ORDER
Mayor Velazquez called the Joint City Council/ Successor Agency/ Housing Authority/ Successor Housing Agency/ Regular Meeting to order at 6:30 p.m.

ROLL CALL
The Following Councilmembers/Agency members were present when the meeting was called to order:

Mayor/Chair Anna M. Velazquez
Mayor Pro Tem/Vice Chair Maria Corralejo
Councilmember/Agency Member Fernando Cabrera
Councilmember/Agency Member Fernando Ansaldo-Sánchez

THE FOLLOWING COUNCILMEMBER WAS ABSENT
None
PUBLIC COMMENT – CLOSED SESSION ITEMS
None

MEETING RECESS TO CLOSED SESSION
6:33 p.m.

CLOSED SESSION

1. The City Council of the City of Soledad will recess to closed session to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6. The employee organizations are the Soledad Police Officers’ Association (SPOA), SEIU Local 521 General Unit and SEIU Local 521 Mid-Management Unit and unrepresented employees.

MEETING RECONVIENED FROM CLOSED SESSION
7:00 p.m.

CLOSED SESSION REPORTS

1. City Attorney Mike Rodriquez reported with respect to item no. 1, the council met with its labor negotiators and the associations that are listed on the agenda; SPOA, SEIU Local 521, and SEIU Local 521 Mid Management Unit and provided some direction to its negotiators. No other reportable action was taken.
45 City of Soledad City Council/Successor Agency Special Meeting Minutes of April 09, 2024.

PLEDGE OF ALLEGIANCE
Beatriz Trujillo led the Pledge of Allegiance.

ADDITIONS/MODIFICATIONS TO THE AGENDA
City Manager Hunter reported two modifications to the agenda:

1. The change is not specific to the agenda; On the Consent item, Amendment No. 2 says it will expire April 6, 2024, but it will expire April 30, 2024.

2. On the 5th Where As clause, there is an extension of one year until April 2025.

PUBLIC COMMENT
None

CONSENT CALENDAR

1. Resolution No. 6068, A Resolution of the City Council of the City of Soledad Approving Task Order No. 2, Amendment No. 3 with Harris & Associates for City Engineering and Staff Augmentation Services and Authorizing the City Manager to Execute Said Amendment on Behalf of the City of Soledad
City Manager Hunter presented the staff report.

There were no public comments.

Motion: Councilmember Cabrera made motion to approve items C-10. Motion was seconded by Mayor Pro Tem Corralejo and carried by following vote:

Action
Ayes: Cabrera, Corralejo, Ansaldo-Sánchez, Velazquez
Noes: None
Abstain: None

Absent: None

BUSINESS
B-1. Resolution No. 6069, a Resolution of the City Council of the City of Soledad Approving a Contract for Construction Services with David Construction & Management, Inc. In an Amount of $749,685.13 Plus a 5% Contingency for a Total Not to Exceed Amount of $787,169 for the Soledad Community Center Modernization Project and Authorizing the City Manager to Execute said Contract on Behalf of The City of Soledad
Assistant Engineer Alex Ramos presented the staff report.

Councilmembers had various comments and questions.

There were no public comments.
46 City of Soledad City Council/Successor Agency Special Meeting Minutes of April 09, 2024.

Motion: Councilmember Cabrera made motion to approve Resolution No. 6063. Motion was seconded by Councilmember Ansaldo-Sánchez and carried by the following vote:

Action
Ayes: Ansaldo-Sánchez, Cabrera, Corralejo, Velazquez
Noes: None
Abstain: None

Absent: None

ADJOURNMENT
Meeting adjourned at 7:13 p.m.

Minutes Approved: May 01, 2024
_______________________________________
ANNA M. VELAZQUEZ, Mayor/Chair
________________________________________
MEGAN HUNTER, City Manager
47 SUBJECT: Warrants
054045 - 054283
TO: Honorable Mayor Velazquez and City Council
FROM: Darlene Noriega, Deputy City Clerk

COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager

MEETING
DATE: May 1, 2024
AGENDA ITEM NO. 2.
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 SUBJECT: Fire Department Activity Report
TO: Honorable Mayor Velazquez and City Council
FROM: Jason Luckenbach, Fire Department

COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager

MEETING
DATE: May 1, 2024
PUBLIC RELATIONS:
3/1/24 – E37 attended the Reading Event at San Vicente Elementary School 3/25/24 – E37 with CAL FIRE Public Relations attend the Career Fair and the College Career Fair at Soledad Middle School
SUSPECTED OPIOID INCIDENTS:
**April 2024 – No known Suspected Opioid Incidents
BUSINESS INSPECTIONS / PRE-PLANS:
(15) Business Inspections have been completed
Ø (5) Re-Inspections completed
Ø (6) Fire Department Pre-Plans completed
SIGNIFICANT INCIDENTS:

No significant incidents to report
AGENDA ITEM NO. 3.
73 Station 37 - Call Volume
10 115
6 3
5 139
12 103
6 4
9 134
0 20 40 60 80 100 120 140 160
Fires
Medicals
Traffic Accidents
Hazardous Conditions
Public Service Assists
Total Calls (Last 30 days)
Fires Medicals Traffic Accidents Hazardous
Conditions
Public Service
Assists
Total Calls
(Last 30 days)
Current 12 103 6 4 9 134
2023 10 115 6 3 5 139
MARCH 13TH - APRIL 13TH
Current 2023
74 SUBJECT: Community Engagement, Activity Report
TO: Honorable Mayor Anna Velazquez and City Council
FROM: Jesus Valenzuela, Community Engagement Manager

COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager

MEETING
DATE: May 1, 2024
Social Media for the month of March
Facebook
Reach: 31,800 people that saw our posts – 51.1% decrease Page Visits: 7,00 people visited our page – a 14.3% decrease New follows: 59 new follows
Total followers: 4,657
Soledad – 39.3%
Women – 69.%
Men – 31%
Most successful post: Las Viviendas Housing Workshop flyer – 20.1k reach Instagram
Reach: 3,900 – 26.8% increase from the previous report
Visits: 1,300–57.7% increase
New followers: 83 –10.7% increase
Total followers: 1,462
Soledad –44.5%
Women – 67%
Men – 33%
Most successful post: Summer Days Vendors video – 2.3k reach Twitter
Data for Twitter is currently unavailable
Roads Workshop
In collaboration with Public Works, Police, Fire, TAMC, and the County of Monterey, we held a roadway safety workshop that had over 20 people in attendance. We updated the community on some of our projects and got feedback. We also heard from the community what types of projects they want to see, including a Ciclovia.

AGENDA ITEM NO. 4.
75 Youth Summit
The OCE has been working with the Youth Commissioners to plan the inaugural South County Youth Summit. This summit will be held in conjunction with the Gonzales Youth Council and the Greenfield Youth Council. It is set for May 10 at Main Street Middle School in Soledad. The flyer and invitation will go out shortly. 540 Gabilan
The OCE is partnering with Community and Economic Development to launch a comprehensive survey on the 540 Gabilan property. We hope to discover what residents want to see on the property, and the results will help inform the RFP.

Mini-Grants
With the support of the Council, we have awarded four grantees in our first-ever minigrants program. We met with the grantees on April 23rd to go over the next steps and take photos for the media advisory.

Website
The OCE has been working with various departments to keep the website current. With the support of each department, we have set up the Media Ad Hoc Committee that meets every month to discuss how we can keep the community up to date on what the City is working on.
76 SUBJECT: Human Resources Activity Report
TO: Honorable Mayor Anna Velazquez and City Council
FROM: Francine Uy, Human Resources Manager

COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager

MEETING
DATE: May 1, 2024
Recruitments:

Assistant Engineer/Associate Civil Engineer (Flexible staffing; Management Analyst) City Engineer (Flexible staffing; Water Resources Manager) Police Officer
Recreation Leader I/II
Water Reclamation Shift Supervisor
Vacancies:
(1) Assistant Engineer/Associate Civil Engineer
(1) City Engineer
(1) Facilities Custodial Lead (PT/Seasonal) - Paused
(4) Police Officer - Two currently attending Police Academy (1) Water Reclamation Shift Supervisor - Incumbent temporarily filling position Temporary Staffing:
(1) Water Reclamation Chief Plant Operator
(1) Office Assistant (Building Permits)
(1) Office Assistant (Police)
AGENDA ITEM NO. 5.
77 SUBJECT: Parks and Recreation Activity Report
TO: Honorable Mayor Velazquez and City Council
FROM: Jessica Potts, Recreation Manager

COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager

MEETING
DATE: May 1, 2024
AGENDA ITEM NO. 6.
78 Difference Difference
Fitness Gym Fitness Gym Fitness Gym
Adult – Drop-in 214 639 298 739 84 100
Youth & Teen – Drop-in 506 911 536 1066 30 155
Senior – Drop-in 3 2 6 53 3 51
Adult – Membership 2019 0 2820 0 801 0
Teen – Membership 1227 0 1466 0 239 0
Youth – Membership 34 0 38 0 4 0
Youth Mini – Membership 0 0 0 0 0 0
Senior – Membership 199 0 267 0 68 0
Employee – Membership 80 0 87 0 7 0
Family – Membership* 349 0 334 0 -15 0
Totals 4631 1552 5852 1858 1221 306
2nd Qtr 3rd Qtr Difference
105 57 -48
448 188 -260
13 0 -13
137 588 451
60 0 -60
21 12 -9
37 72 35
152 71 -81
0 0 0
? ? ?
? ? ?
? ? ?
973 988 15
Difference Difference
Fitness Gym Fitness Gym Fitness Gym
Adult – Membership 95 129 34 0
Adult – Couple 2 9 7 0
Teen – Membership 55 62 7 0
Youth – Membership 5 4 -1 0
Youth Mini – Membership 0 0 0 0
Senior – Membership 15 23 8 0
Family – Membership* 23 26 3 0
Employee 19 18 -1 0
Totals 214 0 271 0 57 0
*(# of individuals based on a family size of 4)
Camp: Ages 5-12 (Summer/Seasonal School Breaks)
Recreation Staff Report
January 1 – March 30 – 3rd Quarter
Memberships & Drop-In Usage (Daily Check-in)
2nd Quarter 3rd Quarter
6183 7710 1527
Program Report
Programs/Outreach (Registered Participants)
Pre-K Programming (Art & Science, Jr Sports): Ages 2-5
Youth Programming (Art & Science & Drama): Ages 6-17
Membership Report
Youth Sports: Basketball, Soccer, Flag Football, Volleyball, Clinics, etc. (5-13) Special Needs: Art, Play & Explore, Sports League
Adult Programs: (Sports, Art)
Fitness Classes
Senior Activities: Social, Bingo, Art, Fitness
Special Event/Activity:

City Sponsored/Waiver: (Celebration Nation-monthly)
School District Use:

City Use/SPR Partner:

Total
Active Community Center Memberships
2nd Quarter 3rd Quarter
214 271 57
79 Program Sampling January - March 2024
Winter Basketball - Boys Division Spring Break Camp
Easy Baking Class - Ages 6-12 Tiny Chefs - Ages 2-5
Ballet Class - Ages 6-7 Digital Art Class - Ages 6-12
80 Fitness Gym Total Usage
63 149 212
223 389 612
2 0 2
954 954
511 511
15 15
0 81 81
22 22
105 105
1976 538 2514
14 36
0 244
0 0
71 45
0 410
Fitness Gym
129
9 62
4 23
26 18
271 0
* (# of individuals based on a family size of 4)
Adult – Membership
Adult – Couple
Teen – Membership
Youth – Membership
Youth Mini – Membership
Senior – Membership
Family – Membership*
Employee
Totals
March 31, 2024 Active Memberships Total 271
Fitness Classes
Adult Activities: Basketball - (Games 1 day a week)
Senior Activities: Social (monthly program- ttl), Senior Computer Class Special Event/Activity: Easter Celebration (Lg events Attend unknown) City Sponsored/Waiver: (Celebration Nation-monthly)
School District Use:

City Use/SPR Partner: (Election Polling, Truck Route Mtg (2), Budget Wkshp, Mtg. Congresswoman, ADU Wkshp, Hot Summer Days Mtg)
**ttl= #check-ins (daily served) reg= # registered
Estimated Program/Outreach Served Total
Membership Report
Community Center Active Membership
Special Needs:

Employee – Membership
Family – Membership
*Discontinued Gym Membership due to program time decreasing available open gym time.

Total March 2024 Usage 2514
Program Report
Programs/Outreach (Registered Participants)
Pre-K Programming (Art & Science, Jr. Sports): Ages 2-5 (weekly-reg) Youth Programming (Art & Science & Drama(3 times a week)): Ages 6-17 (weekly-reg) Camp: Ages 5-12 (weekly-seasonal. Camp-25 max, + After Camp Program-ttl) Youth Sports: (5-13, Co-Ed, wkly practice & games- reg) (Winter Basketball, Spring Volleyball) Senior – Membership
Recreation Staff Report
March 2024
Memberships & Drop-In Usage
Adult – Drop-in
Youth & Teen – Drop-in
Senior – Drop-in
Adult – Membership
Teen – Membership
Youth – Membership
Youth Mini – Membership
81 PROGRAMS OF NOTE
-
-
-
-

COLLABORATIONS/OUTREACH/GENERAL
-
-
-
-
-
-
-
-
-
-
-
FACILITIES Council Waiver City/SPR
Use Rented
Sports Fields - Little League, Soccer Orgs, SMRD 0 0 811 SCC Facility-Celebration Nation, PD Cops Giving Tree, FHL Mtg, PW, HR, Day of Dead Gen Plan
3 28 25
Booked Completed Pending
General Public Event Rentals 0 2 4
Digital Art Program Ballet Program
Bi-monthly P&R Master Plan Meetings as well as ongoing work and side-meetings related to the process.

Periodic Advisory Committee Meetings.

General operations, facilities upkeep, staff management Hours Used
Volleyball begins / Flag Football Reg Begins
Launch of Digital Arts Class using ARPA funded Computer Lab Introduce new and continued ongoing monthly program sessions Meeting with San Andreas Regional Center regarding partnership for providing programs to person with special needs
Meeting re: Miramonte parks system
Bidder Walkthrough for Kitchen project
Meet with Special Kids Connect regarding program partnership opportunities Meeting with CAPSLO regarding child care options
Meeting with Monterey County Health Department regarding senior programming partnership Meeting with the Wahine Project organization to discuss partnership for summer camp, families, persons with special needs
Attending city leadership training
Meeting with Behavior Breakthrough regarding program partnership opportunities Monthly SoCoSocial Luncheon/Holiday Luncheon
82 SUBJECT: Public Works Activity Report
TO: Honorable Mayor Velazquez and City Council
FROM: Donald T. Wilcox, Public Works Director, Alex Ramos, Assistant Engineer

COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager

MEETING
DATE: May 1, 2024
Projects and Activities
City-wide Roads and Safety Improvements
The Public Works Department in collaboration with TAMC, TL Engineering, and Community Engagement, hosted a public event at the Community Center on April 10 to talk about important and interesting topics such as the truck route, West Street Road Diet and Complete Streets, and future ATP Grant funded safety improvements.

Capital Improvement Program and Budget
PW Staff is currently reviewing and updating the CIP for next year’s budget and is excited for what’s to come in the next fiscal year! Projects out for Bids (Planetbids) Updates:

Front Street Maintenance Project
Front Street Maintenance Project is currently out to bid with an updated bid due date of April 24th, 2024!
WRF Metal Storage Building Project
The Metal Building bid due date closed on April 4, 2024, and resulted in the City receiving five (5) bids! The lowest bid came in at $575,000 from Plummerbuilt Inc. and will be tentatively awarded at the May 1st Council Meeting.

Crack Seal Project
The Crack Seal Project is currently out to bid and has an anticipated bid due date of April 17th, 2024!
Wastewater Reclamation Facility Assessment and Improvement Project The WRF Assessment and Improvement Project is officially out to bid with a due date of May 1st, 2024!
Pre-Engineered Metal Building (Fire Apparatus Bay)
The Fire Apparatus Bay Building is officially out to bid with a bid due date of May 2nd, 2024!
AGENDA ITEM NO. 7.
83 Water Department Activities
Cross Connection Control Backflow Inspection
PW Staff performing inspection on Backflow installations required by the State.

Combo Truck Training
PW Staff training new staff on how to use the Combo Truck and its features to ensure safety when operating the equipment and having extra staff familiarize themselves for future use or emergencies.

Repairs
Tank Hatch Repairs – PW Staff repaired the tank hatch at the Pinnacles Tank located at the foothills to prevent a safety incident from occurring and ensure there is no entry of a foreign substance or objects.

Storm Drain Grate - PW Staff repaired the storm drain grate to prevent accidents and ensure public safety!
Hydrant Flushing
PW Staff perform this exercise to verify the proper operation of hydrants to ensure they are working properly in the event of an emergency, flush the system to remove minerals and sediment build-up found in the water mains to deliver the highest quality water possible to the City residents.

Water Tank Rehab Project
PW Staff working towards completing the Water Tank Cleaning (Rehab) Project for bidding!
Water Reclamation Facility Activities:

Camera System Installation
PW Staff recently installed the new Aries HD Television System onto the Camera Van and is eager to start being put into service! Safety Training Event
Lock-Out/Tag-Out & Arc Flash Awareness Training for the South County Public Works Safety Group on April 17, 2024!
WRF Repairs
Electrical repairs completed at the screw-press motor. Old wires to be replaced and reinstalled in the section leading to the screw-press motor.

PW Staff completed repairs out in the UV Maintenance.

Army Corps Visit
PW Staff met with the Army Core Rep Fanny Chan to discuss the status of the WRF Levee and the warranted repairs as a result of the major storms that occurred in the previous years.
84 Figure 1 - Cross ConnecƟon Backflow InspecƟon
85 Figure 2 - Combo Truck Training
86 Figure 3 - Tank Hatch Repairs
87 Figure 4 - Storm Drain Repairs
88 Figure 4 - Storm Drain Repairs
89 Figure 5 - Hydrant Flashing
90 Figure 6 – Lock-Out/Tag-Out & Arc Flash Awareness Training for the SCPW Safety Group 91 SUBJECT:

Community/Economic Development Dept. Activity Report
TO: Honorable Mayor Velazquez and City Council
FROM: Kao Nou Yang, Community and Economic Development Director

COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager

MEETING
DATE: May 1, 2024

ECONOMIC DEVELOPMENT UPDATES
CDBG BUSINESS ASSISTANCE LOAN PROGRAM:

The first business loan was issue in April in the amount of $245,000 to the new Ace Hardware Store located on Front Street. There is currently $452,500.00 in loan funding that is available for business loans.

Staff will be doing a presentation on the CDBG Business Loan Program at the upcoming June Council Meeting.

BUSINESS ENGAGEMENT & EVENTS:

On April 14, Economic Development staff participated in the Pajaro Valley CDC’s ‘Dia del Empresario Latino’. The event was well-attended and featured a range of workshops covering essential topics such as Access to Capital, Launching Your Food Business, and Elevating your Business Technological Resources.

On April 27, 2024, Economic Development staff participated in and supported the grand opening of the new Ace Hardware Store, in collaboration with Soledad Merchants.

Our team is steadfast in its support of the Police Department for the eagerly awaited Hot Summer Days Event scheduled for July 6, 2024, all along Front Street. Furthermore, the event's promotion is already underway on the city’s website and the See Monterey website. Links below:
https://www.cityofsoledad.com/2024/03/25/soledad-hot-summer-days-2024/ https://www.seemonterey.com/event/soledad-hot-summer-days/11354/ AGENDA ITEM NO. 8.
92 With the aim to bolstering tourism and stimulating the local economy the local economy, staff is actively strategizing a new autumn event, alongside exploring additional approaches to draw tourist to our beautiful city.

CAFECITO WITH ECONOMIC DEVELOPMENT:

On April 25, 2024, staff held another session of 'Cafecito with Economic Development'.

This event showcased a presentation by our Public Department regarding the forthcoming redevelopment of our downtown corridor.

FRONT STREET CONTAINER VILLAGE PROJECT:

Staff has been collaborating with the Monterey Art's Council to integrate an art component into our downtown revitalization efforts. Currently the City is working in timeline with the Front Street maintenance project to ensure that infrastructure are stubbed and implemented.

MONTEREY COUNTY BUSINESS COUNCIL - SBDC SATELLITE OFFICE:

The City of Soledad has been chosen as one of the sites for the new SBDC Satellite Office. The SBDC expects to commence offering business support services by early May 2024. They will be at the Soledad Gateway on the first Tuesday of every month.

HOUSING PROGRAM UPDATES
SOLEDAD RIVERBED ENCAMPMENT HEALTH AND SAFETY DAY:

CED received $25,000 for the County of Monterey to coordination the efforts for the Soledad Riverbed Encampment Health and Safety Days. CDE staff has coordinated with the Police Department, Public Works and CalFire to ensure clean-up efforts run smoothly.

The residents of the encampment have been informed of the scheduled Health and Safety Days, and they have been cooperative and responsive.

ENCAMPMENT RESOLUTION FUND (ERF):

The State has announced ERF-3 awards, and the County of Monterey’s was awarded. The award allocated to the City of Soledad riverbed encampment is $4.7 million. This grant will support comprehensive strategies into stable and secure housing for encampment residents.
540 GABILAN – AFFORDABLE HOUSING:

CED has been preparing to launch a community engagement campaign that will guide the scope of work for the 540 Gabilan RFP. The community engagement plan includes an online survey and 3 pop-ups. CED’s goal is to receive at least 300 responses by mid-May. 2015-2023 HOUSING ELEMENT ANNUAL PROGRESS REPORT:

Housing staff submitted the 2023 Housing Element APR on April 29, 2024. HCD 93 accepted and approved the 2023 APR on April 12, 2024.

PLANNING DIVISION UPDATES

SOLEDAD GENERAL PLAN
The City is continuing to work with Place works Inc. to create the 2045 General Plan for Soledad. Staff is currently working on the Vision and Guiding Principles. Staff is planning to present the final draft to the City Council on May 1st, 2024. You can find all the information about the General Plan on the website www.soledadgeneralpan2045.com, or you can get the material at City Hall.

SOLEDAD HOUSING ELEMENT:

On March 7, 2024, the City received final comments of our first draft from HCD and Staff is currently working on edits. On April 11, 2024, we routed our 2nd Draft of the Soledad Housing Element before submitting to HCD on April 18th, 2024. We anticipate having an approval letter or comments back from HCD within 60 days. All the housing element material is available on our website at www.soledadgeneralplan2045.com/housingelement/ SOLEDAD MARKETPLACE:

On March 14, 2024 the Planning Commission unanimously approved the Site Plan and Architectural Design for a new Tractor Supply. Tractor Supply anticipates to submit construction plans before the end of this year. The property owner/developer for the Soledad Marketplace obtained approval by the City Council on April 3rd, 2024 for the Final Map. This step is important as it aids the development of the shopping center and ongoing leases. DaVita and Dutch Bros is currently under construction. Dutch Bros is also in construction and is expected to open within the next couple of months.

PANDA EXPRESS:

The grading and building permits have officially been issued and they are ready to break ground.

HOLIDAY INN:

Staff received a Conditional Use Permit for a new hotel (Holiday Inn) at 800 Los Coches Rd. The Planning Commission unanimously approved on March 14th, 2024 the Conditional Use. The project applicant is working on a Site Plan and Architectural Design plan that is anticipated to go back to Planning Commission by June 2024.

SUHSD HOUSING PROJECT:

Staff will be working with SUSD to proceed with the construction process as soon as full plans are submitted. Applicant is aware that all Plan Checks from now until ownership are At-Risk Plan Checks.

MIRAMONTE (FORMER MIRAVALE III):
94 Staff continues to work on the Certification of Completion with LAFCO. Our City Manager, Megan Hunter has been the lead in LAFCO meetings to address the ag conservation easement efforts. Staff will continue to fulfill LAFCO requirements.

BUILDING DEPARTMENT UPDATES
Please see the attached building permit log
95 Permit List
47 Records
Permit # Issued Any Parcel Address Site Address Type Project Description Valuation Totals 240053 04/02/2024 1177 SAN ANTONIO 1177 SAN

ANTONIO

ACCESSORY
STRUCTURE COVERED PATIO OUTDOOR KITCHEN 352 SQ FT $5,000.00 240102 04/03/2024 983 Front Street 983 Front Street

COMMERCIAL
PLUMBING 983,985,987,989 FRONT ST. BACKFLOW INSTALLATION $800.00 240103 04/03/2024 980 BRYANT

CANYON RD
980 BRYANT

CANYON RD

COMMERCIAL

ELECTRICAL
ELECTRICAL Main Panel Upgrade - Need Power Shut
Down Temporary
$10,000.00
240103 04/03/2024 UNKNOWN 980 BRYANT

CANYON RD

COMMERCIAL

ELECTRICAL
ELECTRICAL Main Panel Upgrade - Need Power Shut
Down Temporary
$10,000.00
240075 04/05/2024 3046 H. DeLaRosa
Sr. Street
3046 H.

DeLaRosa Sr.

Street

NEW COMMERCIAL
SIGN
Install 2 business signage - MICHOACANA QUE BONITA
37"x125" & 48"x120" $5,000.00
240089 04/05/2024 280 3RD ST 280 3RD ST RESIDENTIAL REROOF To repair-in-kind fire damage to include re-roof, facia remove and replace, fence repair, remove and replace 2
retrofit windows, paint
$20,000.00
240105 04/05/2024 845 MARKET ST 845 MARKET ST RESIDENTIAL REROOF REROOF 2100 SQ FT REMOVE EXISTING, REPLACE WITH
SHINGLES $15,000.00
240098 04/08/2024 128 Kidder Street
128 Kidder
Street

COMMERCIAL
PLUMBING INSTALLATION OF A BACKFLOW DEVICE $8,500.00
240108 04/08/2024 274 Kidder Street
274 Kidder
Street

COMMERCIAL
PLUMBING INSTALLATION OF A BACKFLOW DEVICE $3,000.00
240111 04/09/2024 1185 FRONT ST 1185 FRONT ST COMMERCIAL PLUMBING INSTALLATION OF BACKFLOW PREVENTOR $3,000.00
TUP24004 04/09/2024 973 Vista De Soledad
Street
973 Vista De
Soledad Street

TEMPORARY USE

OF LAND PERMIT
Fund-raising Carnival at Frank Ledesma Elementary April 25-28
96 Permit # Issued Any Parcel Address Site Address Type Project Description Valuation Totals 240092 04/10/2024 504 SAN FERNANDO 504 SAN

FERNANDO

SOLAR / PV
SYSTEM Pv roof mount(3.200kw)( 8 panels) 1 ess $13,008.00 240104 04/10/2024 1040 Santa Inez 1040 Santa Inez SOLAR / PV SYSTEM SOLAR/ PV SYSTEM 6 MODULES/2.220KWP $10,200.00
240112 04/10/2024 500 MALMFELDT
CIR
500

MALMFELDT
CIR

RESIDENTIAL

WATER HEATER
replace 40 gal. gas tank water heater with gas tank water heater, same location. $2,395.00
240119 04/10/2024 214 5TH ST 214 5TH ST SOLAR / PV
SYSTEM ROOF MOUNT PV SYSTEM 10 MODULES / 4.00 KW $10,000.00 240060 04/11/2024 509 TOLTECA CIR 509 TOLTECA
CIR

SOLAR / PV
SYSTEM SOLAR PV INSTALL 8 MODULES/13.5Kwh/BATTERY $18,000.00 240113 04/11/2024 1000 Front Street
1000 Front
Street

COMMERCIAL

PLUMBING
Replacement of irrigation backflow and Installation of
new domestic Backflow Device, backlfow blankets, and
protective cages/concrete pads for cage
$6,750.00
240120 04/11/2024 273 OAK ST 273 Oak Street
RESIDENTIAL REROOFREROOF 1800 SQ FT REMOVE EXISTING, REPLACE WITH SHINGLES $2,000.00
240121 04/11/2024 1441 MONTEREY ST 1441

MONTEREY ST

RESIDENTIAL

ADDITION OR

REMODEL
REPLACE WINDOWS 4X4 WITH STUCCO $400.00
240035 04/12/2024 522 CALLE

VALVERDE
522 CALLE

VALVERDE

NEW SINGLE
FAMILY DWELLING GARAGE 453, PORCH 56 = TOTAL 2,640 SQ. FT. $385,715.48 240036 04/12/2024 524 CALLE

VALVERDE
524 CALLE

VALVERDE

NEW SINGLE
FAMILY DWELLING GARAGE 451, PORCH 331 = TOTAL 2,585 SQ. FT. $348,899.59 240037 04/12/2024 526 CALLE

VALVERDE
526 CALLE

VALVERDE

NEW SINGLE
FAMILY DWELLING GARAGE 479, PORCH 47 = TOTAL 2,520 SQ. FT. $364,109.92 240038 04/12/2024 528 CALLE

VALVERDE
528 CALLE

VALVERDE

NEW SINGLE
FAMILY DWELLING GARAGE 476, PORCH 35 = TOTAL 2,949 SQ. FT. $436,704.55 97 Permit # Issued Any Parcel Address Site Address Type Project Description Valuation Totals 240039 04/12/2024 530 CALLE

VALVERDE
530 CALLE

VALVERDE

NEW SINGLE
FAMILY DWELLING GARAGE 479, PORCH 41 = TOTAL 2,514 SQ. FT. $363,724.78 240110 04/15/2024 235 Nestles Road 235 Nestles
Road

COMMERCIAL
PLUMBING Backflow Installation $9,000.00
240115 04/15/2024 155 KIDDER STREET
155 KIDDER
STREET

COMMERCIAL
PLUMBING INSTALLATION OF A BACKFLOW DEVICE $1,500.00
240117 04/15/2024 136 Dixi Street 138 Dixi Street

COMMERCIAL
PLUMBING INSTALLATION OF A BACKFLOW DEVICE $1,500.00
240117 04/15/2024 138 Dixi Street 138 Dixi Street

COMMERCIAL
PLUMBING INSTALLATION OF A BACKFLOW DEVICE $1,500.00
240118 04/15/2024 235 WEST STREET
235 WEST
STREET

COMMERCIAL
PLUMBING INSTALLATION OF A BACKFLOW DEVICE $1,500.00
240133 04/15/2024 1441 MONTEREY ST 1441

MONTEREY ST

RESIDENTIAL
WALL HEATER Single wall heater change out 35K BTU $2,000.00 240135 04/15/2024 480 BELLE ST 480 BELLE ST SOLAR / PV
SYSTEM
19 MODULES, 5 KW SOLAR SYSTEM, W/ STORAGE
SYSTEM $41,500.00
240137 04/15/2024 2370 Relleum Drive
2370 Relleum
Drive

COMMERCIAL
PLUMBING INSTALLATION OF A BACKFLOW DEVICE $6,000.00
240106 04/16/2024 104 INCA DR 104 INCA DR ACCESSORY

DWELLING UNIT
GARAGE CONVERSION TO ADU OF 406 SQFT $41,200.88
240106 04/16/2024 104 Inca Drive 104 INCA DR ACCESSORY

DWELLING UNIT
GARAGE CONVERSION TO ADU OF 406 SQFT $41,200.88
240139 04/16/2024 859 MORA CIR 859 MORA CIR RESIDENTIAL PLUMBING Water treatment permit $8,750.00
TUP24006 04/16/2024 919 MONTEREY ST 945 MONTEREY
ST

TEMPORARY USE

OF LAND PERMIT

PROVIDE SERVICE FOR FREE GOVERNMENT MEDICARE

CELL PHONES (BINGO MARKET PARKING LOT)
98 Permit # Issued Any Parcel Address Site Address Type Project Description Valuation Totals TUP24006 04/16/2024 945 MONTEREY ST 945 MONTEREY
ST

TEMPORARY USE

OF LAND PERMIT

PROVIDE SERVICE FOR FREE GOVERNMENT MEDICARE

CELL PHONES (BINGO MARKET PARKING LOT)
230143 04/17/2024 447 NESTLES ROAD 600 NESTLES
ROAD

NEW COMMERCIAL

BUILDING
NEW 2,669 SQ. FT. PANDA EXPRESS RESTAURANT
W/DRIVE-THRU $548,879.85
240091 04/17/2024 380 VALLEY RIDGE
ST
380 Valleyridge
Street

RESIDENTIAL

ADDITION OR

REMODEL
Add extra space to main home from ADU/Romove Wall $850.00 240143 04/17/2024 622 REGINA DR 622 REGINA DR RESIDENTIAL REROOF REMOVE EXISTING, REPLACE WITH SHINGLES $9,000.00 240116 04/18/2024 136 Dixi Street 136 Dixi Street

COMMERCIAL
PLUMBING INSTALLATION OF A BACKFLOW DEVICE $1,500.00
240136 04/18/2024 148 Main Street 148 Main Street

COMMERCIAL
PLUMBING INSTALLATION OF A BACKFLOW DEVICE $1,500.00
240138 04/18/2024 148 NESTLES RD 148 NESTLES
RD

COMMERCIAL
PLUMBING INSTALLATION OF A BACKFLOW DEVICE $1,500.00
240140 04/18/2024 919 MONTEREY ST 945 MONTEREY
ST

COMMERCIAL
PLUMBING Installation of Back-flow Preventer AT BINGO MARKET $2,500.00 240140 04/18/2024 945 MONTEREY ST 945 MONTEREY
ST

COMMERCIAL
PLUMBING Installation of Back-flow Preventer AT BINGO MARKET $2,500.00 240141 04/18/2024 836 MONTEREY ST 836 MONTEREY
ST

COMMERCIAL
PLUMBING Backflow Preventer Installation AT DELICIAS BAKERY $2,500.00 240142 04/18/2024 555 FRONT ST 555 FRONT ST COMMERCIAL
PLUMBING Backflow Preventer Install AT PRONTO DOLLAR $2,500.00 240142 04/18/2024 585 FRONT ST 555 FRONT ST COMMERCIAL
PLUMBING Backflow Preventer Install AT PRONTO DOLLAR $2,500.00 240142 04/18/2024 FRONT ST 555 FRONT ST COMMERCIAL
PLUMBING Backflow Preventer Install AT PRONTO DOLLAR $2,500.00 99 Permit # Issued Any Parcel Address Site Address Type Project Description Valuation Totals 240144 04/18/2024 1050 STATE ST 1050 STATE ST COMMERCIAL PLUMBING Backflow Preventer Install $2,500.00
240146 04/18/2024 500 MAIN ST 500 MAIN ST RESIDENTIAL REROOF REMOVE EXISTING, REPLACE WITH 30YR COMP
SHINGLES $15,000.00
240147 04/18/2024 538 INDIAN

WARRIOR WAY
538 INDIAN

WARRIOR WAY
RESIDENTIAL REROOF REMOVE EXISTING, REPLACE WITH COMP. SHINGLES $1,700.00 240148 04/19/2024 1415 Viento Street
1415 Viento
Street
RESIDENTIAL REROOF REMOVE EXISTING, REPLACE WITH SHINGLES $7,000.00 240149 04/22/2024 1246 WEST ST 1246 WEST ST RESIDENTIAL REROOF REMOVE EXISTING, REPLACE WITH SHINGLES 30 YR $10,000.00 100
SUBJECT: Police Department Activity Report
TO: Honorable Mayor Velazquez and City Council
FROM: Damon C. Wasson, Chief of Police

COUNCIL COMMUNICATION
THROUGH: Patricia Alviar, Records Supervisor

MEETING
DATE: May 1, 2024
AGENDA ITEM NO. 9.
101
tl
SOI,EDAI) I'()I,I('I.] DEPARTMENT
Monthly Crime Datc and Calls for Service 2024
Jarr. Actirity !'cb. March April M"y Junc July Aug. SepL ()ct. Nov. l)cc Yearly Totals
Murder/Auempted Murder00
0 Sexual Assault
0 I 0
1 Armed Robbery
000
0 Strong Arm Robbery
0 I 0
0 Aggralzted Assault3 I 4 I
Domestic Violence .5
22 4
Arson
000
0 Burglary
000
2 Larceny
000
0 Auto Theft
222 I
TraIfi c Citations/Wamings Issued 115 ll3 110 61
cr1 Tota.l Arrests 19 25 l9
Dogs Impounded0
4 0
8 Cats & Other Impounds5 I 0
2 Animals transported to SPCA4
4 0
4 Code Enforcement Contacts 143 134
Community Policing 185 184
Victim Advocate Contacts 13 47 83
Total Ca]ls for Service 1,479 1,299 r,075 t,057
1'O'I'AI, MoN'I'H I,Y AC'I'IVI-I'Y 2,0lri l,(il'tu l,532 1,563 I

IITIIIIII IIIIIIIII IIIITIIII IIIIIIIII IIIITIIII IIIIIIIII IIITIIIII IIIIIIIII IIIIIIIIT IIIIIIIII TIIIITIII IIIIIIIII IIIIIIIII IIIIIIIII IIIIIIIII IIIIIIIII ITIIIIIII ITTIIIIII IIIIIIIII IIIIIIIII 172 t78
r24
2L0
102
SOLODAD I'oI ICE DT]PARTMENT
STAf'tII,ic I-E!'EI-S
Authorizrd Swo,,- (20) NonSwom (6)
Morttlr Activc Strcct Rcady
Disablctl
F'IO
Academy
Administrative
kave
Backgorurd
Norr-Sworn Norr-Sworrr
Vacarrr:ics
'l-otal Authorized
StaJI'
July 1.5 2 3 0 (; 26
August l.t 2 3 0 (i 0 26
Scptembcr l5 2 o 0 (t 0 26
Octobcr t2 4 2 I 7 0 26
Novemlrcr t2 ,1 2 I 7 26
Deccrnbcr t2 4 2 I 7 26
Ja.uuary t2 4 2 I 7 0 26
Febmary t2 4 2 I 7 0 26
March l2 4 2 I 7 26
April t2 4 2 I 7 0 26
Mry
June
Sworn Vaczurcics
0 0
0 0
103
ffi O3/2L/2O24 to
04/22/2024 2024
Soledad Police lrep.rtment

GOMMUNITY POLIGING REPORT
Citizen Contacts: Officers have Eade approximately 60+ outreach contact3 during this reporting period.

Business Checks: officers conducted 46 business outreach contacts Apart8ent/Residential contacts: officers made 18 contacts rith residents on ire1l-b€ing checks.
schools: officers conductcd 14 ralk-throughs and drive-bys 31 times as part of school zone enforcement throughout Traffic Enforcement Unit. Special attention continueE around the school vith the Traffic Unit.

City Plrka: Continuous patrol and 13 waLk-through8, r.ith park visitor contacts made .

Youth outreach: Numerous chiLdren $ere
goodie bags, and teddy bears.
contacted by tho provided stickers,
Farner's Market: Attended on 0{,/11 and 04/18 conducting outreach.

Speciat Events: 3e AnnuaL Soledad Ilot SurtlmeE Days CaEshor planning has begun.

Facebook: 1100 Likes, 70 Conrnents, 91 Shares, 5023 times photos viered, 3L,'199 People Reached. we currently have 10,525 Followers, and this nunrber increases monthly and is attributed to the hard rork of, the department's various units, as xell a6 our outreach in person and on social media.
churches: on-going visitE of all churches throughout the city. volunteer/Reserve/Explorer Units: Reserve Officers donated 11 hours, Unit donated 15 hours and the Explorer Unit donated 8 hours in Ehig period.

Voluntee!
reporting
art\.i;P'la
Prepared by: Deputy Chief Fred J. Lombardi
104
Victim Assistance Advocate activity report- C. Zamudio
March 22, 2O24 - April22,2024
Referral Services: 01
On-scene crisis response: 04
Community Outreach: 25
Schools visited: 07
Other Details:41
TOTAL:83
I
Victim Advocate Training: 05
105
d m Code Enforcement Activity Report
Vehicles Tagged - Public Roadway: 19
Vehicles Tagged - Private Property Enforcement: 05
Vehicles Towed: 06
Municipal Code lssues: 16
Citizen Complaints:09
ParkinB Citations lssued: 04
Commercial Enforcement:10
Other Calls for Service:55
March 20, 2023 - April 22,2023
TOTAL CALLS FOR SERVICE: 134
Prepared by: P. CELAYA
tt"''
106
Animal Control Activity Report
Missing Animal Report - 0
Neighbor Animal Complaint/Welfare Check Request - 4
lssued Citations/Warning Citations - 0
Dogs Taken into Custody - 8
Cats Taken into Custody - 2
Other Animals taken into custody - 0
Animal Bites - 0
Deceased Animals - 2
Citizens Verbally Warned - 1
Humane Education/Referrals- 0
Cat Trap Request - 1
Unable to Locate/No Merit - 51
Dog License - 8
Other Details - 67
Animal Returned to Owner - 1
SPCA Transport - 4
Community Policing -0
Breeder's License Applications received/Permits issued - 0 Contacts re: Breeding - 0 Note:

March 23, 2023 - April 22,2024
Prepared by: J, Escarsega E00579
TOTAL CALLS FOR SERVICE: 149
-o\ I {) tz,
,,
r r i..\
107
SUBJECT: Resolution No. 6072, a Resolution of the City Council of the City of Soledad Approving the Consulting Services Agreement with Wallace Group for Construction Management and Inspection Services for the Front Street Maintenance Project and Authorizing the City Manager to Execute Said Agreement For $299,830 Plus a 10% Contingency for a Total Not to Exceed Amount of $329,813
TO: Honorable Mayor Velazquez and City Council
FROM: Donald T. Wilcox, Public Works Director, Alex Ramos, Assistant Engineer
MEETING DATE: May 1, 2024

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 10.

Recommendation
It is recommended that the City Council of the City of Soledad Consider and Adopt Resolution No. 6072, “Approving the Consulting Services Agreement with Wallace Group for Construction Management and Inspection Services for the Front Street Maintenance Project and Authorizing the City Manager to Execute said Agreement for $299,830 plus a 10% Contingency for a Total Not to Exceed Amount of $329,813”.

Executive Summary
To facilitate a successful project delivery, the City of Soledad will utilize construction management and inspection services to supplement city staff on major construction projects and provide construction oversight. Staff selected Wallace Group from the city’s on-call consultant list to prepare a formal proposal for this project as staff has determined that Wallace Group has the experience and a team of qualified professionals to perform the services required for this project. Therefore, staff recommends approval of a consulting services agreement with Wallace Group for the Front Street Maintenance Project for $299,380 plus a 10% Contingency in the amount of $29,938 for a total not to exceed amount of $329,813. The City’s standard consulting service agreement form is to be used.

Background
Front Street is an existing two-lane arterial that runs from H De La Rosa (4th Street) to Moranda Road, paralleling Highway 101 and spans about 1.5 miles in length. Over the years, Front Street has undergone a major revamp as part of the 2003 Front Street Revitalization Project in which a portion of the street corridor from Benito St. to East St. provided two 14’ travel lanes, diagonal parking on both 108
sides, decorative streetlights in the downtown corridor, a 10’ landscape median, 14’ sidewalk on the west and 10’sidewalk on the east. Additionally, curb extensions (bulb-outs) were included and located at five intersections with benches and seating opportunities along with colored, decorative concrete sidewalks.

Due to existing tree root uplift, significant curb, gutter, and sidewalk areas have been damaged, resulting in drainage issues, ADA and pedestrian accessibility issues, and even preventing certain businesses from opening their front doors. Bollards at the curb extensions are in disrepair, offer minimal useful lighting at night for pedestrians, and are too bright at road level for vehicles. Four traffic signal lights are located along the corridor at San Vicente Road, East Street, Oak Street, and Nestles Road. North of Benito St. and south of East St., the street geometrics include center turn pockets, bike lanes, parallel parking, and standard curb, gutter, and sidewalk.

On August 3, 2022, City Council approved the consulting services agreement Task Order No. 4 with Harris & Associates to Provide Engineering Support Services for the Front Street Maintenance Project for $221,079. This project is currently out to bid with an engineer’s estimate of probable construction costs of $4,059,748, and construction is anticipated to begin in the summer.

Review & Analysis
Under resolution No. 5698, the City Council approved a list of on-call professional services consultants to provide more flexibility to City staff for required infrastructure upgrades or repairs and increase efficiencies with the established list of qualified professional services contractors.

Staff has selected The Wallace Group from the city’s on-call consultant list as they have the firm experience and team of qualified professionals to perform the services required for the project and are next in rotation for City projects. Wallace Group has previously provided CM services to the City of Soledad for the Dixi Street Sewer and Water Replacement Project, as well as other projects with multiple other agencies in California.

The Construction Management and Inspection Services will provide support to the City during the construction phase of the project. On major projects of this magnitude, Staff has typically sought these services from qualified firms, such as the Wallace Group; this is especially the case considering a significant amount of the construction work will be done in the Downtown Area where many of our local businesses and future anticipated Shipping Container Park are located. As such to ensure that we have a successful project and product, Staff recommends that City Council approve this Consulting Services Agreement.

Financial Considerations
This project will span FY 23-24 and FY 24-25. Funding for this project shall be from the Measure X Fund Capital Projects: 210-7160-5632, which has a currently projected FY 23-24 ending fund balance of $4,655,162, and an additional anticipated FY 24-25 revenue of $675,000 for a total revenue of $5,330,162 and a total project cost of $4,432,545 including 10% contingency. A Front Street landscape refresh and arts and amenities project is also under design and will be brought to Council for approval prior to proceeding with those enhancements.

Alternatives
Approve the resolution as presented; or
Reject the proposed resolution. This is not recommended as the Front Street Project shall require 109
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construction oversight that staff does not have the capacity to provide given the resources.

Planning/CEQA
The proposed project is categorically exempt under Class 1 Existing Facilities, having met the qualifying criteria provided under CEQA Guidelines Section 15301. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Section 15301 provides some, but does not limit the project scope to, examples of such projects, existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes). As detailed above, the Front Street Maintenance Project would be categorized under this description.

Public Notice Requirements
None required.

Attachment(s):
110
RESOLUTION NO. 6072

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD

APPROVING THE CONSULTING SERVICES AGREEMENT WITH WALLACE

GROUP FOR PROFESSIONAL CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES FOR THE FRONT STREET MAINTENANCE PROJECT

AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT FOR $299,380 PLUS A 10% CONTINGENCY FOR A TOTAL NOT TO EXCEED AMOUNT OF $329,813
WHEREAS, on August 3, 2022, City Council approved the Consulting Services Agreement Services Task Order No. 4 with Harris & Associates to provide engineering support services for the Design of the Front Street Maintenance Project; and WHEREAS, the Front Street Maintenance Project is in the process of the bidding phase with construction anticipated in the summer of 2024; and WHEREAS, a significant amount of the construction work will be done in the Downtown Area where many of the local businesses and future anticipated Shipping Container Park are located; and
WHEREAS, to facilitate a successful project delivery, the City of Soledad utilizes Construction Management and Inspection Services to supplement City Staff on major construction projects such as this to provide daily oversight; and
WHEREAS, staff selected the Wallace Group from the City’s on-call consultant list for a proposal for construction management and inspection services; and WHEREAS, staff has determined that The Wallace Group has the experience and a team of qualified professionals to perform the services required for the project as seen in the recent Dixi Street Sewer and Water Replacement Project; and
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Soledad, that the consulting services agreement between the City of Soledad and Wallace Group for Professional Construction Management and Inspection Services for $299,830 plus a 10% Contingency in a not to exceed amount of $329,813, and a copy of the agreement with Wallace Group, attached as “Exhibit A” and by reference incorporated herein, is hereby approved and the City Manager is hereby authorized and directed to execute the same on behalf of the City of Soledad.

PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 1st day of May 2024 by the following vote:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:
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ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

ANNA M. VELAZQUEZ, Mayor
ATTEST:

MEGAN HUNTER, City Clerk
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CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF SOLEDAD AND

WALLACE GROUP
THIS AGREEMENT for consulting services is made by and between the City of Soledad (“City”) and Wallace Group (“Consultant”) (together sometimes referred to as the “Parties”) as of May 1, 2024 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2026, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.

1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $299,830, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the 113
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Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
 The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
 The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
 The Consultant’s signature;
 Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
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2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.

2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed $-0-. Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve 115
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incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City.

Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $ 1,000,000 per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $ 1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 116
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4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance 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.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $ 1,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
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b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of five years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
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The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its governing body, officers, agents, employees from and against any and all liability, loss damage, claims, expenses and costs (including, without limitation, reasonable attorney fees and cost and costs of litigation) (collectively “Liability”) of every nature which arises out of, pertains to, or relates to the negligence, recklessness or willful misconduct of Consultant in the performance of this Agreement, except such Liability caused by the active negligence, sole negligence or willful misconduct of City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Consultant or its agents or employees under Worker’s Compensation acts, disability benefits acts, or other employee benefit acts. This indemnification obligation is not limited by any limitation on the amount or type of damages available under any applicable insurance coverage and shall survive expiration or early termination of this Agreement. This section is applicable to services provided under this agreement that are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.

With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees.

Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. 119
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Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s Failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, 120
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Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

Consultant may cancel this Agreement upon 60 days written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a 121
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determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.

Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall included, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents 122
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evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place 123
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Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.

Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by Don Wilcox, Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.10 Notices. Any written notice to Consultant shall be sent to:

Zack Teske, PE
Wallace Group
612 Clarion Ct.

San Luis Obispo, CA 93401
[email protected]
Any written notice to City shall be sent to:

Megan Hunter, City Manager
City of Soledad
P.O. Box 248
Soledad, CA 93960
[email protected]

10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional 124
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responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. To the extent there may be a conflict between the consultant proposal terms and the agreement, the City’s agreement language prevails.

Exhibit A Scope of Services
Exhibit B Payment Schedule
Exhibit C Public Works Requirements

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. [SIGNATURES ON FOLLOWING PAGE]
125
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The Parties have executed this Agreement as of the Effective Date.

CITY OF SOLEDAD CONSULTANT: Wallace Group
____________________________ ______________________________ Megan Hunter, City Manager Zack Teske, PE
Attest:
____________________________
Megan Hunter, City Clerk
Approved as to Form:
____________________________
Michael Rodriquez, City Attorney
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EXHIBIT A

SCOPE OF SERVICES
.
127
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City of Soledad and Wallace Group--Exhibit B Page 1 of 1

EXHIBIT B

COMPENSATION SCHEDULE
128
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EXHIBIT C

PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.

HOURS OF WORK:

A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.

B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.

C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.

WAGES:

A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.

B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of 129
Consulting Services Agreement between April 9, 2024
City of Soledad and Wallace Group--Exhibit C Page 2 of 3 prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:

1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.

3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.

4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.

C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.

The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the 130
Consulting Services Agreement between April 9, 2024
City of Soledad and Wallace Group--Exhibit C Page 3 of 3 Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.

D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.

E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 131
SUBJECT: Resolution No. 6073, A Resolution of the City Council of the City of Soledad Authorizing the Submittal of a Prohousing Designation Program Application to the California Department of Housing and Community Development (HCD) and Participation in the Prohousing Designation Program
TO: Honorable Mayor Anna Velazquez and City Council
FROM: Kao Nou Yang, Community and Economic Development Director MEETING DATE: May 1, 2024

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 11.

Recommendation
To Approve Resolution No. 6073 a Resolution authorizing the following:

1. The submission of an application to participate in the California Department of Housing and Community Development’s Prohousing Designation Program; and

2. The City Manager for and on behalf of the City, to execute and enter into any agreements, documents or amendments required or deemed necessary or appropriate by HCD for participation in the Prohousing Designation Program.

Executive Summary
The City of Soledad is seeking to be the first South Monterey County jurisdiction to be accepted into the Prohousing Designation Program (PDP) by the California Department of Housing and Community Development (HCD). Inclusion in the PDP will demonstrate the City's strong commitment to the accelerated production of housing by implementing strategic, prohousing planning principles. Being a part of the PDP will provide the City with a scoring advantage and/or preference in emerging and competitive applications for critical affordable housing and infrastructure grant programs. These programs include the Affordable Housing and Sustainable Communities Program (AHSC), Transformative Climate Communities Program (TCC), and Infill Infrastructure Grant Program (IIG), Local Partner Programs, Transit and Intercity Rail Capital Program (TIRCP), as well as potential future advantages and opportunities involving both housing and non-housing funding sources. Once the proposed Resolution is approved, the City of Soledad will be authorized to submit an application to the Prohousing Designation Program of the California Department of Housing and Community Development.
132
Background
The PDP was created through Assembly Bill 101 Housing Development and Financing in the 2019- 2020 Budget Act. This program was established to help address California's housing crisis by empowering local jurisdictions to adopt measures, programs, and incentives that go beyond existing state law, with the goal of facilitating and encouraging housing development. To be eligible for the program, jurisdictions must comply with state housing laws, Housing Element requirements, and submit annual required reporting. Successful designation provides jurisdictions with incentives like additional points or other preferences in competitive housing and infrastructure grant programs such as the Affordable Housing and Sustainable Communities Program (AHSC), Transformative Climate Communities Program (TCC), Infill Infrastructure Grant Program (IIG), and Transit and Intercity Rail Capital Program (TIRCP).

Review & Analysis
The City can qualify for a prohousing designation by submitting a completed PDP application for HCD review, which involves four separate scoring categories: (1) favorable zoning and land use, (2) acceleration of housing production timeframes, (3) reduction of construction and development costs, and (4) provision of financial subsidies towards housing projects. To meet the application threshold requirements, the City must implement at least one housing-supportive policy in each of the four categories and score a minimum of 30 points out of a total of 60.

The City has been allocated the responsibility to accommodate the development of almost 724 additional housing units as part of its most recent Regional Housing Needs Allocation (RHNA). Given this new RHNA allocation and the City's objectives for neighborhood preservation, housing production, and housing assistance, it is essential to secure new sources of local, state, and federal funds for affordable housing projects. The PDP designation would be an important tool in attracting and encouraging housing development within the City and would provide a competitive advantage in seeking and securing additional housing production-related funding. The PDP designation also signifies to private developers that the City is committed to streamlining housing production and may encourage new developers to invest in Soledad.

In collaboration with the lead consultant, PlaceWorks, the Community & Economic Development Department (CEDD) staff has prepared a complete PDP application that includes the City’s qualifying policies, programs, and initiatives in each of the four required scoring categories. The application has received an initial “self-score” of 35 points, which is above the program’s minimum 30-point designation threshold.

PDP applications are accepted on an open, rolling basis. After submission, HCD has 60 days to review and notify the City of its final determination, in writing. Unsuccessful applicants may continue to consult with PDP staff and work on developing and refining their jurisdictional policies, programs, and incentives to meet the designation standards and support the resubmission of an application.

Financial Considerations
The City initiated a small contract with PlaceWorks for $8,000 to assist in putting together the prohousing application, which was budgeted within professional services for the Community and Economic Development Department. Submission of a PDP application has no additional financial impact. Once approved as a designated PDP jurisdiction, the City would be afforded future opportunities to compete for and secure additional funding. 133
Resolution No. 6073
2 - State Resolution - HCD PHD Application
3 - Prohousing Application Soledad Application
Alternatives
Do not approve the resolution and not submit an application for PDP designation. This is not recommended as it would prevent the City from seeking additional PDP funding opportunities.

Provide other direction to staff.

Planning/CEQA
The proposed action is not a project defined under CEQA section 15378 of the CEQA Guidelines.

Therefore, environmental review is not applicable.

Public Notice Requirements
None.

Attachment(s):
134
RESOLUTION NO. 6073

A RESOLUTION AUTHORIZING THE SUBMITTAL OF A PROHOUSING

DESIGNATION PROGRAM APPLICATION TO THE CALIFORNIA DEPARTMENT

OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) AND PARTICIPATION

IN THE PROHOUSING DESIGNATION PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (PDP), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and WHEREAS, the California Department of Housing and Community Development (HCD) has adopted emergency regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the PDP, as authorized by Government Code section 65589.9, subdivision (d); and WHEREAS, jurisdictions demonstrating PDP application threshold requirements will be designated Prohousing and, as such, will receive additional points or other preference during the scoring of competitive applications for both specified housing and infrastructure funding and potential, future non-housing funding; and
WHEREAS, the City of Soledad is currently working toward compliance with applicable state housing law and has submitted its Housing Element for HCD review, and is therefore eligible to apply; and
WHEREAS, the City of Soledad acknowledges and confirms that it will continue to comply with applicable housing laws and refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production and further acknowledges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code section 8899.50; and WHEREAS, the City of Soledad shall be subject to the application: the terms and conditions specified in the Prohousing Designation Program documents; the Prohousing Designation Program regulations: and any and all other applicable laws; and WHEREAS, the City of Soledad desires to submit an application for acceptance into the PDP;
NOW, THEREFORE, BE IT RESOLVED that the Soledad City Council authorizes the submission of a City PDP application to the HCD and authorizes its full participation in the PDP; and
NOW, BE IT FURTHER RESOLVED that the City Council of the City of Soledad authorizes the City Manager to execute and enter into any documents and/or agreements, including future amendments, required or deemed necessary or appropriate by HCD to participate in the Prohousing Designation Program.
135
PASSED AND ADOPTED, at a duly noticed regular meeting of the City Council of the City of Soledad held on the 1
st day of May 2024, by the following vote:

AYES, and in favor thereof Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
______________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
__________________________________
MEGAN HUNTER, City Clerk
136
Formal Resolution for the PROHOUSING Designation Program RESOLUTION NO._______

A RESOLUTION OF THE GOVERNING BODY OF

CITY COUNCIL OF THE CITY OF SOLEDAD AUTHORIZING APPLICATION TO AND

PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive Applications for specified housing and infrastructure funding; and
WHEREAS, the California Department of Housing and Community Development (“Department”) has adopted regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the City of Soledad (“Applicant”) desiresto submit an Application for a Prohousing Designation (“Application”).

THEREFORE,IT IS RESOLVED THAT:

1. Applicant is hereby authorized and directed to submit an Application to the Department.

2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.

3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and actions include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that the Prohousing Policies in its Application comply with its duty to Affirmatively Further Fair Housing pursuant to Government Code sections 8899.50 and 65583. Applicant further acknowledges and confirms that its general plan is in alignment with an adopted sustainable communities strategy pursuant to Public Resources Code section 21155- 21155.4. Applicant further acknowledges and confirms that its policies for the treatment of homeless encampments on public property comply with and will continue to 137
comply with the Constitution and that it has enacted best practices in its jurisdiction that are consistent with the United States Interagency Council on Homelessness’ “7 Principles for Addressing Encampments” (June 17, 2022, update).

4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).

5. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.

6. The Mayor or designee is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.

PASSED AND ADOPTED this 1st day of May, 2024 by the following vote:

AYES: [ ] NOES: [ ] ABSENT: [ ] ABSTAIN: [ ]
The undersigned, [INSERT NAME AND TITLE OF SIGNATORY] of Applicant, does hereby attest and certify that the foregoing is a true and full copy of a resolution of the Applicant’s governing body adopted at a duly convened meeting on the date above-mentioned, and that the resolution has not been altered, amended, or repealed.

SIGNATURE: DATE:

NAME: TITLE:
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City of Soledad Prohousing Application Appendices 2, 3, and 5

Appendix 2: Proposed Policy Completion Schedule
Category
Number
Concise Written Description of
Proposed Policy
Key Milestones and
Milestone Dates
Anticipated
Completion
Date
Notes
1C Sufficient sites, including rezoning, to
accommodate 125 to 149 percent of the
current or draft RHNA, whichever is greater,
by total and income category. These points
shall not be awarded if the applicant earns
three points pursuant to Category (1)(A)
above. These additional sites must be
identified in the Jurisdiction’s housing element
adequate sites inventory, consistent with
Government Code section 65583,
subdivisions (a)(3) and (c)(1).

Adoption of Housing
Element anticipated 7/24
7/24
1D Density bonus programs that allow additional
density for additional affordability beyond
minimum statutory requirements (Gov. Code,
§ 65915 et seq.).

Amend zoning ordinance by
December 2025
12/25
1H Zoning or other land use designation methods
to allow for residential or mixed uses in one or
more non-residential zones (e.g., commercial,
light industrial). Qualifying non-residential
zones do not include open space or
substantially similar zones.

Already implemented –
Updates to zoning
ordinance allow multifamily
as a permitted use in C-R
and C-1 were completed in
10/23.
10/23
1I Modification of development standards and
other applicable zoning provisions or land use
designation methods to promote greater
development intensity. Potential areas of
focus include floor area ratio, height limits,
minimum lot or unit sizes, setbacks, and
allowable dwelling units per acre. These
policies must be separate from any qualifying
policies under Category (1)(B) above.

Already implemented –
existing PUD regulations in
zoning ordinance
In City zoning
ordinance
since 1986
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City of Soledad Prohousing Application Appendices 2, 3, and 5

1K Establishment of an inclusionary housing
program requiring new developments to
include housing affordable to and reserved for
low- and very low-income households,
consistent with the requirements of AB 1505
(Chapter 376, Statutes of 2017, Gov. Code, §
65850.01).

Inclusionary housing
ordinance was first adopted
in 2005
Amendments to zoning
adopted 10/23
10/23
2A Establishment of ministerial approval
processes for multiple housing types,
including, for example, single-family,
multifamily and mixed-use housing.

Already implemented –
Updates to allow ministerial
approval of multiple housing
types were completed in
10/23.
10/23
2B Acceleration of Housing Production through
the establishment of streamlined, programlevel CEQA analysis and certification of general plans, community plans, specific
plans with accompanying Environmental
Impact Reports (EIR), and related
documents.

Existing General Plan EIR
was adopted in 2005
2005
2C Documented practice of streamlining housing
development at the project level, such as by
enabling a by-right approval process or by
utilizing statutory and categorical exemptions
as authorized by applicable law, (e.g., Pub.

Resources Code, §§ 21155.1, 21155.4,
21159.24, 21159.25; Gov. Code, § 65457;
Cal Code Regs., tit. 14, §§ 15303, 15332;
Pub. Resources Code, §§ 21094.5, 21099,
21155.2, 21159.28).

Already implemented
through applying CEQA infill
exemption for nearly all
housing projects
N/A
2E Absence or elimination of public hearings for
projects consistent with zoning and the
general plan.

Updates to some zoning
chapters completed in
10/23. Otherwise, already in
zoning ordinance.
10/23
2H Absence, elimination, or replacement of
subjective development and design standards
with objective development and design
Amend zoning ordinance by
December 2025
12/25
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City of Soledad Prohousing Application Appendices 2, 3, and 5

standards that simplify zoning clearance and
improve approval certainty and timing.
2I Establishment of one-stop-shop permitting
processes or a single point of contact where
entitlements are coordinated across city
approval functions (e.g., planning, public
works, building) from entitlement application
to certificate of occupancy.

Already implemented –
7/23
7/23
2J Priority permit processing or reduced plan
check times for ADUs/JADUs or multifamily
housing.

Already occurring. However,
official process will be
established by December
2024.
12/24
2K Establishment of a standardized application
form for all entitlement applications.

City created a standardized
application form in Fall 2023
11/23
2L Documented practice of publicly posting
status updates on project permit approvals on
the internet.

Begin posting by July 2024
in order to have a
documented track record by
Spring 2026.
7/24; 3/26
3A Waiver or significant reduction of
development impact fees for residential
development with units affordable to LowerIncome Households. This provision does not include fees associated with the provision of
housing affordable to Lower-Income
Households (e.g., inclusionary in lieu fees,
affordable housing impact fees, and
commercial linkage fees).

June 2025 6/25
3B Adoption of policies that result in less
restrictive requirements than Government
Code sections 65852.2 and 65852.22 to
reduce barriers for property owners to create
ADUs/JADUs. Examples of qualifying policies
include, but are not limited to, development
standards improvements, permit processing
improvements, dedicated ADU/JADU staff,
Pre-approved ADU/JADU
plans were released to the
public in September 2023
9/23
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City of Soledad Prohousing Application Appendices 2, 3, and 5

technical assistance programs, and preapproved ADU/JADU design packages. 3E Measures that reduce costs for
transportation-related infrastructure or
programs that encourage active modes of
transportation or other alternatives to
automobiles. Qualifying policies include, but
are not limited to, publicly funded programs to
expand sidewalks or protect bike/micromobility lanes, creation of on-street parking for bikes, transit-related improvements, or
establishment of carshare programs.

East Street and Metz Road
roundabout was completed
in 2021.

Dixi Street shared roads
completed Fall 2023.

All remaining projects will
be completed by Spring
2026.
7/21
10/23
3/26
4B Establishment of local housing trust funds or
collaboration on a regional housing trust fund,
which include the Jurisdiction’s own funding
contributions. The Jurisdiction must contribute
to the local or regional housing trust fund
regularly and significantly. For the purposes
of this Category, “regularly” shall be defined
as at least annually, and “significant”
contributions shall be determined based on
the impact the contributions have in
accelerating the production of affordable
housing.

Draft Housing Element
Program 2.2.1:

Coordinate with other
Salinas Valley cities
annually starting in 2024
Convene meetings with
agricultural businesses in
2025
Begin implementation in
2026
Draft Housing Element
Program 2.2.5:

Explore options and select
an approach to the Housing
Trust Fund by summer
2024.

Reassess at least annually.
3/26
9/24
Draft Housing Element Program 2.2.1
Draft Housing Element Program 2.2.5
4E A comprehensive program that complies with
the Surplus Land Act (Gov. Code, § 54220 et
seq.) and that makes publicly owned land
available for affordable housing, or for
City is already complying
with SLA and has applied it
to multiple properties.

Program will be officially
12/25
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City of Soledad Prohousing Application Appendices 2, 3, and 5

multifamily housing projects with the highest
feasible percentage of units affordable to
Lower Income Households. A qualifying
program may utilize mechanisms such as
land donations, land sales with significant
write-downs, or below-market land leases.
established by December
2025.
4G Prioritization of local general funds to
accelerate the production of housing
affordable to Lower-Income Households.

Funds provided to purchase
540 Gabilan in 1/24
1/24
4H Directed residual redevelopment funds to
accelerate the production of affordable
housing.

Funds provided to purchase
540 Gabilan in 1/24
1/24
4K Providing operating subsidies for permanent
Supportive Housing.

Meet with County staff by
the end of 2024 and at least
twice a year thereafter.

The City and County will
seek funding by the end of
2024.

Purchase homes and begin
operating subsidy by the
end of 2025.
12/25 Draft Housing Element Program 3.1.7
4M Other policies not described in Categories
(4)(A)-(L) of this section that quantifiably
promote, develop, or leverage financial
resources for housing affordable to LowerIncome Households.

City hired Housing Analyst
in 1/24
1/24
143
City of Soledad Prohousing Application Appendices 2, 3, and 5

Appendix 3: Project Proposal Scoring Sheet
Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Links to Docs
or attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
CATEGORY 1: FAVORABLE ZONING AND LAND USE 7 0 7
1C Sufficient sites to
accommodate at least
125%-149% of current
RHNA
(724 x 1.25 = 905, 724
x 1.49 = 1,079; RHNA
capacity = 1,145)
P - Housing Element,
Table 6-2
Electronic
copy attached
2 - - 2
1D Updating density bonus
regulations in the
Zoning Ordinance to
allow a 100% density
bonus for senior
projects that are
already 100%
affordable - so allowing
them to double density.

P - Project examples
- Staff reports
- CUPs
- Resolution
Electronic
copy attached
2 - - 2
144
City of Soledad Prohousing Application Appendices 2, 3, and 5

Appendix 3: Project Proposal Scoring Sheet
Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Links to Docs
or attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
1H Multifamily housing is a
permitted use in the
Commercial Residential
(C-R) District and in the
Downtown Core formbased zone portion of
the Retail Central
Business (C-1) District.

E - C-R and C-1 Zone
updates in Zoning
Code
Electronic
copy attached
1 - - 1
145
City of Soledad Prohousing Application Appendices 2, 3, and 5

Appendix 3: Project Proposal Scoring Sheet
Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Links to Docs
or attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
1I The City has a track
record of modification
of development
standards on project
processed as PUDs
that have promoted
greater development
intensity.

E - Applications/Plans
- Staff Reports
- Permits
- Resolutions
1 - - 1
1K City has had an
Inclusionary Housing
Ordinance since 2005.

Amendments were
made in 2023.

E - Zoning Code,
Chapter 17.41
Electronic
copy attached
1 - - 1
146
City of Soledad Prohousing Application Appendices 2, 3, and 5

Appendix 3: Project Proposal Scoring Sheet
Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Links to Docs
or attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
CATEGORY 2: ACCELERATION OF HOUSING PRODUCTION TIMEFRAMES 14 0 14 2A Ministerial approval
process (Zoning permit
issued by staff) for
single family, duplex,
multifamily, and mixed
use in a variety of
zones
E - Zoning Code –
Chapters 17.10,

17.11,17.12, 17.14
and 17.20
Electronic
copy attached
3 - - 3
2B Programmatic CEQA
clearance currently in
General Plan EIR,
enabling development
to tier off programmatic
document
E - Final EIR adopted in
2005
Electronic
copy attached
2 - - 2
2C Streamlining housing
development at the
project level by
applying the CEQA infill
exemption for nearly all
housing projects
E - Staff Reports Electronic
copy attached
2 - - 2
2E Streamlining housing
development that does
not need a GP or
Zoning change at the
project level through
by-right approval
processes that
eliminate public
hearings.

E - Zoning district
chapters – lists of
permitted uses.

Some of the
chapters including
Chapter 17.14 R-3
Zoning District were
amended in 2023 to
remove discretionary
review of multifamily.
- Zoning Code
Chapter 17.42
Zoning Compliance
Certificates,
Electronic
copy attached
2 - - 2
147
City of Soledad Prohousing Application Appendices 2, 3, and 5

Appendix 3: Project Proposal Scoring Sheet
Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Links to Docs
or attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
Conditional Use
Permits, Variances
- Zoning Code
Chapter 17.44 Site
Plan Review
2I The Planning
Department serves as
the single point of
contact for entitlements
from the entitlement
application to the
certificate of
occupancy. City
implemented smart.gov
system for online
permitting and
scheduling. It allows
staff and applicants to
• Receive application
status updates online,
thus reducing phone
and email contact
• Receive deficiency
comments
electronically
• Access approved
plans and permits
online
• Issue permits online
E - Link City of
Soledad
Public Portal
(smartgovcom
munity.com)
1 - - 1
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Appendix 3: Project Proposal Scoring Sheet
Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Links to Docs
or attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
2J Officially establish
priority permit
processing or reduced
plan check times for
ADUs/JADUs.

E & P - Forms, reports and
statistics
Electronic
copy attached
1 - -
2K City has a standardized
application form for all
entitlement
applications.

E - Link City of
Soledad
Public Portal
(smartgovcom
munity.com)
1 - -
2L Begin posting status
updates on project
permit approvals on the
City website.

P - City website
homepage
Electronic
copy attached
1 - -
CATEGORY 3: REDUCTION OF CONSTRUCTION AND DEVELOPMENT COSTS 6 0 6 3A Allow fee deferrals as
part of tax credit
projects. The City is
open to a waiver or a
loan.

P - Affordable Housing
Agreements
Electronic
copy attached
3 - - 3
3B Create and make
available a set of
preapproved ADU
E - Link https://www.cit
yofsoledad.co
m/department
2 - - 2
149
City of Soledad Prohousing Application Appendices 2, 3, and 5

Appendix 3: Project Proposal Scoring Sheet
Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Links to Docs
or attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
plans to facilitate
production and reduce
costs to applicants
s/communityandeconomicdevelopment/b
uilding-andsafety/adu/
3E Programs that
encourage active
modes of transportation
or other alternatives to
automobiles:
- Dixi Street shared
roads – installation of
bike lane
- Pedestrian safety
improvements
- East Street and Metz
Road roundabout
- Pedestrian
improvements at
Orchard Lane and
Gabilan Drive
- Intersection
Improvements at
Main Street and
Gabilan Drive
- Pedestrian
Improvements at
E & P - Roundabout opening
news article
- Council resolution
- Scope of Work
Electronic
copy attached
1 - - 1
150
City of Soledad Prohousing Application Appendices 2, 3, and 5

Appendix 3: Project Proposal Scoring Sheet
Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Links to Docs
or attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
Benito Street and
Gabilan Street
- Pedestrian
Improvements on
Orchard Lane
CATEGORY 4: PROVIDING FINANCIAL SUBSIDIES 9 2 11
4B Establish an
Agricultural Housing
Trust Fund that
agricultural employers
contribute to (Draft
Housing Element
Program 2.2.1). Also
establish a regional
Housing Trust Fund
(Draft Housing Element
Program 2.2.5).

P - Draft Housing
Element Program

2.2.1 - Draft Housing
Element Program

2.2.5 Electronic
copy attached
2 1 2 4
4E Surplus Land Act
properties include
Housing Element
sites/projects - School
Housing Project and
540 Gabilan. There are
two other properties
that city has processed
under the SLA.

E & P - Latest resolutions
demonstrating
compliance with
Surplus Lands Act
Electronic
copy attached
2 - - 2
4G Prioritized local general
funds to accelerate the
production of housing
affordable to LowerIncome Households at
540 Gabilan site
purchased by the City.

E & P - City Council staff
report
- Purchase
Agreement
Electronic
copy attached
2 - - 2
151
City of Soledad Prohousing Application Appendices 2, 3, and 5

Appendix 3: Project Proposal Scoring Sheet
Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Links to Docs
or attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
Used ARPA funds for
purchase of 540
Gabilan. Used General
Funds to pay for the
Phase I Environmental
Site Assessment, legal
services, and staff time.
4H Directed residual
redevelopment funds to
accelerate the
production of affordable
housing at 540 Gabilan
site purchased by the
City.

E & P - City Council staff
report
- Purchase
Agreement
Electronic
copy attached
1 - - 1
4K Provide operating
subsidies for
permanent Supportive
Housing for TAY
supportive housing
units in Las Viviendas
the City and County are
working to purchase.

The City has already
contributed PLHA funds
for this for this project
and also intends to
apply for entitlement
funding.

E & P - Draft Housing
Element Program

3.1.7 Electronic
copy attached
1 - - 1
4M The City hired a senior
staff member - Housing
Analyst in January
2024 to commit one
full-time staffing
person’s worth of
resources towards the
E - Job posting for
Housing Analyst
Electronic
copy attached
1 - - 1
152
City of Soledad Prohousing Application Appendices 2, 3, and 5

Appendix 3: Project Proposal Scoring Sheet
Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Links to Docs
or attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
City’s housing priorities.

GRAND TOTAL 36 2 38
Appendix 5: Additional Information and Supporting Documentation

153
City of Soledad Prohousing Application Appendices 2, 3, and 5

154
SUBJECT: Resolution No. 6074, a Resolution of the City Council of the City of Soledad to Accept and Approve the Final Miramonte Storm Drain Impact Study Dated January 2023
TO: Honorable Mayor Anna Velazquez and City Council
FROM: Donald T. Wilcox, Public Works Director
MEETING DATE: May 1, 2024

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 12.

Recommendation
It is recommended that the City Council of the City of Soledad approve Resolution No.6074, to “Accept and Approve the Final Miramonte Storm Drain Impact Study Dated January 2023”.

Executive Summary
For approximately two decades, staff has been working with the Agha family on the annexation of approximately 654 acres north of the City for the development of single and multi-family housing, neighborhood retail, schools, and parks in a development known as Miramonte. LAFCO conditionally approved annexation, and staff is now collaborating with the developer on a Development Agreement, the last piece to complete the entitlement process. A technical component of implementing the Miramonte Specific Plan, which ultimately requires public improvements, is the preparation of master plans for water, sanitary sewer, and storm drains to include the Miramonte Development and any required upgrades to our systems. Council received the Sanitary Sewer and Water System Master Plan reports on April 3, 2024, and this action presents the Storm Drain Report.

Background
Over 14 years ago, the City of Soledad started processing what was known as the Miravale III project.

The project included a 920-acre annexation with capacity for approximately 4,200 residential units in various densities, zoning for commercial, an 18-hole golf course, and other sites for churches, schools, and community uses. A Specific Plan was prepared for the project, and an Environmental Impact Report was prepared. The City Council took action to certify the EIR in September 2010. However, the City Council did not take action on the Specific Plan or any planning entitlements at that time.

In 2018, the project was revived, and the Miramonte Specific Plan, which is comprised of approximately 654 acres of single and multi-family housing, affordable housing, and neighborhood retail, was approved by the City Council in a 4-1 vote. In early 2020, the LAFCO application was 155
Resolution No. 6074
submitted to amend the Sphere of Influence and apply for annexation of Miramonte to the City of Soledad. On December 19, 2022, the Local Agency Formation Commission of Monterey County (LAFCO) conditionally approved the City of Soledad’s application for a sphere of influence amendment and annexation.

As part of the approval conditions, Miramonte is required to prepare master plans for water, sanitary sewer, and storm drain public improvements needed to provide these services for their development throughout the build-out of their project. Council received the Miramonte Sanitary Sewer and Water System Master Plan reports on April 3, 2024, and this action presents the Miramonte Storm Drain Report.

Review & Analysis
Soledad’s storm drain master planning began with an unofficial study in 2000 by Hanna & Brunetti.

RMA Associates then completed the first Storm Drain Master Plan (SDMP) in 2007, followed by an update by Schaaf & Wheeler in 2015. Since those plans were accepted, the City subsequently retained Schaaf & Wheeler (S&W) to determine the infrastructure requirements to service the Miramonte Project and assess the impacts on the storm drain system, and recommend amendments if needed.

Miramonte Storm Drain Impact Study (SDIS) – January 2023 The intent of this Study is to update the existing storm drain system hydraulic model with revised onsite pipeline alignments for the Miramonte Specific Plan. The existing storm drain master plan model was then updated with any improvements that have been constructed since 2015. The Miramonte development system was then added to the model to analyze its impact on the City’s system during the 10-year storm event.

Based on the findings and recommendations of this SDIS, City staff will be tasked with ensuring that the facilities identified in this study will be constructed by the developer prior to when capacity is needed.

Financial Considerations
Fees for preparation of this SDIS are based on a time-and-materials basis, charged for the level of effort expended only (not lump sum or flat fee basis), with a not to exceed the amount of $46,860. All such fees will be paid by the Developer from the Miramonte Development Deposit.

Alternatives
None
Planning/CEQA
An EIR for the Miravale III (now Miramonte) project was certified by the City of Soledad City Council in 2010 and was completed in compliance with the requirements of CEQA and the CEQA Guidelines.

Public Notice Requirements
None required.

Attachment(s):
156
2023-01-18 Final Miramonte SD Impact Report
2022-08-31 Miramonte SD Tech Memo
157
RESOLUTION NO. 6074

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD TO ACCEPT

AND APPROVE THE FINAL MIRAMONTE STORM DRAIN IMPACT STUDY DATED JANUARY 2023
WHEREAS, infrastructure master plan updates are performed periodically to ensure that the current highest priority projects are determined, prioritized and commenced as intended with collected funds; and
WHEREAS, with the annexation of the Miramonte development, the City’s infrastructure master plans needed to be updated to include the infrastructure necessary to serve the full Miramonte development; and
WHEREAS, the Water System Master Plan (WSMP) and Sanitary Sewer Master Plan (SSMP) updates are separate projects already accepted and approved by the Council at the April 3, 2024 meeting.

WHEREAS, an updated Storm Drain Impact Study (SDIS) is needed to ensure that the current storm drain system is analyzed and the highest priority storm drain projects are programmed to sustain the City’s storm drain system.

NOW THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Soledad that the Miramonte Storm Drain Impact Study Dated January 2023, a copy of which is attached hereto as Exhibit 1, and by reference incorporated herein, is hereby accepted and approved to include the Miramonte Project
PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 1st day of May 2024 by the following vote:

AYES, and in favor thereof Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
______________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
__________________________________
MEGAN HUNTER, City Clerk
158
& PREPARED BY:

Schaaf & Wheeler
870 Market St.,
Ste. 1278
San Francisco, CA 94102
PREPARED FOR:

City of Soledad
248 Main Street
Soledad, CA 93960
Final
Miramonte Storm Drain Impact Study
January 2023
Exhibit 1
159
Miramonte Storm Drain Impact Study January 2023
Schaaf & Wheeler 1
Introduction
The City of Soledad contracted Schaaf & Wheeler to complete a hydrologic and hydraulic analysis to determine the impact the Miramonte Development will have on the City’s storm drain system, and what, if any, improvements are required to support the development. Schaaf & Wheeler completed the City of Soledad Storm Drain Master Plan Update in 2015 and will utilize the same hydrologic and hydraulic model to complete this analysis. The MIKE-URBAN (MU) model works within the ArcMap GIS interface and can simulate runoff, open channel flow, and pipe flow.

The Miramonte Development is located to the north of the current City limit as shown in Figure 1. Storm runoff in the development will be collected in a series of pipes and detention basins and will connect to the City’s existing drainage system at San Vicente Road. The existing storm drain master plan model will be updated with any improvements that have been constructed since 2015. The development’s system will then be added to the model to analyze its impact on the City’s system during the 10-year storm event.

Figure 1 – Miramonte Development Vicinity Map
History of Flooding in the Development Area
The development site currently consists primarily of mildly sloped, agricultural fields draining southwest towards the northern City Limit and San Vicente Road. Off-site areas draining to this same point of concentration consist of steeper hillsides. The concentration of large storm events to San Vicente Road has historically resulted in flooding at the northwest limits of the City and accumulation of sediments from the hillsides and fields (Figure 2).
160
Miramonte Storm Drain Impact Study January 2023
Schaaf & Wheeler 2
Figure 2 – Accumulation of Sediment at the corner of Vista De Soledad and San Vicente Road in January 2021.

The City has requested that RJA provide a detention basin design that allows for 100-year overflows to exit the basin and discharge to the west, across San Vicente, rather than allowing the full 100-year peak discharge to enter the City pipe system.

Hydrologic Analysis
The hydrologic methodology used for this study is consistent with the 2015 master plan. The NRCS Curve Number (CN) methodology is used to determine basin runoff. It relies on the use of curve numbers to characterize basin infiltration and runoff potential. Curve numbers are based on a combination of land use, soil characteristics, and antecedent moisture condition (AMC). The AMC for 10-year and 100-year storms is 1.5 based on previous calibration to regional stream gages. The soils and land use are shown in Figures 2 and 3. Percent impervious and CN are shown in Table 1.

Source: Salinas Valley Tribune
161
Miramonte Storm Drain Impact Study January 2023
Schaaf & Wheeler 3
Figure 3 – Hydrologic Soil Group
Figure 4 - Miramonte Development Area Land Use
162
Miramonte Storm Drain Impact Study January 2023
Schaaf & Wheeler 4
Table 1 - Curve Number by Soil Group and Land Use
Curve Number by Soil Group
Land Use Impervious Basin N A B C D
Commercial General 0.80 0.025 44 58 71 74
Commercial Convenience 0.85 0.025 64 68 78 79
Commercial Community 0.85 0.025 64 68 78 79
Commercial-Residential 0.80 0.025 44 58 71 74
Commercial Highway 0.98 0.050 44 58 71 74
Industrial 0.90 0.050 44 58 71 74
Heavy Industrial 0.95 0.050 64 68 78 79
Industrial Buffer 0.60 0.080 44 58 71 74
Office 0.85 0.025 44 58 71 74
Open Space/Wildlife 0.05 0.080 35 51 65 72
Public/Institutional/Rec 0.20 0.025 44 58 71 74
Planned Unit Development 0.65 0.025 44 60 74 80
Single-Family Residential 0.65 0.025 44 58 71 74
Low Density Residential 0.70 0.025 44 58 71 74
Medium Density Residential 0.75 0.025 44 58 71 74
Multi-Family Residential 0.80 0.025 64 68 78 79
Streets/Roads 0.98 0.025 44 58 71 74
Catchment data includes the boundaries of each drainage catchment along with relevant physical and hydrologic parameters including surface area, land use characteristics, basin lag, and curve number.

Catchment delineations completed by RJA were utilized for this study.

Curve numbers vary from 0 to 100, with 0 equating to no runoff and 100 indicating that all precipitation will run off. Weighted curve numbers were calculated for each catchment by applying the appropriate CN to the pervious percentage of the catchment and a CN of 100 to the impervious percentage of the catchment.

Basin lag time was calculated using the same methodology used in the storm drain mater plan. The equation uses basin length, shape, slope and land use and is shown below. Any lag times calculated below 10 minutes were raised to 10 minutes, which is a typical time used for roof to gutter flow time. 𝑡𝑡𝑙𝑙𝑙𝑙𝑙𝑙 = (0.862) ∗ 24 ∗ 𝑁𝑁 ∗ �𝐿𝐿 ∗ 𝐿𝐿𝑐𝑐
√𝑆𝑆 �

0.38 + 0.083
where:
tlag basin lag (hours)
N watershed roughness (calculated per catchment
L longest flow path from catchment divide to outlet (miles) Lc length along flow path from a point perpendicular with the basin centroid to its outlet (miles) S effective slope along main watercourse (feet/mile)
163
Miramonte Storm Drain Impact Study January 2023
Schaaf & Wheeler 5
A 10-year, 24-hour design rainfall event with a total rainfall depth of 2.29-inches and a 100-year, 24-hour design event with a depth of 3.47-inches are utilized per NOAA Atlas 14. The design rainfall pattern is distributed in 5-minute time increments with a fraction of the total rainfall occurring in each interval. The 10-year and 100-year storm intensity graphs are shown in Figure 4.

Figure 5 - Soledad 10-year and 100-year, 24-hour Storm Intensity Graph A more detailed discussion of the hydrologic methodology used in the analysis can be found in the 2015 Soledad Storm Drain Master Plan Update.

Hydraulic Analysis
Model Development
The City’s storm drain master plan MU model was updated with improvements constructed since 2015.

Improvements include the “Soledad Regional Recharge Project” which consists of pipe improvements adjacent to San Vicente Road and the UPRR basin and the “Gabilan Drive Storm Drain Improvements” which include piping improvements along Gabilan Drive.

The Miramonte Development storm drain network data was added to the storm drain master plan MU model. The development’s network consists of storm drain pipes, bioretention areas, detention basins, and detention basin outlet structures. All elements are added to the network except for the bioretention areas. They are considered insignificant due to their limited volume and they fill early enough in the storm to have an insignificant impact on the peak discharge. It is a conservative approach to not include them in the model. The development’s network layout is included as Attachment 1.

The Miramonte Development drainage network includes five (5) detention basins of various sizes. They are added to the model as a basin node with an associated volume-elevation curve. The volume-elevation curve data is provided by RJA and is included as Attachment 2. Each basin has an associated outlet structure which restricts the flow out of the basin. The outlet invert and size for each structure is provided by RJA and is included as Attachment 3. Infiltration at the basins is ignored to be conservative.

The basin located at the southwest corner of the development (Basin 1) has a tributary drainage area that includes the entire development and most of the off-site hillside to the northeast. RJA has identified 0 0.2

0.4 0.6

0.8 1

1.2 1.4

1.6 1.8
2 2.2

2.4 0:00 6:00 12:00 18:00 0:00
Rainfall Intensity (in/hr)
Time (hrs)
100-yr
10-yr
164
Miramonte Storm Drain Impact Study January 2023
Schaaf & Wheeler 6
that runoff from the westernmost off-site drainage area (identified in Attachment 1 as O-3) concentrates in an existing agricultural basin to the north of the City. As such, a bypass system conveys that runoff separately and discharges on the west side of San Vicente into that existing basin.

Model Results
The MU model was run with and without the Miramonte Development. MIKE URBAN “Node flood” results were compared to determine the impact of the development on the City’s system. Node flood is defined as the maximum depth of water above ground during the storm event. Soledad’s level of service per the master plan is a maximum depth of 0.5-feet above ground during the 10-year event. This roughly translates to curb height which means water is contained in the street.

The City’s existing storm drain system in and around San Vicente Road currently meets this level of service. The Miramonte Development as initially designed increases the flood depths in the San Vicente system to greater than 0.5-feet at 4 locations between Front Street and Market Street as shown in Attachment 4. The initial design parameters of the outlet structure are summarized in Table 2.

Table 2 - Original Basin 1 Outlet Structure Design
Original Design
Height/Invert Size (Shape)
Orifice #1 1 ft 12 in (Circular)
Orifice #2 1 ft 13 in (Circular)
Orifice #3 1 ft 14 in (Circular)
Orifice #4 8 ft 3 ft x 1 ft (Rectangular)
Orifice #5 8 ft 3 ft x 1 ft (Rectangular)
Riser #1 12 ft 60 in (Circular)
Riser #2 12 ft 60 in (Circular)
The project inherently addresses the existing flooding issue adjacent to San Vicente by containing the runoff from the development and a large portion of the off-site area. Currently, this runoff accumulates at the northwest corner of the City and causes significant ponding. However, the City also voiced some concern about the impact of discharge from the 100-year event through the risers, which were connected to the City’s pipe system. At least some portion of the runoff that ponds at the northern City limit discharges across San Vicente to the adjacent agricultural fields.

Without considerably greater detention volume, directing 100-year discharge from the basin into the City’s pipe system downstream would cause significant increases in flooding, both in magnitude and duration. In order to mitigate those issues, RJA revised the initial design to include a spillway discharging to the west, across San Vicente to the adjacent fields, in lieu of the proposed risers discharging to the City pipe system. This design still caused a significant increase in flooding in the San Vicente system during the 10-year event.

Schaaf & Wheeler worked with the City and RJA to best determine how to meet the following performance criteria:

1. Decrease the impact of the development on the City’s system

2. Ensure that the spillway does not activate in the 10-year event

3. Ensure that 100-year discharge to the west is adequately controlled.

Alterations to the Basin 1 geometry and outlet structure have been recommended. Changes to the outlet structure orifices, which control discharges to the City’s system, were made in the model to control 10- 165
Miramonte Storm Drain Impact Study January 2023
Schaaf & Wheeler 7
year flooding. The orifice inverts and sizes were adjusted until impacts to the City’s system were decreased to meet City’s level of service. The basin was also deepened by two feet (from 12 feet to 14 feet) and the spillway crest was raised by two feet. This was required to prevent spillway activation during the 10-year event that started to occur when the orifice sizes were reduced.

The recommended changes to the outlet structure are shown in Table 3. The basin geometry is summarized in Table 4. Provided these changes are made to the design no further storm drain improvements are required. The resulting rise in water surface elevation and flood depth are shown in Attachment 5.

Table 3 – Recommended Changes to Basin 1 Outlet Structure Updated Spillway Design Recommended Design
Height/Invert Size (Shape) Height/Invert Size (Shape)
Orifice #1 1 ft 12 in (Circular) 1 ft 6 in (Circular)
Orifice #2 4 ft 12 in (Circular) 4 ft 7 in (Circular)
Orifice #3 6 ft 12 in (Circular) 6 ft 12 in (Circular)
Orifice #4 9 ft 12 in (Circular) 8 ft 12 in (Circular)
Overflow Weir 10 ft 50 ft wide (Spillway) 12 ft 60 ft wide (Spillway) Table 4 – Recommended Basin Geometry
Height (ft) Surface Area (sq ft)
0 186,900
2 197,400
4 208,100
6 219,000
8 230,200
10 241,500
12 253,100
14 265,000
The spillway sends high flows beyond the capacity of the four orifices and basin storage into an open channel that discharges through culverts beneath San Vicente Road into the fields to the west. These facilities are to be sufficiently sized to convey flow to the west during a 100-year event without surcharge or flooding.

In general, this system should discharge at or below existing flow rates to adjacent properties. With the recommended orifice design to control flooding in the City’s pipe system, the spillway conveys a 100-year peak flow of approximately 96 cfs with a maximum water surface elevation in the basin of 211.9 feet NAVD.

Table 5 – Pre- and Post-Development Result Summary
Model Scenario 10-year 100-year
Predevelopment Peak Discharge* 40.8 cfs 106.4 cfs
Post-Development Spillway Peak Discharge 0 cfs 94.5 cfs Post-Development Orifice Discharge to System 18.8 cfs 21.0 cfs Peak Basin Water Surface Elevation 211.5 ft NAVD 212.6 ft NAVD Pre-Development Node Flood at Market St Basin 0.26 ft 1.98 ft Post-Development Node Flood at Market St Basin 0.35 ft 2.03 ft *This does not include the basin that bypasses the development system (O-3) or the development area 166
Miramonte Storm Drain Impact Study January 2023
Schaaf & Wheeler 8
Conclusion
The Miramonte Development was added to the City of Soledad’s storm drain master plan hydrologic and hydraulic model to determine the impact the development will have on the City’s system. As initially designed the development would have had a significant impact on the City’s system by raising flood elevations to greater than 0.5-feet at 4 locations between Front Street and Market Street. Alternatives were explored to reduce the impact of the development. Changing the configuration of the Basin 1 outlet structure and geometry is the best way to reduce the impact of the development to an acceptable level.

Designing the outlet structure and basin as shown in Table 3 and Table 4 reduces the 10-year flooding depths to below 0.5-feet, which is the City’s level-of-service standard.

The model has also been used to evaluate the 100-year event and performance of the proposed basin spillway. Importantly, model results indicate that the spillway passes flows that don’t exceed the predevelopment 100-year peak. Discharge through the orifices during a 100-year event also do not appear to significantly worsen flooding depths in the City’s system downstream. Further, the basin’s proposed depth of 14 feet provides adequate freeboard during a 100-year event Provided the design recommendations are followed, the Miramonte Development will have an insignificant impact on the City of Soledad’s storm drain system. 167
Attachment 1
Miramonte Development Storm Drain System Layout
(by RJA)
168
169
170
Attachment 2
Basin Volume-Elevation Data (from RJA)
171
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Schaaf & Wheeler
Project Name: Miramonte
Project Location: Soledad, CA
Date: November 2022
Basin 1
Basin Volume Calculations Infiltration Rate = 0 in/hr
Elev
(ft)
Stage
(ft)
Basin
Area
(ft2)
Total
Area
(ac)
Void
Ratio
Increment
Volume (ft3)
Cumm
Volume
(ft3)
Cumm
Volume
(ac-ft)
200.00 0 186,900 4.2906 0 0 0.000
201.00 1.0 192,100 4.4100 100% 189,500 189,500 4.350
202.00 2.0 197,400 4.5317 100% 194,750 384,250 8.821
203.00 3.0 202,700 4.6534 100% 200,050 584,300 13.414
204.00 4.0 208,100 4.7773 100% 205,400 789,700 18.129
205.00 5.0 213,500 4.9013 100% 210,800 1,000,500 22.968 206.00 6.0 219,000 5.0275 100% 216,250 1,216,750 27.933 207.00 7.0 224,600 5.1561 100% 221,800 1,438,550 33.025 208.00 8.0 230,200 5.2847 100% 227,400 1,665,950 38.245 209.00 9.0 235,800 5.4132 100% 233,000 1,898,950 43.594 210.00 10.0 241,500 5.5441 100% 238,650 2,137,600 49.073 211.00 11.0 247,300 5.6772 100% 244,400 2,382,000 54.683 212.00 12.0 253,100 5.8104 100% 500,400 2,882,400 66.171 213.00 13.0 259,000 5.9458 100% 506,267 2,888,267 66.305 214.00 14.0 265,000 6.0836 100% 262,000 3,150,267 72.320 Basin 2
Basin Volume Calculations Infiltration Rate = 1 in/hr
Stage (ft)
Basin Area
(ft2)
Total Area
(ac)
Void Ratio
Increment
Volume
(ft3)
Cumm
Volume
(ft3)
Cumm
Volume
(ac-ft)
Infiltration
Flow (cfs)

0.00 40,000 0.9183 0 0 0.000 0.9259

0.50 40,000 0.9183 40% 8,000 8,000 0.184 Gravel Layer
Volume 1.00 40,000 0.9183 40% 8,000 16,000 0.367

1.50 40,000 0.9183 25% 5,000 21,000 0.482
BSM Layer
Volume

2.00 40,000 0.9183 25% 5,000 26,000 0.597

2.50 40,000 0.9183 25% 5,000 31,000 0.712

3.00 40,000 0.9183 25% 5,000 36,000 0.826

4.00 40,020 0.9187 100% 40,010 76,010 1.745 Ponding Depth

5.00 42,440 0.9743 100% 41,230 117,240 2.691

6.00 44,920 1.0312 100% 43,680 160,920 3.694 Freeboard

7.00 47,450 1.0893 100% 89,873 207,113 4.755
172
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Basin 3
Basin Volume Calculations Infiltration Rate = 1 in/hr
Stage
(ft)
Basin Area
(ft2)
Total
Area
(ac)
Void
Ratio
Increment
Volume
(ft3)
Cumm
Volume
(ft3)
Cumm
Volume
(ac-ft)
Infiltration
Flow
(cfs)

0.00 22,630 0.5195 0 0 0.000 0.5238

0.50 22,630 0.5195 40% 4,526 4,526 0.104 Gravel Layer

1.00 22,630 0.5195 40% 4,526 9,052 0.208 Volume

1.50 22,630 0.5195 25% 2,829 11,881 0.273
BSM Layer
Volume

2.00 22,630 0.5195 25% 2,829 14,710 0.338

2.50 22,630 0.5195 25% 2,829 17,538 0.403

3.00 22,630 0.5195 25% 2,829 20,367 0.468

4.00 24,420 0.5606 100% 23,525 43,892 1.008 Ponding Depth

5.00 26,260 0.6028 100% 25,340 69,232 1.589

6.00 28,160 0.6465 100% 27,210 96,442 2.214 Freeboard

7.00 30,120 0.6915 100% 56,360 125,592 2.883
Basin 4
Basin Volume Calculations Infiltration Rate = 1 in/hr
Stage
(ft)
Basin Area
(ft2)
Total
Area
(ac)
Void
Ratio
Increment
Volume
(ft3)
Cumm
Volume
(ft3)
Cumm
Volume
(ac-ft)
Infiltration
Flow
(cfs)
0 104,900 2.4082 0 0 0.000 2.4282

1.0 110,400 2.5344 100% 107,650 107,650 2.471

2.0 115,900 2.6607 100% 113,150 220,800 5.069

3.0 121,600 2.7916 100% 118,750 339,550 7.795

4.0 127,400 2.9247 100% 124,500 464,050 10.653
Basin 5 (Not modeled)
Assumed bioretention basins for individual neighborhoods Sized to retain 95th% runoff volume shown on Miramonte Storm Drain Master Plan Sheet 2 Basin Volume Calculations Infiltration Rate = 1 in/hr
Stage
(ft)
Basin Area
(ft2)
Total
Area
(ac)
Void
Ratio
Increment
Volume
(ft3)
Cumm
Volume
(ft3)
Cumm
Volume
(ac-ft)
Infiltration
Flow
(cfs)

0.00 195,300 4.4835 0 0 0.000 4.5208

0.50 195,300 4.4835 40% 39,060 39,060 0.897 Gravel Layer

1.00 195,300 4.4835 40% 39,060 78,120 1.793 Volume

1.50 195,300 4.4835 25% 24,413 102,533 2.354
BSM Layer
Volume

2.00 195,300 4.4835 25% 24,413 126,945 2.914

2.50 195,300 4.4835 25% 24,413 151,358 3.475

3.00 195,300 4.4835 25% 24,413 175,770 4.035

4.00 200,300 4.5983 100% 197,800 373,570 8.576 Ponding Depth

5.00 205,400 4.7153 100% 202,850 576,420 13.233 Freeboard 173
Attachment 3
Basin Outlet Structure Data (from RJA)
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Basin 1
Composite Outlet Structure:

Spillway Orifice #1 Orifice #2 Orifice #3 Orifice #4
Invert Height 12 ft 1 ft 4 ft 6 ft 9 ft
Size (Shape) 60 ft (Spillway) 12 in (Circular) 12 in (Circular) 12 in (Circular) 12 in (Circular) Basin 2
Composite Outlet Structure:

Riser #1 Orifice #1
Invert Height 6 ft 4 ft
Size (Shape) 3 ft x 4 ft (Rectangular) 12 in (Circular) Basin 3
Composite Outlet Structure:

Riser #1 Orifice #1
Invert Height 6 ft 4 ft
Size (Shape) 3 ft x 4 ft (Rectangular) 12 in (Circular) Basin 4
Composite Outlet Structure:

Riser #1 Orifice #1
Invert Height 3 ft 0 ft
Size (Shape) 3 ft x 4 ft (Rectangular) 1 ft x 0.8 ft (Rectangular) Basin 5
Composite Outlet Structure:

Assumed Six (6x) Risers
Invert Height 4 ft
Size (Shape) 3 ft x 4 ft (Rectangular)
175
Attachment 4
10yr Water Surface Elevation Increase due to Miramonte
Development as Originally Designed
176
%
%
Pre Dev Fld = 0.54
Post Dev Fld =0.64
Fld Diff =0.1
Pre Dev Fld = 0.1
Post Dev Fld =0.23
Fld Diff =0.13
Pre Dev Fld = 0.01
Post Dev Fld =0.4
Fld Diff =0.39
Pre Dev Fld = 0.03
Post Dev Fld =0.39
Fld Diff =0.36
Pre Dev Fld = 0.05
Post Dev Fld =0.39
Fld Diff =0.34
Pre Dev Fld = 0.25
Post Dev Fld =0.64
Fld Diff =0.39
Pre Dev Fld = 0.19
Post Dev Fld =0.54
Fld Diff =0.36
Pre Dev Fld = 0.35
Post Dev Fld =0.68
Fld Diff =0.34
¯
0 200 400 Feet
Legend
% Basin
Modeled Pipe
Flood Increase
No Increase
< 0.1'

0.1' - 0.2'

0.2' - 0.3'

0.3' - 0.4'
> 0.4'
Increase in 10yr WSEL due to Miramonte Development
177
Attachment 5
10yr Water Surface Elevation Increase due to Miramonte
Development with Final (Recommended) Design
178
%
%
¯
0 160 320 Feet
Legend
% Basin
Difference / none
No Change
0 - 0.1

0.1 - 0.15
> 0.15
Modeled Pipe
Increase in 10yr WSEL due to Miramonte Development
Pre-Dev Fld = 0.19
Post-Dev Fld = 0.28
Fld Diff = 0.09
Pre-Dev Fld = 0.03
Post-Dev Fld = 0.12
Fld Diff = 0.09
Pre-Dev Fld = 0.35
Post-Dev Fld = 0.43
Fld Diff = 0.08
Pre-Dev Fld = 0.05
Post-Dev Fld = 0.14
Fld Diff = 0.09
Pre-Dev Fld = 0.25
Post-Dev Fld = 0.35
Fld Diff = 0.09
Pre-Dev Fld = 0.26
Post-Dev Fld = 0.36
Fld Diff = 0.10
Pre-Dev Fld = 0.01
Post-Dev Fld = 0.11
Fld Diff = 0.10
Pre-Dev Fld = 0.01
Post-Dev Fld = 0.11
Fld Diff = 0.10
179
870 Market Street, Suite 1278
San Francisco, CA 94102
(415) 433-4848
[email protected]

MEMORANDUM
DATE: August 31, 2022
TO: Don Wilcox, PE, Director of Public Works (City of Soledad) FROM: Dan Schaaf, PE
SUBJECT: Draft Miramonte Development Storm Drainage System Analysis Introduction
The City of Soledad contracted Schaaf & Wheeler to complete a hydrologic and hydraulic analysis to determine the impact the Miramonte Development will have on the City’s storm drain system, and what, if any, improvements are required to support the development. Schaaf & Wheeler completed the City of Soledad Storm Drain Master Plan Update in 2015 and is utilizing the same hydrologic and hydraulic model to complete this analysis. More details about the model can be found in the Storm Drain Master Plan document. The existing storm drain master plan model has been updated with improvements to the City system that have been constructed since 2015.

The Miramonte Development is located to the north of the current City limit as shown in the attached storm drain system figure. Storm runoff in the development will be collected in a series of pipes and detention basins and will connect to the City’s existing drainage system at San Vicente Road. The development’s system has also been added to the model to analyze its impact on the City’s system during the 10-year storm event.

A figure is attached to this memo showing the Miramonte system and the downstream City system.

Hydrologic & Hydraulic Analysis
The hydrologic and hydraulic methodology are consistent with the 2015 master plan. The NRCS curve number method is applied to estimate basin runoff caused by 10-year and 100-year, 24- hour storms. The hydraulic model is MIKE URBAN (MU) with the MOUSE solver.

The MU model was run with and without the Miramonte Development. MIKE URBAN “Node flood” results were compared to determine the impact of the development on the City’s system.

Node flood is defined as the maximum depth of water above ground during the storm event.

Soledad’s level of service per the master plan is a maximum depth of 0.5-feet above ground during the 10-year event. This roughly translates to curb height which means water is contained in the street. The City’s existing storm drain system in and around San Vicente Road currently meets this level of service.

Of primary concern is the function of the proposed detention basin within the Miramonte project at the northwest corner of the City. This basin ultimately has the biggest impact on controlling runoff into the City’s existing storm drain system. Schaaf and Wheeler has worked with RJA to iteratively modify the model with varying basin geometry and outlet structure configurations and ensure that impacts to the City’s system are minimized such that the 10-year level of service is 180
To: Don Wilcox, PE (City of Soledad) August 31, 2022
Schaaf & Wheeler 2
maintained throughout the system, and that the 100-year event can safely spill from the basin away from the City’s pipe system.

Conclusion
From an initial design, alternatives have been explored to reduce the impact of the development on the City storm drain system. A design for the Miramonte detention basin had been identified that can reduce the impact of the development to an insignificant level, keeping modeled flood depths to below 0.5-feet.

The model has also been used to evaluate the 100-year event and performance of the proposed basin spillway. Importantly, model results indicate that the spillway passes flows that don’t exceed the pre-development 100-year peak with sufficient freeboard in the basin. Discharge through the orifices during a 100-year event also do not appear to significantly worsen flooding depths in the City’s system downstream. Performing the 100-year analysis is a conservative approach to evaluating downstream system performance. The 100-year event is beyond the City’s published performance criteria. However, it was analyzed to confirm that the risk of property damage downstream does not increase due to the project.

While a final basin design has not been identified, Schaaf & Wheeler has worked with the applicant team to identify a basin geometry and outlet configuration that meets the City’s level of service and other design criteria. The final design of the project basin will meet these criteria and a full technical analysis will be provided. Downstream improvements to the City’s existing system will not be required because the project is mitigating impact for the post-development condition.
181
#*
#*
#*
#*
#*
#*
#*
#*
#*
#*
%
%
%
%
%
% %
%
¯
0 1,500 3,000 Feet
Legend
% Basin
City Limit
Miramonte
Modeled Pipe
#* System Outlet
System Node
City of Soledad & Proposed Miramonte Storm Systems
182
SUBJECT: Resolution No. 6075, a Resolution of the City Council of the City of Soledad Establishing Speed Limits for Collector and Arterial Streets TO: Honorable Mayor Velazquez and City Council
FROM: Donald Wilcox, Public Works Director, Leon Gomez, PE, Interim City Engineer
MEETING DATE: May 1, 2024

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 13.

Recommendation
It is recommended that the City Council of the City of Soledad Consider and Adopt Resolution No. 6075, “A Resolution of the City Council of the City of Soledad Establishing Speed Limits for Collector and Arterial Streets.”
Executive Summary
In July 2013, the City of Soledad (City) performed an Engineering and Traffic Survey (E&TS) to establish speed limits for collector and arterial streets for a period of five years to 2018. In July 2018, the City Engineer extended the speed limits by another five years to July 2023. The previously established speed limits have expired. In late 2023, the City engaged its on-call traffic engineer, TL Engineering (TLE), to perform a new E&TS to establish updated speed limits for collector and arterial streets within the City. The new E&TS was completed in March 2024 and the City now has the authority to set updated speed limits that are enforceable.

Background
Speed limits establish a reasonable and safe operating speed for a specific section of roadway. In California, speed limits are governed by the California Vehicle Code (CVC). In compliance with State laws and the CVC, vehicle speed laws can only be enforced when speed limits of a roadway are determined by an E&TS. The E&TS is an engineering study of the prevailing speeds and a review of the traffic conditions of a roadway, and it is completed every five years for streets greater than 40’in width, regardless of the street’s classification. The E&TS can remain valid for a period of 10 years if a registered engineer determines no significant changes in roadway or traffic conditions have occurred.

Local streets have a prima facie speed limit of 25 mph unless a different speed limit is determined by an engineering study.

The most widely accepted method of determining the posted speed limit is to set the speed limit at the 183
“85th percentile speed”, which is the speed at or below which 85 percent of the traffic is travelling. The 85th percentile speed is the single most influential indicator of what is safe and reasonable, and it is used to determine the speed limit by rounding to the nearest 5 mph increment and then posting the speed limit at that speed. If there are conditions not readily apparent to the driver, as determined by a registered engineer, the posted speed limit may be lowered by 5 mph, but this must be clearly documented in the E&TS.

On December 13, 2023, City Council adopted Resolution No. 6034 approving Task Order No. 01 to TLE to prepare a new E&TS. From December 2023 to March 2024, TLE collected and evaluated data necessary to perform the E&TS. On March 1, 2024, TLE submitted a final report entitled, “City of Soledad Engineering and Traffic Survey, Final Report.” The report included a summary of radar speed surveys, recent traffic collision data, and daily traffic volumes at 28 locations on 16 roadways throughout the City and included the following:

Speed limit and speed zone traffic regulations;
Daily traffic counts and traffic collision history;
Speed survey results; and
Recommended speed limit changes.

Review & Analysis
The CVC and California MUTCD describe the procedure for establishing speed limits. CVC Sections 22354 and 22358 authorize local authorities to establish prima facie speed limits on streets and roads under their jurisdiction, on the basis of an E&TS. CVC Section 22352 allows the prima facie speed of 25 mph on any highway in any business or residential district, unless a different speed is determined by local authority under procedures set forth in the code.

Of the 28 locations evaluated, 5 are recommended to have speed limit changes. This includes locations where there are currently no posted speed limit signs. Recommended speed limit changes are shown in the final report and on Table 2: Speed Survey Data. A copy of the final report is included as Exhibit A to the Resolution.

On March 1, 2024, TLE also submitted a plan entitled, “Soledad Speed Survey Signing Improvements, Citywide Speed Limit Signs.” The plan shows the locations of existing signs and where new, relocated, and replaced signs are proposed to be installed throughout the City. All new signs and posts shall be installed in accordance with the latest Caltrans specifications and standard plans and applicable requirements of the latest California Manual on Uniform Traffic Control Devices (MUTCD). At the time of installation, the exact location of all new signs will be marked in the field by a contractor and shall be approved by the City prior to installation.

The final E&TS report prepared by TLE has been reviewed by the City’s Engineering and Public Works and Police Department staff. Provisions of the CVC allow the City to decrease or increase speed limits based on the findings contained in the E&TS by resolution. Failure to approve necessary adjustments in speed limits on the basis of an E&TS may jeopardize the City’s ability to enforce speed limits throughout the City.

Financial Considerations
Funding for the task order issued to TLE required a budget amendment to move funds from the City’s General Fund to the Public Works Department General Fund. Installation of new speed limits signs per the plan developed by TLE will be performed by the City’s Public Works Department and paid for from 184
Resolution No. 6075
Exhibit A - ETS Final Report.pdf
the Fiscal Year 2023-2024 Highway User Tax Funds.

Alternatives
Adopt the Resolution.

Do not adopt the Resolution. This is not recommended. If the current E&TS is not approved by city council, traffic citations may not be enforceable.

Planning/CEQA
This project is exempt under Class 6 of the current California Environmental Quality Act (CEQA) Guidelines. Section 15306, Information Collection of the CEQA Guidelines states the following, “Class 6 consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded.” Public Notice Requirements
None required.

Attachment(s):
185
1 RESOLUTION NO. 6075

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD

ESTABLISHING SPEED LIMITS FOR COLLECTOR AND ARTERIAL STREETS WHEREAS, pursuant to California Vehicle Code (CVC) Section 40802, a section of a highway or street is a “speed trap” if the prima facie speed limit is not justified by an Engineering and Traffic Survey (E&TS) performed within the specified time period, and the enforcement of the speed limit involves the use of radar or any other electronic device for measuring the speed of moving objects; and
WHEREAS, the evidence of speeding violation based on a speed trap is inadmissible in court (CVC Section 40803); and
WHEREAS, in view of the foregoing, the prima facie speed limits on various streets within the City must be determined and established on the basis of an E&TS, prepared in accordance with the provisions of the CVC and the California Manual on Uniform Traffic Control Devices (MUTCD); and
WHEREAS, since the E&TS are valid for a certain period of time, the City must periodically perform an E&TS and reevaluate the speed limits on segments of the roadways to establish enforceable speed limits; and
WHEREAS, in order to ensure compliance with the requirements set forth in the CVC, the City contracted with TL Engineering (TLE), a licensed traffic engineering consultant, to perform a new E&TS at 28 locations on 16 roadways throughout the City and a summary of recommended speed limit changes is presented in the final report attached as Exhibit A to this resolution; and
WHEREAS, the E&TS was performed in accordance with the requirements set forth in the CVC, California MUTCD and established traffic engineering practices, and a copy of the final E&TS report is on file with the City Clerk.

NOW THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Soledad that pursuant to the California Vehicle Code Sections 627, 21400, 22352, 22354, 40802, 22358.6, 22358.7, 22358.8, and 22358.9 et seq., the declared prima facie speed limits and maximum speed limits have been determined by an E&TS and are hereby established for the designated streets as shown in Exhibit A, attached hereto. The Public Works Director is authorized to file this Resolution and the E&TS with the Monterey County Superior Court.

PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 1st day of May 2024 by the following vote:

AYES, and in favor thereof Councilmembers:
186
2 NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
______________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
__________________________________
MEGAN HUNTER, City Clerk
187

CITY OF SOLEDAD

ENGINEERING AND TRAFFIC SURVEY

SOLEDAD, CALIFORNIA
Final Report
Prepared For
Public Works Department
Soledad, California
March 1, 2024
9-30-24
Exhibit A
188
Table of Contents
1 INTRODUCTION ............................................................................................................. 1 2 SPEED LIMIT AND SPEED ZONE CALCULATIONS .............................................................. 2

2.1 Blanket Traffic Regulations ........................................................................................ 2

2.2 Speed Limit Signs and Markings ................................................................................ 5 3 TRAFFIC COLLISION HISTORY.......................................................................................... 6 4 SPEED SURVEY RESULTS ................................................................................................. 8

4.1 Field Speed Surveys ................................................................................................... 8

4.2 Speed Survey Results ................................................................................................. 8 5 RECOMMENDED SPEED LIMIT CHANGES ...................................................................... 10

5.1 Establishing Speed Limits ......................................................................................... 10

5.2 Recommended Speed Limits ................................................................................... 13 6 CONCLUSION ............................................................................................................... 18 7 REFERENCES ................................................................................................................ 19 List of References .................................................................................................................... 19 List of Contacts ........................................................................................................................ 19 8 DISCLAIMER ................................................................................................................ 20 189
1 23-027-03 Soledad Speed Survey-Final.docx
1 INTRODUCTION
This study summarizes the 2024 engineering and traffic survey performed in the City of Soledad (City). The study includes a summary of radar speed surveys and recent traffic collisions at 28 locations on 16 roadways throughout the city.

This report includes the following:
• Speed limit and speed zone traffic regulations;
• Daily traffic counts and traffic collision history;
• Speed survey results; and
• Recommended speed limit changes.

The analysis within this report is based off of vehicle speed survey data, collision histories, and daily traffic volumes that were collected for this study; this information is summarized with Appendices A, B, & C of this document.
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2 23-027-03 Soledad Speed Survey-Final.docx
2 SPEED LIMIT AND SPEED ZONE CALCULATIONS
Traffic regulations regarding speed limits and zones are described in the California Department of Transportation’s (Caltrans) California Manual on Uniform Traffic Control Devices (CA MUTCD) and the California Vehicle Code (CVC). The information contained in the latest version of the CVC (effective January 1, 2024) was used to prepare this Engineering and Traffic Survey, including Sections 627, 21400, 22352, 22354, 22358, 40802, 22358.6, 22358.7, 22358.8, and 22358.9. This section summarizes blanket traffic regulations and speed limit sign and marking procedures.

2.1 Blanket Traffic Regulations
Speed limits in California are governed by the California Vehicle Code (CVC). The statutes contained in the CVC establish or provide means for establishing speed limits by blanket regulations or by prima facie speed limits which are established by local authorities on the basis of an engineering and traffic survey. The Soledad Engineering and Traffic Survey is intended to comply with the statutes contained in the Vehicle Code.

Basic Speed Law
Section 22350 of the CVC describes the Basic Speed Law. It states that “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.” Reasonable is defined in Merriam-Webster’s Collegiate Dictionary as “moderate,” “fair” and “not extreme or excessive," while prudent is defined as “marked by wisdom or judiciousness” and “shrewd in the management of practical affairs.” The courts have determined that the 85th percentile speed represents a reasonable or prudent speed.

Maximum Speed Limit
Section 22349 of the CVC provides that no person shall drive a vehicle upon a highway at a speed greater than 65 miles per hour (MPH). An exception to this, as stated in Section 22356, is that Caltrans may increase the speed limit to 70 MPH. This increase can only be made after consultation with the California Highway Patrol and on the basis of an engineering and traffic survey.

Even if the maximum speed is raised, certain vehicles are still not to be driven over 55 MPH per Section 22406. These are listed below:
• Motor trucks or truck tractors having three or more axles or any truck towing another vehicle.
• Passenger vehicles or buses towing other vehicles.
• School buses transporting any school pupil.
• Farm labor vehicles transporting passengers.
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3 23-027-03 Soledad Speed Survey-Final.docx
• Vehicles transporting explosives.
• Trailer buses, as defined in Section 636.

Speed Law Violations and Prima Facie Speed Limits
Section 22351 of the CVC states that “the speed of any vehicle upon a highway not in excess of the limits specified in Section 22352 or established as authorized in [the CVC] is lawful unless clearly proved to be in violation of the basic speed law.” This same section also states that “the speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in [the CVC] is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law [CVC Section 22350] at the time, place and under the conditions then existing.” Evidence may include what the CVC terms an “Engineering and Traffic Survey.” Section 22352 of the CVC establishes prima facie speed limits for local roads and streets.

The literal definition of the phrase “prima facie” is “first appearance”. It is also defined as “first view” and “before investigation”. Prima facie evidence is evidence sufficient to establish fact, or to raise presumption of fact, unless rebutted. Prima facie speed limits are those that are defined in Section 22352. These speed limits shall be applicable unless changed as authorized in the CVC and, if so changed, only when signs have been erected giving notice thereof.

A speed limit of 15 MPH applies at railroad crossings, at uncontrolled highway intersections with obstructed view, and on alleys. A speed limit of 25 MPH can be applied in any business or residence district unless a different speed is established by local authority under procedures described in the CVC. The 25 MPH speed limit also applies in school zones and senior centers.

Section 235 of the CVC describes a business district as an area which at least 50 percent of the properties are used for business for a minimum distance of 600 feet on one side or 300 feet on both sides of the highway. Section 515 describes a residence district as an area outside of the business district along a highway which has a minimum of 13 separate dwelling units on one side, or 16 on both sides for a minimum distance of a quarter-mile.

CVC Sections 22357 and 22358 authorize local authorities to establish prima facie speed limits on streets and roads under their jurisdiction, on the basis of an engineering and traffic survey. CVC Section 22352 allows the prima facie speed of 25 mph on any highway in any business or residence district, unless a different speed is determined by local authority or Caltrans under procedures set forth in the code.

CVC Sections 22358.3 and 22358.4 authorize local agencies to reduce prima facie speed limits to 20 or 15 MPH on narrow streets (roadway width less than 25 feet), school zones, or senior centers on the basis of engineering and traffic surveys. 192
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Speed Traps
Section 40802(a) of the CVC provides that prima facie speed limits established under Sections 22352(b), 22354, 22357, 22358, and 22358.3 may not be enforced by radar unless the speed limit has been justified by an engineering and traffic survey within the last five years. Roadways with speed limits not justified by an engineering and traffic survey are classified by the CVC as speed traps, which are outright prohibited in CVC Section 40801. Section 2B.13 of the 2014 CA MUTCD further emphasizes that a speed limit sign “shall display the limit established by law, ordinance, regulation, or as adopted by the authorizing agency based on the engineering study. Display shall be in multiples of 5 mph.” This regulation, however, does not apply to a local street, road, school zone, business activity district, or speed limit adopted under Section 22358.7 or 22358.8.

Note that the CA MUTCD states that engineering and traffic surveys can be repeated as late as every seven years if all of the following three criteria are met:

1. The enforcement officers have obtained a minimum of 24 hours of certified radar operator course training; and

2. The radar guns used by the enforcement officers either meet or exceed the standards of the National Traffic Highway Safety Administration; and

3. The radar guns have been calibrated within the last three years.

The CA MUTCD also states that the survey can be repeated as late as every ten years if the prior set of criteria are all met and if a registered engineer evaluates a particular roadway and finds that no significant changes in roadway or traffic conditions have occurred since the previous survey (including changes in adjoining property or land use, roadway width or traffic volume).

Local Streets
CVC Section 40802(b) defines local streets as ones that that are functionally classified as “local” on the California Road System Maps approved by the Federal Highway Administration and maintained by the California Department of Transportation (Caltrans).

If a local street is not indicated on the California Road System Maps, CVC Section 40802(b) also allows local streets and roads to be defined as those that provide access to abutting residential property and meet the following three conditions:
• Roadway width of not more than 40 feet;
• Not more than one-half mile of uninterrupted length. Interruptions shall include official traffic control signals as defined in Section 445; and • Not more than one traffic lane in each direction.

As noted in CVC Section 40802(a), roadways meeting either of the above CVC definitions for local streets and roadways are categorically exempt from any of the speed trap provisions within Section 40802. This means that the City of Soledad may enforce speed 193
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limits on local streets and roadways meeting either definition without first performing an engineering and traffic survey. However, enforcement on local streets would still be based upon the Basic Speed Law (i.e. the 85th percentile).

2.2 Speed Limit Signs and Markings
Section 21359 of the CVC states that speed limits established by Caltrans or a local authority shall be posted with the appropriate speed restriction signs for the speed limit to be effective. Speed limit signs shall be placed at the beginning of all restricted speed zones.

Speed limit markings with appropriate figures may be used to supplement speed limit signs.
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3 TRAFFIC COLLISION HISTORY
Recent collisions were considered to determine appropriate speed limits. Collision histories for the surveyed road segments during the 3-year period between January 1, 2020 and December 31, 2022 were obtained from the California Highway Patrol website (SWITRS), and are summarized in Appendix B. From this data, as well as Average Daily Traffic (ADT) volumes collected during December 2023 (Appendix C), collision rates were quantified for each surveyed roadway segment.

Note that several roadway segments have various distinct characteristics, and thus each roadway type is assessed separately. Gabilan Drive from San Vicente Road to its termination at the east end of town has three distinct roadway types, and the volumes and collision data are also different for each of these. Therefore, the Gabilan Drive project segment was broken off into three sub-segments. San Vicente Road has a constant roadway width, but the traffic volumes are significantly different between Front Street and Gabilan Drive than from Gabilan Drive to its termination on the north end. Therefore, the San Vicente Road project segment was broken off into two sub-segments. At the north end of town there is very little development (north of San Vicente Road), and Front Street connects to the US 101 freeway ramps, so traffic is naturally speeding up. The City’s downtown area is located along Front Street between San Vicente Road and Oak Street. The area along Front Street between Oak Street and Hector De La Rosa is a more commercial area with no on-street parking, so it is designated with a higher speed limit.

Therefore, the Front Street project segment was broken off into three sub-segments. All other study corridors maintain a relatively uniform roadway type. The resulting collision rates are summarized below in Table 1.
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Notes:

1. Collision data was obtained from CA CHP (SWITRS) and are included within Appendix B.

2. Daily traffic volume collected during December 2023 and included within Appendix C.

3. Collisions are from January 1, 2020 to December 31, 2022.

4. Statewide average collision rates are rates for similar roadways throughout California, and are taken from 2021 Crash Data on California State Highways, California Department of Transportation, 2021

Table 1: Collision Rates
Project Street Statewide Average
1A Gabilan Drive (San Vicente-West) 18 4,842 9.70 1.03
1B Gabilan Drive (West-Granada) 14 4,444 7.02 1.3
1C Gabilan Drive (Granada-East End) 2 4,046 1.00 1.08
2A San Vicente Road 13 8,080 3.19 1.05
2B San Vicente Road 3 3,282 1.11 1.05
3 West Street 29 3,139 11.56 1.08
4 Market Street 24 1,291 24.25 1.08
5 Vista De Soledad 5 1,658 3.88 1.08
6 Andalucia Drive 10 2,357 7.75 1.08
7 East Street 16 4,914 11.44 1.08
8 Entrada Drive 6 1,287 6.26 1.08
9 Prado Drive 9 2,002 7.46 1.08
10 Orchard Lane 9 3,211 2.02 1.08
11 Third Street 13 4,689 6.49 1.08
12 Metz Road 29 4,233 6.66 1.08
13 Palm Avenue 12 2,561 5.56 1.08
14 Monterey Street 54 4,187 9.58 1.08
15A Front Street (Moranda-Benito) 22 15,918 6.64 1.08
15B Front Street (Benito-Oak) 36 6,958 7.16 1.08
15C Front Street (Oak-HDLR) 29 17,001 3.31 1.08
16 Nestles Road 30 4,761 8.72 1.08
= Project street segment with collision rate higher than the State average Avg Daily
Traffic
(Vehicles)
Collision Rate
(collisions per
million vehicles) No. Street Total
Collisions
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4 SPEED SURVEY RESULTS
This section of the report summarizes the results of the radar speed surveys. The median speed (50th percentile) and critical speed (85th percentile speeds) are reported.

4.1 Field Speed Surveys
Radar speed surveys were collected for each surveyed roadway. The measurement of prevailing speeds was done by using a radar speed gun. The following general procedures were followed for the measurements:
• Locations were selected where prevailing speeds were representative of the entire speed zone. Areas near traffic control devices and horizontal and vertical curves were avoided.
• Speed measurements were taken during off-peak hours on weekdays. If there was difficulty in obtaining the desired quantity, speed measurements were taken during other periods with free-flowing traffic.
• Weather was fair and the surveyor and radar equipment were as inconspicuous as possible.
• Angle to roadway centerline was no greater than 15 degrees in both directions. • Each survey sample was a minimum of 100 vehicles (50 minimum in each direction).
• Short speed zones of less than one-half mile were avoided where possible. • Speed zone changes were coordinated with changes in roadway conditions or roadside development.
• Because City of Soledad is an urban area, speed zone changes in 5 MPH increments were allowed.

The speed surveys for all of the surveyed roadways are included within Appendix A.

4.2 Speed Survey Results
Table 2 summarizes the existing speed limits, median (50th percentile) speeds and 85th percentile speeds for all studied street segments. The median speed is the middle value of speeds ranked in order of magnitude. The 85th percentile speed is the speed at or below which 85 percent of people surveyed drive.
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Table 2: Speed Survey Data
Notes:

1. mph = miles per hour.

2. NB, SB, EB, WB = Northbound, Southbound, Eastbound, Westbound.

Recommended
Speed
(mph)
1 Gabilan Drive San Vicente Rd - West Street EB 30 25 30 21-30 70% 30 WB 30 26 30 23-32 80% 30
2 Gabilan Drive West Street - east end EB 30 25 31 20-29 73% 30 WB 30 26 32 21-30 71% 30
3 San Vicente Road Front Street - Gabilan Drive NB 40 34 42 30-39 68% 40 SB 40 36 41 31-40 70% 40
4 San Vicente Road Gabilan Drive - north end NB 40 34 42 29-38 73% 45 SB 40 40 48 35-44 61% 45
5 West Street Front Street - Gabilan Drive EB 35 35 40 30-39 75% 35 WB 35 30 35 26-35 82% 35
6 West Street Gabilan Drive - north end EB 25 25 28 20-29 85% 25 WB 25 23 28 17-26 67% 25
7 Market Street San Vicente Rd - West Street EB 25 23 29 20-29 68% 25 WB 25 27 33 22-31 67% 25
8 Market Street West Street - Dixi Street EB 25 25 30 21-30 68% 25 WB 25 26 30 18-35 83% 25
9 Vista De Soledad Gabilan Drive - Entrada Drive NB None 28 32 23-32 85% 30 SB None 30 35 27-36 81% 30
10 Vista De Soledad Entrada Drive - San Vicente Rd NB None 34 38 30-39 75% 35 SB None 31 37 27-36 75% 35
11 Andalucia Drive Metz Road - Gabilan Drive NB 25 19 23 16-25 89% 25 SB 25 19 23 16-25 89% 25
12 East Street Front Street - Metz Road NB 25 25 30 22-31 79% 25 SB 25 24 29 21-30 75% 25
13 Entrada Drive Vista De Soledad - West St EB None 23 25 18-27 93% 25 WB None 21 24 18-27 91% 25
14 Entrada Drive West Street - Orchard Lane EB 25 23 29 20-29 82% 25 WB 25 25 30 21-30 76% 25
15 Prado Drive Gabilan Drive - Vida Street NB None 24 27 20-29 90% 25 SB None 22 25 17-26 87% 25
16 Orchard Lane Metz Road - Gabilan Drive NB None 31 37 28-37 74% 35 SB None 31 37 28-37 70% 35
17 Orchard Lane Gabilan Drive - Terraza Street NB 35 34 38 31-39 71% 35 SB 35 29 34 25-34 75% 35
18 3rd Street Monterey Street - Metz Road NB 25 30 34 26-35 77% 30 SB 25 32 36 26-35 69% 30
19 Metz Road East Street - Orchard Lane EB 25 33 39 29-38 75% 30 WB 25 30 34 26-35 88% 30
20 Metz Road Orchard Lane - Tiburon Place EB None 30 35 26-35 77% 35 WB None 30 34 25-34 72% 35
21 Palm Avenue Dixi Street - 3rd Street EB 25 24 28 19-28 81% 25 WB 25 25 30 21-30 88% 25
22 Palm Avenue 3rd Street - east end EB 25 27 31 23-32 79% 25 WB 25 26 32 21-30 74% 25
23 Monterey Street West Street - Oak Street EB 25 24 29 20-29 80% 25 WB 25 23 25 18-27 96% 25
24 Monterey Street Oak Street - 8th Street EB 25 27 32 23-32 80% 25 WB 25 27 31 22-31 84% 25
25 Front Street Moranda Road - Benito Street EB 35 25 32 19-28 66% 35 WB 35 27 36 22-31 64% 35
26 Front Street Benito Street - Oak Street EB 25 23 29 19-28 72% 25 WB 25 21 26 18-27 95% 25
27 Front Street Oak Street - HDLR Street NB 35 32 36 27-36 83% 35 SB 35 34 40 33-42 63% 35
28 Nestles Road Front Street - Los Coches Rd NB 25 25 32 19-28 62% 25 SB 25 26 31 23-32 78% 25
= Project street segment with a recommended speed limit change from existing conditions.

Existing
Speed
Limit
(mph)
No. Street Segment Direction
Median
Speed
(mph)
Critical
Speed
(mph)
10 mph
Pace
Speed
% within
Pace
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5 RECOMMENDED SPEED LIMIT CHANGES
This section summarizes recommended speed limits on the surveyed street segments and the reasons behind those recommendations.

5.1 Establishing Speed Limits
The CVC and the California Manual on Uniform Traffic Control Devices (CA MUTCD) describes the procedure for establishing speed limits. Section 22358.6 of the CVC states that “The [California] Department of Transportation shall, in the next scheduled revision, revise and thereafter maintain the California Manual on Uniform Traffic Control Devices [CA MUTCD] to require the [California] Department of Transportation or a local authority to round speed limits to the nearest five miles per hour of the 85th percentile of the free-flowing traffic.” Accordingly, Section 2B.13 of the 2014 CA MUTCD states that “When a speed limit is to be posted, it shall be established at the nearest 5 mph increment of the 85th-percentile speed of free-flowing traffic,” based upon the results of a vehicle engineering and traffic survey. Note that this procedure can, in certain instances, result in speed limits of 1 or 2 MPH higher than the surveyed critical speed.

The 85th percentile speed is the speed at or below which 85 percent of the vehicles are driven.

The 85th percentile speed is often referred to as the critical speed. Speed limits higher than the critical speed are not generally considered reasonable and safe, while limits below the critical speed do not facilitate the orderly movement of traffic. Speed limits established on this basis conform to the consensus of those who drive highways as to what speed is reasonable and safe, and are not dependent on the judgement of one or a few individuals.

There are three categories of speed adjustments allowed by the CA MUTCD – 1) business district; 2) residential density; and 3) pedestrian and bicyclist safety. Each category has its own factors that must be considered prior to application; each is described in Subsections 5.1.1 thorough

5.1.3, below. There is also a one-time exception that allows for the 85th percentile speed (i.e. critical speed) to be rounded down instead of up – this exception is described in Subsection 5.1.4.

5.1.1 Business District
As previously noted in Section 2.1 of this document, speed limits within business districts are defined in the CVC as 25 MPH. Section 235 of the CVC describes a business district as an area where at least 50 percent of the properties are used for business for a minimum distance of 600 feet on one side or 300 feet on both sides of the highway.

5.1.2 Residential Density Reduction
As described within the CA MUTCD, a speed reduction of 5 MPH can be applied to the nearest 5 MPH increment to the critical speed if either of the following building densities currently exists along a roadway:

1. The density of separate dwelling houses or business structures contiguous along one side of a roadway is at least 13 dwelling houses or business structures per

0.25 miles; or
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2. The density of separate dwelling houses or business structures contiguous along both sides of a roadway is at least 16 houses or structures per 0.25 miles.

5.1.3 Pedestrian and Bicyclist Safety
The CA MUTCD states that pedestrian and bicyclist safety can also be used as justification for keeping a speed limit low. The CA MUTCD does not provide specific criteria for use in this justification; however, in the spirit of the other guidance and statutes in the CA MUTCD and CVC, it is recommended that reductions be minimized where possible and that this be limited to roadways with moderate to heavy pedestrian and bicycle activity, such as near schools, parks, and other public gathering areas, as well as along obvious and established routes to schools. The factors which can enter into this decision process include the following:
• Most recent two-year collision record (minimum)
• Roadway design speed
• Safe stopping sight distance
• Superelevation
• Shoulder conditions
• Profile conditions
• Intersection spacing and offsets
• Commercial driveway characteristics
• Pedestrian traffic in roadway without sidewalks
The above factors conform to the conditions of CVC Section 627, “Engineering and Traffic Survey”, which states that the following factors shall be included for consideration:
• Prevailing speeds as determined by traffic engineering measurements • Collision records
• Highway, traffic, and roadside conditions not readily apparent to the driver • Pedestrian and bicyclist safety
The CA MUTCD also notes the following additional factors that may be considered when establishing or re-evaluating a speed limit:
• Roadway alignment
• Pace Speed (i.e. the 10 MPH interval in which the highest percentage of vehicle speeds are situated)
• Roadside development and environment
• Parking practices and pedestrian activity
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5.1.4 Exception for Adjustment of Critical Speed
The CVC contains an exception to the CA MUTCD procedure to establish a speed limit from the critical speed (i.e. 85th percentile speed). Section 22358.6 of the CVC allows for the speed limit of a roadway to be rounded down to the nearest 5 MPH increment below the critical speed, as long as the speed limit would have otherwise been rounded up to the 5 MPH increment above the critical speed. A local authority may additionally lower the speed limit as provided in Section 22358.7 & 22358.8 of the CVC.

The speed reduction criteria under CVC Section 22358.7, which involves designating a roadway as a safety corridor, cannot be implemented until June 30, 2024. Therefore, this speed reduction criteria will not be used in this study.

The speed reduction criteria under CVC Section 22358.8 states the following:
(a) If a local authority, after completing an engineering and traffic survey, finds that the speed limit is still more than is reasonable or safe, the local authority may, by ordinance, retain the current speed limit or restore the immediately prior speed limit if that speed limit was established with an engineering and traffic survey and if a registered engineer has evaluated the section of highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit. (b) This section does not authorize a speed limit to be reduced by any more than five miles per hour from the current speed limit nor below the immediately prior speed limit.

If the rounding down adjustment is applied to the critical speed, only the additional reduction described in CVC Section 22358.8 may be applied. Additional adjustments based on the Business District, Residential Density, or Pedestrian & Bicycle Safety cannot be made. This means that if this exception is applied, none of the other adjustments described under Subsections 5.1.1 through 5.1.3 could be applied, regardless of whether or not the criteria for those other adjustments are met. For example, if the critical speed was found to be 33 MPH, instead of rounding up to 35 MPH (the nearest 5 MPH increment), the speed limit could be rounded down to 30 MPH using the exception, but no further reductions, other than those described in CVC Section 22358.8, could be taken.

Alternatively, if the critical speed was found to be 32 MPH, the nearest 5 MPH increment would be 30 MPH – a speed lower than the critical speed – and thus the exception would not apply but the other adjustments described in Subsections 5.1.1 through 5.1.3 could be applied if their criteria are met.
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5.2 Recommended Speed Limits
Most of the existing speed limits on the 28 surveyed street segments are recommended to be retained. However, there are a few segments for which a change in speed limit is recommended.

For some of the project segments, the observed critical speeds exceed the existing speed limits by 5 MPH or more. However, a review of other factors besides the critical speed indicates that some of these existing speed limits are appropriate. These factors are included as an explanation for not raising the speed limit. The existing and proposed speed limits are indicated in parentheses next to each corridor (Existing MPH / Proposed MPH).

1. Gabilan Drive – San Vicente Road to West Street (30 MPH / 30 MPH) The critical speed is at 30 MPH. No rounding is necessary and no exceptions apply to this segment of roadway, but none are necessary to maintain the existing speed limit. It is therefore recommended that the existing speed limit be retained.

2. Gabilan Drive – West Street to east end of town (30 MPH / 30 MPH) The critical speed is at 31.5 MPH. This rounds down to a speed of 30 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). No exceptions apply to this segment of roadway, but none are necessary to maintain the existing speed limit. It is therefore recommended that the existing speed limit be retained. It is also important to note that there are several schools within this study segment (Soledad High School, Pinnacles High School, and Jack Franscioni Elementary School). In addition to the 30 MPH speed limit signs, the City should also install the appropriate SR4-1(CA) signs (i.e. 25 MPH school speed limit sign) at each school approach per section 7B.15 of the CA MUTCD.

3. San Vicente Road – Front Street to Gabilan Drive (40 MPH / 40 MPH) The critical speed is at 41.5 MPH. This rounds down to a speed of 40 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). No exceptions apply to this segment of roadway, but none are necessary to maintain the existing speed limit. It is therefore recommended that the existing speed limit be kept at 40 MPH.

4. San Vicente Road – Gabilan Drive to north end of town (40 MPH / 45 MPH) The critical speed in the northbound and southbound directions is 42 MPH and 48 MPH, respectively. This yields an average critical speed of 45 MPH. No rounding is necessary.

No exceptions apply to this segment of roadway, so it is therefore recommended that the existing speed limit be increased to 45 MPH.

5. West Street – Front Street to Gabilan Drive (35 MPH / 35 MPH) The critical speed in the eastbound and westbound directions is 40 MPH and 35 MPH, respectively. This yields an average critical speed of 37.5 MPH. This rounds up to a speed of 40 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC 202
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Section 22358.6(a). Normally that would require a speed limit change to 40 MPH.

However, due to the density of residential buildings along both sides of the street, a 5 MPH reduction is applied and the speed limit is recommended to be kept at 35 MPH.

6. West Street – Gabilan Drive to north end of town (25 MPH / 25 MPH) The critical speed is 28 MPH. Normally that would require a speed limit change to 30 MPH. However, the rounding exception in Section 22358.6 of the CVC is being applied to this segment and the speed limit is recommended to be kept at 25 MPH.

7. Market Street – San Vicente Road to West Street (25 MPH / 25 MPH) The critical speed in the eastbound and westbound directions is 29 MPH and 33 MPH, respectively. This yields an average critical speed of 31 MPH. This rounds down to a speed of 30 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). Normally that would require a speed limit change to 30 MPH.

However, due to the density of residential buildings along both sides of the street, a 5 MPH reduction is applied and the speed limit is recommended to be kept at 25 MPH.

8. Market Street – West Street to Dixi Street (25 MPH / 25 MPH) The critical speed is 30 MPH. Normally that would require a speed limit change to 30 MPH. However, due to the density of residential buildings along both sides of the street, a 5 MPH reduction is applied and the speed limit is recommended to be kept at 25 MPH.

9. Vista De Soledad – Gabilan Drive to Entrada Drive (NONE / 30 MPH) The critical speed in the northbound and southbound directions is 32 MPH and 35 MPH, respectively. This yields an average critical speed of 33.5 MPH. This rounds up to a speed of 35 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). Normally that would require a speed limit designation of 35 MPH.

However, due to the density of residential buildings along both sides of the street, a 5 MPH reduction is applied and the speed limit is recommended to be set at 30 MPH.

10. Vista De Soledad – Entrada Drive to San Vicente Road (NONE / 35 MPH) The critical speed in the northbound and southbound directions is 38 MPH and 37 MPH, respectively. This yields an average critical speed of 37.5 MPH. This rounds up to a speed of 40 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). Normally that would require a speed limit designation of 40 MPH.

However, due to the density of residential buildings along both sides of the street, a 5 MPH reduction is applied and the speed limit is recommended to be set at 35 MPH.

11. Andalucia Drive – Metz Road to Gabilan Drive (25 MPH / 25 MPH) The critical speed is 23 MPH. This rounds up to a speed of 25 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). No exceptions are necessary for this segment of roadway, and it is recommended that the existing speed limit be kept at 25 MPH.
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12. East Street – Front Street to Metz Road (25 MPH / 25 MPH) The critical speed is 30 MPH. No rounding is necessary. Normally that would require a speed limit designation of 30 MPH. However, due to the density of residential buildings along both sides of the street, a 5 MPH reduction is applied and it is recommended that the existing speed limit be kept at 25 MPH.

13. Entrada Drive – Vista De Soledad to West Street (25 MPH / 25 MPH) The critical speed is 25 MPH. No rounding is necessary. No exceptions are necessary for this segment of roadway, and it is recommended that the existing speed limit be kept at 25 MPH.

14. Entrada Drive – West Street to Orchard Drive (25 MPH / 25 MPH) The critical speed is 30 MPH. No rounding is necessary. Normally that would require a speed limit designation of 30 MPH. However, due to the density of residential buildings along both sides of the street, a 5 MPH reduction is applied and it is recommended that the existing speed limit be kept at 25 MPH.

15. Prado Drive – Gabilan Drive to Vida Street (25 MPH / 25 MPH) The critical speed is 26 MPH. This rounds down to a speed of 25 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). No exceptions are necessary for this segment of roadway, and it is recommended that the existing speed limit be kept at 25 MPH.

16. Orchard Lane – Metz Road to Gabilan Drive (NONE / 35 MPH) The critical speed is 37 MPH. This rounds down to a speed of 35 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). No exceptions are necessary for this segment of roadway, and it is recommended that the speed limit be set at 35 MPH.

17. Orchard Lane – Gabilan Drive to Terraza Street (35 MPH / 35 MPH) The critical speed in the northbound and southbound directions is 38 MPH and 34 MPH, respectively. This yields an average critical speed of 36 MPH. This rounds down to a speed of 35 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). No exceptions are necessary for this segment of roadway, and it is recommended that the existing speed limit be kept at 35 MPH.

18. 3rd Street – Monterey Street to Metz Road (25 MPH / 30 MPH) The critical speed in the northbound and southbound directions is 34 MPH and 36 MPH, respectively. This yields an average critical speed of 35 MPH. No Rounding is necessary.

Normally that would require a speed limit designation of 35 MPH. However, due to the density of residential buildings along both sides of the street, a 5 MPH reduction is applied and the speed limit is recommended to be set at 30 MPH. 204
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19. Metz Road – East Street to Orchard Lane (25 MPH / 30 MPH) The critical speed in the eastbound and westbound directions is 39 MPH and 34 MPH, respectively. This yields an average critical speed of 36.5 MPH. This rounds down to a speed of 35 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). Normally that would require a speed limit designation of 35 MPH. However, due to the density of residential buildings along one side of the street, and based on the fact that there are two elementary schools located within this street segment, a 5 MPH reduction is applied and it is recommended that the existing speed limit be increased to 30 MPH. In addition to the 30 MPH speed limit signs, the City should also ensure that the appropriate SR4-1(CA) signs (i.e. 25 MPH school speed limit sign) are installed at each school approach per section 7B.15 of the CA MUTCD.

20. Metz Road – Orchard Lane to Tiburon Place (NONE / 35 MPH) The critical speed in the eastbound and westbound directions is 35 MPH and 34 MPH, respectively. This yields an average critical speed of 34.5 MPH. This rounds up to a speed of 35 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). No reduction is applied for this segment, and it is recommended that the speed limit be set at 35 MPH.

21. Palm Avenue – Dixi Street to 3rd Street (25 MPH / 25 MPH) The critical speed in the eastbound and westbound directions is 28 MPH and 30 MPH, respectively. This yields an average critical speed of 29 MPH. This rounds up to a speed of 30 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). Normally that would require a speed limit designation of 30 MPH.

However, due to the density of residential buildings along both sides of the street, a 5 MPH reduction is applied and it is recommended that the existing speed limit be kept at 25 MPH.

22. Palm Avenue – 3rd Street to east end of town (25 MPH / 25 MPH) The critical speed in the eastbound and westbound directions is 31 MPH and 32 MPH, respectively. This yields an average critical speed of 31.5 MPH. This rounds down to a speed of 30 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). Normally that would require a speed limit designation of 30 MPH. However, due to the density of residential buildings along both sides of the street, a 5 MPH reduction is applied and it is recommended that the existing speed limit be kept at 25 MPH.

23. Monterey Street – West Street to Oak Street (25 MPH / 25 MPH) The critical speed in the eastbound and westbound directions is 29 MPH and 25 MPH, respectively. This yields an average critical speed of 27 MPH. This rounds down to a speed of 25 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). No exceptions are necessary for this segment of roadway, and it is recommended that the existing speed limit be kept at 25 MPH. 205
17 23-027-03 Soledad Speed Survey-Final.docx

24. Monterey Street – Oak Street to 8th Street (25 MPH / 25 MPH) The critical speed in the eastbound and westbound directions is 32 MPH and 31 MPH, respectively. This yields an average critical speed of 31.5 MPH. This rounds down to a speed of 30 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). Normally that would require a speed limit designation of 30 MPH. However, due to the density of residential buildings along both sides of the street, a 5 MPH reduction is applied and it is recommended that the existing speed limit be kept at 25 MPH.

25. Front Street – Moranda Road to Benito Street (35 / 35 MPH) The critical speed in the eastbound and westbound directions is 32 MPH and 36 MPH, respectively. This yields an average critical speed of 34 MPH. This rounds up to a speed of 35 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). No exceptions are applicable for this segment of roadway. Therefore, it is recommended that the existing speed limit be kept at 35 MPH.

26. Front Street – Benito Street to Oak Street (25 MPH / 25 MPH) The critical speed in the eastbound and westbound directions is 29 MPH and 26 MPH, respectively. This yields an average critical speed of 27.5 MPH. This rounds up to a speed of 30 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). Normally that would require a speed limit designation of 30 MPH.

However, most of the properties along this street segment are commercial properties, as this is the city's downtown area. Therefore, this area is considered a business district and a 5 MPH reduction is applied, so it is recommended that the existing speed limit be kept at 25 MPH.

27. Front Street – Oak Street to HDLR Street (35 MPH / 35 MPH) The critical speed in the eastbound and westbound directions is 36 MPH and 40 MPH, respectively. This yields an average critical speed of 38 MPH. This rounds up to a speed of 40 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). Normally that would require a speed limit designation of 40 MPH.

However, most of the properties along this street segment (between Nestles Road and HDLR Street) are commercial properties. Therefore, this area is considered a business district and the business district guidelines are applied, so it is recommended that the existing speed limit be kept at 35 MPH.

28. Nestles Road – Front Street to Los Coches Road (25 MPH / 25 MPH) The critical speed in the eastbound and westbound directions is 32 MPH and 31 MPH, respectively. This yields an average critical speed of 31.5 MPH. This rounds down to a speed of 30 MPH based on the guidelines from Section 2B.13 of the 2014 CA MUTCD and CVC Section 22358.6(a). Normally that would require a speed limit designation of 30 MPH. However, most of the properties along this street segment are commercial properties. Therefore, this area is considered a business district and the business district guidelines are applied, so it is recommended that the existing speed limit be kept at 25 206
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MPH.
6 CONCLUSION
Twenty-four (23) of the twenty-eight (28) surveyed locations are recommended to retain the existing speed limits, while speed limit changes are recommended at five (5) of the locations based on the speed survey data.
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7 REFERENCES
List of References
California Vehicle Code (California Legislative Information) web site, https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=VEH&tocTitle=+ Vehicle+Code+-+VEH, accessed January 2024.

1. California Manual on Uniform Traffic Control Devices Revision 7, California Department of Transportation (Caltrans), March 2023.

2. Merriam-Webster’s Collegiate Dictionary, 11th Edition, Merriam Webster, 2020.

List of Contacts

1. Leon Gomez, City of Soledad Interim City Engineer

2. Donald Wilcox, City of Soledad Public Works Director

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8 DISCLAIMER
“This document has been prepared for the titled project or named part thereof and should not be relied upon or used for any other project without an independent check being carried out as to its suitability and prior written authority of TL Engineering being obtained. TL Engineering accepts no responsibility or liability for the consequences of this document being used for a purpose other than the purposes for which it was commissioned. Any person using or relying on the document for such other purposes agrees, and will by such use or reliance be taken to confirm his agreement, to indemnify TL Engineering for all loss or damage resulting therefrom. TL Engineering accepts no responsibility or liability for this document to any party other than the person by whom it was commissioned.

To the extent that this report is based on information supplied by other parties, TL Engineering accepts no liability for any loss or damage suffered by the client, whether contractual or tortious, stemming from any conclusions based on data supplied by parties other than TL Engineering and use by TL Engineering in preparing this report.”

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SUBJECT: Resolution No. 6076, a Resolution of the City Council of The City of Soledad Approving the Consulting Services Agreement with Pavement Engineering Inc. for Construction Management and Inspection Services for The 2024 Crack Seal Project and Authorizing the City Manager to Execute Said Agreement For $76,000
TO: Honorable Mayor Velazquez, and City Manager
FROM: Donald Wilcox, Public Works Director, Alex Ramos Assistant Engineer MEETING DATE: May 1, 2024

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter
AGENDA ITEM NO. 14.

Recommendation
It is recommended that the City Council of the City of Soledad Consider and Adopt Resolution No. 6076, “Approving the Consulting Services Agreement with Pavement Engineering Inc. for Construction Management and Inspection Services for the 2024 Crack Seal Project and Authorizing the City Manager to Execute said Agreement for $76,000.

Executive Summary
To facilitate successful project delivery and product, the City of Soledad utilizes construction management and inspection services to supplement city staff on major construction projects and provide construction oversight. Considering the amount of coordination and the continuous change of the project area, staff selected Pavement Engineering Inc. from the city’s on-call consultant list to prepare a formal proposal for this project as staff has determined that Pavement Engineering Inc. has the experience and a team of qualified professionals to perform the services required of this project.

Therefore, staff recommends approval of a consulting services agreement with Pavement Engineering Inc. for the 2024 Crack Seal Project for $76,000. The City’s Standard consulting services agreement form is to be used.

Background
The City of Soledad has some of the best streets in the whole Monterey County and as such has received numerous compliments from other agencies, consultants, residents, and visitors of the city. To continue efforts in maintaining the city-owned streets on a limited budget for a large inventory, Staff in coordination with Pavement Engineering Inc. (PEI) completed the 2023 Pavement Management Program Update (PMP) as presented to Soledad City Council on October 18, 2023. In the PMP, Staff was able to determine the actual average Pavement Condition Index (PCI) of the whole City and 210
identify prescriptive treatments on individual streets and their PCI. This allows Staff to create projects and address a number of streets with the same treatment to effectively utilize funds to address multiple streets.

In 2021, the City performed a street maintenance project was in 2021 in which many streets were treated with a slurry seal. Since then, the City has not had another street maintenance project completed and in dire need of one to prevent the streets from deteriorating any further and to avoid doing a heavier treatment thus a more costly project. Crack sealing is the most fundamental pavement maintenance that can be performed. Road deterioration such as potholes and failed road base are most often caused by water entering unsealed pavement. Crack sealing helps save streets from needing expensive reconstruction long before the roadway is worn out.

Therefore, Staff prepared and formally put out to bid a Crack Seal Project. As part of this project, streets have been identified with cracks large enough to be filled with an adhesive to prevent the infiltration of water that, if left unattended, can create serious issues. A simple project in terms of scope of work but nevertheless a cost-effective treatment that will prolong the life of city streets.

Review & Analysis
Under resolution No. 5698, the City Council approved a list of on-call professional services consultants to provide more flexibility to City staff for required infrastructure upgrades or repairs and increase efficiencies with the established list of qualified professional services contractors.

Staff has selected PEI from the city’s on-call consultant list as they have the firm experience and team of qualified professionals with the specialized skillset to perform the services required for this project.

PEI assisted in completing the PMP and thus has a strong familiarity with the city and the current conditions of the streets within the city. Crack sealing construction management requires knowledgeable, experienced oversight to confirm the project goes as specified and safely. Adequate pre-cleaning of the pavement cracks is time-consuming and can be rushed without close inspection, along with placement of the right amount of material at the right temperature. Crack filling is also one of the most dangerous street maintenance projects as the project is constantly moving (not on a closed road), so correct and adequate dynamic traffic control, especially in intersections while placing extremely hot tar-like crack fill, requires constant attention from application to clean-up. Construction Management also includes measurement of quantities placed, evaluating change orders and pay requests.

PEI’s proposal includes all potential hours necessary to manage the project. Since Soledad’s consultant agreements are based on time and materials paid at established hourly rates (not flat fee or lump sum), the City only pays for the level of effort expended, not necessarily the maximum level of effort anticipated in the proposal. Therefore, if the contractor performs well and requires less CM level of effort than anticipated, the cost of CM could be much lower than the proposal total. The City only pays for the level of effort needed.

The Construction Management and Inspection Services will provide support to the City during the construction phase of the project. On major projects of this magnitude, Staff has typically sought these services from qualified firms, this is especially the case considering a significant amount of the construction work will be done in various locations throughout the City and will require coordination with residents, schools, and the Police Department.

A map of the streets this project plans to address is attached “Exhibit B.” as such to ensure that we have 211
Resolution No. 6076
Exhibit A - Copy of Agreement PEI
Exhibit B - Map of Streets under this project
a successful project and product, Staff recommends that City Council approve this Consulting Services Agreement.

Financial Considerations
This project will span FY 23-24 and FY 24-25 and will be funded mostly from FY 24-25 from:
65 % - $49,400 from Measure X - Capital Projects 210-7160-5632 19 % - $14,400 from Diamond Ridge BAD #1 Fund 649 – Capital Projects 649-5300-5632 16 % - $12,160 Orchard Villas/Miravale II BAD #2 Fund Capital Projects 6525300-5632 Alternatives
Approve the resolution as presented; or
Reject the proposed resolution. This is not recommended as the 2024 Crack Seal Project shall require construction oversight that staff does not have the capacity to provide given the resources.

Planning/CEQA
The proposed project is categorically exempt under Class 1 Existing Facilities, having met the qualifying criteria provided under CEQA Guidelines Section 15301. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. As detailed above, the 2024 Crack Seal Project would be categorized under this description.

Public Notice Requirements
None required.

Attachment(s):
212
RESOLUTION NO. 6076

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD

APPROVING THE CONSULTING SERVICES AGREEMENT PAVEMENT
ENGINEERING INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE 2024 CRACK SEAL PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT FOR $76,000.

WHEREAS, the City of Soledad has some of the best streets in the whole Monterey County and, as such has received numerous compliments from other agencies, consultants, residents, and visitors of the city; and
WHEREAS, on October 2023, Staff in coordination with Pavement Engineering Inc. (PEI) completed the 2023 Pavement Management Program Update (PMP) that provided staff with an extensive report of the existing streets in the city, their current Pavement Condition Index (PCI), and the various prescriptive treatments to individual streets; and WHEREAS, in 2021, the City performed a street maintenance project in which many streets north of Gabilan Drive were treated with a Slurry Seal, and since then the City has not had another street maintenance project completed and is in dire need of another; and WHEREAS, Staff has prepared and formally put out to bid a Crack Seal Project where a number of streets within the city have been identified to be great candidates for this prescriptive pavement treatment that is a cost-effective treatment that will aid in prolonging the life of city streets; and
WHEREAS, to facilitate a successful project delivery, the City of Soledad utilizes Construction Management and Inspection Services to supplement City Staff on major construction projects such as this to provide daily oversight; and
WHEREAS, staff selected PEI from the City’s on-call consultant list for a proposal for construction management and inspection services; and
WHEREAS, staff has determined that PEI has the experience and a team of qualified professionals to perform the services required for the project and the familiarity with the City, project scope of work, and existing conditions of the streets.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Soledad, that the consulting services agreement between the City of Soledad and Pavement Engineering Inc. for Professional Construction Management and Inspection Services for $76,000, and a copy of the agreement with Pavement Engineering Inc., attached as “Exhibit A” and by reference incorporated herein, is hereby approved and the City Manager is hereby authorized and directed to execute the same on behalf of the City of Soledad.

PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 1st day of May 2024 by the following vote:
213
AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

ANNA M. VELAZQUEZ, Mayor
ATTEST:

MEGAN HUNTER, City Clerk
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CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF SOLEDAD AND
PAVEMENT ENGINEERING INC.

THIS AGREEMENT for consulting services is made by and between the City of Soledad (“City”) and Pavement Engineering (“Consultant”) (together, sometimes referred to as the “Parties”) as of May 1, 2024 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2026, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.

1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $76,000, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Exhibit A
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Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
 The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
 The Consultant’s signature;
 Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
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2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.

2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed $ 0 . Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve 217
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incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $ 1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of selfinsurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
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4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
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b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of five years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. 220
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Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, (“Claims”). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly (“Liability”). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.

With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees.

Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

Section 6. STATUS OF CONSULTANT.
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6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s Failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
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7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.

Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

Consultant may cancel this Agreement upon 60 days’ written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement.

Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the 223
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Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall included, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, 224
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and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. 225
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Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by Donald Wilcox, Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.10 Notices. Any written notice to Consultant shall be sent to:

Joseph L. Ririe, P.E. President & Senior Principal Engineer Pavement Engineering Inc.
3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
Any written notice to City shall be sent to:

Megan Hunter, City Manager
City of Soledad
P.O. Box 156
Soledad, CA 93960

10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
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_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B & C, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. To the extent there may be a conflict between the consultant proposal terms and the agreement, the City’s agreement language prevails.

Exhibit A Scope of Services
Exhibit B Payment Schedule
Exhibit C Public Works Requirements

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. [SIGNATURES ON FOLLOWING PAGE]
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The Parties have executed this Agreement as of the Effective Date.

CITY OF SOLEDAD CONSULTANT: Pavement Engineering Inc.
____________________________ ______________________________ Megan Hunter, City Manager Joseph L. Ririe, P.E. Principal Attest:
____________________________
Megan Hunter, City Clerk
Approved as to Form:
____________________________
Michael Rodriquez, City Attorney
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City of Soledad and Pavement Engineering Inc. -Exhibit A Page 1 of 1

EXHIBIT A

SCOPE OF SERVICES
.
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City of Soledad and Pavement Engineering Inc. -Exhibit B Page 1 of 1

EXHIBIT B

COMPENSATION SCHEDULE
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City of Soledad and Pavement Engineering Inc.--Exhibit C Page 1 of 3

EXHIBIT C

PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.

HOURS OF WORK:

A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.

B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.

C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.

WAGES:

A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.

B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of 231
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City of Soledad and Pavement Engineering Inc.--Exhibit C Page 2 of 3 prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:

1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.

3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.

4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.

C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.

The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the 232
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City of Soledad and Pavement Engineering Inc.--Exhibit C Page 3 of 3 Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.

D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.

E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 233
2024 Crack Seal Project 2024 Form NOTICE INVITING BIDS
T23-02

LOCATION MAP
City of Soledad, California
Exhibit B
234
SUBJECT:

Accept by Minute Motion The 2023 Water System Consumer
Confidence Report
TO: Honorable Mayor Velazquez, and City Council
FROM: Donald T. Wilcox, Public Works Director, Moises Arizmendi, Public Works Manager
MEETING DATE: May 1, 2024

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 15.

Recommendation
It is recommended that the City Council accept the attached 2023 City of Soledad Water System Consumer Confidence Report (CCR).

Executive Summary
Soledad’s water is monitored by City staff for many kinds of substances on a very strict sampling schedule, and the water we deliver must meet specific health standards. The Soledad water system had no violations for any regulated substance during calendar year 2023.

Background
Pursuant to the 1996 Safe Drinking Water Act, all community water systems that serve the same people year-round must prepare an annual Water Quality Report for their customers. The reports are published each year by July for the previous year. The reports tell where drinking water comes from, what is in the City’s water and how consumers can help protect the City’s water sources.

Review & Analysis
Water Quality Reports are the centerpiece of the right-to-know provisions in the 1996 Amendments to the Safe Drinking Water Act. This report is mailed to each water customer with water service so that it is available to everyone that drinks water at that location.

As required by law, the Water Quality Report must contain the following information:

The type of water served (such as groundwater, surface water or water from another system) and the name and location of its source.

Regulated and unregulated contaminants that have been detected in the water, their 235
2023 Water Quality CCR
concentrations and the allowable federal or state standard.

Disinfection by-products or microbial contaminants; their concentrations and standards.

Descriptions of possible health effects of contaminants in drinking water at concentrations greater than the federal or state health standard.

Identification of the likely source of any contamination.

Violations of any monitoring, reporting, treatment, or record keeping requirements.

Opportunities for public involvement and water system contact information.

As our 2023 Water Quality Report indicates, the City continues to provide drinking water that meets or exceeds all state and federal drinking water standards with no violation.

Attached is a copy of the 2023 Consumer Confidence Report for your review. This report will be mailed to every water customer and available in English and Spanish on the City’s website.

Financial Considerations
There are no financial impacts other than the cost of preparing and mailing the report, which is estimated to be $9,000 to The Gemini Group for these services paid from the Water Enterprise Fund.

Alternatives
The City is required to mail out these reports.

Planning/CEQA
The creation of this report is an administrative function and not considered a project under the California Environmental Quality Act.

Public Notice Requirements
Not required.

Attachment(s):
236
Reporting Year 2023
Reporting Year 2023
Presented By
PWS ID#: CA2710011
Soledad, CA 93960248 Main St.The City of Soledad
Recycled and Recyclable
CA000358All rights reservedCopyright ©2024 Gemini Group LLChable con alguien que lo entienda bien.importante sobre su agua potable. Tradúzcalo o Este informe contiene información muy U.S. Postage

PR SRT STD
PAID
Gemini Group
22901
Substances That Could Be in Water
The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material and can pick up substances resulting from the presence of animals or from human activity.

In order to ensure that tap water is safe to drink, the U.S. EPA and the State Water Resources Control Board (State Board) prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. The U.S. Food and Drug Administration regulations and California law also establish limits for contaminants in bottled water that provide the same protection for public health. Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk.

Contaminants that may be present in source water include:

Microbial Contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife; Inorganic Contaminants, such as salts and metals, that can be naturally occurring or can result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming;
Pesticides and Herbicides that may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses;
Organic Chemical Contaminants, including synthetic and volatile organic chemicals, which are by-products of industrial processes and petroleum production and which can also come from gas stations, urban stormwater runoff, agricultural applications, and septic systems;
Radioactive Contaminants that can be naturally occurring or can be the result of oil and gas production and mining activities.

More information about contaminants and potential health effects can be obtained by calling the U.S. EPA’s Safe Drinking Water Hotline at (800) 426-4791.

Important Health Information
Some people may be more vulnerable to contaminants in drinking water than the general population. Immunocompromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants may be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. The U.S. Environmental Protection Agency (EPA)/Centers for Disease Control and Prevention (CDC) guidelines on appropriate means to lessen the risk of infection by cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline at (800) 426-4791 or http://water.epa.gov/drink/hotline.

Our Commitment
We are pleased to present to you this year’s annual water quality report. This report is a snapshot of last year’s water quality covering all testing performed between January 1 and December 31, 2023. Included are details about your source of water, what it contains, and how it compares to standards set by regulatory agencies. Our constant goal is to provide you with a safe and dependable supply of drinking water. We want you to understand the efforts we make to continually improve the water treatment process and protect our water resources. We are committed to ensuring the quality of your water and providing you with this information because informed customers are our best allies.

Lead in Home Plumbing
I
f present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. We are responsible for providing high-quality drinking water, but we cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to two minutes before using water for drinking or cooking. (If you do so, you may wish to collect the flushed water and reuse it for another beneficial purpose, such as watering plants.) If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline at (800) 426-4791 or www.epa.gov/safewater/lead.

Source Water Assessment
A Source Water Assessment Plan (SWAP) is an assessment of the delineated area around our listed sources through which contaminants, if present, could migrate and reach our source water. It also includes an inventory of potential sources of contamination within the delineated area and a determination of the water supply’s susceptibility to contamination by the identified potential sources.

According to the SWAP, our water system had a susceptibility rating of medium. If you would like to review the SWAP, please contact the public works manager during regular office hours.

Community Participation
You are invited to attend City of Soledad Council meetings and share your ideas and concerns about your drinking water. The council meets the first and third Wednesday of each month at 6:00 p.m. at City Hall, 248 Main Street. Our office hours are Monday through Friday, 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. Zoom and agenda links are available at www.cityofsoledad.com.

Questions?
For more information about this report, or for any questions relating to your drinking water, please call Moises Arizmendi, Public Works Manager - Water Department, at (831) 223-5190 or email [email protected].
237
CA000358
Test Results
Our water is monitored for many different kinds of substances on a very strict sampling schedule, and the water we deliver must meet specific health standards. Here, we only show those substances that were detected in our water (a complete list of all our analytical results is available upon request). Remember that detecting a substance does not mean the water is unsafe to drink; our goal is to keep all detects below their respective maximum allowed levels.

The state recommends monitoring for certain substances less than once per year because the concentrations of these substances do not change frequently. In these cases, the most recent sample data are included, along with the year in which the sample was taken.

We participated in the fifth stage of the U.S. EPA’s Unregulated Contaminant Monitoring Rule (UCMR5) program by performing additional tests on our drinking water. UCMR5 sampling benefits the environment and public health by providing the U.S. EPA with data on the occurrence of contaminants suspected to be in drinking water to determine if it needs to introduce new regulatory standards to improve drinking water quality.

Unregulated contaminant monitoring data are available to the public, so please feel free to contact us if you are interested in obtaining that information. If you would like more information on the U.S. EPA’s Unregulated Contaminant Monitoring Rule, please call the Safe Drinking Water Hotline at (800) 426-4791.

REGULATED SUBSTANCES

SUBSTANCE
(UNIT OF MEASURE)
YEAR

SAMPLED
MCL
[MRDL]
PHG
(MCLG)
[MRDLG]
AMOUNT

DETECTED
RANGE

LOW-HIGH VIOLATION TYPICAL SOURCE
1,1,1-Trichloroethane (ppb) 2023 200 1,000 ND NA No Discharge from metal degreasing sites and other factories; manufacture of food wrappings
Arsenic (ppb) 2021 10 0.004 1.8 1.3–2.3 No Erosion of natural deposits; runoff from orchards; glass and electronics production
wastes
Barium (ppm) 2021 1 2 0.105 0.047–0.280 No Discharges of oil drilling wastes and from metal refineries; erosion of natural deposits
Chromium, Total (ppb) 2021 50 (100) 4.46 3.0–6.3 No Discharge from steel and pulp mills and chrome plating; erosion of natural deposits
Fluoride (ppm) 2022 2.0 1 0.1 ND–0.10 No Erosion of natural deposits; water additive that promotes strong teeth; discharge from fertilizer
and aluminum factories
Gross Alpha Particle Activity (pCi/L) 2023 15 (0) 3.16 0.648–7.69 No Erosion of natural deposits HAA5 [sum of 5 haloacetic acids]–
Stage 2 (ppb)
2023 60 NA 3.56 ND–8 No By-product of drinking water disinfection Nitrate [as nitrogen] (ppm) 2023 10 10 0.42 0.1–0.9 No Runoff and leaching from fertilizer use; leaching from septic tanks and sewage; erosion
of natural deposits
Radium 226 (pCi/L) 2022 5 0.05 0.335 0.265–0.406 No Erosion of natural deposits Radium 228 (pCi/L) 2022 5 0.019 0.304 ND–0.608 No Erosion of natural deposits Selenium (ppb) 2021 50 30 2.2 2–3 No Discharge from petroleum, glass, and metal refineries; erosion of natural deposits; discharge
from mines and chemical manufacturers; runoff
from livestock lots (feed additive)
TTHMs [total trihalomethanes]–
Stage 2 (ppb)
2023 801 NA 7.69 2–19 No By-product of drinking water disinfection Uranium (pCi/L) 2023 20 0.43 7.6 ND–7.6 No Erosion of natural deposits Tap water samples were collected for lead and copper analyses from sample sites throughout the community

SUBSTANCE
(UNIT OF MEASURE)
YEAR

SAMPLED AL
PHG
(MCLG)
AMOUNT

DETECTED
(90TH %ILE)

SITES ABOVE

AL/TOTAL

SITES VIOLATION TYPICAL SOURCE
Copper (ppm) 2023 1.3 0.3 0.15 0/35 No Internal corrosion of household plumbing systems; erosion of natural deposits; leaching from wood preservatives
Lead (ppb) 2023 15 0.2 ND 0/35 No Internal corrosion of household water plumbing systems; discharges from industrial manufacturers; erosion of natural deposits

SECONDARY SUBSTANCES

SUBSTANCE
(UNIT OF MEASURE)
YEAR

SAMPLED SMCL
PHG
(MCLG)
AMOUNT

DETECTED
RANGE

LOW-HIGH VIOLATION TYPICAL SOURCE
Chloride (ppm) 2022 500 NS 72.6 ND–72.6 No Runoff/leaching from natural deposits; seawater influence Iron (ppb) 2023 300 NS 99.75 85–107 No Leaching from natural deposits; industrial wastes Specific Conductance
(µS/cm)
2023 1,600 NS 1,2142 1,184–1,2582 No Substances that form ions when in water; seawater influence
Sulfate (ppm) 2022 500 NS 201 ND–201 No Runoff/leaching from natural deposits; industrial wastes Total Dissolved Solids (ppm) 2021 1,000 NS 564 402–742 No Runoff/leaching from natural deposits Turbidity (NTU) 2023 5 NS 0.43 0.25–0.55 No Soil runoff UNREGULATED SUBSTANCES 3

SUBSTANCE
(UNIT OF MEASURE)
YEAR

SAMPLED
AMOUNT

DETECTED
RANGE

LOW-HIGH TYPICAL SOURCE
Sodium (ppm) 2021 78 30–162 Naturally occurring
Total Hardness (ppm) 2021 296 248–382 Sum of polyvalent cations in water, generally naturally occurring calcium and magnesium
1 Some people who drink water containing trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous system and may have an increased risk of getting cancer.
2 Testing is done before filtering.
3 Unregulated contaminant monitoring helps U.S. EPA and the State Board determine where certain contaminants occur and whether the contaminants need to be regulated.

Definitions
90th %ile: The levels reported for lead
and copper represent the 90th percentile
of the total number of sites tested. The
90th percentile is equal to or greater than
90% of our lead and copper detections.

AL (Regulatory Action Level): The
concentration of a contaminant which,
if exceeded, triggers treatment or other
requirements that a water system must
follow.

MCL (Maximum Contaminant Level):

The highest level of a contaminant that is
allowed in drinking water. Primary MCLs
are set as close to the PHGs (or MCLGs)
as is economically and technologically
feasible. Secondary MCLs (SMCLs)
are set to protect the odor, taste, and
appearance of drinking water.

MCLG (Maximum Contaminant Level
Goal): The level of a contaminant in
drinking water below which there is no
known or expected risk to health. MCLGs
are set by the U.S. EPA.

MRDL (Maximum Residual
Disinfectant Level): The highest level
of a disinfectant allowed in drinking
water. There is convincing evidence that
addition of a disinfectant is necessary for
control of microbial contaminants.

MRDLG (Maximum Residual
Disinfectant Level Goal): The level
of a drinking water disinfectant below
which there is no known or expected
risk to health. MRDLGs do not reflect
the benefits of the use of disinfectants to
control microbial contaminants.

NA: Not applicable.

ND (Not detected): Indicates that the
substance was not found by laboratory
analysis.

NS: No standard.

NTU (Nephelometric Turbidity Units):

Measurement of the clarity, or turbidity,
of water. Turbidity in excess of 5 NTU is
just noticeable to the average person.
pCi/L (picocuries per liter): A measure
of radioactivity.

PDWS (Primary Drinking Water
Standard): MCLs and MRDLs for
contaminants that affect health, along
with their monitoring and reporting
requirements and water treatment
requirements.

PHG (Public Health Goal): The level of
a contaminant in drinking water below
which there is no known or expected risk
to health. PHGs are set by the California
EPA.
ppb (parts per billion): One part
substance per billion parts water (or
micrograms per liter).
ppm (parts per million): One part
substance per million parts water (or
milligrams per liter).
µS/cm (microsiemens per centimeter):

A unit expressing the amount of electrical
conductivity of a solution.

What’s a Cross-Connection?
Cross-connections that contaminate drinking water distribution lines are a major concern. A cross-connection is formed at any point where a drinking water line connects to equipment (boilers), systems containing chemicals (air conditioning systems, fire sprinkler systems, irrigation systems), or water sources of questionable quality. Crossconnection contamination can occur when the pressure in the equipment or system is greater than the pressure inside the drinking water line (backpressure). Contamination can also occur when the pressure in the drinking water line drops due to fairly routine occurrences (main breaks, heavy water demand), causing contaminants to be sucked out from the equipment and into the drinking water line (backsiphonage).

Outside water taps and garden hoses tend to be the most common sources of cross-connection contamination at home. The garden hose creates a hazard when submerged in a swimming pool or attached to a chemical sprayer for weed killing. Garden hoses that are left lying on the ground may be contaminated by fertilizers, cesspools, or garden chemicals. Improperly installed valves in your toilet could also be a source of cross-connection contamination.

Community water supplies are continuously jeopardized by cross-connections unless appropriate valves, known as backflow prevention devices, are installed and maintained. We have surveyed industrial, commercial, and institutional facilities in the service area to make sure that potential cross-connections are identified and eliminated or protected by a backflow preventer. We also inspect and test backflow preventers to make sure that they provide maximum protection.

For more information on backflow prevention, contact the Safe Drinking Water Hotline at (800) 426-4791, or City of Soledad Water Department at (831) 223-5000, or Public Works Manager Moises Arizmendi at (831) 223-5190.

Where Does My Water Come From?
The City of Soledad’s residents are fortunate to enjoy an abundant groundwater supply from the city’s five active wells. The wells have a combined pumping capacity of about 4,788 gallons per minute. In 2023 these five wells pumped a total of more than 651 million gallons of clean drinking water.

To learn more about our watershed online, visit U.S. EPA’s How’s My Waterway at www.epa.gov/waterdata/hows-mywaterway.

The water supply for the City of Soledad wells comes from aquifers that are continuously replenished with releases of water from the San Antonio and Nacimiento Reservoirs.

The reservoirs are operated by the Monterey County Water Resource Agency. According to Monterey County Water
Resource data, approximately 90.4 percent of the water
from the Salinas Valley aquifers is consumed by agricultural operations. City populations consume about 9.6 percent of the groundwater supply.
238
SUBJECT: Resolution No. 6077, a Resolution of the City Council of the City of Soledad Approving the Purchase of One (1) Public Works Fleet Vehicle from Soledad Auto Sales, Dispensing with Bidding per Soledad Municipal Code Section 3.24.040 And Authorizing the City Manager to Purchase said Vehicle in an Amount Not to Exceed of $34,945 TO: Honorable Mayor Velazquez, and City Council
FROM: Donald Wilcox, Public Works Director
MEETING DATE: May 1, 2024

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 16.

Recommendation
It is recommended that the City Council of the City of Soledad Consider and Adopt Resolution No. 6077, “Approving the Purchase of one (1) Public Works Fleet Vehicle from Soledad Auto Sales, Dispensing with Bidding per Soledad Municipal Code Section 3.24.040 and Authorizing the City Manager to Purchase Said Vehicle in an Amount Not to Exceed $34,945”.

Executive Summary
In the past the City Council has allowed the purchase of used vehicles to replace old vehicles with high mileage and that are at the end of their useful service life. Replacement of fleet vehicles has long been deferred, which has resulted in PW staff still driving vehicles Council surplused in 2020 due to those vehicles requiring more maintenance due to the added age and mileage. For employees to continue working efficiently and lessen the repair downtime, staff recommends that the city purchase the work truck currently in stock with Soledad Auto Sales for the Parks/Streets Division. This will take us to only two remaining PW vehicles that are still in use despite being surplused in 2020.

Background
Public Works has had a variety of vehicle procurements. Prior to COVID-19, new vehicles were purchased and equipped as the best fit for Public Works and kept for 10-15 or more years as mileage accrued is very low. However, new vehicles were unavailable during COVID-19, so the City leased several vehicles.

In March of 2019, the City Council approved an agreement with Enterprise Fleet Management to lease vehicles for the City of Soledad’s vehicle fleet. The Public Works Department currently has six leased vehicles: two 2019 and three 2021 Dodge Rams work trucks and one 2021 Ford service truck. Leases 239
for two 2019 vehicles (1-Water and 1-Parks/Streets) will expire in September of this year, with the other three newer ones set to expire in 2026.

In November of 2022, the City Council allowed staff to procure used vehicles due to a lack of new vehicle availability. Since then, the Public Works Department has been purchasing vehicles locally from Soledad Auto Sales to replace vehicles that are at the end of their service life. To date, three vehicles have been replaced in the Wastewater Division and three in the Parks/Streets Division, however three surplused vehicles from 1999-2007 remain in daily use.

Staff contacted Soledad Auto Sales to inquire about their used vehicle inventory, and they currently have one work truck that fits the Parks/Street division’s needs. Criteria used for purchasing used vehicles include work trucks 3-5 years old with about 50,000 miles or less. Purchasing used vehicles made sense because work vehicles tend to get bumped and banged a little in the course of service and accrue very low miles.

As no two used vehicles are the same, the competitive bid process does not work. However, the City of Soledad Municipal Code Section 3.24.040 authorizes purchase exceptions as follows:

Purchases of supplies and equipment shall be bid by procedures as prescribed by this chapter; provided, that bidding shall be dispensed with (1) when an emergency requires that an order be placed with the nearest available source of supply, or (2) when the amount involved is less than twenty-five thousand dollars; or (3) when the commodity, product or equipment can be obtained from only one vendor; or (4) when the city council determines, by a resolution passed by four-fifths of its members, that because of differences in the kinds or types of the particular commodity, product or equipment available on the market, it would be to the city's advantage to make a selection on the basis of suitability to the city's needs, rather than on the basis of price; or (5) when the city council determines, by a resolution passed by a majority of its members, that cost and time savings can be realized by using the purchasing procedures and bid results of another public entity in lieu of the bidding policies prescribed by this statute, in accordance with the procedures set forth in subsection C below.

Review & Analysis
Purchasing used vehicles that are a few years old and with relatively low mileage currently makes sense for Public Works vehicles. New vehicles are expensive up front, and the vehicle bodies are worn out before they get to high mileage. Leased vehicles are an option but can be challenging due to the extra wear and tear with typical Public Works service. Damage, such as drilled holes, does happen to PW vehicles and this damage must be repaired at the end of the lease. The City performs all leased vehicle maintenance. In addition, PW vehicles are equipped with special equipment, and often, the equipment is not universal, so it will not fit a replacement leased vehicle. Leased vehicles can be purchased at the end of the lease, but over the lifetime of the vehicle cost more than if the City had purchased the vehicle in the beginning.

The Parks/Streets Division has twelve employees (eleven full-time and one temporary/part-time). In the last year and a half, three vehicles have been purchased, yet half of the staff continues to operate twenty-year-old vehicles that are now long overdue for replacement. These employees should be provided with reliable vehicles so that they may continue working safely and efficiently. Staff will incorporate vehicle replacement needs into the city’s CIP based on mechanical condition, repair history cost, department’s operational needs, and available finances. The City Manager and Finance Director are working on a comprehensive fleet replacement plan, which will guide future purchases. 240
Resolution No. 6077
2021 Dodge Ram Quote, KBB Value and Car Fax Report
Purchase of a new vehicle is straightforward in that the City can solicit competitive bids for specific identical new vehicles. In contrast, there are no two identical used vehicles to compare prices.

Therefore, staff proposes to purchase used vehicles using Kelly Blue Book (KBB) and/or JD Power (NADA) pricing for used vehicles in order to confirm fair market value for the use of public funds to purchase used vehicles.

Staff believes that bid exception 3.24.040 A.3, the “Sole Source Exception,” which provides that bidding may be dispensed with when the involved commodity or equipment can only be obtained from one vendor, applies to the proposed purchase. This exception applies to used vehicles, where each vehicle is unique and available from a single vendor. Staff also believes that bid exception A.4, the “suitability to City needs exception,” applies as the City’s purchase is focused on the City’s current needs, which dictates a focus on the availability of used vehicles with a variety of unique characteristics rather than reliance on pricing alone.

Staff recently contacted Soledad Auto Sales to inquire about their used car inventory, and they currently have one vehicle that meets the City’s criteria: a 2021 Ram 1500 Classic Crew Cab with 55,299 miles for $29,000. This vehicle falls within the department’s budget for Fiscal Year 2023/2024 and within the KBB Retail value. The total cost for the truck with taxes and fees is approximately $31,768.51.

However, it is recommended that a 10% contingency is added in case pricing or supply availability changes. Staff is requesting that the Council authorize the City Manager to directly purchase said vehicle from Soledad Auto Sales in lieu of our past practice of leasing or purchasing new vehicles. The Dealer will resolve any open recalls prior to the City purchasing these vehicles.

Financial Considerations
The cost for the vehicle has been budgeted in the current Parks Department Fund 100-5600-4100 for FY 2023-2024.

Alternatives
Approve the Resolution.

Do not approve the Resolution.

Provide other direction to staff.

Planning/CEQA
Not applicable.

Public Notice Requirements
None required.

Attachment(s):
241
RESOLUTION NO. 6077

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD APPROVING THE PURCHASE OF ONE (1) PUBLIC WORKS FLEET VEHICLE

FROM SOLEDAD AUTO SALES, DISPENSING WITH BIDDING PER SOLEDAD MUNICIPAL CODE SECTION 3.24.040 AND AUTHORIZING THE CITY MANAGER TO PURCHASE SAID VEHICLES IN AN AMOUNT NOT TO EXCEED $34,945 WHEREAS, several of the City’s current Public Works vehicles are at the end of their useful service life and need to be replaced; and
WHEREAS, the Parks/Streets Division vehicle has been budgeted for in the City’s Adopted FY 2023-2024 Budget; and
WHEREAS, the best cost-benefit for Soledad Public Works vehicles is used vehicles, 3- 5 years old, preferably at or under 50,000 miles and still under a transferable warranty; and WHEREAS, Soledad Auto Sales currently has one used work truck that meets the needs of the Parks/Streets Department and is priced within the KBB and/or NADA values; and WHEREAS, staff is requesting that the Council authorize the City Manager to purchase a 2021 Dodge Ram Classic for $31,768.51 and authorize an additional 10% contingency in case of changes to pricing or supply in an amount not to exceed $34,945; and WHEREAS, while Soledad Municipal Code (“SMC”) Section 3.34.040 requires that all purchases of supplies and equipment with anticipated costs in excess of $25,000 require public bidding, exceptions for bidding are provided when the commodity, product, or equipment can be obtained from only one vendor; and when the city council determines, by a resolution passed by four-fifths of its members, that because of differences in the kinds or types of the particular commodity, product or equipment available on the market, it would be to the city’s advantage to make a selection on the basis of suitability to the city’s needs, rather than on the basis of price. Staff believes that both of these exceptions are applicable for the reasons stated below.

NOW THEREFORE, BE IT HEREBY RESOLVED, by a four-fifths vote of the City Council of the City of Soledad as follows:

1. The City may dispense with bidding for the purchase of used vehicles from Soledad Auto Sales under the “sole source” exception set forth in SMC Section 3.24.040A.(3) because used vehicles are unique as no two used vehicles have identical mileage, condition, accessories, etc.

2. The City may also dispense with bidding for the purchase of used vehicles from Soledad Auto Sales pursuant to the “suitability to city needs” exception set forth in SMC Section

3.24.040A.(4) because the best cost-benefit for Soledad Public Works vehicles is used 242
vehicles, 3-5 years old, preferably at or under 50,000 miles, and still under a transferable warranty, rather than based on price alone.

3. Based on the foregoing, the City Council hereby approves the purchase of one used vehicle from Soledad Auto Sales for use as Public Works Fleet Vehicles in an amount not to exceed $34,945 and authorizes and directs the City Manager to execute a sales agreement for the procurement of said vehicles.

PASSED AND ADOPTED by the City Council of the City of Soledad this 1st day of May 2024, by the following vote:

AYES, and in favor thereof Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

ANNA M. VELAZQUEZ, Mayor
ATTEST:

MEGAN HUNTER, City Clerk
243
244
245
246
247
248
249
SUBJECT: Resolution No. 6078, A Resolution of the City Council of the City of Soledad Approving and Authorizing the City Manager to Execute a Facilities Joint Use Agreement Between the Soledad Unified School District and the City of Soledad
TO: Honorable Mayor Velazquez and City Council
FROM: Megan Hunter, City Manager
MEETING DATE: May 1, 2024

CITY OF SOLEDAD

STAFF REPORT
THROUGH:

AGENDA ITEM NO. 17.

Recommendation
It is recommended that the City Council of the City of Soledad adopt Resolution No.6078, “Approving and Authorizing the City Manager to Execute a Facilities Joint Use Agreement Between the Soledad Unified School District and the City of Soledad”.

Executive Summary
On December 15, 2021, City Council adopted Resolution No. 5755 approving a Facilities Joint Use Agreement (“Agreement”) between the Soledad Unified School District and the City of Soledad. The purpose of the Agreement was to strengthen the City’s relationship with the Soledad Unified School District (“District”) and provide opportunities for our youth to have greater access to programming and District and City facilities. The term for this Agreement was one year with the ability to renew up to four times upon mutual written consent. Unfortunately, both the City and School District overlooked the renewal requirements and did not provide written consent in January 2023 when the Agreement expired. Therefore, a new Agreement will be required to continue this relationship.

Background
After extensive discussions between the City Council and the Soledad Unified School District (“District”), both parties executed a Facilities Joint Use Agreement (“Agreement”) on December 15, 2021. Through the Agreement both agencies would be able to collaborate and better utilize community resources. The Agreement term expired one year after it took effect on January 1, 2022. However, the Agreement enabled up to 4 one-year renewals upon mutual written consent of both parties.

Unfortunately, neither the City nor School District formally renewed the Agreement before the term technically expired. Although both parties honored the spirit of the Agreement without the requisite documentation in place, it was becoming increasingly challenging allowing use of the facilities as intended in the Agreement. More recently, the City requested use of the Family Resource Center and 250
was not able to secure the facility lacking a current Agreement.

Review & Analysis
At this time, Staff is proposing largely maintaining the expired Facilities Joint Use Agreement (“Agreement”) as is. The new Agreement would mirror the old version except that the term would be changed from May 8, 2024 to June 30, 2026 (over two years) with three one-year renewals and it would allow the Superintendent and City Manager to provide the written consent for the renewal periods. After the City Council acts, this new Facilities Joint Use Agreement, it would be presented to the School District at their May 8th meeting for consideration.

California Education Code section 10900 et. seq. authorizes public authorities to organize, promote, and conduct such programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and adults and further empowers public authorities to cooperate with each other to attain such objectives. The City and District entered into the Agreement to promote, conduct, and contribute to the attainment of general educational and recreational objectives for children and adults in the community consistent with this Code.

The facilities covered in the proposed Facilities Joint Use Agreement include the following:

Soledad Unified School District (“District”) Facilities:

Soledad High School gymnasium for youth basketball.

Main Street Middle School gymnasium for youth basketball.

Gabilan Elementary School classrooms to hold meetings or events related to community recreation programs or activities.

Gabilan Elementary School playground/structures on days when school is not in session.

Performing art facilities on District school campuses, for approved uses.

Computer labs at select District school campuses, to be determined by the District.

City of Soledad (“City”) Facilities:

Soledad Community Center gymnasium for volleyball and basketball, games and practices conducted by Main Street Middle School and Soledad High School.

Soledad Community Center for student performances, parent meetings, assemblies, and ceremonies.

City owned outdoor playing fields.

Generally, the implementation of the Agreement has run smoothly. The biggest challenge for the City is that janitorial costs to use District facilities has been so high that Staff have decided to largely use our own facilities. However, the City Manager and Superintendent have agreed to discuss ways to reduce barriers to City use of District facilities. More recently, the expiration of the previous Agreement has made it more difficult to share facilities. As a result, the City Manager and Superintendent are presenting a new Agreement for consideration.

If approved, the Agreement will be in effect until June 30, 2026, and may be renewed for 3 additional one-year terms in writing. Either party may terminate the agreement with 60 days’ notice. Both the District and City will continue to monitor the Agreement and evaluate on whether it is meeting the needs of both parties.

Financial Considerations
No money is to be charged by either party for the use of facilities for each other’s events. In the case 251
Resolution No. 6078
Exhibit A - Joint Use Agreement with Soledad School District Attachment 2 - 2022 Facility Use Agreement and Resolution No. 5755 when staff/custodial support is required by a party to support off-hours events or provide special services, hourly charges will apply to each party. It is anticipated that these minimal costs to the City should not exceed $5,000 and will be funded through the Parks & Recreation program budget.

Likewise, there may be a nominal increase in recreation revenue paid by the District based on their needs that require additional City staffing.

Alternatives
Adopt the Resolution.

Do not adopt the Resolution.

Provide other direction to Staff.

Planning/CEQA
This Agreement is not an action as defined by the California Environmental Quality Act.

Public Notice Requirements
None.

Attachment(s):
252
Attachment 1
RESOLUTION NO. 6078

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A

FACILITIES JOINT USE AGREEMENT BETWEEN THE SOLEDAD UNIFIED

SCHOOL DISTRICT AND THE CITY OF SOLEDAD
WHEREAS, On December 15, 2021, City Council adopted Resolution No. 5755 approving a Facilities Joint Use Agreement (“Agreement”) between the Soledad Unified School District and the City of Soledad.; and
WHEREAS, the purpose of the Agreement was to strengthen the City’s relationship with the Soledad Unified School District (“District”) and provide opportunities for our youth to have greater access to programming and District and City facilities; and WHEREAS, the term for this Agreement was one year with the ability to renew up to four times upon mutual written consent; and
WHEREAS, both the City and District overlooked the renewal requirements and did not provide written consent in January 2023 when the Agreement expired; and WHEREAS, it is in the interest of both the City and District to continue this relationship by entering into a new Agreement to increase recreational opportunities available to our youth and maximize opportunities for both agencies to better utilize community resources.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Soledad that the Council approves the " Facilities Joint Use Agreement Between the Soledad Unified School District and the City of Soledad" a copy of which is attached hereto as “Exhibit A" and by this reference is incorporated herein, in substantial form and content, subject to minor modification as deemed necessary by the City Manager and City Attorney, and hereby authorizes the City Manager to execute said Agreement on behalf of the City of Soledad .

PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 1
st day of May 2024 by the following vote:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
253
Attachment 1
ANNA M. VELAZQUEZ, Mayor
ATTEST:

MEGAN HUNTER, City Clerk
254

FACILITIES JOINT USE AGREEMENT
Between the

THE SOLEDAD UNIFIED SCHOOL DISTRICT
And

THE CITY OF SOLEDAD
This Facilities Joint Use Agreement (“Agreement”) is made effective as of May 8, 2024 (“Effective Date”), by and between the Soledad Unified School District (“District”), and the City of Soledad (“City”). District and City may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”

RECITALS
A. WHEREAS, California Education Code section 10900 et. seq. authorizes public authorities to organize, promote, and conduct such programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and adults and further empowers public authorities to cooperate with each other to attain such objectives; and
B. WHEREAS, District and City desire to enter into this Agreement for the cooperative use of District Facilities and City Facilities, as defined herein; and C. WHEREAS, this Agreement promotes, conducts, and contributes to the attainment of general educational and recreational objectives for children and adults in the community; and D. WHEREAS, it is in the mutual interest of the District and City, and the community as a whole that the District Facilities and City Facilities be utilized for joint recreational purposes.

E. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the Parties agree as follows:

AGREEMENT

1. Facilities.
(a) District Facilities. The District hereby agrees that the City may use those school play fields, facilities, equipment and other portions of District property as more particularly identified in Exhibit A, attached hereto and incorporated herein by reference (“District Facilities”), subject to the terms of this Agreement.
(b) City Facilities. City agrees that the District may use those recreation sites, facilities, equipment and other portion of City property as more particularly identified in Exhibit A, (“City Facilities”), subject to the terms of this Agreement. The District Facilities and City Facilities are referred to individually as “Facility” or collectively as “Facilities.” Exhibit A
255

2. Term and Termination. The term of this Agreement shall commence on the Effective Date and shall remain in effect until June 30, 2026 (“Term”). This Agreement may be renewed for up to three (3) additional one (1) year terms (each a “Renewal Term”) upon the written mutual consent of the City Manager and Superintendent acting on behalf of the Parties. Each Party may terminate this Agreement for convenience upon sixty (60) days prior written notice to the other Party. Termination shall relieve both Parties of any further obligations under this Agreement.

3. Priority of Use. The Parties agree to cooperate in coordinating programs and activities conducted at the Facilities so as to avoid conflicting or competing uses. Each Party’s use of a Facility shall be subject to the other Party’s prior approval. The Parties shall make reasonable attempts to meet at least annually at a time and place mutually agreed upon by the Parties for the purposes of scheduling anticipated uses of the Facilities (“Scheduling Meeting”). The Parties may mutually agree to hold one or more additional Scheduling Meetings at the Parties’ election.

Notwithstanding recreation programs or activities agreed to during a Scheduling Meeting, scheduling and staffing for the use of the other Party’s Facility shall be considered on a use-byuse basis, subject to the terms of this Agreement. Each Party shall use reasonable efforts to submit requests for use of the other Party’s Facility at least thirty (30) days prior to the anticipated use.
(a) District Facilities. The District shall have exclusive use of District Facilities during regular school hours on all days in which school is in session (“Regular School Hours”), including summer school, absent any other agreement between the Parties. The District further reserves the right of first priority for use of District Facilities outside of Regular School Hours.

The City shall have priority use of District Facilities over all third parties for recreational programs and activities. The District has final and sole discretion to determine the use and scheduling of the District Facilities.
(b) City Facilities. The City shall have the right of first priority for use of City Facilities.

The District shall have priority use of City Facilities over all third parties for recreational programs and activities. The City has final and sole discretion to determine the use and scheduling of City Facilities.
(c) Unanticipated Changes. The Parties shall notify each other in case of any unanticipated scheduling changes requiring use or closure of a Facility, as soon as possible, and shall make best efforts to provide such notice at least one (1) week prior to the date of the unanticipated use or closure. Each Party agrees to reasonably accommodate the other Party in the event of an unanticipated change.
(d) Emergency Need. Nothing in this Agreement shall limit either Party’s right to make immediate and unlimited use of all or any portion of its Facilities during an emergency. For purposes of this Agreement, an emergency is any circumstance or event that the Party, in its sole discretion, deems to pose an actual or potential danger to life or property. The Parties shall 256
exchange and keep current a list of authorized representatives, by name or by title, to be contacted in the event of an emergency.

4. Facility Use Requirements.
(a) Each Party shall be responsible for the supervision of participants in its respective programs and activities and shall have at least one staff member on site at all times during an event, program, or activity at the other Party’s Facility. Any youth recreation program or activity shall have a ratio of one (1) adult staff member for every twenty-four (24) youth on site at all times.
(b) The Parties shall utilize the Facilities in conformance with all applicable federal, state, and local laws, as well as any administrative regulations and policies adopted by either Party for their respective Facilities.
(c) Each Party agrees to comply with any and all federal, state, and local public health orders, regulations, and directives, as well as all applicable administrative regulations and policies adopted by either Party for their respective Facilities, at all times while using the other Parties Facilities including, but not limited to, policies and procedures related to social distancing and the use of face coverings.

5. Facility Use Costs.
(a) Facilities shall be provided under this Agreement at no cost; however, the Facility user shall pay costs for set-up, clean-up and custodial services provided by the Facility owner. The fees for such services are set forth in the Fee Schedule attached hereto as Exhibit B and incorporated herein by reference. Such costs shall be invoiced within thirty (30) days of Facility use and shall be paid within thirty (30) days of receipt of an invoice for such costs. (b) Each Party shall be responsible for the costs of its own recreation programs and activities. (c) Non-Exclusive Use. The Parties agree and acknowledge that they shall not have the exclusive right to use the other Party’s Facilities. Use of the other Party’s Facilities is limited to the terms and conditions of this Agreement and conveys no ownership or other property interests in those Facilities.

6. Maintenance, Repair, and Set-up.
(a) The Parties agree that they may use their own personnel for set up and clean up for any use of the other Party’s Facilities, except to the extent a Party requires their own staff to perform such duties. Clean-up shall include removal of all trash and debris from the Facility. After use, a Facility shall be returned to its condition prior to use to the extent reasonably possible. If a Party fails to return a Facility to its condition prior to use, that Party shall be charged for the associated costs of clean up and custodial services and shall pay all such costs within thirty (30) days of receipt of an invoice.
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(b) Each Party shall be responsible for the cost of repair and/or replacement of any damage to the other Party’s Facilities, including fixtures, improvements, and equipment that are lost, or damaged during and/or as a result of use of the Facility, normal wear and tear excepted, and shall promptly notify the Facility owner of any loss or damage occurring during use of the Facility.

The Parties shall not permit any individual to participate in a recreation program or activity at the other Party’s Facilities who has, on a prior occasion, willfully damaged any of the other Party’s Facilities.
(c) The District and City shall each have sole discretion, which discretion will not be exercised in an arbitrary or discriminatory manner, to determine the maintenance and repair requirements and schedules, and intensity of use of their respective Facilities. The Parties shall discuss anticipated maintenance and repair schedules, restoration, and closures as needed. (d) The Parties agree to timely notify each other of any unsafe condition at its Facility and shall take all reasonable steps necessary to repair or restrict access or block off the portion of the Facility with the unsafe condition.
(e) The Facilities are provided in as-is condition and the Parties make no representation or warranty of any kind regarding the suitability of the Facilities for any requested uses.

7. Improvements. Neither Party may construct or install improvements at a Facility owned by another Party without the prior written consent of the Facility owner. (a) Any authorized improvement shall be performed in compliance with all applicable laws.

Any improvements constructed or installed pursuant to this provision shall become the property of the Facility owner, unless otherwise specifically provided by the Parties in writing. The terms under which the improvements will be made and funded on any Facility shall be set forth in a separate agreement.
(b) The Party that is the Facility owner may construct improvements to such Facility without notice to or approval of the other Party. However, the Facility owner shall provide notice to the other Party in the event construction impacts any scheduled recreational programs or activities.

8. Alcoholic Beverages and Smoking. The use and/or possession of tobacco and/or controlled substances are prohibited in or on District and City Facilities at all times. Use and/or possession of alcoholic beverages are prohibited in or on District property. Use and/or possession of alcoholic beverages in or on City facilities is prohibited unless otherwise authorized by a written agreement.

9. Indemnification.
(a) Notwithstanding Government Code Section 895.2, no Party or any of its officers, agents, volunteers, contractors, employees, governing board, members of the governing board, council, and council members (“Indemnified Parties”) shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of another Party under or in connection with any obligation delegated to the Parties under this Agreement. Pursuant to Government 258
Code Section 895.4, each Party shall indemnify, defend and hold harmless the other Party and that Party’s Indemnified Parties from any and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs), or claims imposed for damages of any nature whatsoever, including but not limited to, claims for discrimination, Title IX related issues, bodily injury, death, personal injury, or property damage occurring by reason of any acts or omissions on the part of the Party’s own officers, agents, volunteers, contractors, employees, governing board, members of the governing board, council, and council members under or in connection with any obligation delegated to such Party under this Agreement. This indemnity shall survive termination of this Agreement.
(b) Each Party agrees to require all third party organizations that it authorizes to use or enter the other Party’s Facility, to execute a document stating the following:
[Name of Organization] agrees to hold harmless, defend, and indemnify the Soledad Unified School District and City of Soledad, their respective governing boards, members of their governing boards, councils, council members, agents, officers, employees and representatives against all actions, claims, or demands for injury, death, loss or damages, regardless of fault or cause, by anyone whomsoever (except where such injury, death, loss, or damage is due to the sole negligence or willful misconduct of the Soledad Unified School District or the City of Soledad, whenever such injury, death, loss, damage or claim is a consequence of, or arises out of the use of or access to the Facility known as [name of Facility], by [name of organization] or its agents, officers, employees and representatives.

10. Insurance.
(a) Each Party agrees to maintain in full force and effect throughout the duration of the Agreement a suitable policy or policies of public liability and property damage insurance, insuring against all bodily injury, property damage, personal injury, and other loss or liability caused by or connected with the Party’s use of Facilities under this Agreement. Such insurance shall be in amounts not less than $2,000,000 per occurrence; $4,000,000 for general aggregate and $2,000,000 for property damage. Each party agrees to provide the other proof of such coverages on an annual basis, naming the other party as “additional insured” where appropriate and shall also provide thirty (30) days’ advance written notice of any cancellation, termination or lapse of any of the insurance or self-insurance coverages. Failure to maintain insurance as required in this Agreement is a material breach of contract and may be grounds for termination of the Agreement.
(b) Certificates of Insurance for the City and District reflecting the coverage and amounts set forth above shall be attached to this Agreement as Exhibits C and D, respectively, and incorporated herein by reference.
(c) Sexual Molestation and Abuse Coverage. City’s insurance policy or policies shall include or be endorsed to include sexual molestation and abuse coverage, unless that coverage is afforded elsewhere in the public liability and property damage policy by endorsement, with the following limits: $2,000,000 per occurrence and an aggregate of $4,000,000.00. 259
(d) Workers’ Compensation. The Parties shall maintain Workers’ Compensation insurance in accordance with the laws of California.

11. Dispute Resolution. In the event of any dispute between the Parties arising out of this Agreement, the dispute shall be resolved in the following manner. First, the Parties shall attempt in good faith to resolve the dispute between the respective representatives having immediate supervision and control over the planning and use of Facilities. Second, if that is not successful, the Superintendent, or the Superintendent’s authorized representative and the City’s City Manager or the City Manager’s authorized representative shall attempt in good faith to resolve the dispute. If all efforts fail, the Parties may agree to submit the matter to nonbinding mediation, with each Party bearing half the cost, or if no agreement can be reached, either Party may proceed to litigation.

12. Assignment. No Party shall assign this Agreement or any right or privilege any Party might have under this Agreement without the prior mutual written consent of the other Party.

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

14. Entire Agreement, Waivers and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the Parties with respect to all or part of the subject matter thereof.

All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Party to be charged. Any amendment or modification to this Agreement must be in writing and executed by all of the Parties hereto.

15. Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both Parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement.

16. Execution in Counterparts; Signatures. This Agreement may be executed in several counterparts, and all such executed counterparts shall constitute one agreement binding on all Parties hereto, notwithstanding that all Parties are not signatories to the original or the same counterpart. Copies of signatures shall have the same force and effect as original signatures.

17. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of any Party, the Agreement shall forthwith be physically amended to make such insertion or correction.

18. Cooperation. The Parties acknowledge that it may be necessary to execute documents other than those specifically referred to herein in order to complete the objectives and 260
requirements that are set out in this Agreement. The Parties hereby agree to cooperate with each other by executing such other documents or taking such other actions as may be reasonably necessary to complete the objectives and requirements set forth herein in accordance with the intent of the Parties as evidenced in this Agreement.

19. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not signatory to this Agreement.

20. Notices. Any notice to be given hereunder to either party shall be in writing and shall be given either by personal delivery (including express or courier service), by e-mail, by receiptconfirmed facsimile, by registered or certified mail, with return receipt requested and postage prepaid (excluding electronic messaging) and addressed as follows:

To District:

Randy Bangs
Soledad Unified School District
Attn: Superintendent
[email protected]
1261 Metz Road
Soledad, CA 93960
To City:

Megan Hunter
City of Soledad
Attn: City Manager
[email protected]
P.O. Box 156
Soledad, CA 93960

21. Headings. The headings of this Agreement are for convenience purposes only and shall not limit or define the meaning of the provisions of this Agreement.

22. Authority. The persons executing this Agreement warrant and represent that they are duly authorized to execute and deliver this Agreement on behalf of said Party and that by executing this Agreement, such Party is formally bound to the provisions of this Agreement. 261
IN WITNESS WHEREOF, the City and District have entered into this Agreement as of the Effective Date.

DISTRICT: CITY:

Soledad Unified School District City of Soledad
__________________________________ ___________________________________ Name: Randy Bangs Name: Megan Hunter
Title: Superintendent Title: City Manager
Date:__________ Date:___________
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List of City and District Facilities
Soledad Unified School District (“District”) Facilities subject to Agreement:
• Soledad High School gymnasium for youth basketball.
• Main Street Middle School gymnasium for youth basketball. • Gabilan Elementary School classrooms to hold meetings or events related to community recreation programs or activities.
• Gabilan Elementary School playground/structures on days when school is not in session. • Performing art facilities on District school campuses, for approved uses. • Computer labs at select District school campuses, to be determined by the District.

City of Soledad (“City”) Facilities subject to Agreement:
• Soledad Community Center gymnasium for volleyball and basketball, games and practices conducted by Main Street Middle School and Soledad High School. • Soledad Community Center for student performances, parent meetings, assemblies, and ceremonies.
• City owned outdoor playing fields.
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EXHIBIT B
[City and District Fee Schedule]
264

EXHIBIT C
[City Certificate of Insurance]
265

EXHIBIT D
[District Certificate of Insurance]
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Attachment 2
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SUBJECT: Rescind Resolution No. 6070, Establishing Procedures for the Selections of the Mayor and Mayor Pro Tem
Transition to District-Based Elections for Councilmembers-Proposed District Maps-Public Hearing No. 6
Consider Introduction, Waiver of Reading and Read by Title Only an Ordinance of the City Council of the City of Soledad Establishing and Implementing By-District Elections-4 District Map
TO: Honorable Mayor Velazquez and City Council
FROM: Mike Rodriquez, City Attorney
MEETING DATE: May 1, 2024

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 1.

Recommendation
Staff recommends that the City Council:

1. Rescind Resolution No. 6070, Establishing Procedures for the Selection of the Mayor and Mayor Pro Tem.

2. Conduct a public hearing, receive public comment, and discuss and give final approval to a preferred districting map and election sequencing plan for inclusion in an ordinance brought to the Council for introduction immediately following the public hearing on this topic on May 1, 2024.

3. Discuss and receive comment from the public, and thereafter introduce, waive reading, and read by title only “An Ordinance of the City Council of the City of Soledad Establishing and Implementing By-District Elections (Government Code Section 34886 and Election Code Section 10010).”
Executive Summary
On October 30, 2023, the Soledad City Clerk’s office received a referendum petition against Ordinance No. 765, an ordinance adopted on October 4, 2023, by which the City Council established a five-district by-district voting plan in the City. The referendum on Ordinance No. 765, designated “Measure P” by the Monterey County Elections Department, was placed on the ballot for a Special Election on March 5, 2024. Results of the election were certified by the City Council on April 3, 2024, and Measure P, which asked whether Ordinance No. 765 should be adopted, was easily defeated by a vote of 1673 to 204. As a 305
result, Ordinance No. 765 is of no force and effect. As a housecleaning matter, the Council should now rescind Resolution No. 6006, which was adopted on October 4, 2023, to establish how the Mayor and Mayor Pro Tem would be selected in a five-district voting system. Thereafter, the Council should conduct its sixth public hearing in the by-district voting process to determine if it desires to consider and adopt one of the four-district maps previously developed and presented to the Council and the public during last year’s districting efforts. (The Council expressed its preference for the Tan Map at its meeting on meeting on April 3, 2024.) After choosing a preferred map and voting sequence, the Council can then move forward with action to introduce, waive, and read by title only an ordinance that will codify the new election process and district map. The ordinance would come back to the Council for consideration of approval at the meeting of May 15, 2024. If the Council wishes to have a by-district voting plan in place for the November 2024 election it must act quickly as the approved map would need to be submitted to the County by the end of May.

Background
The City of Soledad currently elects its four city councilmembers and Mayor “at-large,” meaning each registered voter in the City has the opportunity to vote for all candidates seeking seats in the election. In 2022, under threat of litigation, the City Council commenced the process of transitioning from at-large to by-district voting. By-district voting is a system whereby a city is divided into voting districts and the constituents of each district are represented on the council by a resident of the district elected solely by the voters of said district. The process included five public hearings, held from October 25, 2022, through September 6, 2023, a series of community workshops to educate the public on districting and to explain how to use mapping tools in the event a member of the public desired to prepare a map for Council consideration, and the formation of The City of Soledad Advisory Community Districting Committee, which met to discuss the districting process, the means by which maps are prepared, and to review and make recommendations on maps that had been prepared for or submitted to the City for consideration. All of these efforts were guided and overseen by the City’s transition consultant, National Demographics Corporation (“NDC”).

A total of eight four and five-district maps were prepared for Council consideration, five of which were prepared by NDC, two of which were prepared by members of the public, and one of which was a map prepared by a member of the public and then modified by NDC at the Council’s request and direction.

NDC verified that all of the maps were prepared in compliance with the criteria established by the Fair Maps Act- Elections Code Section 21601, and the City and NDC verified that the maps were available for public review for the requisite period required by law before they were subject to final consideration.

In addition to the above-referenced efforts, the City posted information concerning the transition to bydistrict elections on its website, including copies of proposed maps and a link to mapping tools, and various notices concerning the process and meetings were posted on the website, the City Facebook page, and at various locations around City Hall.

On September 6, 2023, at the fifth Public Hearing concerning the by-district transition, the Council met to decide between two maps it had expressed a preference for at the fourth districting Public Hearing on August 2, 2023: the four-district Tan Map and the five-district Map 501B. The Council received extensive public comment on the matter, the majority of which favored the four-district map whereby the Mayor would continue to be elected at-large. After public comment the Council discussed its options and positions at length, ultimately selecting the five-district Map 501B as the preferred map by a split 3-2 vote. Thereafter, on October 4, 2023, the Council adopted Ordinance No 765 “Establishing and Implementing By District Elections” in the City of Soledad. The ordinance was to take effect on 306
November 4, 2023. Additionally, on this same date, in light of the fact that Ordinance No. 765 eliminated the Mayor-at-large’s position, the Council adopted Resolution No. 6006 establishing a new process by which the mayor and mayor pro tem’s positions would be selected from among seated councilmembers on a rotating basis based on seniority on the Council.

However, on October 30, 2023, the City Clerk’s Office received a referendum petition against Ordinance No. 765. The referendum process, established in Election Code Sections 9235-9247, provides citizens with a means by which to refer an ordinance passed by the Council to the vote of the people. The primary objection to Ordinance No. 765 was the fact that the approved five-district voting plan resulted in the loss of the right to vote for the mayor. By contrast, with a four-district voting plan, the Mayor’s position would continue to be selected by at-large City-wide voting.

The Referendum Petition (“Referendum”) was determined to be complete following the City Clerk’s initial intake review and was thereafter certified by the Monterey County Registrar of Voters as exceeding the minimum number of valid signatures necessary to qualify the Referendum for consideration by the City Council. Per California Election Code Section 9237, the effective date of Ordinance No. 765 was postponed pending the outcome of the referendum process. Thereafter, the Council chose the option of placing the Referendum before the voters at a special election. The referendum question on the ballot, which was prepared in accordance with the law and designated Measure P by the County, read “Shall City of Soledad Ordinance No. 765- Establishing and Implementing By-District Elections, by which all City council members shall be selected from newly established voting districts and the Mayor’s position shall no longer be elected at-large by the public but rather, shall be selected from among the seated council members, be adopted?” The City Council certified the results of the election on April 3, 2024, verifying that Measure P was defeated by a vote of 1673 No to 204 Yes. As a result of this vote, Ordinance No. 765 was not adopted and is of no force and effect. Moreover, Resolution No. 6006, which established the selection process of a mayor in a five-district voting plan, was no longer applicable.

With the defeat of Measure P, on April 3, 2024, the Council discussed its options with respect to bydistrict voting in the City. Options raised by Staff included: 1) rely on previous districting work and efforts and consider approval of a previously prepared four-district map; 2) commence a new districting map preparation process for a four-district map; and 3) take no action and continue with atlarge elections. Staff pointed out that only Option 1 would ensure that a by-district voting plan was in place in time for the November 2024 elections.

The Council was unsure of which action to pursue, although it appeared that there was still strong support for transitioning to by-district elections. Citing the amount of work and effort that has already been expended on the districting issue, the Council asked for further information on whether something could be done to protect an approved four-district election plan from repeal or modification by subsequent councils. In order to allow the Council to commence the process for adoption of its preferred four-district map, the Tan Map, Staff indicated it would bring back an ordinance for consideration of introduction at the May 1, 2024 meeting. Although the Council has designated the Tan Map as its preferred four-district map, any of the four-district maps previously presented for consideration would be acceptable for establishing a four-district voting plan.

Review & Analysis
As an initial matter, at the meeting of April 3, 2024, several members of the Council asked whether something could be done by the Council to protect the adoption of a four-district voting plan from 307
appeal or modification by a subsequent council. After conducting research and discussing this issue with Doug Johnson from NDC, the answer to this question is no.

The authority and powers of city councils in General Law cities such as Soledad are established by both the State Constitution and legislative act codified by statute. See Cal. Const art XI, Sections 1 and 7:
“Municipalities receive their power from the California Constitution and applicable general laws.” Long v. City of Fresno (1964) 225 Cal.App.2nd 59, 65. A sitting council has no ability to prohibit or constrain a future council’s exercise of this grant of authority by a council legislative act such as an ordinance or resolution. Such action would clearly be outside the council’s authority and would not withstand judicial scrutiny.

More importantly, a provision of Government Code Article 2-Election of Legislative Body By or From Districts in Cities (Sections 34870-34886) specifically provides city councils with the authority to modify and/or repeal previous council districting actions. Article 2, which details the process for establishing by-districting voting, includes Section 34873, which states “An ordinance enacted pursuant to this article may be amended or repealed in the same manner; provided, the term of office of any council member elected shall not be affected.” In other words, the right of future councils to repeal or amend a by-district voting plan by ordinance is established and guaranteed by statute and as such, no council can adopt an ordinance barring a future council from taking such action.

There was also a suggestion that a by-district voting ordinance could be protected from future repeal or modification by having the Council place such an ordinance on the ballot by initiative for voter approval. However, based on both our previous discussions on this issue and the language and intent of Government Code Section 34873, voter approval of a council-initiated matter does not necessarily prohibit subsequent council action on the same matter. Although untested in the courts, the weight of opinion is that a council may modify or repeal a council initiative approved by the voters if such action is pursued pursuant to the authority conferred by statute. So for example, the City Council was able to consider an ordinance approving a five-district voting plan that would have eliminated the elected mayor’s position, even though the elected mayor’s position was previously approved by the voters, pursuant to statutory authority that compels by-district voting in order to achieve compliance with the California Voting Rights Act.

It is worth noting that in placing a districting ordinance before the voters, the Council would also run the risk that the ordinance would be defeated. Such circumstances would make subsequent action on districting problematic.

In light of the foregoing, Staff is recommending that the Council consider the following actions concerning districting:

1. Consider adoption of Resolution No. 6070, Rescinding Resolution No. 6006 Establishing Procedures for the Selection of the Mayor and Mayor Pro Tem. This is essentially a housekeeping issue.

Resolution No. 6006 was only adopted after the Council’s adoption of Ordinance No. 765 to provide a means of selecting a mayor since the Council-approved five-district voting plan eliminated the mayorat-large’s position. With the subsequent rejection of Ordinance No. 765 by the voters, Resolution No. 6006 has no purpose and cannot be utilized. Formal rescission will create a clear record that the resolution is no longer applicable.

2. Hearing on Four-District Map. The purpose of the evening’s first hearing, the sixth in the districting process, is to briefly review districting, receive public input, and then to discuss and confirm a final selection on the preferred district map and election sequence for by-district elections. All of the four308 district maps received to date, including the preferred “Tan” four-district map have been available to the public both on the City’s website and reproduced and included in agenda packets. NDC has confirmed that all of the four-district maps were prepared in compliance with the criteria established by the Fair Maps Act- Elections Code Section 21601. (Copies of all previously submitted four district maps are attached hereto.) Map drafting requirements include that districts shall be substantially equal in population, shall to the extent practicable be geographically contiguous, shall to the extent practicable respect the geographic integrity of any local neighborhood or local community of interest, shall be easily identifiable and understandable to residents (bounded by natural and artificial barriers, streets and city boundaries), and to the extent practicable, shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations.

The proposed four-district Tan Map would establish an election sequencing plan where the Mayor and two councilmembers would be up for election every two years. As is the law with districting transitions, no current councilmember’s term of office would be impacted by the by-district conversion. This would be accomplished by phasing the conversion to district elections over the course of two election cycles in 2024 (Districts 3 and 4) and 2026 (Districts 1 and 2). Under the four-district format, councilmembers’ terms would remain at four years and the current two-year term and accompanying two-year voting schedule for the Mayor’s position would remain unchanged.

3. Hearing for Introduction of Ordinance Establishing By-District Elections. The purpose of the second public hearing is to introduce, waive reading and read by title only “An Ordinance of the City Council of the City of Soledad Establishing and Implementing By-District Elections.” This Ordinance will amend Chapter 2.04 of Title 2- Administration and Personnel of the Soledad Municipal Code to establish the new by-district voting system. The Ordinance will codify by-district voting as the means by which councilmembers are elected in the City, incorporate the preferred four-district Tan Map district map, and establish a proposed election sequence to implement the new voting process.

If the Council decides to move forward with this action, it should take comment on the proposed ordinance and then after closing the comment period, consider introduction of the Ordinance. The Ordinance will then be set for consideration at a noticed hearing in accordance with the City’s standard procedure for the City Council meeting of May 15, 2024. If adopted, Staff would immediately transmit a copy of the ordinance of the Elections Department so that by-district voting would commence in Soledad at the November 2024 election.

The Council is also free to take no action on a four-district voting plan at this time. Options would include directing Staff to prepare a Council initiative for placement on the ballot at the 2024 November Election, to initiate a new mapping process for a four-district map, or to simply take no action at all on districting and let at-large voting continue in the City. If desired, Staff and our NDC consultant will be available to discuss these options and possible consequences.

Financial Considerations
At this point the only cost the City has incurred for districting is the cost for the City’s consultant as set forth in the applicable Consulting Service Agreement
Alternatives
The Council may:
309
Resolution No. 6070
Ordinance re Four-District Action 4-17-24
Approve the use of the four-district Map and initiate the approval process by introducing Ordinance No. 768.

Request that the district map selection process begin anew and engage the City’s consultant to initiate the process.

Refrain from taking any action this evening, other than rescinding Resolution No. 6070, and provide Staff with direction.

Decide to take no further action for transition to a by-district plan and leave the current at-large voting system in place. Such action will in all likelihood expose the City to potential litigation meant to compel a transition to by-district voting.

Planning/CEQA
Not applicable- the districting action is not a “project” pursuant to Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines. Additionally, the Districting Ordinance is not subject to CEQA pursuant to Guidelines Section 15061 as it can be seen with certainty that there is no possibility the Ordinance may have a significant effect on the environment.

Public Notice Requirements
The public hearing was noticed by posting on the City’s website and Facebook page, and physically posted at City Hall. It was also identified as a public hearing on the Council’s meeting agenda.

Attachment(s):
310
RESOLUTION NO. 6070

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD RESCINDING RESOLUTION NO. 6006 ESTABLISHING PROCEDURES FOR THE

SELECTION OF THE MAYOR AND MAYOR PRO TEM
WHEREAS, on January 6, 2021, the City Council adopted Resolution No. 5674 establishing a means by which to appoint the Mayor Pro Tem on a rotating annual basis; and WHEREAS, on October 4, 2023, the Soledad City Council adopted Ordinance No. 765 establishing a five-district election system. As a result of the five-district system, the Mayor’s position would no longer be elected at-large; and
WHEREAS, on October 4, 2023, the City Council adopted Resolution No. 6006 for the purpose of establishing new appointment procedures, using a seniority-based rotation system, for both the Mayor and Mayor Pro Tem’s positions; and
WHEREAS, Ordinance No. 765 was defeated by the voters of the City in a special referendum election held on March 5, 2024; and
WHEREAS, in light of the fact that the Mayor’s position will continue to be elected atlarge, it is necessary to rescind Resolution No. 6006.

NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Soledad as follows:

Section 1. Resolution No. 6006 is hereby rescinded in its entirety and is no longer of any force and effect.

Section 2. Resolution No. 5674, which provides the process for the selection of the Mayor Pro Tem, and which was superseded by the adoption of Resolution No. 6006, is hereby reenacted. A copy of Resolution No. 5674 is attached hereto as Exhibit A.

PASSED AND ADOPTED by the City Council of the City of Soledad at a regular public meeting thereof held on the 1 day of May 2024, by the following vote:

AYES: and in favor thereof, Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
311
______________________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
___________________________________
MEGAN HUNTER, City Clerk
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RESOLUTION NO. 5674

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD AMENDING

THE CITY OF SOLEDAD RULES, POLICIES, AND PROCEDURES REGARDING

ELECTION OF MAYOR PRO TEMPORE
WHEREAS, on November 3, 2010 the City Council has previously adopted an updated set of “City of Soledad City Council Rules, Policies and Procedures” (“RPP’s”) to provide regulations and guidance to elected officials with respect to Council duties and operations; and
WHEREAS, on December 2, 2020, the Council considered and discussed a changes to the RPP’s to address Article III – Section 2 to allow for a rotating policy for the position of Mayor Pro Tempore.

NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Soledad that the City Council hereby amends Article III – Section 2 of the “City Council Rules, Policies and Procedures,” a copy of which is attached hereto as Exhibit “A.” PASSED AND ADOPTED at a regular meeting of the City Council of the City of Soledad duly held on the 6
th day of January 2020, by the following vote:

AYES, and in favor thereof, Councilmembers: Ben Jimenez, Jr., Mayor Pro Tem Carla Strobridge, Alejandro Chavez, Marisela Lara, and Mayor Anna M. Velazquez.

NOES, Councilmembers: None
ABSENT, Councilmembers: None
ABSTAIN, Councilmembers: None
______________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
________________________________
BRENT SLAMA, Interim City Clerk
Exhibit A
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ORDINANCE NO. 768

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLEDAD

ESTABLISHING AND IMPLEMENTING BY-DISTRICT ELECTIONS
(GOVERNMENT CODE § 34886 AND ELECTION CODE § 10010)
WHEREAS, the City of Soledad supports the full participation of all citizens in electing members of the City Council; and
WHEREAS, the City of Soledad currently elects its four (4) members of the City Council using an at-large election system, with a separately elected mayor, where candidates may reside in any part of the City and each member of the City Council is elected by the voters of the entire City; and
WHEREAS, California Government Code Section 34886, effective January 1, 2017, permits the City Council of any city to change the City’s method of election by ordinance to a “by-district” system in which each member of the City Council is elected only by the voters in the district in which the candidate resides, and permits the mayor to continue to be elected atlarge, in accordance with California Government Code Section 34871(c); and WHEREAS, under the provisions of California Elections Code Section 10010, a city that changes from an at-large city council method of election to a by-district city council method of election requires a total of five public hearings, which includes at least two public hearings regarding potential voting district boundaries prior to the release and consideration of any draft voting district maps, and two public hearings following the release of draft voting district map(s); and
WHEREAS, after receiving a demand to transition to by-district elections and a threat of potential litigation, at a regular meeting of the City Council of the City of Soledad held on July 20, 2022, the City Council adopted Resolution No. 5833 that initiated the process of establishing a by-district election system and adopting the schedule therefor; and WHEREAS, thereafter, at special joint meetings of the City Councils of the Cities of Gonzales and Soledad held on the 25th day of October, 2022 and the 14th day of December, 2022, respectively, pursuant to California Elections Code Section 10010(a)(1), the City Council held public hearings where the public was invited to provide input regarding the composition of the City’s voting districts before any draft maps were drawn, and the City Council of the City of Soledad considered and discussed the same; and
WHEREAS, thereafter, at regular meetings of the City Council of the City of Soledad held on the 15th day of February, 2023 and the 2nd day of August, 2023, pursuant to California Elections Code Section 10010(a)(2), the City Council held public hearings where the public was invited to provide input regarding the content of draft four-district and/or five-district maps that had been released at least seven (7) days before each meeting, as prepared by consultant National Demographics Corporation (“NDC”) or by members of the public, as well as the proposed 314
sequence of elections, and the City Council of the City of Soledad considered and discussed the same; and
WHEREAS, in addition to the Council meetings set forth above, the Council directed NDC and Staff to conduct a series of community workshops to educate the public on the districting process and to explain how to use mapping tools in the event any member of the public desired to prepare a map for council consideration, and said workshops were conducted in both English and Spanish on April 15 and June 13 and 14; and WHEREAS, the City Council also formed The City of Soledad Advisory Community Districting Committee, comprised of residents of the City appointed by the Council, to review draft maps and to make recommendations to the Council, and the Committee thereafter met on May 23 and June 28 of 2023 and forwarded its recommendations for both preferred four-district and five-district maps; and
WHEREAS, at a regular meeting of the City Council of the City of Soledad held on the 6 th day of September, 2023, the City Council held a fifth public hearing on the proposal to establish district boundaries, reviewed additional public input, formally selected a five-district voting district map and the corresponding election sequence, which was introduced for a first reading at the same regular meeting of the City Council of the City of Soledad and thereafter adopted as Ordinance No. 765 by the Council on October 4, 2023; and WHEREAS, throughout the foregoing process, the City engaged in a significant amount of public outreach and engagement above and beyond the public hearings and other procedures required by California Elections Code Section 10010, including, but not limited to, postings of map information and diagrams and notice of City hearings on the City’s website; and WHEREAS, Ordinance No. 765 was subsequently rejected by the voters of the City at a special referendum election in March of 2024; and
WHEREAS, at a duly noticed regular meeting of the City Council of the City of Soledad held on the 1
st day of May, 2024, the City Council held a sixth public hearing on the proposal to establish district boundaries, reviewed additional public input, formally selected a four-district voting district map and the corresponding election sequence, as attached to this Ordinance and incorporated herein, which was introduced for a first reading at the same regular meeting of the City Council of the City of Soledad. All map information and diagrams have been continually available for review on the City’s website since 2023, and were available at least 15 days prior to the introduction of this ordinance; and

WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government Code Section 34886, an ordinance providing for the election of members of the City Council of the City of Soledad by district in four single-member districts as reflected in Attachment A to this Ordinance, with the Mayor elected at-large, in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code) and to implement the guarantees of Section 7 of Article 1 and of Section 2 of Article II of the California Constitution. 315
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Soledad as follows:

SECTION 1. All of the recitals set forth above are true and correct to the best of its knowledge and by this reference are incorporated herein as findings.

SECTION 2. Chapter 2.04 of Title 2-Administration and Personnel of the Soledad City Code is hereby amended by adding new Sections 2.04.030, 2.04.040, 2.04.050 and 2.04.060 to read as follows:

2.04.030 By-District Electoral System.

Pursuant to California Government Code Section 34886 and the schedule established in Section 2.04.050 of this Chapter, beginning in November 2024, members of the city council shall be elected on a by-district basis from four (4) single-member Council Districts. The mayor shall be separately elected on a City-wide basis per Section 2.04.060.

The City’s by-district electoral system shall be conducted in accordance with California Government Code Section 34871, subdivision (c).

2.04.040 Establishment of City Council Electoral Districts.

A. Pursuant to Section 2.04.030 of this Chapter, members of the city council shall be elected on a by-district basis, as that term is defined in California Government Code Section 34871, subdivision (c), from the four Council Districts described as follows, which shall continue in effect until they are amended or repealed in accordance with law:

1. Council District 1 shall comprise all that portion of the City reflected on Attachment A.

2. Council District 2 shall comprise all that portion of the City reflected on Attachment A.

3. Council District 3 shall comprise all that portion of the City reflected on Attachment A.

4. Council District 4 shall comprise all that portion of the City reflected on Attachment A.

B. Members of the city council, excluding the mayor, shall be elected in the electoral districts established by this Section and subsequently reapportioned pursuant to applicable State and federal law.

C. Except as provided in subdivision D herein and notwithstanding any other provision of this Chapter, once this Ordinance is fully phased in, the member of the city council elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for city council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, 316
pursuant to California Government Code section 34882 and Elections Code section 10227.

Termination of residency in a district by a member of the city council shall create an immediate vacancy for that Council district unless a substitute residence within the district is established within thirty (30) days after the termination of residency.

D. Notwithstanding any other provision of this Section, and consistent with the requirements of California Government Code Section 36512, the members of the city council in office at the time the Ordinance codified in this Chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. At the end of the term of each member of the city council, excluding the separate office of mayor, that member of the city council’s successor shall be elected on a by-district basis in the districts established in this Section and as provided in Section 2.04.050 of this Chapter.

E. Nothing in this Section shall affect the election of the mayor, who shall remain elected on a City-wide basis, in accordance with Section 2.04.060 of this Chapter of this Code.

2.04.050 Election Schedule.

Except as otherwise required by California Government Code Section 36512, the members of the city council shall be elected as follows: Councilmembers in District 3 and 4 at the General Municipal Election in November of 2024 and every four years thereafter, as such Council Districts may be amended; Council members in Districts 1 and 2 at the General Municipal Election in 2026, and every four years thereafter, as such Council Districts may be amended. The election schedule for the mayor is not affected by the schedule established in this Section.

2.04.060 Mayor; Selection
The position of the mayor is an elected office. The term of office for the mayor is two (2) years.

SECTION 3. A map showing the districts described in this Ordinance and codified in Section 2.04.040 of the City of Soledad Municipal Code is attached hereto as Attachment A and incorporated herein by reference.

SECTION 4. The City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district, only when necessary to facilitate the implementation of this Ordinance. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.

Pursuant to Elections Code 21601, as it may be amended from time to time, the City Council shall adjust the boundaries of any or all of the districts following each decennial federal census to ensure that the districts are in compliance with all applicable provisions of the law. 317
SECTION 5. To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof.

SECTION 6. In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes.

SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Soledad hereby declares the Council would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 8. This Ordinance is not subject to the California Environmental Quality Act (CEQA) because it is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, since there is no potential for the Ordinance to result in direct or indirect physical change in the environment. In addition, the Ordinance is not subject to CEQA pursuant to State CEQA Guidelines Section 15061 as it can be seen with certainty that there is no possibility the Ordinance may have a significant effect on the environment.

SECTION 9. This ordinance shall be effective thirty days after its adoption (scheduled for May 15, 2024) and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Soledad within fifteen days after its adoption.

INTRODUCED AND FIRST READ at a Regular Meeting of the Soledad City Council on the 1st day of May 2024, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Soledad on the 15th day of May, 2024, by the following vote, to wit:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

Anna Velazquez, The Honorable Mayor
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ATTEST:
_______________________________
Megan Hunter, City Clerk
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SUBJECT: Resolution No. 6071, A Resolution of the City Council of the City of Soledad Accepting the Vision and Guiding Principles for the 2024 Siempre Soledad General Plan Update Meeting
TO: Honorable Mayor Velazquez and City Council
FROM: Kao Nou Yang, Community and Economic Development Director MEETING DATE: May 1, 2024

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manage
AGENDA ITEM NO. 1.

Recommendation
It is recommended that the City Council Consider and Approve Resolution No. 6071, “A Resolution of the City Council of the City of Soledad, Accepting the Vision and Guiding Principles for the 2045 Siempre Soledad General Plan Update”.

Executive Summary
The City of Soledad is currently in the process of updating its General Plan, known as "2045 Siempre Soledad". This process is estimated to take another 18 to 20 months to complete. The City has concluded the visioning phase, which will set the tone for the plan as it is being developed. Over the last 6 months, the City has engaged with the community, the General Plan Advisory Committee (GPAC), and the Soledad Planning Commission to gather extensive feedback, which is reflected in the draft Vision and Guiding Principles that is being presented to the City Council for acceptance.

Background
California state law requires each city and county to adopt a general plan “for the physical development of the county or city, and any land outside its boundaries which in the planning agency’s judgment bears relation to its planning” Gov. Code 65300. As part of California state law, the City is required to update the General Plan every 20 years for long range development and growth of the City. The City of Soledad is in the process of updating the General Plan named “2045 Siempre Soledad.” This update is anticipated to be completed by late 2025.
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The process of updating a general plan requires extensive data collection, analysis, and community engagement. The City has contracted with a consultant, “PlaceWorks” to help complete a comprehensive update of the 2005 General Plan. The Existing Conditions Report has been completed and now the visioning process has concluded resulting in draft Vision and Guiding Principles for City Council consideration.

Review & Analysis
The Vision Statement and Guiding Principles act as touchstones to ensure that the goals, policies, and implementation programs align with the overarching vision. The vision statement reflects what the community values most about the City and their aspirations for the future. Its purpose is to inspire and set the direction for the General Plan's goals, policies, and implementation programs.

The draft vision states: Soledad is a small town with big ideas, celebrating our rich cultural heritage and serving as the gateway to Pinnacles National Park. We are a welcoming and diverse community that is committed to sustainable growth, improving quality of life, supporting businesses, and being a safe and healthy city where everyone thrives.

Between November 1st, 2023 and February 29, 2024, the City of Soledad conducted extensive community engagement to gather feedback on some of the main issues facing the City. Outreach included community events, such as the El Dia de los Muertos, canvassing, Facebook posts, pop-ups, and interactive surveys. The feedback received is summarized in Attachment 2 and was very important in crafting the Vision and Guiding Principles presented as Exhibit A.

On February 21, 2024, a General Plan Advisory Committee (GPAC) meeting was held to review the Vision and Guiding Principles. The feedback from the GPAC resulted in changes to specific wording and more inclusive language for people with disabilities and the elderly. On March 14th, 2024, the Vision and Guiding Principles were presented to the Soledad Planning Commission, who agreed on many of GPAC’s recommended revisions. The Planning Commission provided feedback that centered around safety, community spaces, and mobility. The proposed revisions given by the GPAC and the Planning Commission are included in the Final Draft Exhibit A.

Financial Considerations
The City has allocated $1,169,051.00 for the development of the General Plan, which has been budgeted through the General Fund and various grants. The City has a contract with PlaceWorks for $1,169,051. The development of the Vision and Guiding Principles are included as part of the PlaceWorks contract.

Alternatives
Accept the Vision and Guiding Principles as recommended.

Modify the Vision and Guiding Principles.

Provide other direction to Staff.

Planning/CEQA
The General Plan Update will undergo environmental review pursuant to the California Environmental Quality Act (CEQA). Accepting the Vision and Guiding Principles as a step in the drafting of the General Plan is not a project as defined under CEQA Section 15378. 321
Resolution No. 6071
Exhibit A- Vision and Guiding Principles- draft
Attachment 2. Key Themes Community Input
Attachment 3. Resolution No. 2024-04 The General Plan Vision and Guiding Principles - signed (002)
Attachment 4. CC Presentation 050124 AM Edits
Public Notice Requirements
Not required.

Attachment(s):
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RESOLUTION NO. 6071

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD ACCEPTING THE VISION AND GUIDING PRINCIPLES FOR THE 2045 SIEMPRE

SOLEDAD GENERAL PLAN UPDATE
WHEREAS, the City of Soledad (City) adopted the General Plan in 2005 and initiated a General Plan update in January of 2023 called 2045 Siempre Soledad; and WHEREAS, the vision statement reflects what the community values most about the city and their aspirations for the future and its purpose is to inspire and set the direction for the General Plan's goals, policies, and implementation programs; and WHEREAS, between November 1, 2023 and February 29, 2024, extensive community engagement was conducted to gather feedback involving community events, canvassing, Facebook posts, pop-ups, and interactive surveys; and
WHEREAS, this community feedback along with recommended revisions from the General Plan Advisory Committee and the Planning Commission Community has been incorporated into the draft Vision and Guiding Principles for the 2045 Siempre Soledad General Plan Update for City Council consideration.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Soledad hereby accepts the 2045 Siempre Soledad Vision and Guiding Principles as Exhibit “A”.

PASSED AND ADOPTED, at a duly noticed regular meeting of the City Council of the City of Soledad held on the 1
st day of May 2024, by the following vote:

AYES, and in favor thereof Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
______________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
__________________________________
MEGAN HUNTER, City Clerk
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Guiding Principles
Economy
We cultivate a thriving economy that supports
quality retail for our residents’ shopping needs,
small businesses, and regional tourism. We aim
to provide our residents with secure and wellpaying jobs that will serve as the backbone of their livelihoods. Residents are able to shop locally for
their essential needs.

Housing
We ensure access to quality, safe, and diverse
housing near schools, jobs, retail, and parks that is
affordable to residents of all income levels.

Equity
We are committed to diversity, equity, and inclusion
and believe everyone has a voice in shaping
Soledad and participating in local decision making.

Community Places
We value parks, public gathering spaces,
recreation, cultural events, and vibrant community
places that are comfortable and welcoming to all.

We advance our beautiful park and recreation
system with amenities that offer moments of play
and connection with our neighbors.

Mobility
We have high-quality road and public transit
systems that help prevent traffic fatalities and
severe injuries, minimize traffic congestion and
allow convenient and access to daily destinations.

We are proud of our safe, walkable, accessible, and
bikeable neighborhoods that promote these nonautomobile modes of transportation.

Safety
We prioritize a safe and open community. Our
streets have ample lighting, well maintained
sidewalks, highly visible crosswalks, and protected
bike lanes. Freeway access accommodates our
need for evacuation in the event of an emergency.

Our safety and law enforcement providers are
partners with all of us in preparing for emergencies
and in intervention and prevention of crime.

Youth
We invest in our youth by providing safe
communities, access to health care, workforce
development, educational pathways, quality
housing, and parks and recreational opportunities
for their well-being and growth.

Health
We promote both physical and mental health
services through our infrastructure, facilities,
stores, and services. This includes walking, biking,
and access to healthy and safe foods. Healthcare
and social services are plentiful and accessible to
everyone in the community.

Education
We invest in the prosperity of our community and
local workforce through a range of educational
programs that provide academic advancement
and job skills training. We are proud to provide
educational services in Spanish, English, and
other languages spoken locally.

Vision: Soledad is a small town with big ideas, celebrating our rich cultural heritage and serving as the gateway to Pinnacles National Park. We are a welcoming and diverse community that is committed to sustainable growth, improving quality of life, supporting businesses, and being a safe and healthy city where everyone thrives.

EXHIBIT A
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Principios que nos guían
Economía
Cultivamos una economía prospera que apoya el
comercio de buena calidad para las necesidades de
nuestros residentes, los pequeños negocios y el turismo regional. Nuestro objetivo es dar empleos seguros y
bien pagados a nuestros residentes para poder tener
un mejor estilo de vida. Los residentes podrán comprar
localmente para sus necesidades esenciales.

Vivienda
Garantizamos el acceso a viviendas seguras, diversas
y de buena calidad, que estén cerca de escuelas,
empleos, centros comerciales y parques. Ofreceremos
opciones de vivienda para todos los residentes de todos los niveles de ingresos.

Equidad
Estamos comprometidos a la diversidad, equidad e
inclusión y creemos que la voz de todos debe tomarse
en cuenta para la formación de Soledad y en la
participación de decisiones locales.

Centros Comunitarios
Valoramos los parques, los espacios públicos de
reunión, la recreación, los eventos culturales y los
lugares comunitarios vibrantes que son cómodos y
agradables para todos. Crearemos un hermoso sistema
de parques y recreación con amenidades que ofrecen
momentos de juego y conexión con nuestros vecinos.

Movilidad
Contamos con sistemas de calles y transporte público
de alta calidad que ayudan a prevenir accidentes graves, minimizan la congestión del tráfico y permiten un acceso conveniente a los destinos diariamente. Estamos
orgullosos de nuestros vecindarios seguros, accesibles
y transitables y que promueven modos alternativos de
transporte.

Seguridad
Priorizamos una comunidad segura y abierta. Nuestras
calles tienen amplia iluminación, banquetas bien
mantenidas, cruces peatonales muy visibles y carriles
seguros para bicicletas. El acceso a la autopista se
adaptará a nuestra necesidad de evacuación en caso
de emergencia. Nuestros proveedores de seguridad y
agencia policiaca serán aliados de todos nosotros en
la preparación de emergencias y en la intervención y
prevención del crimen.

Juventud
lnvertimos en nuestros jóvenes al proporcionar
comunidades seguras, acceso a atención médica,
desarrollo profesional, servicios educativos, viviendas de calidad y oportunidades recreativas para su
bienestar y crecimiento.

Salud
Promovemos los servicios de salud física y mental a
través de nuestra infraestructura, establecimientos,
tiendas y servicios. Esto incluye caminar, andar en
bicicleta y acceder a alimentos saludables y seguros.

Los servicios sociales y de atención medica son
diversos y accesibles para todos los miembros de la
comunidad.

Educación
lnvertimos en la prosperidad de nuestra comunidad
y la fuerza laboral local a través de una variedad
de programas educativos que brindan avance
académico y desarrollo laboral. Estamos orgullosos
de ofrecer servicios educativos en español, inglés y
otros idiomas hablados localmente.

Visión: Soledad es un pueblo pequeño con ideas grandes. Admiramos nuestra riqueza cultural y servimos como puerta de entrada al Parque Nacional Pinnacles. Somos una comunidad hospitalaria y diversa que se compromete a crecer de una manera sostenible, mejorar la calidad de vida, apoyar a los negocios y ser una ciudad segura y saludable donde todos prosperen. 325
1 General Plan Visioning:

Key Themes from Community Input
A. PUBLIC COMMENTS
The community visioning comments received through various public engagement events and efforts are organized by theme and parenthetically reference the source event. Many comments include multiple themes. All components of each comment are considered if they address multiple topics; but for ease of review, each comment is assigned to one theme only. Some comments note a “+” and number following the event title to demonstrate the number of times that topic came up in an event.

The themes are:

1. Housing

2. Environmental Justice

3. Circulation

4. Land Use

5. Jobs and Economy

6. Community Life

7. Parks and Recreation

8. Other

1. HOUSING
 What type of housing should the City focus on? (Hot Summer Days pop-up 7/8) o 20% of responses support rental apartments.
o 16% of responses support single-family, detached homes. o 12% of responses support emergency shelters.
o 12% of responses support mixed-use development.
o 10% of responses support farmworker or employee housing. o 8% of responses support mobile home parks, but 0% of responses support mobile/manufactured homes.
o 8% of responses support permanent supportive housing. o 8% of responses support tiny or micro homes.
o 2% of responses support townhomes.
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2 o 2% of responses support accessory dwelling units.
o 2% of responses support for-sale condominiums.
o 2% of responses support “other” types of housing.
 What group of people should the City focus housing on? (Hot Summer Days Pop-Up 7/8) o 17% of responses support housing for low-income households. o 13% of responses support housing for students.
o 11% of responses support housing for people experiencing homelessness. o 10% of responses support housing for people who work in Soledad. o 10% of responses support housing for farmworkers.
o 10% of responses support housing for persons with disabilities. o 8% of responses support housing for first-time homebuyers. o 8% of responses support housing for seniors, independent living. o 6% of responses support housing for seniors that require assisted living. o 6% of responses support housing for households with children k-12. o 1% of responses support housing for “other” category.  There is concern regarding gentrification and a need for more housing for residents. (Hot Summer Days Pop-Up, Dia de los Muertos event +1, Vision Survey +8)  There is a need for more housing to attract more residents. (Hot Summer Days Pop-Up)  There is a need for more affordable housing for low-income and “blue collar” worker populations. (Hot Summer Days Pop-Up +1, Dia de los Muertos event, National Night Out event)
 There is a need for more affordable moderate-income housing. (Dia de los Muertos event)  There is a need for more family housing. (Hot Summer Days Pop-Up)  There is a need for apartments uptown. (Hot Summer Days Pop-Up)  There is a request for less “garage housing ADUs.” (Hot Summer Days Pop-Up)  There is a need for more housing for seniors. (Dia de los Muertos event)  There is a desire to keep the small town feel and prevent sprawl. (Dia de los Muertos event)  What are the top three ways that the City can improve housing opportunities? (Dia de los Muertos event)
o 20% partner with developers to build more affordable housing. o 14% educate residents on buying a home.
o 13% preserve restrictions on affordable housing.
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3 o 13% develop programs to help residents pay for ownership housing (down payment assistance, low interest loans, etc.).
o 10% provide supportive services and housing for unhoused residents. o 7% incentivize the construction of multi-family rental housing. o 7% provide rental assistance to keep residents housed. o 6% support tenant and landlord education programs.
o 5% develop a housing rehabilitation program.
o 5% work with agriculture businesses to construct family farmworker housing.  There is a need for better housing to serve the local k-12 workforce. (Economic Development Focus Groups)
 There is a lack of sufficient affordable for-sale and rental housing options to serve all segments of the local workforce, including both single-person households and families. (Economic Development Focus Groups)

2. ENVIRONMENTAL JUSTICE
 Which three issues do you think are the most important to ensure all neighborhoods have access to healthy living conditions and environments? (Dia de los Muertos event) o 28% of responses noted concern regarding health care access. o 24% of responses noted concern regarding access to healthy food and grocery stores. o 23% of responses noted problems with or lack of city infrastructure and facilities that support physical activity, including sidewalks, bicycle lanes, parks, and recreation centers as a major concern.
o 14% of responses noted concerns about access to safe and healthy housing. o 6% of responses noted concern regarding air pollution caused by vehicles. o 5% of responses noted concern regarding air or chemical pollution from industrial businesses and activities.

3. CIRCULATION
 There is a desire for safer streets and routes through the community, which includes protected bike lanes and improving crosswalks and signals near schools. (Hot Summer Days Pop-Up; Dia de los Muertos event)
 There is a need for another entrance/exit to and from Soledad to improve accessibility in and out of the city (+6), especially in case of emergencies and evacuations. (Hot Summer Days Pop-Up; Dia de los Muertos event, National Night Out, Vision Survey +2)  There is a request to connect Nestles Rd to Metz Rd. (Hot Summer Days Pop-Up, Dia de los Muertos event)
 There is a need for expanded bus coverage. (Hot Summer Days Pop-Up) 328
4  There is concern regarding traffic on 3rd St./Orchard Ln. (Hot Summer Days Pop-Up)  There is a request for thirty-minute parking along Front St. in front of businesses. (+ 1, Dia de los Muertos event)
 There is a need to improve the quality of roads and sidewalks (+1), specifically on Andalucia Dr., Walker, and Monterey St. (Dia de los Muertos event)  There is concern regarding an increase in traffic accidents and a request to improve road safety. (Dia de los Muertos event)
 There is concern that traffic moves too fast along San Vicente Rd. (Dia de los Muertos event)  There is a request for a train station near Morsoli Rd, southeast of the city. (Dia de los Muertos event)
 Traffic improvements are needed to improve the freeway ramp at Front St and 101 as it is hard to maneuver for semitrucks. (Dia de los Muertos event)  There is a need for a better connection between the south and north side of the city for bicycles and cars. (Dia de los Muertos event +1, Vision Survey +1)  There is a request for speed bumps at 3rd and Metz as well as at North St. and Orchard Ln. (Dia de los Muertos event)
 There is a need for a better connection between the shopping center in the southern part of the city (Nestles Rd. and Los Coches Rd.) and the neighborhood to the north. (+ 1, Dia de los Muertos event)
 There is a request for police presence and traffic control at San Vicente and Front St. (Dia de los Muertos event)
 There is a request to fix damaged roads to improve safety. (+1, Vision Survey)  There is a need for more traffic signals instead of stop signs. (Vision Survey)  There is a request for a train station with service to the Bay Area. (Vision Survey)  There is a need for alternative arterial roadways other than Main St. to reduce traffic impacts of growth. (Vision Survey)
 Vision Survey: What transit options are important to you? (in order of ranking) o Public transit to and from nearby cities.
o Public transit to Downtown Soledad.
o Transit to healthcare and retail facilities.
o Regional transit service.
o Transit to City events.
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5 4. LAND USE
 There is a need for more shopping centers and stores, including coffee shops, sporting goods stores, clothing and shoe stores, and a pet supplies store. (Hot Summer Days Pop-Up, Vision Survey)
 There is a need for more restaurants and grocery stores, specifically a request for Safeway and an organic supermarket. (Hot Summer Days Pop-Up, Dia de los Muertos event)  Community members would like to see more big-box retailers like Target, Walmart, and/or Costco. (+ 6 for Walmart/Costco specifically) (Hot Summer Days Pop-Up, Dia de los Muertos event). There was a request for Walmart because it has a pharmacy as well. (Vision Survey)  There is a need for a hospital (+5) and more healthcare facilities, specifically a lab, urgent care clinics, dentists, and veterans’ care. Residents say they must travel to Salinas in case of emergency. (Hot Summer Days Pop-Up, Dia de los Muertos, Vision Survey)  Community members would like spaces for indoor physical recreational activities like a gym, gymnastics facility, bowling alley (+2), skating rink, soccer field, and dance studio. (Hot Summer Days Pop-Up, Dia de los Muertos event, Vision Survey)  Community members would like spaces for outdoor physical recreational activities like a water park, mini petting zoo, or go-kart track. (Hot Summer Days Pop-Up)  There is a desire for In-N-Out, a donut shop, or bowling alley in the southern industrial portion of the city. (Dia de los Muertos event)
 There is a need for more places for people to receive services related to food, housing, etc. in town that do not require extensive driving. (Dia de los Muertos event)  There is a need for more event venues. (Dia de los Muertos event)  There is a request for more mixed-use properties (commercial on bottom, residential on top) in the Neighborhood Commercial zoning district. (Dia de los Muertos event)  There is a request for more stores at the neighborhood commercial site at Orchard Ln and Gabilan Dr. (Dia de los Muertos event)
 There is a request for a CSU Monterey Bay satellite campus in South County, particularly one that offers a master’s in social work. This would bring more services to the area if there were more people here with this type of training. +1 (Dia de los Muertos event)  There is a request for a commercial area and shopping center in the west side of town, just east of 101. + 1 (Dia de los Muertos event)
 There is a desire for a more active downtown. + 1 (Dia de los Muertos event)  There is a desire for controlled commercial development with proper traffic flow management. (Vision Survey)
 There is a desire for more national businesses, chain stores, restaurants, and banks. +7 (Vision Survey)
 Community members want a walkable city with more public plazas. (Vision Survey) 330
6 5. JOBS AND ECONOMY
 Have an emphasis on a tourist attraction day trip. (Hot Summer Days Pop-Up)  There is a need for more living-wage/higher-paying jobs and affordable childcare. (Hot Summer Days Pop-Up)
 There is a need for day care for middle-income families as many do not qualify for childcare subsidized for lower-income families. +3 (Dia de los Muertos)  There is a need for more jobs in Soledad. (Hot Summer Days Pop-Up, Vision Survey)  Not bringing tourist attractions, which can raise home prices. (Vision Survey)  More work opportunities and economic growth to encourage people to make and spend their money in Soledad. +2 (Vision Survey)
 There is a need for more local jobs for young residents graduating from local high schools and colleges. (Hot Summer Days Pop-Up, National Night Out)
 There is a request for a local DMV branch. (Dia de los Muertos)  What are the top three priorities you think are most important to bring to economic development to Soledad? (Dia de los Muertos event)
o 20% of responses promote the development of new retail establishments such as clothing stores, restaurants, major grocery stores, office spaces, etc. o 16% of responses support revitalizing Front Street by supporting existing and encouraging new businesses.
o 12% of responses support investing in high quality childcare. o 12% of responses support expanding youth employment opportunities. o 10% of responses support increasing access to government services like DMV and County Court Services.
o 9% of responses support attracting new industries to Soledad that produce jobs. o 7% of responses support increasing access to job training programs and access to higher education.
o 6% of responses support the development of the Shipping Container Village. o 4% of responses support Soledad as a tourist destination and building more touristserving businesses, such as hotels. o 3% of responses supported expanding resources and technical assistance for small business owners.
 Soledad's rich history and cultural heritage is a major economic asset, as well as the city’s proximity to Pinnacles National Park. (Economic Development Focus Groups)  Key potential economic growth sectors include tourism; value-added food and wine businesses building on the City’s existing strength in agriculture (for example, a new wine trail 331
7 and related services); and additional local and regional serving retail and food and beverage uses. (Economic Development Focus Groups)
 Hartnell College is an important opportunity for providing a bridge to local residents seeking a four-year college degree. (Economic Development Focus Groups)  There is a lack of infrastructure (roads, signage, reliable utilities) to support food and wine businesses. (Economic Development Focus Groups)
 Business owners appreciate the Economic Development Department’s ongoing collaboration and assistance for small business owners as represented by monthly “Cafecito” meetings and new grant opportunities. (Economic Development Focus Groups)  Business owners appreciate new and growing local and regional-serving retail centers such as the Marketplace. (Economic Development Focus Groups)
 Business owners expressed concern about retail vacancies and a lack of regional awareness of Soledad’s retail offerings. (Economic Development Focus Groups)  Attracting new retailers and other businesses is a challenge and often based on market and cost constraints which are driven by trends in the broader economy. (Economic Development Focus Groups)
 The limited supply of new and refurbished commercial spaces, including smaller spaces for services, co-working and new types of space needed for local entrepreneurs is a challenge. (Economic Development Focus Groups)
 Current lodging options are limited and the existing two hotels within the city boundaries are often at “full” occupancy. There is a need for new lodging products to accommodate a wider range of recreational visitors. (Economic Development Focus Groups)

6. COMMUNITY LIFE
 Community members would like to see more family and community events, like a kite festival. (Hot Summer Days Pop-Up)
 The City should have special events for the Latino community, such as Day of the Dead. (Hot Summer Days Pop-Up)
 Would like to see more after-school activities. +1 (Hot Summer Days Pop-Up; Dia de los Muertos)
 Would like a farmer’s market with local fruits and vegetables. (Hot Summer Days Pop-Up 7/8)  Native American history museum. (Dia de los Muertos event)  There is a desire for a youth center and/or a Boys and Girls Club, as well as more resources for young people like art and dance classes. (National Night Out)  There is a desire for more schools at all levels (elementary school, high school and middle school). (Dia de los Muertos event, National Night Out, Vision Survey) 332
8  There is a request for improved lighting throughout the community, especially more streetlights along Palm Ave, San Vicente Rd., and Monterey. (Dia de los Muertos event)  Programs to help those dealing with substance-abuse, mental health, family and individual counseling that is affordable or no cost. (Vision Survey)  Youth programs with law-enforcement, elementary through high school, to break down stigmas and create unity and understanding. (Vision Survey)  Youth engagement programs to encourage civic involvement. (Vision Survey)  Events that support small businesses. (Vision Survey)  More police and crime prevention. +1 (Vision Survey)
 More resident involvement in government decisions. There were specific complaints regarding resident power to choose the mayor and corruption in city council). +2 (Vision Survey)
 More social and nightlife options, such as concerts and cinemas. +1(Vision Survey)  More retail and entertainment options for young people, such as a boba shop, clothing stores, an arcade/mini golf business. (Vision Survey)
 A cleaner Front St free of debris and litter. (Vision Survey)  What are the top three ways the City can enhance public safety in Soledad? (Dia de los Muertos event)
o 19% of responses support investing in the Soledad Explorer Program and other youth violence prevention programs.
o 15% of responses support supporting and expanding animal control services. o 14% of responses support investing in adequate street lighting for pedestrian and vehicular travel.
o 13% of responses support expanding domestic violence/social and mental health services.
o 13% of responses support implementing and strengthening traffic calming measures in and around schools.
o 12% of responses support identifying unsafe pedestrian environments and support health and safety revitalization.
o 11% of responses support increasing access to disaster relief/emergency shelters (schools, City Hall, Soledad Community Center, and other public facilities are currently listed).
o 3% of responses support promoting code enforcement/elimination of blight in neighborhoods.
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9 7. PARKS AND RECREATION
 There is a need for additional dog parks. Potential locations for new dog parks are near McDonalds and near the Tesla station. (Hot Summer Days Pop-Up)  There is a need for more parks, playgrounds, and recreation areas for families and children. (Hot Summer Days Pop-Up, National Night Out, Dia de los Muertos event)  There is a desire for more soccer fields, including an indoor soccer field. (Hot Summer Days Pop-Up, Vision Survey)
 There is a need for more shade in parks. (Hot Summer Days Pop-Up; Dia de los Muertos event)
 There is a request to open the pool earlier than 7:00am. (Hot Summer Days Pop-Up)  There is a need for bike lanes through parks. (Hot Summer Days Pop-Up)  There is a request for space to ride off-road bikes. (Hot Summer Days Pop-Up)  There is a request for more lighting at Veteran’s Park. (Dia de los Muertos event)  There is a desire for community gardens and accompanying education opportunities. (National Night Out)
 Community sports for young adults and adults. (Vision Survey)  Activities for seniors. (Vision Survey)
 There is a desire to maintain existing park and recreation facilities and equipment. (Vision Survey)
 There is a desire for grassroots organized community programs for kids and teens. +1 (Vision Survey)

8. OTHER
 There is a need for more public restrooms and waste bins. (Hot Summer Days Pop-Up)  There is a need for more English-as-a-second-language (ESL) classes. (Hot Summer Days PopUp, National Night Out)  There is a need for more social services and code enforcement. (Hot Summer Days Pop-Up)  There is a suggestion for a social services center. (National Night Out). There is also a suggestion for more social services at City Hall (Vision Survey)  There is a need for more security in schools. (Hot Summer Days Pop-Up)  There is a need for improved/faster internet. +1 (Vision Survey)  There is a desire for renewable energy. (Vision Survey) 334
10 Visioning Survey Results
 Which of the following should be the City’s priority for the next five years? (score out of 5 noted in parentheses)
o Expand and encourage community revitalization efforts (2.8) o Work to enhance the economic development environment through business assistance and development (2.6).
o Provide crisis assistance for those suffering from mental health illness, addiction and/or lacking shelter (2.5).
o Expand opportunities for positive police and youth interactions (2.1).  What would you like to see in your neighborhood? (all responses scored between 3 and 5) o Top 3:
 Parks and trails
 Improvements (sidewalks, lighting, street landscape)
 Grocery or convenient stores
o Second three:
 Shade trees
 Healthy food choices
 Increased safety
o Lowest:
 Transit options
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RESOLUTION 2024-04

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOLEDAD

RECOMMENDING THAT THE CITY COUNCIL ACCEPT THE VISION AND GUIDING PRINCIPLES FOR THE 2045 SIEMPRE SOLEDAD GENERAL PLAN UPDATE
WHEREAS, the City of Soledad (City) adopted the General Plan in 2005; and WHEREAS, the General Plan's vision and guiding principles provide a roadmap for the future, highlighting key themes that need to be addressed; and WHEREAS, the guiding principles act as touchstones to ensure that the goals, policies, and implementation programs align with the overarching vision; and WHEREAS, the vision statement reflects what the community values most about the city and their aspirations for the future. Its purpose is to inspire and set the direction for the General Plan's goals, policies, and implementation programs; and WHEREAS, between November 1st, 2023 and February 29, 2024, an extensive community engagement outreach process was conducted to gather feedback on some of the main issues facing the City of Soledad. The process involved various activities such as community events, canvassing, Facebook posts, pop-ups, and interactive surveys; and WHEREAS, Staff has received responses and comments from the General Plan Advisory Committee and the Community and has prepared the Vision and Guiding principles for the 2045 Siempre Soledad General Plan Update.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Soledad that the 2045 Siempre Soledad Vision and Guiding Principles hereby accurately reflects the City’s progress in implementing the 2045 General Plan; and BE IT FURTHER RESOLVED that the Planning Commission of the City of Soledad hereby recommends that the City Council of the City of Soledad receives and accepts the 2045 Siempre Soledad Vision and Guiding Principles as Exhibit “A”.

PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Soledad at a regular meeting duly held on the 14th day of March 2024 by the following vote:

AYES, and in favor thereof Commissioners: Josie Perez-Aguilera, Sergio Diaz, Roberto Cruz, Sandy Fuerte, Lorenzo Sanchez
NOES, Commissioners:

ABSENT, Commissioners:

ABSTAIN, Commissioners:
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ATTEST:

Josie Perez-Aguilera
Chairperson, Planning Commission City of Soledad

KAO NOU YANG
Secretary of Planning Commission
City of Soledad
Josie Perez-Aguilera (Apr 11, 2024 15:43 PDT)
337
Resolution No. 2024-04 The General Plan
Vision and Guiding Principles
Final Audit Report 2024-04-11
"Resolution No. 2024-04 The General Plan Vision and Guiding P rinciples" History
Document created by Andrea Navarrete ([email protected]) 2024-04-11 - 10:18:33 PM GMT
Document emailed to Josie Perez-Aguilera ([email protected]) for signature 2024-04-11 - 10:18:36 PM GMT
Email viewed by Josie Perez-Aguilera ([email protected]) 2024-04-11 - 10:42:27 PM GMT
Signer Josie Perez-Aguilera ([email protected]) entered name at signing as Josie Perez-Aguilera 2024-04-11 - 10:42:59 PM GMT
Document e-signed by Josie Perez-Aguilera ([email protected]) Signature Date: 2024-04-11 - 10:43:01 PM GMT - Time Source: server Agreement completed.
2024-04-11 - 10:43:01 PM GMT
Created:

By:

Status:
2024-04-11
Andrea Navarrete ([email protected])
Signed
Transaction ID: CBJCHBCAABAAzG2Iy76X2Cdpfy_nY0h_SCrk9wx4BOiJ 338
Soledad General Plan 2045
Siempre Soledad
City Council
May 1, 2024
339
Soledad General Plan 2045 May 01, 2024
General Plan Update
 Required by State Law
 Fundamental land use and development policy document
 Shows how the city will grow and conserve resources
 Establishes community vision for the physical form of the city  Identifies important community issues
 Basis for fair and consistent local land use decisions and related policies
what will be
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Soledad General Plan 2045 May 01, 2024
Where Are We Now?
 Existing Conditions Memos and Briefing Book
 Vision and Guiding Principles
 Housing Element (on a separate Statemandated timeline)  Draft Alternatives
 Policy Development
 Draft General Plan document
 Environmental Impact Report (EIR)
 Final General Plan and Adoption
341
Soledad General Plan 2045 May 01, 2024
Round 1: Community Input Ahead of the Vision
 Summer 2023 through Winter 2023
 Community pop-up events
» Hot Summer Days
» National Night Out
» Farmer’s Market
» Resource Fair
 Economic development focus groups
 Dia de los Muertos community event
 Online visioning survey = 166 responses
342
Soledad General Plan 2045 May 01, 2024
Round 2: Community Input on the Vision
 Round two outreach occurred in February 2024
 Community pop-up events
» State of the City
» Las Viviendas Affordable Housing Workshop
 Online visioning survey = 98 responses
 Approximately 90% approval for the Vision
Statement and over 70% approval for each Guiding
Principle.
 Some respondents believe that they do not reflect
on-the-ground conditions. However, the vision is
aspirational and future-oriented.
343
Soledad General Plan 2045 May 01, 2024
GPAC & PC Input on Draft Vision
 GPAC met on February 12th ; PC
met on March 14th
 Made the following changes:
» Add National Park to Pinnacles in the
vision.
» Acknowledge balanced and orderly growth
in the vision.
» Include people with disabilities in the
transportation guiding principle.
» Acknowledge a commitment to intervention
and prevention programs in the safety guiding
principle.
» Acknowledge commitment to diversity, equity,
and inclusion in the equity guiding principle.
» Expand the community places principle to go
beyond Downtown and highlight the City’s goal
to also make other community places vibrant.
» PC: Add the word “safe” in the housing guiding
principle.
» PC: Acknowledge people with disabilities in the
guiding principles, specifically in the
transportation guiding principle.
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Questions?
345
SUBJECT: Consider Proposed Changes to Councilmember Compensation and Provide Direction to Staff
TO: Honorable Mayor Velazquez and City Council
FROM: Megan Hunter, City Manager
MEETING DATE: May 1, 2024

CITY OF SOLEDAD

STAFF REPORT
THROUGH:

AGENDA ITEM NO. 2.

Recommendation
It is recommended that the City Council receive and discuss information concerning the ability to increase council compensation and provide staff with direction for future consideration and action.

Executive Summary
State law regulates compensation for councilmembers. As was previously discussed with the Council, Senate Bill No. 329, adopted in 2023, allows significant increases in council compensation for the first time in almost 40 years. The last adjustment to the Soledad City Council’s compensation was implemented in 2012. After discussing the new law, the Council requested that additional information be brought back detailing a range of potential increases. Staff is seeking direction from the Council on what increase, if any, it would like to see brought forward for future Council consideration and adoption.

Background
State law regulates maximum compensation for councilmembers and when adjustments to compensation become effective. The compensation schedule for general law cities like Soledad has not been adjusted by the legislature since 1984, meaning that city council compensation has not kept pace with inflation. On June 29, 2023, Governor Newsom approved Senate Bill No. 329 (“SB 329”) which amended Government Code Section 36516 so as to increase the maximum amount of councilmember salary that may be approved by an ordinance passed by the city council. According to SB 329’s author, the salary increases authorized by the new law are designed to address recent inflationary increases and economic realities, enable city councilmembers to balance their careers and personal obligations with the calling to serve the community, and provide incentive for members of marginalized communities to provide public service to a city.

Under AB 329, council compensation may be adjusted in several ways, including: 1) On the basis of a city’s population; 2) By an amount equal to 5% for each calendar year from the operative date of the last 346
salary adjustment; or, 3) By an amount equal to inflation, based on the Consumer Price Index commencing in January of 2024, which may not exceed 10% for each calendar year. All increases must be adopted by ordinance, with a first and second reading, and include findings concerning the need for the proposed increase.

Additionally, the Council may also place the issue of Council compensation on the ballot at any municipal election, proposing that the compensation be increased beyond or decreased below the amounts set forth in Gov. Code Section 36516. The voters would then decide whether the proposed salary should be enacted. See Attachment A, copy of SB 329 amending Section 36516 of the Government Code.

Review & Analysis
The current salary for the Soledad City Council was established by resolution in 2012. In recognition of economic downturn at that time, the compensation for the Mayor was temporarily reduced for one year from $612 per month to $551 per month, or $6,612 annually, while the compensation for councilmembers was temporarily reduced for one year from $512 per month to $451 per month, or $5,412 annually. Currently City Council salaries are $612 per month for Mayor or $7,344 annually, and Councilmembers are $512 per month or $6,144 annually. (Note that per Soledad Municipal Code Section 2.28.010 and Government Code Section 36516.1, the mayor receives one hundred dollars per month in addition to his/her salary as a councilmember.) This is an appropriate time to consider salaries given the recent vacancy on the Council and upcoming election of the mayor and two councilmembers. As noted, when the state legislature increased salaries, the change may make it feasible for candidates with less financial resources to consider elected office.

This increase may also help defray expenses related to child and elder care to attend meetings.

Pursuant to the provisions of Government Code Section 36516, the Council’s compensation choices are:

A. Apply the new maximum salary established by SB 329 for cities with a population of 35,000 or less to set the salary for council members in Soledad at $950 per month, or $11,400 annually. The salary for the Mayor would be $1,050 per month or $12,600 annually. This would represent a seventy-eight percent (78%) increase in council compensation.

B. Choose to increase the salary of Councilmembers to an amount below the maximum salary.

Examples of annual and monthly salaries are as follows:
5% increase–Mayor - $7,656, ($638), Councilmember - $6,456, ($538) 10% increase–Mayor - $7,956, ($663), Councilmember – $6,756, ($563) 15% increase–Mayor - $8,268, ($689), Councilmember - $7,068, ($589) 20% increase–Mayor - $8,568, ($714), Councilmember - $7,368, ($614) C. Consider adoption of an ordinance that would increase council compensation by either of the two formulas provided in Government Code Section 36516.

Application of the formula that allows for a 5% annual increase for every year since the last salary adjustment, or 2012, would result in a new annual salary of $11,028, ($919) for the Council, and $12,228, ($1,019) for the Mayor.
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The Council could consider a lesser annual multiplier, with the results being as follows:
4% annually–Mayor - $11,040, ($920), Councilmember - $9,840, ($820) 3% annually–Mayor - $9,960, ($830), Councilmember - $8,760, ($730) 2% annually–Mayor - $8,988, ($749), Councilmember - $7,778, ($649) 1% annually–Mayor - $7,824, ($652), Councilmember - $6,624, ($552) The other method listed for increasing salaries, by using the CPI commencing in January of 2024, capped at a maximum of 10%, would result in a new annual salary of $6,288, ($524) for the Council and $7,488, ($624) for the Mayor.

D. The Council may wish to reference and consider the percentage increase to the City’s employees over the same time period. In December 2013, SEIU received a one-time stipend of 2.5% of salary.

Thereafter SEIU employees received COLA increases of 2.5% in 2015, 2.5% in 2016, 2% in 2017, 2% in 2018, 3% in 2019, 3.5% in 2020, 3.25% in 2021, 3.5% in 2022, and 3.5% in 2023.

Based on this formula, a new annual salary for the Council would be $7,960 annually ($660) and for the Mayor $9,120 ($760).

E. Place a measure before the voters asking them to establish the salaries of the council and mayor.

Said amount could be greater or less than the population-based maximums established in Section 36516.

Staff is seeking direction from the Council on whether they would like to consider a salary increase, and the amount thereof so that an appropriate ordinance can be prepared. Note that while any the Ordinance adopted by the Council would take effect thirty days after adoption, by operation of Government Code Section 36516.5, any change in salary would not take effect until the first pay period after a councilmember commences a new regular term of office, or after the election in November of 2024
Financial Considerations
The financial impact will depend on whether an increase is proposed and in what amount. Current council salaries total $31,920. With the most aggressive statutory increase based on population, total council salaries would be $58,200. This would be an annual increase of $26,280.

Alternatives
Council may provide direction to Staff to prepare an ordinance increasing councilmember compensation for Council consideration.

Council can request that a measure on council compensation be placed before the voters at the next municipal election.

Council can request that this matter be deferred for the time being and brought back at Council request at a future date.

Planning/CEQA
Not Applicable.

Public Notice Requirements
Not required at this time.
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349
SUBJECT: Consideration of Council Rules, Procedures, Protocols, and Decorum and Provide Direction to Staff
TO: Honorable Mayor Velazquez and City Council
FROM: Megan Hunter
MEETING DATE: May 1, 2024

CITY OF SOLEDAD

STAFF REPORT
THROUGH:

AGENDA ITEM NO. 3.

Recommendation
It is recommended that the City Council receive the staff report and provide direction to staff on Council Rules and Procedures and possible revisions or additions to address meeting protocols and decorum.

Executive Summary
At the meeting on April 3, 2024, both the Mayor and Mayor Pro Tem asked that an item be placed on the City Council agenda to discuss ways to improve the efficiency and decorum during meetings. While the City Council has adopted Rules and Procedures, some Councilmembers have questioned their effectiveness and indicated that they should be revisited. Based on this input, the City Manager contracted with a facilitator to conduct a workshop on Good Governance. On August 23, 2023, this workshop was held, and the Council reached a consensus on ways to improve the meetings. Although a consensus was reached, these meeting protocols have never been formerly adopted but were intended to be considered as part of future revisions to the Rules and Procedures. Staff is seeking direction on potential revisions to the Rules and Procedures or adoption of new polices. To aid in the discussion, the City of Temecula’s Protocol Manuel has been included as Attachment 3 and could be a potential model.

Background
Over the last couple of years, the Mayor and Councilmembers have expressed concern over the length and effectiveness of the meetings and at times, the contentiousness on the dais. Although there is a Council Rules and Procedures Subcommittee to discuss these items, it has not met in well over a year.

The current members of the subcommittee are Mayor Velazquez and Mayor Pro Tem Corralejo. At the April 3, 2024, both subcommittee members requested this item be brought to the City Council for discussion.

Although the subcommittee has not met in some time, the City Council as a whole did meet to discuss 350
good governance and talk about meeting protocols on August 23, 2023. The Council did reach consensus on several meeting protocols that have not been adopted or fully implemented. They are included in this report as Attachment 2. There has been discussion on revising the formally adopted Council Rules and Procedures (Attachment 1) to include more specific meeting protocols based on the August 23, 2023 consensus.

Review & Analysis
Over the years, the City has grown significantly and has sought to engage more residents in city governance. This has resulted in more agenda items and more public comment lengthening meetings and sometimes adding to Council divisions. This has been further complicated with the addition of Zoom that allows people to comment remotely. While past Council meetings may have had less business, been more informal, and had less debate, this is not the case today and meetings go on for much longer. Soledad is not alone in having longer and more contentious meetings, exacerbated by hostilities found on social media. For all of these reasons, it is advisable to modernize the Council Rules and Procedures and to set guideposts related to decorum. All Councilmembers agree that healthy debate is good but attacking each other is not productive.

The Council has a good set of Rules and Procedures to start from. These Rules and Procedures were adopted in January 2020 prior to the pandemic. Although these Rules and Procedures need to be revised to reflect some of the changes brought by the pandemic such as televised meetings, they are not very old and reflect many modern-day practices. The Council can consider incorporating Attachment 2, the meeting protocols from August 23rd into the current Rules and Procedures. The City Council could also restructure some of the content and follow examples of other cities. The Council could direct Staff to explore multiple examples and bring back an analysis for further discussion. As an example, Staff attached the City of Temecula’s Protocol Manuel. There are many worthy policy discussions that could be included in Soledad’s current Rules and Procedures such as how to place an item on the agenda.

Finally, the Council Rules and Procedures Subcommittee has not met for well over a year and the Rules and Procedures have not changed since their adoption in 2020. The Council could reconstitute the Subcommittee and direct Staff to coordinate meetings. The subcommittee then could recommend revisions and/or additions for the City Council to consider at a later date.

Financial Considerations
Unless the City Council recommends hiring a facilitator to support this effort, the only costs would be staff time and City Attorney expenses. If the direction is clear, it will help reduce City Attorney expenditures.

Alternatives
Staff is merely seeking direction on this item.

Planning/CEQA
This action is not considered a project under CEQA.

Public Notice Requirements
Not required.
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Attachment 1. City Council Rules Policies and Procedures Attachment 2 - Council Consensus on Meeting Protocols, Goal Setting, and Next Steps - August 23, 2023
Attachment 3 - Temecula 2024 Protocol Manual
Attachment(s):
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Attachment 1
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
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A? achment 2
Council Consensus on Mee? ng Protocols, Goal Se? ng, and Next Steps August 26, 2023

1. Proclama?ons/Cer?ficates of Apprecia?on
a. Every December, staff will create a calendar (based on calendar year) of proclama?ons for Council considera?on. Councilmembers can suggest addi?ons to this calendar and request the opportunity to introduce a par?cular proclama?on. b. Only 1 person per group will be allowed to speak and be limited to 2 minutes. c. Limit this agenda item to 20 minutes and schedule during the 2nd mee?ng of the month.

2. Presenta?ons
a. Limit to no more than 3 per mee?ng.
b. Councilmembers will limit ques?ons and comments to just once during the mee?ng, recognizing the need to spend more ?me on items requiring Council ac?on. c. Mayor will follow the same order established for mee?ngs, either star?ng with Councilmembers on the le? or right and ending with the Mayor. d. Staff will let presenters know that presenta?ons should be limited to 7-10 slides and 7 minutes.

3. Staff Reports
a. Staff presenta?ons will be limited to 7-10 slides and 7 minutes. b. PowerPoint presenta?ons will be included in the agenda packets. c. Lengthy staff reports and materials (i.e., the budget and Environmental Impact Reports) will be provided earlier – at least one week before the mee?ng.

4. Public Comment
a. Speaker cards will be required when there is more than a couple of speakers (1-3). b. Mayor will con?nue to request addresses from speakers but will note that it is not mandatory.
c. Mayor will remind the public to show respect and refrain from personal a? acks. d. Mayor will consider limi?ng public comment ?me to 2 minutes per person when there are a lot of speakers. (Speaker cards will assist in making this determina?on.) e. Mayor will encourage speakers not to be repe??ve and may suggest people show support/disapproval by standing up instead of speaking. (City A? orney indicated that we cannot prevent anyone from speaking who wants to make a comment.)

5. Council Reports/Council Praises
a. Verbal reports will be limited to 2 minutes per person. b. Mayor/Councilmembers are encouraged to focus verbal reports on the commi? ees or boards they are assigned to as a member of Council.
c. Mayor/Councilmembers are encouraged to provide wri? en reports that can be a? ached to the agenda or provided at the mee?ng and incorporated into the minutes.
376
A? achment 2

6. Order of Mee? ngs
a. Mayor will call on every Councilmember star?ng from one side of the dais (le? or right) and concluding with her comments.
b. Mayor will alternate the order le? or right with each new discussion item. c. Mayor/Councilmembers will not comment a? er someone speaks un?l it is his/her turn.
d. Everyone will have the opportunity to speak once before given a 2nd turn. e. When called upon it is okay to ask to be passed ini?ally. Mayor will return to Councilmember before beginning her turn to comment.
f. A? er everyone has asked ques?ons/commented, the Mayor will ask if any member has any final comments following the same order.
g. Upon conclusion of the discussion, the Mayor will entertain a mo?on. h. At any ?me, the Councilmembers do not have to comment when called upon. i. Mayor will generally keep track of everyone’s ?me including her own to ensure each Councilmember has equitable ?me to speak should she/he chose to do so. j. Mayor/Councilmembers will be responsible for regula?ng her/his own ?me and tone ensuring to show respect even when disagreeing.

7. Sea?ng on the Dais
a. The City Manager and City A? orney will sit on either side of the Mayor to allow for discreet guidance.
b. The City Manager will work with the Mayor and Councilmembers to reconfigure the dais to improve the ability to see each other and communicate. The City Manager will also explore interim op?ons.

Next Steps
 New Rules, Policies and Procedures Subcommi? ee
o Mayor Velazquez and Councilmember Corralejo will serve on the subcommi? ee. o Ensure that the changes related to the Mayor Pro-Tem are incorporated in the dra? .
o Review other ci?es rules, policies, and procedures. Iden?fy best prac?ces; consider incorpora?ng some content from Los Altos.
o Incorporate similar guidance as Los Altos on electronic devices. o Consider incorpora?ng a simplified version of Rosenberg’s Rules of Order or more defined structure for conduct of mee?ngs.
o Return to City Council for considera?on by December 2023.  Strategic Planning/Goal Se? ng Session (Everyone agreed this is a priority!) o Schedule a 3-to-4-hour session, ideally in October.
o Hire a professional facilitator to conduct the session, but ensure that the facilitator focuses on tangible, measurable goals and objec?ves. 377
A? achment 2
o Review/revise exis?ng goals, which provide a good framework but encourage new ideas especially from Councilmembers that did not par?cipate in the current goals.
o Ensure that new goals include objec?ves, are priori?zed, and include a ?meline (i.e., short-term).
o Encourage Councilmembers to conduct some individual pre-work to make the session as produc?ve and efficient as possible.

Other Discussion Points
 Although everyone agreed to observe rules of decorum, it was noted that the exis?ng Rules, Policies and Procedures allow a Councilmember to call for a “Point of Personal Privilege” if offended. City A? orney expressed hope that this will not be necessary if rules of decorum are followed.
 City A? orney explained that you can request an address but cannot require it. Most jurisdic?ons s?ll request this informa?on.
 City A? orney clarified that under the law it is hard to limit a speaker from being cri?cal of a Councilmember unless clearly abusive, threatening, profane, etc. There is more recourse when public comment is cri?cal of staff.
 Mayor iden?fied the exis?ng language in the Rules, Policies, and Procedures regarding public comment and stated that she would enforce the rules and provide reminders to the public.
 City Manager suggested that the Mayor/Councilmembers refrain from using the name of another Councilmember during discussion and instead focus on the item. Even if it is not meant to be personal, it can be perceived that way.
378
379

TABLE OF CONTENTS
Policy No. 1 ....................................................................................................... General Law City Policy No. 2 ...................................................................... Council-Manager Form of Government Policy No. 3 ................................................ Role of Mayor, Mayor Pro Tempore, and City Council Policy No. 4 ........................................................................................................ Code of Conduct Policy No. 5 ............................................................................. Rules of Order for Public Meetings Policy No. 6 ................................................................................. Public Participation at Meetings Policy No. 7 .................................................................. Agenda Placements by Council Members Policy No. 8 .................................................................... Requests for Information and Staff Time Policy No. 9 ................................................................................................... Public Recognitions Policy No. 10 .............................................................................. Use of City Letterhead and Seal Policy No. 11 ................................................................ Complimentary Ticket Use and Reporting Policy No. 12 ............... Use of Systems, Electronic Communications and Technology Resources Policy No. 13 .......................................................................................... State Mandated Training Policy No. 14 ........................................................................................... Conflict of Interest Laws Policy No. 15 ..........................................................................................................Code of Ethics Policy No. 16 ................................................................................ Compensation and/or Stipends Policy No. 17 ............................................................. Elected Official Travel and Reimbursement Policy No. 18 ........................................................ Appointment to Internal / External Committees Appendix
...................................................................................... Summary of Ralph M. Brown Act Laws ..............................................................................................Summary of Public Records Laws ....................................................................................... Summary of Conflicts of Interest Laws 380
POLICY NO. 1

GENERAL LAW CITY
381

CITY OF TEMECULA

CITY COUNCIL POLICY
Title:

Policy No.

Approved:

Revised:

PURPOSE:

The purpose of this City Council policy is to reaffirm adherence to and acknowledgment of the City of Temecula as a general law city and include said policy in the City Council Protocol Manual.

POLICY:

The policy of the City Council with respect to the subject matter listed in the above-referenced title is as follows:

Adherence to and Acknowledgment of the City of Temecula as a General Law City Local government agencies are established through the California Government Code and Article XI of the California Constitution. Local government agencies include counties, cities, special districts, and other regional bodies. The City of Temecula is a local government agency pursuant to these laws and incorporated as such on December 1, 1989. Cities provide essential and general services and programs for their residents such as health and safety and parks and recreation.

Article XI, § 3 of the Constitution of California specifically provides for the creation of city government.

As of the date of adoption of this policy, there are 482 incorporated cities in the State of California.

Government Code §34100 et seq. sets forth the two types of cities - general law and charter. General law cities, the most common form, are governed by the California Government Code and other statutes.

Charter cities, consisting of approximately one-quarter of the cities in California, are governed by their adopted charter. Matters deemed to be of “statewide concern” by the State of California, may be governed by statute irrespective of general law or charter designation.

The City of Temecula is a general law city existing and operating pursuant to the laws set forth in the California Constitution, California Government Code, and other relevant statutes. 382
POLICY NO. 2

COUNCIL-MANAGER

FORM OF GOVERNMENT
383

CITY OF TEMECULA

CITY COUNCIL POLICY
Title:

Policy No.

Approved:

Revised:

PURPOSE:

The purpose of this City Council policy is to reaffirm that the City of Temecula operates as a councilmanager form of government and include said policy in the City Council Protocol Manual.

POLICY:

The policy of the City Council with respect to the subject matter listed in the above-referenced title is as follows:

Operation as a Council-Manager Form of Government
The council-manager form of government is the most common type of governance structure amongst cities in the United States. Under this form of government, residents elect a governing body (city council) to adopt legislation and set policy. The governing body then hires a manager or administrator with broad executive authority to carry out those policies and oversee the local government’s day-to-day operations.

This structure is similar to that of a corporation in the private sector whereby a board of directors sets forth policy and a chief executive officer implements such policy.

The council-manager form of government recognizes the critical role of elected officials as policy makers, who focus on mapping out a collective vision for the community and establishing the policies that govern it. The form also recognizes the need for a highly-qualified individual who is devoted exclusively to the delivery of services to residents. Under the council-manager form, there is a clear distinction between the administrative role of the manager and the political and policy roles of the governing body. The operations of the local government organization reside with the appointed manager, allowing elected officials to devote their time and energy to policy development and the assessment of the effectiveness of those policies within the community.

Government Code Section §34851 et seq. sets forth the process by which a council-manager form of government may be established in California. Temecula Municipal Code § 2.12 et. seq., adopted pursuant to the aforementioned code section, sets forth the specific duties, powers, and responsibilities of a city manager in relation to their service to the City of Temecula.

The municipal structure of the City of Temecula is a council-manager form of government operating pursuant to the laws set forth in the California Government Code and Temecula Municipal Code. 384
POLICY NO. 3

ROLE OF MAYOR, MAYOR PRO

TEMPORE AND CITY COUNCIL
385

CITY OF TEMECULA

CITY COUNCIL POLICY
Title:

Policy No.

Approved:

Revised:

PURPOSE:

The purpose of this City Council policy is to reaffirm the role of the Mayor, Mayor Pro Tempore and City Council and include said policy in the City Council Protocol Manual.

POLICY:

The policy of the City Council with respect to the subject matter listed in the above-referenced title is as follows:

Role of Mayor, Mayor Pro Tempore and City Council
The City of Temecula is a general law city, operating as a council-manager form of government, with a five-member, non-partisan legislative body. The legislative body is referred to as the city council. Each council member is directly elected by the registered voters of their district. The positions of mayor and mayor pro tempore are ceremonial in nature and not directly elected. The city council selects the mayor and mayor pro tempore amongst themselves and the positions typically serve a calendar year.

The mayor is the public face of the community who presides at meetings, facilitates communication and understanding between elected and appointed officials and the public, and assists the legislative body in setting goals and advocating policy decisions. The mayor facilitates discussion and decision-making on important topics. The mayor pro tempore assists the mayor in fulfilling their role and presides in the absence of the mayor as needed.

The primary role of the city council is to engage with the community to determine needs and in response provide policy direction to ensure a high quality of life for all. The city council exercises its authority and sets policy through an ordinance, resolution, or minute order capturing its collective action on a variety of topics such as health and safety, fiscal stability, and growth and sustainability. The city council also adopts the annual budget, appoints members to its advisory boards and commissions, and manages the positions of the city manager and city attorney. All other employees in the City of Temecula remain the management responsibility of the city manager and department directors appointed by the city manager.

General day-to-day operations remain under the purview of the city manager appointed by the city council.

The above reaffirms the role of the mayor, mayor pro tempore, and city council in the City of Temecula, a general law city with a council-manager form of government. 386
POLICY NO. 4

CODE OF CONDUCT
387

CITY OF TEMECULA

CITY COUNCIL POLICY
Title: Code of Conduct
Policy No. 4
Approved: September 28, 2021
Revised: N/A
PURPOSE:

The purpose of this City Council policy is to provide for considerate and thoughtful civil discourse through which respectful dialogue can occur in the best interest of the community.

POLICY:

The policy of the City Council with respect to the matter listed in the above-referenced title is as follows:

1. Elected and Appointed Officials’ Conduct with One Another Elected officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Notwithstanding this diversity, all have chosen to serve in public office in order to preserve and protect the high quality of life of the community. Even in the face of adversity and differences of opinion, this common goal is acknowledged and remains at the forefront. 1(a). In Public Meetings
Formal titles and professional appearance
Elected officials will refer to one another formally during public meetings, such as Mayor, Mayor Pro Tempore, Chair, or Council Member followed by the individual’s last name. Council Members shall present a professional appearance in all public meetings.

Civility and decorum in discussions and debate
Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. While public officials have a right to state their opinions, public officials should set an example and refrain from personal, slanderous, threatening, abusive, or other disparaging comments. Shouting or physical actions that could be construed as threatening will not be tolerated.

Role of Mayor in maintaining order
It is the responsibility of the Mayor to keep the comments of members on track during public meetings.

Members should honor efforts by focusing discussion on current agenda items. If there is disagreement about the agenda or the Mayor’s actions, those objections should be voiced politely and with reason, following procedures outlined in the City Council Rules of Order. 388
Effective problem-solving approaches
Members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. Outside of official meetings, individual members represent themselves and not the City as a whole unless specifically authorized to do so by law or City Council policy. In private settings, members may communicate their individual viewpoints and opinions unless otherwise prohibited by law. In public, all members should strive to represent the official policies or positions of the City and City Council, although both the majority and minority viewpoint reflected in discussion may be shared or reported on. 1(b). In Private Encounters
Respectful behavior in private
The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations.

Insecurity of written notes, voicemail messages, and e-mail Technology allows words written or said without much forethought to be distributed wide and far.

Written notes, voicemail messages and e-mail should be treated as potentially "public" communication.

Private conversations with a public presence
Elected officials are always on display and should be aware that their actions, mannerisms, and language are monitored by people around them that they may not know and may be shared with others unbeknownst to them.

2. Elected and Appointed Officials’ Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected officials, and staff who implement and administer City Council direction and policy. Every effort should be made to show mutual respect for the contributions made by all for the betterment of the community.

Staff as professionals
The general expectation for all is clear and honest communication respecting the abilities, experience, and dignity of each individual. Contrary behavior towards staff is not acceptable.

Public criticism of employees
Elected officials should refrain from expressing concerns about individual employee conduct or performance in public, to the employee directly, or to the employee’s manager. Such comments should be shared with the City Manager directly through private correspondence or conversation.

Involvement in administrative functions
In accordance with Section 2.12.080 of the Temecula Municipal Code, elected officials should not attempt to influence staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, granting of City licenses and permits, or any other administrative functions or operations of the City that fall within the purview of the City Manager. 389
Requests for staff support
Routine administrative support is provided to all Council Members. The Executive Assistant or others designated in the City Manager’s Office, open and distribute mail, manage calendars and scheduling of meetings, and perform other similar administrative tasks for the City Council. Requests for additional staff support should be made to the City Manager directly to ensure proper allocation of resources.

Solicitation of political support
Elected officials shall not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace without utilizing any City equipment and/or resources.

3. Elected and Appointed Officials’ Conduct with the Public 3(a). In Public Meetings
Making the public feel welcome is an important part of the democratic process. Every effort should be made to be fair and impartial in listening to public testimony. While questions of clarification may be asked, the elected official’s primary role during public testimony is to actively listen.

Maintain an open mind
Members of the public deserve an opportunity to influence the thinking of elected officials. To express an opinion prior to the close of debate or a public hearing casts doubt on the ability to obtain a fair review of the issue. This is particularly important when officials are serving in a quasi-judicial capacity and in these cases Council Members shall not express an opinion on the matter prior to the completion of the public hearing or receive evidence on the matter outside of the public hearing.

Asking for clarification and avoiding debate
Only the Mayor can interrupt a speaker during a presentation. However, a Council Member can ask the Mayor for a point of order if the speaker is off the topic or exhibiting disruptive behavior. It is the responsibility of the Mayor to remain calm at all times, keep the speaker focused, and maintain the order and decorum of the meeting. The Mayor and all members of the City Council should follow the City Council Rules of Order in conducting public meetings and the City Attorney is present to make any final rulings on meeting procedures if needed.
3(b). In Unofficial Settings
Members will frequently be asked to explain a Council action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or implicitly promise Council or board/commission action, or to promise City staff will do something specific (fix a pothole, remove a library book, plant new flowers in the median, etc.). It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other members, their opinions and actions. Members shall refrain from expressing any opinions related to quasi-judicial land use matters in all unofficial settings as such discussions must occur in public meetings for the official record. Unofficial settings include internet and social media platforms (i.e., Facebook, Twitter, blogs, etc.) 390

4. Enforcement
The Code of Conduct expresses standards of conduct expected for members of the Temecula City Council.

Members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of local government.

Members who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Council, lose committee assignments, or have other official representation on behalf of the City restricted. Serious infractions of the Code of Conduct could lead to other sanctions as deemed appropriate by the Council.
391
POLICY NO. 5

RULES OF ORDER FOR

PUBLIC MEETINGS
392

CITY OF TEMECULA

CITY COUNCIL POLICY
Title: Rules of Order for Public Meetings
Policy No. 5
Approved: September 28, 2021
Revised: N/A
PURPOSE:

The purpose of this City Council policy is to ensure that the business of the people that is conducted at a public meeting is done so in a clear, concise and orderly manner.

POLICY:

The policy of the City Council with respect to the subject matter listed in the above-referenced title is as follows:

Obtaining the Floor. Any Council Member wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor must recognize any Council Member who seeks the floor when that Council Member is appropriately entitled to do so.

Council Discussion. Following the staff report and public comments on an item, the Council may discuss the matter before a motion is made.

Motions. The Mayor or any member of the Council may call for action on any matter before the Council by making a motion. Before the motion can be considered or debated it must be seconded. Once the motion has been properly made and seconded, the Mayor shall open the matter for debate offering the first opportunity to debate to the moving party and, thereafter, to any Council Member properly recognized by the Mayor. Once the motion has been fully debated and the Mayor calls for a vote, no further debate will be allowed. However, Council Members may be allowed to explain their vote.

Council Questions Only During Staff Report or Public Comment. Council participation during the presentation of public testimony or staff reports shall be limited to questions asked at the conclusion of the testimony. No general discussion should be permitted until the testimony has been completed.

Council discussion not relevant to the agenda item should be reserved for the City Council Reports portion of the agenda.

Voting. If the vote is a voice vote, the Mayor shall declare the result and note for the record all yes votes and all no votes. The Council may also vote by roll call or electronically. Regardless of the manner of voting, the results reflecting all yes and no votes and the Council Members who cast them must be clearly set forth in the minutes of the meeting. No secret ballots are allowed. To be adopted, a motion requires the yes vote of a majority of the quorum present, unless the vote of three Council Members is required 393
by statute, ordinance, or resolution. If a member is disqualified from voting, the member shall not participate in the consideration of the matter and shall not be counted for the purpose of the quorum.

In addition, as required by the Fair Political Practices Act and regulations the member shall leave the dais and the Council chamber during the consideration of the matter, except for matters on the Consent Calendar. If, however, the matter is being considered on the Consent Calendar and has not been removed from the Consent Calendar, the Council Member may remain on the dais and disclose the reason for disqualification. A disqualified Council Member may speak on the matter as a private citizen, but only to the limited extent allowed by the Section 18702.5 of the Regulations of the Fair Political Practices Commission, or its successor sections. A tie vote means no action has been taken on the motion.

Procedural Rules of Order. Once the main motion is properly placed on the floor, several related motions may be employed in addressing the main motion, and if properly made and seconded, must be disposed of before the main motion can be acted upon. The following motions are appropriate and may be made by the Mayor or any Council Member at any appropriate time during the discussion of the main motion.

They are listed in order of precedence. The first three subsidiary motions are not debatable; the last three are debatable.

Subsidiary Motions.

Lay on the Table. Any Council Member may move to lay the matter under discussion on the table. This motion temporarily suspends any further discussion of the pending motion without setting a time certain to resume debate. To bring the matter back before the Council, a motion must be adopted that the matter be taken from the table. A motion to take from the table must be made at the same meeting at which it was placed on the table or at the next meeting of the Council. Otherwise the motion that was tabled dies, although it can be raised later as a new motion. A motion to lay on the table is not debatable.

Move Previous Question. Any Council Member may move to immediately bring the question being debated by the Council to a vote, suspending any further debate. The motion must be made and seconded without interrupting one who already has the floor. A majority vote of the quorum present is required for passage. A motion to move previous question is not debatable.

Limit or Extend Limits of Debate. Any Council Member may vote to put limits on the length of debate.

The motion must be made and seconded and requires a majority vote of the quorum present to pass. A motion to limit or extend limits of debate is not debatable.

Postpone to a Time Certain. Any Council Member may move to postpone debate and action on a motion to a date and time certain. A motion to postpone to a time certain is debatable.

Commit or Refer. Any Council Member may move that the matter being discussed should be referred to staff, a committee, or a commission for further study. The motion may contain directions for the staff, committee, or commission, as well as a date upon which the matter will be returned to the Council’s Agenda. If no date is set for returning the item to the Council Agenda, any Council Member may move, at any time, to require that the item be returned to the Agenda. A motion to commit or refer is debatable.

Amend. Any Council Member may amend the main motion or any amendment made to the main motion.

Before the main motion may be acted upon, all amendments and amendments to the amendments must first be acted upon. An amendment must be related to the main motion or amendment to which it is 394
directed. Any amendment that substitutes a new motion rather than amending the existing motion is out of order and may be so declared by the Mayor. A motion to amend is debatable.

Motions of Privilege, Order, and Convenience. The following actions by the Council are to ensure orderly conduct of meetings and are for the convenience of the Mayor and Council Members. These motions take precedence over any pending main or subsidiary motion and may be debated except as noted.

Call for Orders of the Day. Any Council Member may demand that the agenda be followed in the order stated therein. No second is required, and the Mayor must comply unless the Council, by majority vote, sets aside the agenda order of the day.

Request for Privilege. Any Council Member, at any time during the meeting, may make a request of the Mayor to accommodate the personal needs of the Council for such things as reducing noise, adjusting room temperature, ventilation, etc. The validity of the request is ruled on by the Mayor.

Recess. Any Council Member may move for a recess. No second is required, and the Mayor must comply unless the Council, by majority vote, sets aside the motion.

Adjourn. Any Council Member may move to adjourn at any time, even if there is business pending. The motion must be seconded, and a majority vote is required for passage. A motion to adjourn is not debatable.

Point of Order. Any Council Member may require the Mayor to enforce the rules of the Council by raising a point of order. The point of order shall be ruled upon by the Mayor.

Appeal. Should any Council Member be dissatisfied with a ruling from the Mayor, he or she may move to appeal the ruling to the full Council. The motion to appeal requires a second, and the ruling of the Mayor may be overturned by a majority vote of the members present.

Suspend the Rules. Any Council Member may move to suspend the rules if necessary to accomplish a matter that would otherwise violate the rules. The motion requires a second, and a majority vote is required for passage.

Division of Question. Any Council Member may move to divide the subject matter of a motion which is made up of several parts so that Council Members can vote separately on each part. This motion may also be applied to complex ordinances or resolutions.

Reconsider. Except for votes regarding matters that are quasi-judicial in nature or matters that require a noticed Public Hearing, the Council may reconsider any vote taken at the same meeting, but no later than the same or next regular meeting, to correct inadvertent or precipitant errors or to consider new information not available at the time of the vote.

The motion to reconsider must be made by a Council Member who voted on the prevailing side, must be seconded, and requires a majority vote of the quorum for passage, regardless of the vote required to adopt the motion being reconsidered. If the matter is to be reconsidered at the next regular meeting, a Council Member on the prevailing side must ask the City Clerk to place the matter on the agenda or 395
otherwise comply with the Government Code. If the matter to reconsider is successful, the matter to be reconsidered takes no special precedence over other pending matters and any special voting requirements related thereto still apply. Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again at the same meeting.

Rescind, Repeal, or Annul. The Council may rescind, repeal, or annul any prior action taken with reference to any legislative matter so long as the action to rescind, repeal, or annul complies with all the rules applicable to the initial adoption, including any special voting or notice requirements or unless otherwise specified by law.

Council Authority. The Council shall have the authority to waive provisions of the procedures established by this Resolution unless the procedure is required. Failure of the Council to follow the procedures established by this Resolution shall not invalidate or otherwise affect any action of the Council. 396
POLICY NO. 6

PUBLIC PARTICIPATION

AT MEETINGS

397

CITY OF TEMECULA

CITY COUNCIL POLICY
Title: Public Participation at Meetings
Policy No.: 6
Approved: September 28, 2021
Revised:

PURPOSE:

The purpose of this City Council policy is to ensure that the community can formally address their local representatives in a public meeting regarding matters that relate to Council business or citizen concerns within the subject matter jurisdiction of the City Council.

POLICY:

The policy of the City Council with respect to the subject matter listed in the above-referenced title is as follows:

PUBLIC PARTICIPATION IN COUNCIL MEETINGS
Audience Decorum. Members of the audience have the right to express their views about items on the agenda or issues within the jurisdiction of the City subject to the time, place and manner rules described in this Policy. Actions expressing the views of members of the public, such as clapping, whistling; stomping; sign waving are permitted as free speech so long as the actions do not disturb, disrupt, or otherwise impede the orderly conduct of the meeting. The Council expects persons speaking at City Council meetings to do so in a civil manner that promotes the free exchange of ideas and encourages public participation.

Request to Speak Form. Members of the public may address the City Council during Public Comments and before consideration of any agenda item; however, no person shall address the Council without first being recognized by the Mayor. Any person wishing to speak, whether during Public Comments, Consent Calendar, or on an agenda item, shall first complete a Public Comment or Request to Speak form and submit this form to the City Clerk or Deputy City Clerk before the Mayor calls for Public Comments or calls the particular agenda item. A speaker is not required to list his or her name and address, but doing so does helps the Council and staff to provide follow-up information to the speaker if needed. Speakers shall be called in the order their Request to Speak form is received by the City Clerk or Deputy City Clerk.

Speak Only Once. Second opportunities for the public to speak on the same issue will not be permitted unless mandated by state or local law.

Addressing the Council. Comment and testimony shall be directed to the Council through the Mayor.

Dialogue between and inquiries from citizens at the podium and individual Council Members, members 398
of staff, or the seated audience is not permitted. Council Members seeking to clarify testimony or gain additional information should direct their questions through the Mayor.

Public Comments to City Council
Non-Agenda Items and Consent Calendar. The public has right to comment on matters within the jurisdiction of the City that are not listed on the agenda as provided in this Policy. The agenda shall provide for such public comments. Public Comments will be heard at the meeting in the manner noted on the agenda. A maximum of thirty (30) minutes shall be allowed for such public comments. A member of the public who wishes to speak under Public Comments may fill out a Public Comment Request to Speak form and submit it to the City Clerk or Deputy City Clerk before the Mayor calls for Public Comments. Persons may speak under Public Comments for three (3) minutes. Deferral of one speaker’s time to another is not permitted.

State law prohibits the City Council from taking action on any item not listed on the agenda unless the Council makes a determination that an emergency exists or that the need to take immediate action on the item arose subsequent to the final posting of the agenda. Council Members or staff members may provide brief response to comments, ask brief questions of the speaker, refer the speaker to staff or another agency, or request that the matter be placed on an agenda in a manner that is consistent with the City Council policy for the placement of items on a future agenda. Council Member or staff responses shall not exceed three (3) minutes each.

Consent Calendar Items. Members of the public who wish to speak on a Consent Calendar item will be allowed to speak for a maximum period of 30 minutes prior to the consideration of the Consent Calendar.

Persons may speak on Consent Calendar items for three (3) minutes each. Deferral of one speaker’s time to another is not permitted.

Agenda Items. The public has a right to comment on agenda items. A member of the public who wishes to speak on an agenda item may fill out a Request to Speak form and submit it to the City Clerk or Deputy City Clerk before the Mayor calls the agenda item. Subject to the special provisions discussed below for Public Hearings, persons may speak about an agenda item for a maximum of five (5) minutes. Deferral of one speaker’s time to another is not permitted. In the event there is a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak on the item.

Disruptive Behavior Prohibited at Council Meetings. The Council expects persons speaking at the City Council meeting to do so in a civil manner that promotes the free exchange of ideas and encourages public participation. Any person who engages in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting shall, upon an order by the Mayor, or the presiding officer, or a majority of the City Council, be barred from further audience before the City Council during that meeting.

Examples of disruptive behavior. Examples of behavior that can actually disrupt, disturb, or otherwise impede the orderly conduct of a City Council meeting include, but are not limited to, the following:
(1) Speaking without being recognized by the Mayor or the presiding officer. 399
(2) Continuing to speak after the allotted time has expired. (3) Speaking on an item at a time not designated for discussion by the public of that item.
(4) Throwing objects.
(5) Speaking on an issue that is not within the jurisdiction of the City Council. (6) Speaking to the audience rather than to the City Council. (7) Interrupting a person who is speaking to the City Council during such person's allotted time.
(8) Preventing a person from speaking to the City Council during such time as is allocated for comments from the public.
(9) Wearing of a mask, costume, disguise or other regalia or paraphernalia that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting.
(10) Uttering loud, threatening, or abusive language that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting. (11) Clapping, whistling, stomping feet, and sign waving that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting.

Enforcement. The rules of conduct for City Council meetings set forth in this section shall be enforced in the following manner:
(1) Warning to desist. Whenever practicable, the Mayor, or the presiding officer, or a majority of the City Council shall give a warning to a person whose behavior is actually disrupting, disturbing or otherwise impeding the orderly conduct of a City Council meeting. The warning shall identify the disruptive behavior and the manner in which the person must comply. A warning shall not be necessary when it would not be effective due to extraordinary circumstances. Examples of extraordinary circumstances in which no warning is required include situations in which a warning would be difficult to hear over the noise of the disturbance; situations involving an immediate threat to public safety such as the throwing of objects or the display of a weapon; and situations involving a person who has been warned about the same type of disruptive behavior at a City Council meeting held within the prior thirty (30) calendar days.
(2) Recess. If, after receiving a request from the Mayor, the person persists in violating the rules, the Mayor may order a recess. Any representative of law enforcement who is present at the meeting when the violation occurs shall be authorized to warn the person that his or her conduct is violating the rules and that he or she is requested to cease such conduct.
(3) Order barring person from meeting. The Mayor, or the presiding officer, or a majority of the City Council may issue an order barring a person from the remainder of a City Council meeting if such person was warned at that City 400
Council meeting about disruptive behavior and such person again engages in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of the meeting. Additionally, the Mayor, or the presiding officer, or a majority of the City Council may issue an order barring a person from the remainder of a City Council meeting without a warning if there are extraordinary circumstances and the person engages in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of the meeting. (4) Removal. If a person barred from the remainder of a City Council meeting does not voluntarily exit the Council chambers, the Mayor, or the presiding officer, or a City Council majority may direct the Sergeant-at-arms to remove that person from the Council chambers and exclude that person for the remainder of that meeting.
(5) Clearing the Room. Pursuant to Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or groups of persons so as to disrupt, disturb or otherwise impede the orderly conduct of such meeting and order cannot be restored by the removal of the individuals who are willfully interrupting the meeting, City Council may order that the meeting room may be ordered cleared and the meeting shall continue in session. The motion to clear the room shall be by a vote not less than three members of the City Council in favor. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to Government Code Section 54957.9. (6) Violation of the California Penal Code. A person or persons who substantially impairs the conduct of a City Council meeting by knowingly and intentionally violating these rules of decorum may be prosecuted under Penal Code Section 403 for disturbing a public meeting. Every person who violates Penal Code Section 403 is guilty of a misdemeanor.

Unlawful behavior. The following conduct shall be unlawful:
(1) Engaging in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a City Council meeting after receiving a warning at that meeting from the Mayor, or the presiding officer, or a City Council Member. (2) Refusing to leave the Council chambers after being barred for the remainder of a City Council meeting by the Mayor, or the presiding officer, or a City Council majority.
(3) Returning to the Council chambers before the conclusion of a City Council meeting after being barred for the remainder of that meeting by the Mayor, or the presiding officer, or a City Council majority.

Sergeant-at-arms. The Sheriff, or such members of the Sheriff’s Department as he or she may designate, shall attend each Council meeting and shall be Sergeant-at-arms of the City Council unless otherwise directed by the City Manager. The Sergeant-at-arms shall 401
carry out all lawful orders given by the Mayor, or the presiding officer, or a majority of the City Council for the purpose of maintaining order at City Council meetings. The Sergeant-at-arms shall have the authority and power to enforce the orders of the Mayor, or the presiding officer, or a majority of the City Council relating to the order and conduct of City Council meetings. Any Council Member may move to require the Mayor, or presiding officer, to enforce the rules of conduct and a majority vote of the Council shall require him or her to do so.

Motion to Enforce. If the Mayor fails to enforce the rules of decorum set forth herein, any Council Member may move to require the Mayor to do so, and an affirmative vote of three members of the Council shall require the Mayor to do so. If the Mayor fails to carry out the will of the majority of the Council in this matter, the Council by an affirmative vote of three Council Members may designate another Council Member to act as Mayor for the limited purpose of enforcing the rules of decorum established herein for that meeting.

PUBLIC HEARINGS
Process and Procedures. The City Council conducts Public Hearings on applications, projects, and other matters as required to provide due process of law. The following outlines the process under which Public Hearings will be conducted. Staff will review the application/project/matter, will prepare a staff report, and may make a recommendation or propose alternatives to the City Council prior to the Public Hearing.

A notice of the Public Hearing shall be posted, published, and mailed as required by law and the Temecula Municipal Code. The members of the City Council will receive the staff report for the application/project/matter in the agenda packet prior to the meeting. This provides the Council with an opportunity to study the staff report, which will become part of the hearing record, and to become familiar with the project prior to the Public Hearing. When the Public Hearing is called, staff shall summarize the application/project/matter as contained in the staff report or request a continuance to a future meeting. The City Council may ask questions for clarification. Once the Public Hearing is opened, the applicant/property owner and the appellant is entitled to present the application/project/matter in person or through a representative. Following this presentation, members of the public shall be called upon to speak on the application/project/matter in the order their Request to Speak forms are received by the City Clerk or Deputy City Clerk. Once the members of the public have spoken, the applicant/property owner and the appellant shall be provided an opportunity to rebut any testimony or evidence provided by opponents or by staff. The rebuttal shall be limited to answering or refuting testimony of the public or staff. Following each presentation, members of the City Council may question the speakers. Following rebuttal, the item is then before the City Council for discussion and clarification.

When all parties have been heard and there are no additional requests to speak, the Mayor may close the Public Hearing and any member of the Council may make a motion to:
(1) Reopen the Public Hearing and continue it to a date certain to allow for further study or discussion; or
(2) Adopt the resolution or ordinance for approval or denial of the project, with or without changes, as recommended in the Staff Report; or 402
(3) Direct Staff to prepare a different resolution or ordinance than the one recommended for adoption on the Consent Calendar at the next regular meeting of the City Council.

The applicant may withdraw the application/project/matter at any time before a vote is taken by the City Council. An appellant may withdraw its appeal at any time prior to the opening of the public hearing.

Speaker Time Limits for Public Hearings
At Public Hearings involving land use matters the property owner or the applicant/property owner has the burden of proof and, therefore, shall be allowed fifteen (15) minutes for an initial presentation by its development team and an additional ten (10) minutes for rebuttal by its development team following the other comments on the matter. The Mayor may allow more time if required to provide due process for the property owner or applicant. An appellant, other than the property owner or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property which is the subject of the Public Hearing, shall be allowed fifteen (15) minutes to present the appellant’s position to the Council. The Mayor may allow more time if required to provide due process for the appellant. All other members of the public may speak during the Public Hearing for a maximum period five (5) minutes each. Deferral of one speaker’s time to another is not permitted. In the event there is a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak.

Policy Applicable to All Public Meetings of the City. The above-referenced public participation standards of this Policy shall apply to all public meetings of the City including City Council and all commissions, boards and committees of the City.
403
POLICY NO. 7

AGENDA PLACEMENT

BY COUNCIL MEMBERS

404

CITY OF TEMECULA

CITY COUNCIL POLICY
Title: Agenda Placement by Council Members
Policy No. 7
Approved: September 28, 2021
Revised:

PURPOSE:

While most agenda items are scheduled through the City Manager’s Office based on the administrative and operational needs of the City, the purpose of this City Council policy is to provide for an effective and efficient process through which an individual Council Member may place an item on the agenda.

POLICY:

Request for Placement. Any Council Member, including the Mayor, may request that an item be placed on a future agenda. The Council Member’s request will be considered by the City Council under the “Items for Future City Council Agendas” section of the agenda. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. The Council Members description of the requested future agenda item shall not exceed three (3) minutes unless extended by a majority vote of the City Council. No substantive discussion on the subject to be placed on a future agenda of the motion may occur except to explain the general nature of the item and the issue of timing for its placement on a future agenda. While a member of the public may express a desire to place an item on the agenda for consideration, items may only be placed on the agenda by Council Members pursuant to this policy or by the City Manager based on administrative or operational needs of the City.

Response to Request for Placement. In response to such a request to place an item on the agenda by an individual Council Member, the City Council by a majority vote may choose to do any of the following:
(1) Refer the item to the City Manager with specific direction to place the item on the agenda, conduct additional research and/or obtain additional information to report back to the City Council, and/or any other specific direction that the City Council deems appropriate. (2) Refer the item to the City Council subcommittee most related to the subject matter of the request for additional review and consideration. The relevant Council subcommittee after consideration may place the item on an agenda at their request and/or report back the findings of their consideration at a Council meeting under the “City Council Reports” section of an agenda. At the direction of the subcommittee, the City Manager may also share the general findings in writing as an update to the full City Council.
(3) Take no action. Absent a majority vote of the City Council to refer an item pursuant to (1) and (2) above, the proposed item shall not be placed on a future agenda. 405
Motion Required. If a motion to refer an item pursuant to (1) and (2) above is made, seconded and approved by a majority vote of the City Council, the proposed item will be processed accordingly through the City Manager. If there is no second, or the motion fails for the lack of a majority, no subsequent action shall be taken on the request.

Time for Discussion and Public Comment
Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes.

Individual comments shall not exceed three (3) minutes. General discussion amongst the City Council on the placement of agenda items listed under the “Items for Future City Council Agendas” section of the agenda shall be limited to 15 minutes.

Timing Direction. If the motion provides specific direction regarding timing, the approved item will be referred and/or placed on a future agenda consistent with that direction. If the motion is silent regarding timing, the approved item will be placed on a future agenda at the earliest reasonable time as determined by the City Manager.

Recurring Requests. Requests by Council Members to add the same agenda item to every subsequent agenda are not permitted. An item may not be reconsidered for placement for a minimum of three (3) months unless approved by a majority vote of the City Council. 406
POLICY NO. 8

REQUEST FOR INFORMATION

AND STAFF TIME

407

CITY OF TEMECULA

CITY COUNCIL POLICY
Title: Requests for Information and Staff Time
Policy No. 8
Approved: September 28, 2021
Revised: N/A
PURPOSE:

The purpose of this City Council policy is to ensure the effective use of staff time to fulfill individual City Council Member requests in balance with implementing the direction of the full City Council.

POLICY:

1. General. Unless circumstances warrant otherwise, communications with staff should occur during normal City business hours. Responses to inquiries and questions should be expected within the next business day where possible.

2. Routine Requests for Information. Council Members may contact Executive Department Directors directly for information made readily available to the general public on a regular basis. Routine requests to provide information that can be fulfilled within a nominal period of time (i.e., status of a resident request, legislation, project timing, copy of existing documents, etc.) will be provided as soon as practicable. Staff shall treat all Council Members the same without preferential treatment and advise the City Manager of information provided as needed.

3. Non-Routine Requests for Information. Non-routine requests are defined as requests for information that exceed four (4) hours or one-half of a regular business day, as determined by the City Manager, to compile, research, prepare, etc.. Non-routine requests shall require the approval of the majority of the City Council. Non-routine requests may be placed on the agenda by the City Manager as an administrative or operational item under the Consent Calendar or Business section of the agenda to obtain such approval. The responsive information to non-routine requests will be distributed to the full City Council by way of written notification, as a future agenda item, or such other manner as determined by the City Manager. The City Manager retains the ability to bring any item to the full City Council irrespective of time constraints. The City Manager also retains the ability in the aggregate to perform work in response to individual City Council Member requests based on overall time and resource allocation.

4. Meeting Requests. Any Council Member requests for meetings with staff must be directed through the City Manager and/or relevant Executive Department Director, as appropriate. 408
POLICY NO. 9

PUBLIC RECOGNITIONS POLICY

409

CITY OF TEMECULA

CITY COUNCIL POLICY
Title: Public Recognitions Policy
Policy No. 9
Approved: January 10, 2023
Revised: N/A
PURPOSE:

The purpose of this City Council policy is to ensure an effective and efficient process for the consideration and conduct of various public recognitions by the City Council.

POLICY:

The policy of the City Council with respect to the subject matter listed in the above-referenced title is as follows:

Public Recognitions Ad Hoc Subcommittee
A subcommittee shall be appointed annually as part of the City Council subcommittee review and selection process in January. To the extent possible, the subcommittee shall include both short and long tenured members of the City Council. The subcommittee will consider all public recognitions that include a nomination component (Community Leader Award of Distinction, Council Member Award of Recognition Upon Retirement, Wall of Honor, and Memorial, Monument and/or Facility Naming). The subcommittee will consider all nominations in a calendar year together and make recommendations to the full City Council. The subcommittee will function similarly to other ad hoc subcommittees that consider items on a calendar year basis.

Standard Certificates of Recognition
Standard certificates of recognition may be provided at the request of City residents, community leaders, businesses, nonprofit organizations, and/or Council Members. Standard certificates shall include those designated in the chart below. Such certificates shall be presented on behalf of the City of Temecula and shall be signed by a single signatory in the following order: (1) Council Member attending a related event, (2) Mayor, (3) Mayor Pro Tempore, or (4) Council Member designated by the Mayor. 1 Certificate of
Achievement
Student of the Month, Student of the Year, Girl
Scouts, Eagle Scouts, Student Sports and
Competitions, Youth in Government
Common
/
Monthly
2 Certificate of
Appreciation
Former Board and Commission Members, Meeting
Entertainment
Common
3 Certificate of
Commendation
Acts of Bravery, Heroism (Resident Assistance in
Emergency Circumstances), Veterans
Rare
410
4 Certificate of
Congratulations
25th/50th/75th/100th Birthdays, Wedding
Anniversaries, Retirements
Rare
5 Certificate for Grand
Opening / Ribbon
Cutting
New Businesses / New Owners / Chamber of
Commerce (Economic Development Requests)
Common
6 Certificates of
Recognition
Miscellaneous – Noteworthy Residents, Non-Profits,
Foundations, Chamber Gala
Common
7 Certificate of
Remembrance
In Memoria, Adjournments Rare
8 Certificate of Welcome Sister City Dignitaries Rare
Proclamations
Proclamations may be provided at the request of residents, businesses, nonprofit organizations and/or Council Members. The City Council shall approve annually a list of proclamations proposed to be issued for the calendar year. Unless three or more Council Members pull a proclamation from the list indicating exclusion, all proclamations on the annual list shall be issued for presentation via mail or in-person as requested. Proclamations shall be presented on behalf of the City of Temecula and shall be signed by a single signatory in the following order: (1) Mayor, (2) Mayor Pro Tempore, or (3) Council Member designated by the Mayor.
1 Proclamation Day, Week or Month of Observation Consistent with Regional, State and/or National Recognition for
Public Awareness / Education Purposes
Common
2 Proclamation – Person Recognition of Day in Celebration of a Person (Council Member, Founding Member)
Rare
Pins and Medals
Pins and medals may be provided at the request of residents, businesses, nonprofit organizations and/or Council Members. Pins and medals shall include those designated in the chart below. Pins and medals shall be accompanied by a related certificate and shall be presented via mail or in-person as requested.

Pins and medals shall be presented on behalf of the City of Temecula and any related certificate shall be signed by a single signatory in the following order: (1) Mayor, (2) Mayor Pro Tempore, or (3) Council Member designated by the Mayor.
1 Boy Scout / Girl Scout Eagle Scout, Bronze/Silver/Gold Award, or Similar Noteworthy Accomplishment
Common
2 Hero’s Medal and Pin Acts of bravery and courage in the service of others Rare Community Leader Award of Distinction
A Community Leader Award of Distinction may be provided to a resident and/or nonprofit or business affiliate upon recommendation of the Public Recognitions Subcommittee. Such award is rare and therefore shall be presented on behalf of the City of Temecula in-person at a City Council meeting. Any 411
related certificate shall be signed by all Council Members. To be eligible for such an award, a nominee must meet the following criteria:

Criteria

1. Nomination Form – The requisite nomination form, with supporting documentation, is submitted to the City Clerk’s Office pursuant to instructions by the relevant deadline.

2. Contributions – The contributions and proof of impact of the nominee, as illustrated in the nomination packet, are well known and recognized by a significant segment of the community and their respective industry (education, nonprofit, business).

3. Subcommittee Consideration – The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee.

4. Public Recognition – During an in-person recognition at a City Council meeting, the nominee will receive a framed award signed by all Council Members, a swag bag from the City, and other recognitions from the community/industry as they deem appropriate.

Council Member Award of Recognition Upon Retirement
A Council Member Award of Recognition Upon Retirement shall be provided to retiring Council Members as indicated below. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in-person at a City Council meeting. Any related certificate shall be signed by all Council Members. To be eligible for such an award, a nominee must meet the following criteria:

Criteria

1. Internal Form – The requisite recognition form, with supporting documentation, is submitted by relevant staff to the City Clerk’s Office pursuant to instructions by the relevant deadline.

2. Service – The subject Council Member has completed a minimum of one full-term if elected or the whole of an unexpired term if appointed.

3. Subcommittee Consideration – The subject Council Member received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee.

4. Public Recognition – The subject Council Member receives recognition based on tenure with optional community recognitions at th meeting. While Board and Commission service is noted as part of the presentation, it is not counted towards years of service for purposes of recognition categories below:

A. One Term (4 Years) – The subject Council Member receives an engraved plaque with years of service, a commemorative street sign, and a swag bag from the City.

B. Two – Three Terms (8-12 Years) – The subject Council Member receives an engraved plaque with years of service, a framed proclamation recognizing member’s retirement date as Member’s Day, a commemorative street sign, and a swag bag from the City.

C. Four Terms and Beyond (16+ Years) – The subject Council Member receives a shadow box with a key to the City, a proclamation recognizing member’s retirement date as Member’s Day, a commemorative street sign, and a swag bag from the City.

Wall of Honor
A Wall of Honor recognition may be provided to any deserving individual (i.e., resident, service club member, former Council Member, Commissioner or staff, nonprofit or business affiliate, etc.) upon recommendation of the Public Recognitions Subcommittee. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in-person at a City Council meeting. Any related certificate 412
shall be signed by all Council Members. To be eligible for such a recognition, a nominee must meet the following criteria:

Criteria

1. Nomination Form – The requisite nomination form, with supporting documentation, is submitted to the City Clerk’s Office pursuant to instructions by the relevant deadline.

2. Contributions – The contributions and proof of impact of the nominee, as illustrated in the nomination packet, have extended beyond a 10 year period of time, are well known, and recognized by a significant segment of the community and/or their respective industry (education, nonprofit, business).

3. Subcommittee Consideration – The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee.

4. Public Recognition – During an in-person recognition at a City Council meeting, the nominee will receive a framed award signed by all Council Members and the nominee’s name will be incorporated into the perpetual Wall of Honor plaque located at City Hall.

Memorial, Monument and/or Facility Naming
A memorial, monument and/or facility naming recognition may be provided to any deserving individual (i.e., resident, service club member, former Council Member, Commissioner or staff, nonprofit or business affiliate, etc.) upon recommendation of the Public Recognitions Subcommittee. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in-person at the site of the thing and/or place to be named. Any related certificate shall be signed by all Council Members. To be eligible for such a recognition, a nominee must meet the following criteria:

Criteria

1. Nomination Form – The requisite nomination form, with supporting documentation, is submitted to the City Clerk’s Office pursuant to instructions by the relevant deadline.

2. Contributions – The contributions and proof of impact of the nominee, as illustrated in the nomination packet, have extended beyond a 20 year period of time, are well known, and recognized by a significant segment of the community and/or their respective industry (education, nonprofit, business). Such contributions exceed all other contributions in community value such that there is no other public recognition that can be applied.The 20 year period of time is subject to review and adjustment by the full City Council.

3. Subcommittee Consideration – The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee.

4. Public Recognition – During an in-person recognition, the nominee will receive a framed award signed by all Council Members and the nominee’s name will be incorporated into the subject memorial, monument and/or facility.

Miscellaneous
The following non-standard recognitions shall not have a political, religious, lifestyle, and/or commercial association: Community Leader Award of Distinction, Wall of Honor, Memorial, Monument, and/or Facility Naming. In addition, Resolutions of Principle, defined as statements in which an organization describes its collective beliefs, values, and intentions towards a particular topic(s), will not be issued by the Council and are not included as a part of this policy. 413
POLICY NO. 10

USE OF CITY LETTERHEAD

AND SEAL

414

CITY OF TEMECULA

CITY COUNCIL POLICY
Title: Use of City Letterhead and Seal
Policy No. 10
Approved: October 24, 2023
Revised: N/A
PURPOSE:

The purpose of this City Council policy is to set forth clear guidelines for the use of City letterhead and seal for official City business. The use of City letterhead and seal for any other purpose is prohibited.

POLICY:

The policy of the City Council with respect to the matter listed in the above-referenced title is as follows:

City Letterhead
City letterhead shall be used to convey official City business. Council Member correspondence written on City letterhead may reflect a majority position of the Council and/or an individual Council Member’s position. For example, City letterhead may be used to convey a collective position of the City Council on legislation, signed by the Mayor on behalf of the City Council. In addition, an individual Council Member, under their individual signature, may use City letterhead to support and/or oppose legislation. Any use of City letterhead shall clearly reference whether the correspondence is being sent on behalf of the members collectively or an individual member. All Council Member correspondence using City resources shall be copied to the full Council.

City Seal
Pursuant to Government Code Section 40811 the City Clerk is the custodian of the City Seal. Temecula Municipal Code Section 1.12.020 states “The city clerk shall have custody and charge of the City Seal and such other insignia that may from time to time be adopted pursuant to this code. Except as provided by this code, any seal, insignia or other symbol officially adopted for use by the City shall not be affixed to any instrument without the special warrant of the City Clerk therefore.” Use of the City Seal is limited to official City business (i.e., official documents) and representation of the City as a whole. Individual use of the City Seal is prohibited.
415
POLICY NO. 11

COMPLIMENTARY TICKET

USE AND REPORTING
416

CITY OF TEMECULA

CITY COUNCIL POLICY
Title: Complimentary Ticket Use and Reporting
Policy No. 11
Approved: October 24, 2023
Revised: N/A
PURPOSE:

The purpose of this City Council policy is to set forth the use and reporting requirements affiliated with a complimentary ticket policy. The Political Reform Act, codified in the California Government Code, requires City officials and those employees designated in the City' s conflict of interest code to report gifts valued at $50 or more on their Statement of Economic Interests (Form 700). The regulating agency is the Fair Political Practices Commission (FPPC). FPPC Regulation 18944.1 provides that a ticket or pass provided to such persons by the City and distributed and used in accordance with an adopted written policy that meets the requirements of Regulation 18944.1 is not a gift under the Political Reform Act. The City adopted a Complimentary Ticket Policy in January 2009 and amended it in January 2016 and December 2019.

POLICY:

The policy of the City Council with respect to the matter listed in the above-referenced title is attached as Exhibit A.
417

EXHIBIT A
POLICY
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419
420
421
422
423
424
POLICY NO. 12

USE OF SYSTEMS, ELECTRONIC

COMMUNICATIONS AND

TECHNOLOGY RESOURCES
425

CITY OF TEMECULA

CITY COUNCIL POLICY
Title: Use of Systems, Electronic Communications and
Technology Resources
Policy No. 12
Approved: October 24, 2023
Revised: N/A
PURPOSE:

The purpose of this City Council policy is to set forth certain expectations for the use of City systems, electronic communications and/or technology resources, regardless of whether the electronic communications and/or technology resources are owned or maintained by the City, to conduct City business. In utilizing systems, electronic communications and/or technology resources, all users are expected to share the obligation of safeguarding and maintaining the City's information and adhering to the relevant policy.

POLICY:

The policy of the City Council with respect to the matter listed in the above-referenced title is attached as Exhibit A.
426

EXHIBIT A
POLICY
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
POLICY NO. 13

STATE MANDATED TRAINING
450

CITY OF TEMECULA

CITY COUNCIL POLICY
Title: State Mandated Training
Policy No. 13
Approved: October 24, 2023
Revised: N/A
PURPOSE:

The purpose of this City Council policy is to outline the specific requirements of state mandated training for Council Members, specifically as it relates to AB 1234 and AB 1661.

POLICY:

The policy of the City Council with respect to the matter listed in the above-referenced title is as follows:

AB 1234 Mandatory Ethics Training
Government Code Sections 53235 and 53235.1 state that, if a local agency provides compensation, salary, or a stipend to a member of a legislative body or reimbursement for expenses incurred by a member of a legislative body in the performance of official duties, then said local agency officials shall receive twohour training in ethics. Training opportunities are available online and in-person through a variety of sources including the Attorney General, Fair Political Practices Commission, League of California Cities, Institute for Local Government and other agencies and municipal law firms. In the City of Temecula, ethics training is mandated for the City Council, boards and commissions and executive staff. The City Clerk’s office oversees the completion of said training and maintains relevant records pursuant to law.

AB 1661 Sexual Harassment Prevention Training and Education Government Code Sections 53237-53237.5 requires local agency officials, including Council Members, to receive two hours of sexual harassment prevention training and education within the first six months of taking office and every two years thereafter if the agency provides any type of compensation, salary, or stipend to those officials. Training opportunities are available online and in-person through a variety of sources including the Attorney General, Fair Political Practices Commission, League of California Cities, Institute for Local Government and other agencies and municipal law firms. In the City of Temecula, ethics training is mandated for the City Council, boards and commissions and executive staff. The City Clerk’s office oversees the completion of said training and maintains relevant records pursuant to law. 451
POLICY NO. 14

CONFLICT OF INTEREST LAWS
452

CITY OF TEMECULA

CITY COUNCIL POLICY
Title: Conflict of Interest Laws
Policy No. 14
Approved: October 24, 2023
Revised: N/A
PURPOSE:

The purpose of this City Council policy is to provide general guidance and raise awareness of potential conflicts of interest that may arise periodically in the course of public service by Council Members. Council Members are encouraged to seek legal advice from the City Attorney for specific issues that may arise.

POLICY:

The policy of the City Council with respect to the matter listed in the above-referenced title is as follows:

Conflict of Interest Laws
The Political Reform Act, set forth in Government Code Sections 81000 to 91014, regulates conflicts of interest through (1) disclosure and (2) prohibition of participation in the decision-making process. The Act requires Council Members to annually disclose all financial interests that may be affected by decisions made in their official capacity. This includes investments, real property, and income. Council Members must also disqualify themselves from making and/or participating in making any governmental decision that will have a foreseeable material financial affect on any financial interest of the Council Member or certain family members.

When Council Members must disqualify themselves due to a financial interest, they are prohibited not only from “making” a decision but also from “participating” in the decision. Generally, an official makes a decision when the Council Member votes on a matter, appoints a person, obligates or commits the City to any course of action, or enters into any contract on behalf of the City. An official participates in making a decision when the official negotiates on behalf of the City, or advises or makes recommendations to the decision maker, either directly or without significant intervening substantive review.

The City Attorney prepares an annual Summary of the Conflict of Interest Laws Manual that is attached as Appendix 3 in the City Council Protocol Manual.

Conflict of Interest Code. The Political Reform Act requires state and local government agencies to review and adopt conflict of interest codes biannually. The City of Temecula adopts its Conflict of Interest Code in even-numbered years. The City’s Conflict of Interest Code adopts the State Political Reform Act and designates certain City officials other than the Council who are subject the conflict of interest laws. The Code is attached as Exhibit A.
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Statements of Economic Interest
A financial disclosure form (Statement of Economic Interest - Form 700) must be filed with the City Clerk no later than April 1 of each year for financial interests pertaining to the preceding calendar year. The April 1 deadline may be adjusted by the Fair Political Practices Commission (FPPC) for holidays and/or weekends. Council Members must also file a statement within 30 days of assuming office or leaving office.

Filers shall file said statement electronically through NetFile, the City’s certified electronic filing system.

Advice Regarding Conflicts of Interest
A Council Member who is uncertain as to whether they have a conflict of interest is encouraged to seek clarification from the City Attorney prior to the Council Meeting at which the matter will be discussed.

The City Attorney or the official may also request a formal opinion from the FPPC.

Attachments
Exhibit A - Conflict of Interest Code
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POLICY NO. 15

CODE OF ETHICS

473

CITY OF TEMECULA

CITY COUNCIL POLICY
Title: Code of Ethics
Policy No. 15
Approved: November 14, 2023
Revised: N/A
PURPOSE:

The purpose of this City Council policy is to set forth the Code of Ethics for the City Council of the City of Temecula.

POLICY:

The policy of the City Council with respect to the matter listed in the above-referenced title is as follows:

City Code of Ethics
Preamble
The citizens of the City of Temecula are entitled to responsible, fair and honest city government that operates in an atmosphere of respect and civility. Accordingly, the Temecula City Council has adopted this code to:

1. Describe the standards of behavior to which its leaders and staff aspire.

2. Provide an ongoing source of guidance to elected leaders, city officials and staff in their day-today service to the city.

3. Promote and maintain a culture of ethics.

Pledge
On November 14, 2023, the City Council of the City of Temecula adopted this City Code of Ethics, which applies to all City employees, officers, commissions, and elected or appointed officials and requires the following pledge:

Responsibility
• I understand that the community expects me to serve with dignity and respect, as well as be an agent of the democratic process.
• I avoid actions that might cause the public to question my independent judgment. • I do not use my office or the resources of the city for personal or political gain. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the city and its citizens. 474
Fairness
• I promote consistency, equity and non-discrimination in public agency decision-making. • I make decisions based on the merits of an issue, including research and facts. • I encourage diverse public engagement in our decision-making processes and support the public’s right to have access to public information concerning the conduct of the City’s business.

Respect
• I treat my fellow city officials, staff, commission members and the public with patience, courtesy, civility, and respect, even when we disagree on what is best for the community and its citizens.

Honesty
• I am honest with all elected officials, staff, commission members, boards, the public and others. • I am prepared to make decisions when necessary for the public’s best interest, whether those decisions are popular or not.
• I take responsibility for my actions, even when it is uncomfortable to do so.

In addition, the City Council commits to the following core values:

1. As a representative of the City of Temecula, in practice, this value looks like: I will be ethical.

2. As a representative of the City of Temecula, I will be professional.

3. As a representative of the City of Temecula, I will be service-oriented.

4. As a representative of the City of Temecula, I will be fiscally responsible.

5. As a representative of the City of Temecula, I will be organized.

6. As a representative of the City of Temecula, I will be communicative.

7. As a representative of the City of Temecula, I will be collaborative.

8. As a representative of the City of Temecula, I will be innovative. 475
POLICY NO. 16

COMPENSATION AND/OR

STIPENDS

476

CITY OF TEMECULA

CITY COUNCIL POLICY
Title: Compensation and/or Stipends
Policy No. 16
Approved: November 14, 2023
Revised: N/A
PURPOSE:

The purpose of this City Council policy is to set forth the requirements related to Council compensation and/or stipends as codified in the Government Code and the Temecula Municipal Code.

POLICY:

The policy of the City Council with respect to the matter listed in the above-referenced title is as follows:

The City of Temecula is a general law city formed under the laws of the State of California. The City Council compensation schedule for general law cities is set forth in Government Code Section 36516 et seq.

Current City Council compensation is $600 per month pursuant to Temecula Municipal Code Section

2.04.050. City Council compensation was last adjusted in October 2023 via Ordinance No. 2023-08.

Ordinance No. 2023-08 reset the compensation from $600 to $1,900 per month pursuant to Senate Bill 329.

On June 29, 2023, Senate Bill 329 (SB 329) was signed into law setting forth a new compensation schedule for City Council members. SB 329 declared that the compensation schedule for general law cities had not been adjusted since 1984, indicating compensation had not kept pace with inflation. The Legislature also declared that compensation adjustments for inflation may help city councils become more diverse allowing individuals from across different income levels to serve the public and support their families. SB 329 was permissive and not mandatory. SB 329 increased the maximum amount of City Council salaries based upon population size, permitted adjustments by ordinance at two public meetings, and allowed for additional modification under specific circumstances. Automatic adjustments for CPI were prohibited. For cities 75,000 - 150,000 in population, maximum compensation was set at one thousand nine hundred dollars ($1,900) per month. While SB 329 set forth an alternative calculation to the $1,900 amount based on a maximum 5% increase per year from the date of the last adjustment (2003-2023=20 years), this amount was $1,200, and less than the $1,900 amount set by population. As such, the $1,900 amount remained the maximum cap for compensation adjustment at the time Ordinance 2023-08 was adopted.

Ordinance No. 2023-08 will become effective after the results of the November 2024 general municipal election is certified by the City Council of the City of Temecula. A copy of Ordinance No. 2023-08 is attached as Exhibit A.
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POLICY NO. 17

ELECTED OFFICE TRAVEL

AND REIMBURSMENT

482
1 CITY OF TEMECULA

CITY COUNCIL POLICY
Title: Elected Official Travel and Reimbursement
Policy No. 17
Approved: November 14, 2023
Revised: N/A
PURPOSE:

The purpose of this City Council policy is to establish responsibilities and guidelines for elected officials when attending business or professional conferences, training seminars or other travel on City business.

It is the intent of the City of Temecula to assure compliance with all state and federal laws, including United States Internal Revenue Service regulations and Assembly Bill 1234 (2005).

POLICY:

The policy of the City Council with respect to the matter listed in the above-referenced title is as follows:

In general, all reimbursements to elected officials are a use of public funds. The City expects to reimburse reasonable costs incurred by elected officials when traveling on City business, and elected officials are expected to use good judgment in their expenditure of public funds. Reimbursement of business-related expenses paid to elected officials is generally tax-free; however, elected officials must substantiate the expenses with original receipts. A detailed record of all reimbursable expenses incurred during the travel must be submitted on a City Travel/Expense Form.

A. DEFINITIONS

1. Business Travel - authorized attendance at conferences, meetings, and seminars or authorized travel for any other purpose in connection with official City responsibilities. Business travel includes day trips and trips requiring one or more overnight stays in connection with official representation of the City to do the following:
a. Communicate with representatives of regional, state and national government on City adopted policy positions.
b. Attend trainings, seminars, symposiums, conferences, hearings, conventions or other meetings.
c. Interview persons, inspect facilities or institutions, conduct surveys, and exchange professional information or otherwise travel for the benefit of the City. d. Act as host to persons who, for protocol reasons, merit appropriate courtesies. 483
2 e. Participate in such other activities requiring expenditures for travel and/or subsistence as are clearly necessary to serve in the best interest of the City.

2. Business Travel Period – the time that is necessary to travel by the most cost effective and appropriate travel method to attend conferences, meetings, and seminars related to City business.

Additional time required to travel as the result of alternative travel methods selected by elected officials are not included in the business travel period and expenses are not subject to reimbursement.

3. Local Travel - travel within a radius of fifty miles from Temecula City Hall.

4. Out-of-Town Travel - travel greater than fifty miles from Temecula City Hall.

5. Mileage Allowance - the reimbursement paid to the elected official for the use of their own personal vehicle during travel on official City business. The mileage reimbursement rate will be the prevailing rate established by the Internal Revenue Service (IRS). Elected officials receiving a monthly automobile allowance are not eligible to receive an additional mileage allowance.

6. Allowable Expense - an expenditure deemed by the U.S. General Services Administration (GSA) as a stand-alone expense that is fully reimbursable, and not included as an incidental expense under per diem rates.

7. Incidental Expense - federal travel regulations define "incidental expenses" as fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards and stewardesses and others; transportation between places of lodging or business and places where meals are taken; and the mailing cost associated with filing travel vouchers.

B. PROVISIONS

1. Approvals
a. It is the policy of the City Council to publicly disclose and approve all requests for travel expense reimbursement from elected officials as a part of its approval for the List of Demands.

If the travel is directly related to City business, defined as those legislative matters that fall within the jurisdiction of a local government municipality, such travel should be considered preapproved for reimbursement. Any other requests for travel and subsequent reimbursement shall require pre-approval by the City Council.
b. Any number of elected officials may attend conferences if the funds for such purposes are specifically provided for and included in the annual budget, and the number of attendees is justified in consideration of the additional cost. Any other requests for travel and subsequent reimbursement shall require pre-approval by the City Council.

2. Transportation
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3 a. Use of air, train, private car or bus shall be selected based on the most cost effective and appropriate method, taking into consideration distance as calculated by an internet mileage calculator such as MapQuest, and total costs to the City after all expense items are tabulated.

Trips should be via the most direct and commonly traveled routes. Other routes may be authorized when official business requires their use. Costs associated with indirect routes, stops along the way for personal reasons, or extending the time beyond what is required for official business will not be paid for or reimbursed by the City. Once booked, changes to flights should be avoided whenever possible to minimize cost to the City. b. If an elected official wishes to drive rather than fly to a destination, and the official does not receive a monthly automobile allowance, the City will reimburse the elected official the lesser of the mileage rate to and from the site or the amount of the lowest cost airline coach fare within one week after the meeting or conference is booked plus the cost of mileage to and from the airport, the cost of long term parking, and the cost of transportation from the airport to the meeting or conference site for the time necessary for the business travel only. If parking fees are charged at the meeting or conference location due to the elected official driving their personal vehicle, the mileage and parking costs will be reimbursed up to the cost of the airfare, mileage, parking, and transportation costs listed above for the time necessary for business travel. The City will not cover the cost of additional expenditures such as meals, lodging, parking and any other costs incurred resulting from the additional time required to travel by automobile. c. Reimbursement for mileage shall be at the prevailing IRS established rate and mileage will be calculated from Temecula City Hall. Use of a privately owned vehicle on City business requires the driver to possess a valid California driver's license and to carry automobile insurance. Any damage to the vehicle or service repairs are of a personal nature, and are not reimbursable by the City, and the City shall assume no liability. Reimbursement will be based on the vehicle and not on the number attending (i.e., the owner of the vehicle will be paid and not the passengers).

Mileage related to attending conferences or meetings requiring travel is submitted on the Travel Expense Form along with other conference or meeting expenses. Mileage not associated with travel, such as for local events, must be submitted monthly on a Mileage Reimbursement Form within 30 calendar days of the end of the month to be eligible for reimbursement. Such reimbursement is not available to those receiving a monthly automobile allowance. d. Expenditures deemed as an allowable expense by the GSA such as tolls, parking, internet service and checked baggage for airlines, will be fully reimbursed upon presentation of the original receipts for the period of travel time required for City business. If an elected official chooses to extend the trip for additional days, expenditures for these days will not be paid for or reimbursed by the City. The cost for valet parking will only be reimbursed if no lower cost self-parking was available.
e. When the use of public air carrier transportation is approved, travel for all personnel shall be in coach class or equivalent service. Private automobile use to and from the airport shall be reimbursed for all miles at the current mileage rate. Long-term offsite parking must be used for travel exceeding 24 hours unless the onsite parking rate is lower. If, in lieu of parking at the airport, the elected official obtains a ride to and from the airport, the cost of the mileage for 485
4 both round trips will be covered up to what the cost would have been for one round-trip plus the cost of long term parking for the required travel period. f. While traveling, the use of rental vehicles is discouraged. Shuttle services, buses, taxis, ride share, or car services, between airports and meeting locations will be covered. Rental vehicles shall only be permitted when no other transportation is available, or when alternate transportation would be more expensive or impractical. When rental vehicles are used, the least expensive vehicle practical shall be used, and car rental insurance must be purchased from the rental agency. Car rental fees will be covered only for the time required for the official travel.

3. Lodging
a. Lodging shall be obtained at the most economical rate available for good quality accommodations. In general, the City will cover the cost of hotel accommodations at the standard room rate, government room rate, or conference attendee rate, whichever is less.

Upgrades to accommodations are not covered and must be paid for directly by the elected official.
1) If lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking.
2) The City will pay for a single occupancy room (including taxes, parking and other allowable expenses) for as many nights as is necessary to attend the meeting or conference based on the applicable agenda. Any extension of time for personal use is not covered and must be paid for directly by the elected official. If attendance at an event that is not on the agenda is required resulting in additional lodging, meal or other costs, the elected official must attach a statement or other documentation outlining the time and purpose of the meeting attended to obtain reimbursement for the additional costs. Lodging will be provided to elected officials the night prior to the meeting or conference when flight schedules do not allow for arrival on the day of the event prior to the start. Lodging will be provided on the last day of the event only if the event ends late in the day and no return flights are available.

Elected officials must cancel any reservation that will not be used. If the City is charged for an unused reservation, the elected official will be responsible for that charge unless circumstances requiring cancellation were reasonably beyond their control. b. An elected official may stay with a friend or relative while attending an out-of-town meeting or conference; however, the City will not reimburse the elected official for any payment to the friend or relative for lodging, meals or transportation.

4. Meals, Incidental and Allowable Expenses
a. For trips requiring an overnight stay, the allowable cost of meals at a hotel, restaurant, cafeteria, cafe or deli consumed by the elected official while on required business travel will be reimbursed when documented by appropriate receipts. The cost includes non-alcoholic beverages, taxes and tip. Elected officials are not eligible to receive a per diem allowance. 486
5 1) Elected officials are eligible to receive reimbursement for actual costs of meals and incidental expenses to the maximum allowance under the GSA Per Diem Rate Schedule (www.gsa.gov) for the location where the meeting or conference took place calculated daily meaning that the meals in totality will be reimbursed up to the maximum allowable for the day, not on an individual meal basis. Partial days, including the first and last days of the conference or event will be prorated according to the GSA Per Diem Rate Schedule. Meals for spouses or guests must be paid for by the elected official and are not eligible for reimbursement.
2) When meals are provided during a conference, those meals must be subtracted out of the per diem rate allowed for the day using the GSA Per Diem Rate Schedule provisions for partial days for the location in which the meeting took place. The provision of a "Continental Breakfast" will not be counted as a meal provided for the purposes of this section. 3) Receipts must show the itemized meal and beverages. Credit card receipts with no detail are not acceptable documentation.
4) Other expenditures deemed by the GSA as an allowable expense (i.e., checked baggage for airlines) are reimbursable.
5) Elected officials are required to submit supporting documentation and receipts for all reimbursable purchases, including the elected official's name and the nature of the business. b. For trips not requiring overnight stays, the actual cost of meals at a hotel, restaurant, cafeteria, cafe or deli consumed by the elected official while on business travel will be reimbursed when documented by appropriate receipts. The actual cost includes non-alcoholic beverages, taxes and a 15% tip.
1) Receipts must show the itemized meal and should have the elected official's name and the nature of the business documented.
2) Reimbursement shall not exceed the daily meal limit amounts set above, regardless of the amount in receipts submitted.
3) Meals for travel under twenty-four hours may be taxed according to IRS regulations. 4) Elected officials will not be reimbursed for meals if the location of the meeting or conference is within the City, since the elected official could have the meal in the manner they normally choose.
5) Elected officials will not be reimbursed for meals which are already included in the conference registration fee.
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6 6) If an elected official is attending a one-day seminar whereby lunch is not included in the price of the seminar, the reimbursement may not exceed the prevailing U.S. GSA lunch rate for the location in which the meeting took place.

5. Cash Advances and Credit Card Usage
a. If an elected official requires a cash advance for travel expenditures related to City business, a cash advance of a minimum of one hundred ($100) dollars up to a maximum of one thousand five hundred ($1,500) dollars may be made to the elected official. 1) Authorization shall be in the form of a check request from the City Manager to the Finance Department.
2) Cash advances shall be restricted to a maximum of meal and incidental allowances as defined in Section 4.
b. Approved cash advances should be submitted to the Finance Department three weeks prior to departure date.
1) The elected official will be notified by the Finance Department when the requested funds are available for pickup immediately prior to the dates of travel. 2) Receipt of a cash advance for travel expenses does not constitute pre-approval for the expenditure of the entire amount so advanced, as all expenditures must be reasonable, justified and approved.
c. If an elected official has accepted a cash advance, a reconciliation of the advance payment must be made based on the actual expenses incurred as part of the expense report and submitted to the City within ten (10) calendar days of returning from the conference or meeting. 1) If actual expenses exceed the amount of the advance, any additional expenses will be reimbursed.
2) If actual expenses do not exceed the expense advance received, the elected official shall reimburse the City for the unused portion within ten (10) calendar days of filing the expense report. Any unreimbursed cash advance will be withheld from the elected official's next stipend.
d. Elected officials may be issued a credit card by the City of Temecula. Such credit card is to be used for City business only as set forth in this policy (i.e., conference registration, lodging hotel, transportation, non-covered meals, meetings, etc.). Said credit card shall remain in the possession of the Executive Assistant to the City Council and shall be checked out from time to time when the need arises including when the elected official is traveling for City business. Use of the credit card remains subject to all other relevant provisions set forth in this policy, including the submittal of actual costs incurred by way of receipts separately and/or via the Travel/Expense Form.
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7 6. Other Provisions
a. Spouses and guests are permitted to accompany the elected official on City travel and at conferences, seminars, and meetings, except when such accompaniment would interfere with the conduct of City business. Any additional costs associated with the participation of the spouse or other guests are the sole responsibility of the elected official. b. If Internet access is necessary for City related business, the City will reimburse Internet access connection and/or usage fees away from home during the authorized business travel period. The rate must be listed as such on the invoice, so as not to be confused with other incidental costs.
c. Baggage handling fees of a generally accepted, reasonable amount and gratuities of up to 15% will be reimbursed.

7. Unauthorized Expenses
a. Items of a personal nature are not reimbursable, including movies, entertainment, premium television services, alcoholic beverages, snacks, gift certificates, laundering or dry-cleaning, spas, gyms, barbers, magazines, shoeshine, travel insurance, purchase of clothing or toiletries, loss of tickets, fines or traffic violations, non-mileage personal automobile expenses, including repairs, insurance or gasoline, personal losses incurred while on City business, excess baggage, spouse and/or guest accommodations, office equipment and other items of a personal nature. b. Spouses and guests are allowed to accompany the elected official on City travel and at conferences, seminars· and meetings when using public or private transportation. Any additional costs associated with the participation of the spouse or other guests are the sole responsibility of the elected official including any increased lodging rate due to double occupancy. Any increase in cost due to a spouse or guest accompanying an elected official is not to be charged to the City and must be paid for directly by the elected official. c. Expenses for which elected officials receive reimbursement from another agency are not reimbursable.
d. If unauthorized expenses have been paid by the City, the elected official will be responsible for immediate reimbursement to the City by cash or personal check. If the payment has not been received within twenty (20) calendar days after the event, the amount due will be deducted from the elected official's next monthly stipend.

C. TRAVEL/EXPENSE FORM

1. Upon return from the event, the elected official must submit an approved Travel/Expense Form to the Finance Department within ten (IO) calendar days. This form itemizes all expenses associated with the event. All original receipts must be attached, as well as a copy of the conference schedule and/or itinerary. Electronic receipts will also be accepted. 489
8 2. Expense forms must document that the expenses in question meet the requirements of this policy.

3. If an elected official has lost a receipt for a travel-related item, a memo is required. The memo must include the following:
a. Detailed explanation, such as time, activity, and reason for losing the receipt. b. Include all receipt information such as place, amount, date, and description of item. c. The elected official must sign the memo.

D. INTERPRETATION OF POLICY
The intent of the policy is to provide guidelines to cover the necessary costs associated with elected officials attending conferences and meetings related to, and for the benefit of, the City of Temecula in the most cost-effective manner. Fiscal prudence should prevail in the interpretation of the policy as it is impossible to cover every unique situation that may arise. Any disagreement as to how the policy should be applied should be referred to the City Manager.

E. VIOLATIONS OF THIS POLICY
Use of public resources or falsifying expense reports in violation of this policy may result in any of the following: 1) loss of reimbursement privileges; 2) a demand for restitution to the City of Temecula; 3) the agency's reporting the expenses as income to the elected official to state and federal tax authorities; 4) civil penalties up to the maximum allowable by law; 5) prosecution for misuse of public resources.
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POLICY NO. 18

APPOINTMENT TO INTERNAL/

EXTERNAL COMMITTEES

491

CITY OF TEMECULA

CITY COUNCIL POLICY
Title: Appointment to Internal/External Committees
Policy No. 18
Approved: November 14, 2023
Revised: N/A
PURPOSE:

The purpose of this City Council policy is to set forth the guidelines affiliated with the appointment of Council Members to internal and external committees.

POLICY:

The policy of the City Council with respect to the matter listed in the above-referenced title is as follows:

Appointments to Committees
The City of Temecula has several internal committees – ad hoc and standing – on which the City Council serve. Under the Brown Act, which is codified in the Government Code, a “standing committee” is one that has “continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution or formal action of a legislative body.” An “ad hoc committee” is one that has limited subject matter jurisdiction, typically one topic, and meets for such time as to complete a limited purpose. The Brown Act applies to all standing committee meetings and relevant staff ensure noticing requirements are met.

Appointments to external committees may include Western Riverside County Regional Conservation, Riverside County Habitat Conservation Agency Board, Riverside County Transportation Commission, Riverside Transit Agency, Western Riverside Council of Governments, League of California Cities, National League of Cities, and Pechanga Tribal Council Liaison among others.

The City Council makes appointments to its internal and external committees in January of each year.

Two members are publicly appointed to each committee by a majority vote of the Council. Members may be appointed based on interest, continuity, availability, and/or any other reason. Members serve for the full calendar year in which they are appointed. In the event of a vacancy, another member may be appointed by majority vote of the City Council when the vacancy occurs.

Stipends for Committees
There are no stipends provided by the City of Temecula for any committee service on internal ad hoc and/or standing committees. For external committees, the corresponding regional agency (i.e., Riverside Transit Agency, Riverside Conservation Authority, etc.) may provide a stipend per month and/or meeting for service on their respective committee. Such appointments and related stipends are reportable pursuant to Fair Political Practices Commission Regulation 18702.5. The City Clerk’s office is responsible for posting Form 806 listing paid appointed positions as required pursuant to law. 492

APPENDIX A

SUMMARY OF
RALPH M. BROWN ACT
493
Summary and Discussion of the Major Provisions of the Brown Act Text of the Ralph M. Brown Act
Updated including changes effective January 1, 2023
Summary of the Major Provisions and Requirements
of the Ralph M. Brown Act
Brown Act

HANDBOOK
Representing California public and private entities since 1954 494 Ralph M. Brown Act Page i
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Table of Contents
INTRODUCTION ............................................................................................................................................... iii PART ONE: SUMMARY OF THE MAJOR PROVISIONS AND REQUIREMENTS OF THE RALPH M.

BROWN ACT ...................................................................................................................................... 1 I. APPLICATION OF BROWN ACT TO “LEGISLATIVE BODIES” ......................................................... 2 II. DEFINITION OF “MEETING” ............................................................................................................... 3 III. EXCEPTIONS TO MEETING REQUIREMENT ...................................................................................... 3 A. The Individual Contact Exception ................................................................................... 4 B. The Seminar or Conference Exception ........................................................................... 4 C. The Community Meeting Exception ................................................................................ 4 D. The Other Legislative Body Exception............................................................................. 4 E. The Social or Ceremonial Occasion Exception ............................................................ 5 F. The Standing Committee Exception ............................................................................... 5 IV. PERMITTED LOCATIONS OF MEETINGS AND TELECONFERENCING ........................................... 5 A. Permitted Locations of Meetings ..................................................................................... 5 B. Teleconferencing ................................................................................................................ 5 1) Background on the COVID-19 pandemic ....................................................... 6 V. ADA COMPLIANCE ........................................................................................................................... 9 VI. SIMULTANEOUS OR SUCCESSIVE MEETINGS ................................................................................ 10 VII. SERIAL MEETINGS ............................................................................................................................. 10 A. Contacts with Staff ........................................................................................................... 11 B. Contacts with Constituents, Developers and Lobbyists ............................................ 12 C. Contacts with Fellow Members of the Same Legislative Body ................................ 13 D. Contacts on Social Media .............................................................................................. 13 VIII. NOTICE, AGENDA AND REPORTING REQUIREMENTS ................................................................ 14 A. Time of Notice and Content of Agenda ...................................................................... 14 B. Action and Discussion on Non-agenda Items............................................................. 17 495
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C. Reporting of Actions ......................................................................................................... 18 IX. PUBLIC PARTICIPATION ................................................................................................................... 18 A. Regular Meetings .............................................................................................................. 18 B. Public Comments at Special Meetings ........................................................................ 19 C. Limitations on the Length and Content of Public Comments ................................. 19 D. Additional Rights of the Public ....................................................................................... 20 X. CLOSED SESSIONS ........................................................................................................................... 22 XI. ENFORCEMENT ................................................................................................................................ 24 XII. CONCLUSION .................................................................................................................................. 25 PART TWO: THE RALPH M. BROWN ACT ................................................................................................... 24 496
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INTRODUCTION
This Handbook is prepared to provide you with a summary of the major provisions of California’s open meeting law for local governments – the Ralph M. Brown Act, including rules about calling and holding various types of meetings and closed sessions, as well as guidelines for how to avoid serial meetings. The second part contains the complete text of the Brown Act. This Handbook is designed for local government officials and staff and we hope you will find it useful. Should you have any questions about the information included in this Handbook, please do not hesitate to contact us. __________________________________________ Richards, Watson & Gershon 497
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SUMMARY OF THE MAJOR PROVISIONS
AND REQUIREMENTS OF THE RALPH M.

BROWN ACT
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Summary of the Major Provisions
and Requirements of the Ralph M. Brown Act
The Ralph M. Brown Act, more commonly known as the “Brown Act,” is California’s “sunshine” law for local government. The Brown Act is found in the California Government Code commencing with Section 54950. In a nutshell, the Brown Act requires local government business to be conducted at open and public meetings, except in certain limited situations. This Handbook briefly summarizes and discusses the major provisions of the Brown Act.

I. APPLICATION OF BROWN ACT TO
“LEGISLATIVE BODIES”
The requirements of the Brown Act apply to “legislative bodies” of local governmental agencies. The term “legislative body” is defined to include the governing body of a local agency (e.g., the city council or the board of supervisors) and any commission, committee, board, or other body of the local agency, whether permanent or temporary, decision-making or advisory, that is created by formal action of a legislative body. § 54952(a)-(b).

Standing committees of a legislative body, that have either “continuing subject matter jurisdiction” or a meeting schedule fixed by formal action of the legislative body, are also subject to the requirements of the Brown Act. Some common examples include the finance, personnel, or similar policy subcommittees of a legislative body. Standing committees exist to make routine, regular recommendations on a specific subject matter. These committees continue to exist over time and survive resolution of any one issue or matter. They are also a regular part of the governmental structure.

The Brown Act does not apply to “ad hoc” committees comprised solely of members of the legislative body that are less than a quorum of the body, provided these committees do not have a “continuing subject matter jurisdiction,” or a meeting schedule fixed by formal action of the legislative body. Such ad hoc committees are purely advisory; they generally serve only a limited or single purpose, are not perpetual, and are dissolved when their specific task is completed.