I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. ADDITIONS/MODIFICATIONS TO THE AGENDA
V. PUBLIC COMMENT
CITY OF SOLEDAD
JOINT CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AND SUCCESSOR
HOUSING AGENCY REGULAR MEETING AGENDA
WEDNESDAY, SEPTEMBER 4, 2024
CITY HALL, COUNCIL CHAMBERS
6:00 PM
The public meeting will open at 6:00 p.m.
https://cityofsoledad.zoom.us/j/81751611911
Or Call
1-669-900-6833 and use Meeting ID: 817 5161 1911
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-Sanchez
Councilmember Evarista Banuelos
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.
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 1 VI. COUNCIL PRESENTATIONS
1. A Proclamation of the City Council of the City of Soledad will be presented to Jacob's Heart Representative Edith Barron, Honoring Jacob's Heart Children's Cancer Support Services and Declaring the month of September Childhood Cancer Awareness Month.
2. A Proclamation of the City Council of the City of Soledad will be presented to Sun Street Centers South County Prevention Program Manager Maria Camacho recognizing the month of September as National Recovery Month.
3. A Certificate of Appreciation by the City Council of the City of Soledad will be presented to IPM Specialist for their generous support.
4. Newmark Retail California Senior Vice President John Lee will give a Soledad Marketplace Economic Development Update.
VII. CONSENT CALENDAR
1. Minutes
2. Warrants
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.
Attachments:
Staff Report
Attachments:
Staff Report
Attachments:
Staff Report
Attachments:
Staff Report
Soledad Marketplace Update
Attachments:
Staff Report
Minutes of 08.21.2024
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
055270 - 055392
Department Credit Card Logs
COUNCIL ACTION: ________________________________
2 3. Parks and Recreation Department Activity Report
4. Police Department Activity Report
5. Fire Department Activity Report
6. Community and Economic Development Department Activity Report
7. Public Works Activity Report
8. Human Resources Activity Report
9. Office of Community Engagement Report
Attachments:
Staff Report
July 24.pdf
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Police Department Activity Report
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
8.2024 Call Volume.pdf
Soledad Activity Report 8.2024.pdf
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Building Permits Issued Aug. 2024
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Photos
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
3 10. Accept an Update on the Emergency Declaration Regarding the City's Water System from the July 31, 2024 Soledad City Council Meeting and Continue the Emergency Declaration by Minute Motion
11. Resolution No. 6149, A Resolution of the City Council of the City of Soledad Approving:
1. Consulting Services Agreement Task Order No. 2 in the Amount of $24,270 with 360 PSM to Provide DIR Labor Compliance Support Services for the Community Center Building Modernization Project and
2. Consulting Services Agreement Task Order No. 3 in the Amount of $23,472 With 360 PSM to Provide DIR Labor Compliance Support Services for the Front Street Maintenance Project and Authorizing the City manager to Execute Said Task Orders on Behalf of the City of Soledad
12. Resolution No. 6151, A Resolution of the City Council of the City of Soledad Approving Consultant Services Agreement with Mark Miller & Associates in the Amount not to Exceed $32,500 for Design Services for Soledad CIP #S01 – Manholes Rehabilitation/Replacement Project, and Authorizing the City Manager to Execute said Agreement on Behalf of the City of Soledad
13. Resolution No. 6152, A Resolution of the City Council of the City of Soledad Approving an Amendment to Consulting Services Agreement Task Order No. 2 with In Studio Architecture for $20,000 to Provide Additional Construction Management Support Services For a Total Amount Not to Exceed Amount of $75,000 for the Soledad Fire Department Aerial Apparatus Bay Project and Authorizing the City Manager to Execute Said Task Order Amendment on Behalf of the City of Soledad
White Paper - YPAR City Council
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Resolution No. 6149
Exhibit A - TO. 2 with Proposal
Exhibit B - TO. 3 with Proposal
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Resolution No. 6151
Exhibit A
COUNCIL ACTION: ________________________________
4 14. Resolution No. 6153, A Resolution of the City Council of the City of Soledad Approving Sponsorship and Street Closure of Front Street Between Main Street and Soledad Street for the 5th Annual Spook Fest
15. Resolution No. 6154, A Joint Resolution of the City Council of the City of Soledad/City Council As Board to the Successor Agency to the Soledad Redevelopment Agency/Board of the Soledad Successor Housing Agency/Soledad Housing Authority Executive Board Approving Amendment No. 1 to the Employment Agreement for City Manager/Successor Agency Director/Successor Housing Agency Director/Housing Authority Executive Director Services with Megan Hunter
16. Joint Resolution No. 6155/SHA 2024-01, A Joint Resolution of the City Council of the City of Soledad and the Housing Authority of the City of Soledad Approving the Extension of RBC Community Investments’ Loans and a Consent for the Transfer of RBC Community Investments’ Limited Partner Interest in the Benito FLC Partnership and Benito Street Partnership to the Monterey County Housing Authority Development Corporation VIII. BUSINESS
1. Resolution No. 6156, A Resolution of the City Council of the City of Soledad Approving In-Kind City Services, Waiving Special Event Fees, Approving Street Closure of Front Street Between Main Street and Soledad Street for the Inaugural Soledad Vine & Dine: A Food and Wine Experience
Attachments:
Staff Report
Resolution No. 6152
Exhibit A - TO 2 Amendement No. 1
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Resolution_No._6153
2024 Spookfest Map
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Resolution No. 6154
Exhibit A
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Resolution No. 6155/SHA-2024-01
Exhibit A - Loan Document Modification and Reaffirmation Agreement.docx Exhibit B - Consent
COUNCIL ACTION: ________________________________
5 2. Receive Report on Prioritization of Community Access to City of Soledad Sports Field Facilities
3. Resolution No. 6158, A Resolution of the City Council of the City of Soledad Designating a Voting Delegate and Alternates for the League of California Cities Annual Conference and Expo and Directing Staff to Submit Names of the Delegates by September 25th
4. Creation of the Soledad City Council Legislative Committee
5. Status Update on American Rescue Plan Act Projects and Recommended Modifications
6. Resolution No. 6150, A Resolution of the City Council of the City of Soledad Approving a Contract Change Order for Construction Services with David Construction & Management, Inc in the Amount of $230,870 Plus a 10% Contingency for a Total Not-to-Exceed Amount of $253,957 for the Soledad Community Center Building Modernization Project and Authorizing the City Manager to Execute said Contract Change Order and Task Order Amendment on Behalf of the Attachments:
Staff Report
Resolution No. 6156
2024 Soledad Vine & Dine TUP
2024 Soledad Vine & Dine PD SPECIAL EVENTS
2024 Soledad Vine & Dine PARK USE
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
City of Soledad Sports Field Use and Mainte (1).pdf
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Resolution No. 6158
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
06-18-2024 LAC Agenda
08-13-24 City of Soledad Legislative Subcommittee Agenda Memo COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Attachment 1 - Revised ARPA Allocation
COUNCIL ACTION: ________________________________
6 City of Soledad
Resolution No. 6157, A Resolution of the City Council of the City of Soledad Approving an Amendment to Consulting Services Agreement Task Order No. 1 with In Studio Architecture for $20,000 for a Total Contract Amount Not to Exceed $150,000 to Provide Additional Construction Management Support Services for the Soledad Community Center Building Modernization Project and Authorizing the City Manager to Execute said Contract Change Order and Task Order Amendment on Behalf of the City of Soledad
IX. MAYOR'S REPORTS AND ACKNOWLEDGEMENTS
X. COUNCILMEMBERS' REPORTS AND ACKNOWLEDGEMENTS
XI. CITY MANAGER'S REPORT
XII. FUTURE AGENDA ITEMS
XIII. ADJOURNMENT
Attachments:
Staff Report
Resolution No. 6150
Exhibit A - Change Order No 3
Resolution No. 6157
Exhibit B- ISA TO. 1 Amendment No. 1 Proposal
COUNCIL ACTION: ________________________________
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 7 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 08/30/2024
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, August 30, 2024, at 5:00 p.m.
Megan Hunter, City Clerk/Manager
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. ADDITIONS/MODIFICATIONS TO THE AGENDA
V. PUBLIC COMMENT
CITY OF SOLEDAD
JOINT CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AND SUCCESSOR
HOUSING AGENCY REGULAR MEETING AGENDA
WEDNESDAY, SEPTEMBER 4, 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.
https://cityofsoledad.zoom.us/j/81751611911
Or Call
1-669-900-6833 and use Meeting ID: 817 5161 1911
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-Sanchez
Councilmember Evarista Banuelos
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.
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 1 VI. COUNCIL PRESENTATIONS
1. A Proclamation of the City Council of the City of Soledad will be presented to Jacob's Heart Representative Edith Barron, Honoring Jacob's Heart Children's Cancer Support Services and Declaring the month of September Childhood Cancer Awareness Month.
2. A Proclamation of the City Council of the City of Soledad will be presented to Sun Street Centers South County Prevention Program Manager Maria Camacho recognizing the month of September as National Recovery Month.
3. A Certificate of Appreciation by the City Council of the City of Soledad will be presented to IPM Specialist for their generous support.
4. Newmark Retail California Senior Vice President John Lee will give a Soledad Marketplace Economic Development Update.
VII. CONSENT CALENDAR
1. Minutes
2. Warrants
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.
Attachments:
Staff Report
Attachments:
Staff Report
Attachments:
Staff Report
Attachments:
Staff Report
Soledad Marketplace Update
Attachments:
Staff Report
Minutes of 08.21.2024
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
055270 - 055392
Department Credit Card Logs
COUNCIL ACTION: ________________________________
2 3. Parks and Recreation Department Activity Report
4. Police Department Activity Report
5. Fire Department Activity Report
6. Community and Economic Development Department Activity Report
7. Public Works Activity Report
8. Human Resources Activity Report
9. Office of Community Engagement Report
Attachments:
Staff Report
July 24.pdf
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Police Department Activity Report
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
8.2024 Call Volume.pdf
Soledad Activity Report 8.2024.pdf
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Building Permits Issued Aug. 2024
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Photos
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
3 10. Accept an Update on the Emergency Declaration Regarding the City's Water System from the July 31, 2024 Soledad City Council Meeting and Continue the Emergency Declaration by Minute Motion
11. Resolution No. 6149, A Resolution of the City Council of the City of Soledad Approving:
1. Consulting Services Agreement Task Order No. 2 in the Amount of $24,270 with 360 PSM to Provide DIR Labor Compliance Support Services for the Community Center Building Modernization Project and
2. Consulting Services Agreement Task Order No. 3 in the Amount of $23,472 With 360 PSM to Provide DIR Labor Compliance Support Services for the Front Street Maintenance Project and Authorizing the City manager to Execute Said Task Orders on Behalf of the City of Soledad
12. Resolution No. 6151, A Resolution of the City Council of the City of Soledad Approving Consultant Services Agreement with Mark Miller & Associates in the Amount not to Exceed $32,500 for Design Services for Soledad CIP #S01 – Manholes Rehabilitation/Replacement Project, and Authorizing the City Manager to Execute said Agreement on Behalf of the City of Soledad
13. Resolution No. 6152, A Resolution of the City Council of the City of Soledad Approving an Amendment to Consulting Services Agreement Task Order No. 2 with In Studio Architecture for $20,000 to Provide Additional Construction Management Support Services For a Total Amount Not to Exceed Amount of $75,000 for the Soledad Fire Department Aerial Apparatus Bay Project and Authorizing the City Manager to Execute Said Task Order Amendment on Behalf of the City of Soledad
White Paper - YPAR City Council
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Resolution No. 6149
Exhibit A - TO. 2 with Proposal
Exhibit B - TO. 3 with Proposal
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Resolution No. 6151
Exhibit A
COUNCIL ACTION: ________________________________
4 14. Resolution No. 6153, A Resolution of the City Council of the City of Soledad Approving Sponsorship and Street Closure of Front Street Between Main Street and Soledad Street for the 5th Annual Spook Fest
15. Resolution No. 6154, A Joint Resolution of the City Council of the City of Soledad/City Council As Board to the Successor Agency to the Soledad Redevelopment Agency/Board of the Soledad Successor Housing Agency/Soledad Housing Authority Executive Board Approving Amendment No. 1 to the Employment Agreement for City Manager/Successor Agency Director/Successor Housing Agency Director/Housing Authority Executive Director Services with Megan Hunter
16. Joint Resolution No. 6155/SHA 2024-01, A Joint Resolution of the City Council of the City of Soledad and the Housing Authority of the City of Soledad Approving the Extension of RBC Community Investments’ Loans and a Consent for the Transfer of RBC Community Investments’ Limited Partner Interest in the Benito FLC Partnership and Benito Street Partnership to the Monterey County Housing Authority Development Corporation VIII. BUSINESS
1. Resolution No. 6156, A Resolution of the City Council of the City of Soledad Approving In-Kind City Services, Waiving Special Event Fees, Approving Street Closure of Front Street Between Main Street and Soledad Street for the Inaugural Soledad Vine & Dine: A Food and Wine Experience
Attachments:
Staff Report
Resolution No. 6152
Exhibit A - TO 2 Amendement No. 1
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Resolution_No._6153
2024 Spookfest Map
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Resolution No. 6154
Exhibit A
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Resolution No. 6155/SHA-2024-01
Exhibit A - Loan Document Modification and Reaffirmation Agreement.docx Exhibit B - Consent
COUNCIL ACTION: ________________________________
5 2. Receive Report on Prioritization of Community Access to City of Soledad Sports Field Facilities
3. Resolution No. 6158, A Resolution of the City Council of the City of Soledad Designating a Voting Delegate and Alternates for the League of California Cities Annual Conference and Expo and Directing Staff to Submit Names of the Delegates by September 25th
4. Creation of the Soledad City Council Legislative Committee
5. Status Update on American Rescue Plan Act Projects and Recommended Modifications
6. Resolution No. 6150, A Resolution of the City Council of the City of Soledad Approving a Contract Change Order for Construction Services with David Construction & Management, Inc in the Amount of $230,870 Plus a 10% Contingency for a Total Not-to-Exceed Amount of $253,957 for the Soledad Community Center Building Modernization Project and Authorizing the City Manager to Execute said Contract Change Order and Task Order Amendment on Behalf of the Attachments:
Staff Report
Resolution No. 6156
2024 Soledad Vine & Dine TUP
2024 Soledad Vine & Dine PD SPECIAL EVENTS
2024 Soledad Vine & Dine PARK USE
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
City of Soledad Sports Field Use and Mainte (1).pdf
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Resolution No. 6158
COUNCIL ACTION: ________________________________
Attachments:
Staff Report
06-18-2024 LAC Agenda
08-13-24 City of Soledad Legislative Subcommittee Agenda Memo COUNCIL ACTION: ________________________________
Attachments:
Staff Report
Attachment 1 - Revised ARPA Allocation
COUNCIL ACTION: ________________________________
6 City of Soledad
Resolution No. 6157, A Resolution of the City Council of the City of Soledad Approving an Amendment to Consulting Services Agreement Task Order No. 1 with In Studio Architecture for $20,000 for a Total Contract Amount Not to Exceed $150,000 to Provide Additional Construction Management Support Services for the Soledad Community Center Building Modernization Project and Authorizing the City Manager to Execute said Contract Change Order and Task Order Amendment on Behalf of the City of Soledad
IX. MAYOR'S REPORTS AND ACKNOWLEDGEMENTS
X. COUNCILMEMBERS' REPORTS AND ACKNOWLEDGEMENTS
XI. CITY MANAGER'S REPORT
XII. FUTURE AGENDA ITEMS
XIII. ADJOURNMENT
Attachments:
Staff Report
Resolution No. 6150
Exhibit A - Change Order No 3
Resolution No. 6157
Exhibit B- ISA TO. 1 Amendment No. 1 Proposal
COUNCIL ACTION: ________________________________
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 7 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 SUBJECT: A Proclamation of the City Council of the City of Soledad will be presented to Jacob's Heart Representative Edith Barron, Honoring Jacob's Heart Children's Cancer Support Services and Declaring the month of September Childhood Cancer Awareness Month.
TO: Honorable Mayor Velazquez and City Council
FROM: Jesus Valenzuela, Community Engagement Manager
COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager
MEETING
DATE: September 4, 2024
AGENDA ITEM NO. 1.
9 SUBJECT: A Proclamation of the City Council of the City of Soledad will be presented to Sun Street Centers South County Prevention Program Manager Maria Camacho recognizing the month of September as National Recovery Month.
TO: Honorable Mayor Velazquez and City Council
FROM: Jesus Valenzuela, Community Engagement Manager
COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager
MEETING
DATE: September 4, 2024
AGENDA ITEM NO. 2.
10 SUBJECT: A Certificate of Appreciation by the City Council of the City of Soledad will be presented to IPM Specialist for their generous support.
TO: Honorable Mayor Velazquez and City Council
FROM: Darlene Noriega, Deputy City Clerk
COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager
MEETING
DATE: September 4, 2024
AGENDA ITEM NO. 3.
11 SUBJECT: Newmark Retail California Senior Vice President John Lee will give a Soledad Marketplace Economic Development Update.
TO: Honorable Mayor Velazquez and City Council
FROM: Kao Nou Yang, Community & Economic Development Director
COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager
MEETING
DATE: September 4, 2024
AGENDA ITEM NO. 4.
12 Soledad Marketplace Update
Presented by John Lee
13 14
SUBJECT: Minutes
TO: Honorable Mayor Velazquez and City Council
FROM: Darlene Noriega, Deputy City Clerk
COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager
MEETING
DATE: September 4, 2024
AGENDA ITEM NO. 1.
15 Minutes
City of Soledad
Joint City Council/Successor Agency/Housing Authority/Successor Housing Agency/ Regular Meeting
August 21, 2024
CALL TO ORDER
Mayor Pro Tem Corralejo Called the Joint City Council/ Successor Agency/ Housing Authority/ Successor Housing Agency/ Regular Meeting to order at 5:38 p.m.
ROLL CALL
The Following Councilmembers/Agency members were present when the meeting was called to order:
Mayor/Chair Anna M. Velazquez – Arrived at 5:44 p.m.
Mayor Pro Tem/Vice Chair Maria Corralejo
Councilmember/Agency Member Fernando Cabrera
Councilmember/Agency Member Fernando Ansaldo-Sánchez
Councilmember/Agency Member Evarista Bañuelos – Arrived at 5:39 p.m.
THE FOLLOWING COUNCILMEMBER WAS ABSENT
None
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None
CLOSED SESSION
1. The City Council will recess to Closed Session to consider personnel matters pursuant to Government Code Section 54957(B)(1) - City Manager Evaluation.
2. The City Council will recess to closed session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party: Claim of Compos / Landeros.
MEETING RECESS TO CLOSED SESSION
Mayor Pro Tem Corralejo recessed to closed session at 5:39 p.m.
MEETING RECONVIENED FROM CLOSED SESSION
Mayor Velazquez reconvened the meeting at 6:50 p.m.
16 City of Soledad City Council/Successor Agency Regular Meeting Minutes of August 21, 2024.
CLOSED SESSION REPORTS
City Attorney Mike Rodriquez reported with respect to item no. 1, The council completed the City Manager evaluation. Direction was provided to legal counsel. No reportable action was taken.
City Attorney Mike Rodriquez reported with respect to item no. 2, the council unanimously rejected the claim and provided direction to legal counsel. No other reportable action was taken.
PLEDGE OF ALLIGIANCE
Chief of Police Damon Wasson led the Pledge of Allegiance
ADDITIONS/MODIFICATIONS TO THE AGENDA
City Manager Hunter requested the following modification be made to the agenda:
Per the discussion of the Council Rules and Procedures subcommittee, the councilmember reports and acknowledgements are combined, and the section of councilmember praises will be skipped on the agenda.
PUBLIC COMMENT
District Representative for Senator Caballero Marisa Hernandez announced the Young Legislators Program has now been completed with a total of fifty-seven students from District 14. Student Sophia Hernandez also gave comment regarding her participation in the program.
YOUTH COUNCIL REPORT
Youth Intern Yessica Ornelas and Youth Council representatives Melissa De Anda, Liliana Negrette, and Rodrigo Chavez gave a presentation regarding YPAR and updates from throughout the year.
PRESENTATIONS
1. 3CE Senior Customer Accounts Manager Judi Young presented a brief quarterly update presentation.
2. Salinas Valley Basin Groundwater Sustainability Agency Senior Consultant General Manager Piret Harmon presented a brief presentation update.
CONSENT CALENDAR
There were no public comments.
City Manager Hunter asked that a correction be made to the time of adjournment for the Council meeting that took please on 08/07/2024.
17 City of Soledad City Council/Successor Agency Regular Meeting Minutes of August 21, 2024.
Councilmember Ansaldo-Sanchez requested to have separate discussion regarding item number C-4.
Mayor Pro Tem Corralejo requested to have separate discussion regarding item number C-5.
Mayor Velazquez requested to have separate discussion regarding item numbers C-4 and C-5.
Motion: Councilmember Cabrera made motion to approve items C-1, C-2, and C-3. Motion was seconded by Councilmember Ansaldo-Sánchez and carried by unanimous vote:
Action
Ayes: Cabrera, Ansaldo-Sánchez, Bañuelos, Corralejo, Velazquez Noes: None
Abstain: None
Absent: None
C-1a. Joint City Council/Successor Agency Special Meeting Minutes of 07/31/2024 C-1b. Joint City Council/Successor Agency Regular Meeting Minutes of 08/07/2024 C-2. Warrants 055136 - 055242
C-3. Resolution No. 6142, a Resolution of the City Council of the City of Soledad Approving the Application for Grant Funds for the Youth Community Access Grant Program for $145,930 and Authorizing the City Manager to Execute an Agreement with the State of California on Behalf of the City if Awarded.
Motion: Mayor Pro Tem Corralejo made motion to approve items C-4 and C-5. Motion was seconded by Councilmember Bañuelos and carried by unanimous vote:
Action
Ayes: Corralejo, Bañuelos, Cabrera, Ansaldo-Sánchez, Velazquez Noes: None
Abstain: None
Absent: None
C-4. Resolution No. 6143, a Resolution of the City of Soledad Establishing a New On-Call Consultant List of Professional Services
Assistant Engineer Alex Romos presented the staff report for Consent item No. C-4.
C-5. Resolution No. 6144, A Resolution of the City Council of the City of Soledad Declaring Surplus Equipment and Authorizing the Sale, Donation or Disposal of Such Property City Manager Megan Hunter presented the staff report for Consent item No. C-5. Police Chief Wasson was also present in the meeting to clarify the information. 18 City of Soledad City Council/Successor Agency Regular Meeting Minutes of August 21, 2024.
PUBLIC HEARING NO. 1
PH-1. Ordinance No. 771, An Ordinance of the City Council of the City of Soledad Increasing Council Compensation
City Attorney Mike Rodriquez presented the staff report.
Public Hearing opened at 7:49 p.m.
Ther were no public comments.
Public Hearing closed at 7:50 p.m.
Council members had numerous comments.
Motion: Councilmember Ansaldo-Sánchez made motion to waive reading, adopt and read by title only Ordinance No. 771. Motion was seconded Councilmember Cabrera and carried by the following vote:
Action
Ayes: Ansaldo-Sánchez, Cabrera, Bañuelos, Velazquez
Noes: Corralejo
Abstain: None
Absent: None
PUBLIC HEARING NO. 2
PH-2. Public Hearing Before the Soledad City Council For Discussion of Possible Community Development Block Grant (CDBG) Applications For The 2024 Funding Cycle Public Hearing Community & Economic Development Director Kao Nou Yang presented the staff report.
Housing Analyst Beatriz Trujillo also provided supportive information.
Independent Contractor Susan Long was present via Zoom, available to answer any questions.
Economic Development Consultant Angel Johnstone was present via Zoom, available to answer any questions.
Public Hearing opened at 8:18 p.m.
Ther were no public comments.
Public Hearing closed at 8:19 p.m.
Council members had numerous comments.
Council Action:
No action was taken.
Information was received by the City Council, and direction was provided to staff. 19 City of Soledad City Council/Successor Agency Regular Meeting Minutes of August 21, 2024.
BUSINESS
1. Resolution No. 6147, A Resolution of the City Council of the City of Soledad Approving and Authorizing the City Manager to Execute Subrecipient Agreements with The County of Monterey for the Encampment Resolution Funding Program - Round 3 (ERF-3) in an Amount not to Exceed $2,500,000
Housing Analyst Beatriz Trujillo presented the staff report.
There were no public comments.
Council members had numerous questions and comments.
Mayor Velazquez thanked the State of California, the County of Monterey, Monterey County District 3 Supervisor Lopez, and Monterey County Homeless Services Director Roxanne Wilson for the support provided.
Motion: Councilmember Cabrera made motion to approve Resolution No. 6147. Motion was seconded by Mayor Pro Tem Corralejo and carried by unanimous vote:
Action
Ayes: Cabrera, Corralejo, Bañuelos, Alsado-Sánchez, Velazquez Noes: None
Abstain: None
Absent: None
2. Resolution No. 6146, A Resolution of the City Council of the City of Soledad Providing for the appointment of Nominated City Officers as if Elected at the November 5, 2024, City of Soledad General Municipal Election
City Attorney Mike Rodriquez presented the staff report.
Community member Sam Gomez is opposed to Resolution 6146, and would like to continue to have the names on the ballot.
Council members had numerous questions and comments.
Motion: Councilmember Cabrera made motion to adopt Resolution 6146. Motion was seconded by Mayor Pro Tem Corralejo and carried by the following vote:
Action
Ayes: Cabrera, Corralejo, Alsado-Sánchez, Velazquez
Noes: Bañuelos
Abstain: None
Absent: None
20 City of Soledad City Council/Successor Agency Regular Meeting Minutes of August 21, 2024.
3. Resolution No. 6145, a Resolution of the City Council of the City of Soledad Approving a Contract for Construction Services with Monterey Peninsula Engineering in the Amount of $858,343 Plus 10% Contingency ($85,834) for a Total Not to Exceed Amount of $944,177 for the Soledad Fire Department (CALFIRE) Aerial Apparatus Bay Project Phase 2 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. 6145. Motion was seconded by Councilmember Bañuelos and was carried by unanimous vote:
Action
Ayes: Ansaldo-Sánchez, Bañuelos, Cabrera, Corralejo, Velazquez Noes: None
Abstain: None
Absent: None
4. Resolution No. 6148, A Resolution of the City Council of the City of Soledad Approving an Agreement with Tope’s Tree Service for Tree Trimming and Limited Removal and Replacement in an Amount Not to Exceed $165,000, Authorizing the Use of the City’s In-Lieu Purchase Exception, and Authorizing the City Manager to Execute Said Contract on Behalf of the City of Soledad
City Manager Hunter presented the staff report.
There were no public comments.
Mayor Velazquez suggested the City of Soledad establish a Tree Maintenance Plan, and have it as part of the budget, similar to what King City has done. Having a plan will help staff and the council be able to review the item every year in the budget process.
Motion: Councilmember Bañuelos made motion to adopt Resolution 6148. Motion was seconded by Councilmember Cabrera and carried by unanimous vote:
Action
Ayes: Bañuelos, Cabrera, Alsado-Sánchez, Corralejo, Velazquez Noes: None
Abstain: None
Absent: None
MAYOR’S ANNOUNCEMENTS AND REPORTS
1. She participated in a meeting with City Manager Hunter, Community Engagement Manager Jesus Valenzuela, and Townsend to discuss a plan for the Legislative Ad hoc Committee.
2. On 08/12 she participated in the Affordable Housing Ad hoc Subcommittee meeting. 21 City of Soledad City Council/Successor Agency Regular Meeting Minutes of August 21, 2024.
3. On 08/12 she participated in a meeting with MST, City Manager Hunter, and City staff, to talk about bus stop routes in Soledad.
4. On 08/14 she participated in a meeting with AMBAG regarding the regional growth forecast.
5. On 08/21 she attended the Monterey Bay Area Resource District 50th Anniversary.
6. She congratulated her son Gabriel who has started San Jose State University.
COUNCILMEMBERS’ ACKNOWLEDGEMENTS AND REPORTS
Councilmember Cabrera had 1 item to report:
1. He congratulated his daughter and wife who are attending CSUMB this year.
Councilmember Ansaldo-Sánchez had 1 item to report:
1. He congratulated his sister who will be starting Sacramento State University.
Mayor Pro Tem Corralejo had 9 items to report:
1. She attended the first Podcast by the Soledad Youth Council Commissioners. The podcast will be uploaded to YouTube.
2. On 08/06 she attended the City of Soledad National Night Out.
3. On 08/02 she attended the grand opening for Birrieria Sinaloa.
4. On 08/08 she attended a meeting with Arranque Empresarial, who interested in coming to Soledad.
5. On 08/12 she attended the Affordable Housing Ad hoc Subcommittee.
6. On 08/14 she attended the Soledad Chamber mixer.
7. She was invited by a Greenfield Councilmember to volunteer at the Hot Thanksgiving Meal.
8. She will no longer be able to serve as the alternate for the Salinas Valley Waste Management.
9. She praised staff and IPM Specialist Pest Control for donating their services daily.
Mayor Velazquez requested that an alternate be appointed to the Salinas Valley Solid Waste Authority as soon as possible to make sure there is a representative.
Councilmember Bañuelos had 4 items to report:
1. She attended the Cemetery Board meeting; a Ground Keeper and a General Manager have now been hired for the cemetery.
2. She participated in the Monterey County Veterans Parade Committee.
3. She praised staff and IPM Specialist Pest Control for donating their services daily.
4. She acknowledged her brother Albert for his bravery.
CITY MANAGERS’ REPORT
City Manager Hunter reported 9 items:
1. Well #11 pump has been shipped out for rebuild, Well #11 is still down.
2. A tentative quote for a well pump of $80,000 has been received.
3. She thanked Chief Wasson, City Attorney Mike Rodriquez, and Code Enforcement Officer Philip Celaya for taking on the challenge of the rat abatement.
4. She also thanked IPM Specialist Pest Control for donating their services.
5. She will be mailing out a letter of intent for charging stations.
6. There is an active mural survey being circulated.
7. The City is working with SPCA to extend the contract. Because of the increase in prices, the City may not be able to continue with cat services.
22 City of Soledad City Council/Successor Agency Regular Meeting Minutes of August 21, 2024.
8. She will be attending the ICMA Conference in September, however she will be reachable.
FUTURE AGENDA ITEMS
Councilmember Cabrera did not request any future agenda items.
Councilmember Ansaldo-Sánchez requested 1 future agenda item:
1. He would like to move forward with discussing tenant protections and rent control.
Mayor Pro Tem Corralejo requested 1 future agenda item:
1. She would like the council to participate in the Thanksgiving Hot Meal event.
Councilmember Banuelos requested 1 future agenda item:
1. She would like the City to partner with the Christmas committee to move forward with having a Christmas event.
Mayor Velazquez requested 3 future agenda items:
1. She would like to have an update on the pro housing designation.
2. She would like Economic Development to provide an update regarding what businesses are coming to Soledad. She would like to have a townhall with the Community about what the City can and cannot control related to economic development.
3. She would like to have a discussion regarding the development of an Arts Ad Hoc Committee.
ADJOURNMENT
Meeting adjourned at 10:31 p.m.
Minutes Approved: September 04, 2024
_______________________________________
ANNA M. VELAZQUEZ, Mayor/Chair
________________________________________
MEGAN HUNTER, City Manager
23 SUBJECT: Warrants
TO: Honorable Mayor Velazquez and City Council
FROM: Mike Howard, Finance Director
COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager
MEETING
DATE: September 4, 2024
AGENDA ITEM NO. 2.
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
SUBJECT: Parks and Recreation Department Activity Report TO: Honorable Mayor Velazquez and City Council
FROM: Jessica Potts, Parks and Recreation Director
COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager
MEETING
DATE: September 4, 2024
AGENDA ITEM NO. 3.
72 Fitness Gym Total Usage
51 177 228
208 385 593
0 0 0
971 971
699 699
8 8
0 53 53
48 48
41 41
2079 562 2641
32 30
106
136
0 0
58 52
12 0
426
Fitness Gym
114
6 79
3 19
18 16
255 0
* (# of individuals based on a family size of 4)
PROGRAMS OF NOTE
Adult – Membership
Adult – Couple
Teen – Membership
Youth – Membership
Youth Mini – Membership
Senior – Membership
Family – Membership*
Employee
Totals
July 31, 2024 Active Memberships Total 255
Fitness Classes
Adult Activities: Volleyball League (Weekly Games)
Senior Activities: Social (monthly program- ttl), Cooking Class, Outdoor Art, Bingo, Fitness Special Event/Activity: Park Pop-up (Lg events Attend unknown) City Sponsored/Waiver: (Celebration Nation-monthly)
School District Use: K
City Use/SPR Partner: (4th of July, Hot Summer Days, )
**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 July 2024 Usage 2641
Program Report
Programs/Outreach (Registered Participants)
Pre-K Programming (Art & Science, Jr. Sports): Ages 2-5 (weekly-reg) Youth Programming (Art & Science & Drama): Ages 6-17 (weekly-reg) Camp: Ages 5-12 (daily/weekly-seasonal. Camp-30 max-ttl) Youth Sports: (5-13, Co-Ed, wkly practice & games- reg) (Basketball) Senior – Membership
Recreation Staff Report
July 2024
Memberships & Drop-In Usage
Adult – Drop-in
Youth & Teen – Drop-in
Senior – Drop-in
Adult – Membership
Teen – Membership
Youth – Membership
Youth Mini – Membership
73 -
-
-
-
COLLABORATIONS/OUTREACH/GENERAL
-
-
-
-
-
-
-
-
FACILITIES Council Waiver City/SPR
Use Rented
Sports Fields - Little League, Softball, Soccer Orgs, SMRD 132 0 243.5 SCC Facility-YPAR Meeting, Celebration Nation 3 2 6
Booked Completed Pending
General Public Event Rentals 0 1 1
Summer Camp PD Collaboration Hot Summer Days SPR Activity Area Kitchen Remodel Starts Non-working ADA Lift Removed
Hours Used
Work with Townsend to prepare grant for Community Access Grant for a youth travel program Presented to YPAR regarding recreation and safety in open spaces Meet with First Tee of Monterey regarding program partnership opportunties.
Attending the City Leadership Series workshop
Met with Little League to finalize season facility use and plans for ongoing maintenance.
General operations, facilities upkeep, staff management SPR Break Camp Spy Week. Partnership with the Soledad PD to provide a day of fun learning about crime investigations, playing games, and getting to know our Police Department.
SPR recreation Pop-up in the Park at San Antonio Park. Free monthly recreation in your neighborhood event Introduce new and continued ongoing monthly program sessions Community Center and Kitchen Modernization project construction began. Weekly OAC meetings Continued meeting with San Andreas Regional Center regarding Fall Superhero Festival Senior Programs: Monthly Free SoCoSocial Luncheon, Free senior cooking class and low impact fitness class in partnership with Monterey County Health Department, Art to You - we take an art project to the senior living facility and provide it to them at no charge
74 SUBJECT: Police Department Activity Report
TO: Honorable Mayor Velazquez and City Council
FROM: Damon Wasson, Chief of Police
COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager
MEETING
DATE: September 4, 2024
AGENDA ITEM NO. 4.
75 76
77 78
79 80
81 82
SUBJECT: Fire Department Activity Report
TO: Honorable Mayor Velazquez and City Council
FROM: Jason Luckenbach, Battalion Chief
COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager
MEETING
DATE: September 4, 2024
AGENDA ITEM NO. 5.
83 Station 37 - Call Volume
18 105
10 6
10 149
15 114
13 4
5 151
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 15 114 13 4 5 151
2023 18 105 10 6 10 149
JULY 31ST - AUGUST 27TH
Current 2023
84 City of Soledad Fire Department
525 Monterey Street, Soledad, CA 93960
STAFF REPORT
July 30th, 2024
To: Mayor and City Council
From: Jason Luckenbach, Battalion Chief
Subject: Activity Report – August 2024
Significant Incidents:
July 30th, 2024 -10 acre vegetation fire at the end of Bryant Canyon Road. Fire is under investigation.
August 21st, 2024 – 1 acre vegetation fire that damaged an outbuilding and a horse trailer at the end of Bryant Canyon Road at the base of the foothills. 85 BUSINESS INSPECTIONS / PRE-PLANS:
(16) Business Inspections have been completed
(5) Re-Inspections completed
(4) Fire Department Pre-Plans completed
HYDRANT TESTING:
(12) Hydrants Tested in the month of July.
PUBLIC RELATION EVENTS:
August 1st – 25 kids came to the Fire Station for a station tour from the Community Recreation Center
August 6th – E37 crew attended the National Night Out event hosted by the Soledad Police Department.
SUSPECTED OPIOID INCIDENTS:
***No suspected Opioid Incidents ran by the Fire Department in July 86 SUBJECT: Community and Economic Development Department Activity Report TO: Honorable Mayor Velazquez and City Council
FROM: Kao Nou Yang. Community & Economic Development Director
COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager
MEETING
DATE: September 4, 2024
ECONOMIC DEVELOPMENT DIVISION UPDATES:
CDBG BUSINESS ASSISTANCE LOAN PROGRAM
The Business Assistance Loan Program currently has $452,500 in available funding, with no active applications under review at this time. To increase awareness and participation, staff will be conducting a workshop in September. This session will provide a comprehensive overview of the program and offer guidance on the application process.
In preparation for the upcoming 2024 CDBG Notice of Funding Availability (NOFA), staff held the first public hearing during the Council Meeting on August 21, 2024. The NOFA is expected to be released by the end of August 2024.
BUSINESS ENGAGEMENT
Staff conducted a comprehensive walk-through of the Front Street corridor, accompanied by representatives from public works, building, code enforcement, and economic development. The primary objective was to inform businesses about the upcoming Front Street Improvement Project. This walk-through also provided an opportunity to assess the exterior conditions and ensure compliance with the Downtown Specific Plan for businesses within the corridor. Staff will follow up with each business individually to discuss specific findings and offer guidance on how to address any issues.
ART MURAL PROJECT – CESAR CHAVEZ PARK
In collaboration with the Arts Council for Monterey County, staff has received the first draft of the proposed murals for three structures at Cesar Chavez Park. To ensure community involvement, a survey has been released, inviting all Soledad residents to provide feedback on the murals until August 30th. Once collected, the results will be shared with the Arts Council and the artist. This process aims to ensure that the murals reflect the true spirit and vision of the Soledad community.
SMALLBUSINESS DEVELOPMENT CENTER
AGENDA ITEM NO. 6.
87 The Small Business Development Center (SBDC) Satellite Office continues to offer its services every Monday from 9:00 AM to 4:00 PM, providing valuable support to local businesses.
SOLEDAD CONTAINER VILLAGE PROJECT
To keep the community informed about the progress of the Soledad Container Village Project, staff has created a dedicated webpage. This platform provides residents with upto-date information on recent developments and actions taken on this proposed project.
HOUSING DIVISION UPDATES:
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.
On August 21st, the City Council authorized the City Manager to finalize and execute the subrecipient agreements to receive up to $2.5 million for the development of a low barrier navigation center, create a Homeless Outreach Coordinator position and a new Motel Voucher Program. All these services will be for the unsheltered residents that were identified in January and February of 2024.
2023-2031 HOUSING ELEMENT CERTIFICATION
On August 7th 2024 the City Council adopted the 2023-2031 Housing Element. On August 23rdHCD certified the adoption of the 2023-2031 Housing Element.
TRANSITIONALAGED YOUTH CAMPUS
The Housing Division has been supporting the Monterey County Housing Authority Development Corporation (MCHAD) with the purchase of a Las Viviendas fourplex to be rented out to low and very low-income parenting youth. The initial plan was to purchase market rate units; however, given that the development is on its las phase and the high demand from local buyers for market rate units the MCHAD will need to purchase affordable units. The City will need to amend Las Viviendas Affordable Housing Plan, and this item will require Council approval.
SUSD HOUSING PROJECT
The Affordable Housing Agreement for the Soledad Unifed School District was reviewed by the Affordable Housing Ad-Hoc Subcommittee on August 12th. The Subcommittee recommended the Affordable Housing Agreement to be presented to the City Council for approval.
88 PLANNING DIVISION UPDATES:
SOLEDAD GENERAL PLAN
The City continues working with Place Works Inc. to create and update the 2045 General Plan for Soledad. Staff is currently working on the Land Use Alternatives. Place Works and Staff have created two different alternatives: a Downtown Focus and a Regional Hub.
During the Hot Summer Days Event on July 6, 2024, staff took advantage of the opportunity to engage with the community to gather feedback on what they liked or disliked, creating the preferred alternative. City staff is also working on another interactive community outreach event for the Alternatives to gather more input and more ideas on what the community's focus and needs are. 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 MARKETPLACE
Tractor Supply is working to resubmit corrections for the second plan check review.
DaVita is currently under construction. No further development updates have been provided.
PANDA EXPRESS
The grading and building permits have officially been issued, and building inspections are underway.
HOLIDAY INN
The project applicant has submitted the Site Plan and Architectural Design plan and city staff is reviewing the submission. Staff is anticipating the ARC design will be returned to the Architectural Review Committee in September 2024.
SUHSD HOUSING PROJECT
Staff is continuing to work with SUSD to proceed with the construction process. The applicant has submitted Building Plans to the City for an At-risk Plan Review. Comments were sent back to the applicant. The Applicant knows that all Plan Checks are At-Risk Plan Checks from now until ownership.
Miramonte (Former Miravale III)
Staff continues to work on the Certification of Completion with LAFCO. 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. Staff has also been working with the developer on the Development Agreement with the direction of the City Manager. The Development Agreement is anticipated to be presented to City Council by the end of this year or early 2025.
BUILDING DEPARTMENT UPDATE:
Please see the attached building permit log
89 Permit List
38 Records
Permit # Issued Any Parcel Number Site Address Type Project Description Valuation Totals 240223 08/01/2024 22154038000 1059 PALM AVE RESIDENTIAL ADDITION
OR REMODEL
429 SQF ADDITION to existing ADU for total 741
SQF $59,905.36
240298 08/01/2024 22381034000 38 CATSKILL CT SOLAR / PV SYSTEM Install 5.67 kw PV System with 14 modules +
13.5 kWH Energy Storage System $21,574.22
240316 08/01/2024 022111015000 201 WEST ST COMMERCIAL PLUMBING BACKFLOW INSTALLATION $5,000.00 240319 08/01/2024 22026018000 515 FRONT ST COMMERCIAL PLUMBING BACKFLOW INSTALLATION 515 FRONT STREET $4,300.00 240320 08/01/2024 022026016000 547 Front Street COMMERCIAL PLUMBING BACKFLOW INSTALLATION 547 FRONT STREET $4,300.00 240235 08/02/2024 22014018000 471 FRONT ST COMMERCIAL PLUMBING INSTALLATION OF A BACKFLOW DEVICE $1,700.00 240237 08/02/2024 022014006000 499 FRONT STREET COMMERCIAL PLUMBING INSTALLATION OF A BACKFLOW DEVICE $1,600.00 240237 08/02/2024 22014018000 499 FRONT STREET COMMERCIAL PLUMBING INSTALLATION OF A BACKFLOW DEVICE $1,600.00 240255 08/02/2024 22025009000 615 FRONT ST COMMERCIAL PLUMBING INSTALLATION OF A BACKFLOW DEVICE $1,700.00 240302 08/02/2024 257082000000 34520 MORISOLI
RD TENANT IMPROVEMENT Cell Tower Upgrade $25,000.00
240257 08/05/2024 22181007000 1786 VOSTI AVE
(UNIT A) SOLAR / PV SYSTEM ROOF MOUNT SOLAR 14 MODULES, 4.9 KWS/ 1BATTERY STORAGE SYSTEM $29,952.00 240323 08/05/2024 022151009000 1130 HEVRIN CIR SOLAR / PV SYSTEM SOLAR 16 MODULES, 6.48 KW $19,312.00 240312 08/06/2024 022491008000 2443 H. DeLaRosa
Sr. Street
TENANT IMPROVEMENT Meat & Seafood Rollout Remodel $15,000.00 240208 08/07/2024 22381028000 214 BLUERIDGE ST RESIDENTIAL ADDITION
OR REMODEL
NEW FRONT ENTRY DOOR W/EXTENDED ROOF
OVER DOOR $15,000.00
240317 08/07/2024 22141020000 865 METZ RD RESIDENTIAL DEMO ASBESTOS ABATEMENT $68,000.00 8/21/24, 11:48 AM office.smartgovcommunity.com/Permits/PermitList/Print https://office.smartgovcommunity.com/Permits/PermitList/Print 1/3 90 Permit # Issued Any Parcel Number Site Address Type Project Description Valuation Totals 240314 08/08/2024 022518057000 543 LEGADO DR SOLAR / PV SYSTEM ROOF MOUNT SOLAR 6 MODULES 2.37 KW, 1BATTERY STORAGE SYSTEM $15,110.00
240325 08/09/2024 22324001000 803 TOLEDO ST SOLAR / PV SYSTEM SOLAR 11 MODULES, 4.35KW $8,255.00 240306 08/12/2024 22515014000 658 VENTURA DR SOLAR / PV SYSTEM pv roof mount(3.240kw)( 8 panels)2ess $20,156.00 240327 08/12/2024 22516069000 621 ROBLEDO DR SOLAR / PV SYSTEM SOLAR/PV SYSTEM/17 MODULES, 5 KW $13,081.00 240328 08/12/2024 022271047000 636 ANDALUCIA DR SOLAR / PV SYSTEM SOLAR/PV SYSTEM/14 MODULES, 5.53 KW $10,507.00 240329 08/12/2024 22481068000 968 LA COLINA ST SOLAR / PV SYSTEM SOLAR/PV SYSTEM/8 MODULES, 3.24 KW $13,156.00 240330 08/13/2024 22011003000 267 BENITO ST RESIDENTIAL WATER HEATER
INSTALL NEW WH 40 GALLON STANDARD NAT
GAS $2,500.00
240331 08/13/2024 22011003000 267 BENITO ST RESIDENTIAL FURNACE replace wf with minisplit $3,500.00 240074 08/14/2024 22341004000 380 Valleyridge
Street
ACCESSORY DWELLING
UNIT
Detached ADU - Preapprove Plans 495 SQ. FT. $93,689.23
240333 08/14/2024 022014014000-2 150 Encinal Street RESIDENTIAL PLUMBING REMOVE TUBS AND INSTALL NEW TUBS TO 16
UNITS APTS
$76,000.00
240336 08/14/2024 22483066000 953 ENTRADA ST SOLAR / PV SYSTEM SOLAR/PV SYSTEM/10 MODULES, 4.05 KW $14,695.00 240338 08/14/2024 022-026-014 137 Soledad St TENANT IMPROVEMENT
REPLACE SOME SIDING AND PAINT THE
EXTERIOR OF BUILDING
240190 08/15/2024 022323022000 826 ESTRELLA ST RESIDENTIAL WATER HEATER Replace 40 gallon water heater $1,962.00
240318 08/15/2024 22512035000 1196 LA COLINA ST RESIDENTIAL FIRE SYSTEMS Fire Sprinklers Installation $2,800.00
240337 08/15/2024 22483051000 1218 CARMELO ST RESIDENTIAL WATER HEATER Water Heater Replacement 40gal $1,500.00
8/21/24, 11:48 AM office.smartgovcommunity.com/Permits/PermitList/Print https://office.smartgovcommunity.com/Permits/PermitList/Print 2/3 91 Permit # Issued Any Parcel Number Site Address Type Project Description Valuation Totals 230331 08/16/2024 022081013000 228 DIXI ST (UNIT
A)
ACCESSORY DWELLING
UNIT
Legalization of conversion of detached garage to
an ADU 442 sq ft. $44,854.16
240326 08/16/2024 022533089000 1270 SAN ANTONIO
ST SOLAR / PV SYSTEM ROOF MOUNT SOLAR 8 MODULES 3.200KW,1BATTERY STORAGE SYSTEM $5,984.00 240340 08/16/2024 022172015000 1825 Palm Avenue RESIDENTIAL DEMO DEMO OF ACCESSORY STRUCTURES 240341 08/16/2024 022026013002 520 Monterey Street
RESIDENTIAL WALL
HEATER
Replace Wall Furnace with Mini Split Heat Pump
System $4,500.00
240332 08/19/2024 22521042000 621 CAMBRIA DR SOLAR / PV SYSTEM Pv Roof Mount Solar Installation(3.160kw)(8 panels) 2 ess $13,004.00
240168 08/20/2024 22022016000 278 SOLEDAD ST RESIDENTIAL DEMO DEMO SFD 966 SQ. FT. $10,000.00 240187 08/20/2024 22161032000 433 3RD ST (UNIT
A)
ACCESSORY DWELLING
UNIT
New Detached ADU Pre-Approved Plans 749 SQ.
FT.
$133,715.33
240260 08/20/2024 22518054000 538 LEGADO DR ACCESSORY STRUCTURE Construction of attached patio 360 sq. ft. $10,000.00 240299 08/21/2024 22514050000 633 ASILOMAR AVE RESIDENTIAL ADDITION OR REMODEL Expansion to Existing Living Room 89 Sq. Ft. $20,000.00 8/21/24, 11:48 AM office.smartgovcommunity.com/Permits/PermitList/Print https://office.smartgovcommunity.com/Permits/PermitList/Print 3/3 92 SUBJECT: Public Works Activity Report
TO: Honorable Mayor Velazquez and City Council
FROM: Don Wilcox, Public Works Director, Alex Ramos, Assistant Engineer
COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager
MEETING
DATE: September 4, 2024
Projects and Activities
Front Street Maintenance Project
This project is progressing smoothly with the recent completion of the curb, gutter and sidewalk concrete work in front of the Motor Lodge (between West Street and Benito) in addition to the concrete work between Benito and Encinal. Work will continue heading south past Main Street after Labor Day. Attachment 1 Veteran’s Park Recycled Water Project
Lonestar Landscaping will be starting this project in early September. This project involves the conversion of all turf irrigation from using potable water to be ready for use of recycled water once the larger city-wide recycled water project is complete. This project was initially to be a recycled water demonstration project; however, now that the City has received a grant to convert all City parks and schools to recycled water, we will not start using recycled water until the citywide project is completed.
Projects out for Bids (PlanetBids) Updates:
Upcoming Projects:
Manhole Replacement Project (West of 101) to be put out to bid here shortly in which Public Works shall repair or replace manholes for the trunk lines that cross under the farm fields and feed into the Water Reclamation Facility.
Maintenance of the two one-million gallon La Cuesta Water Reservoirs to be put out to bid soon, in which Public Works shall coordinate the necessary work to service the water tanks for maintenance/routine cleaning and possibly painting the inside of the tank(s).
AGENDA ITEM NO. 7.
93 Assistant Engineer Position
PW is happy to announce that Assistant Engineer Juan Huerta, started work on August 26.
Public Works Outreach:
Measure X Presentation
TAMC Invited Public Works to give a presentation to the Citizen’s Oversight Committee on August 20, 2024. It was a successful event in which there were lots of Q&A of what Soledad utilized Measure X funding for. Additionally, it seems like Soledad continues to be the example for the South Monterey County with all the great things happening in Soledad, It’s always Happening in Soledad. Attachments 2a&b
Public Education and Participation Program Information: Annual Report Year 11 (2023-2024)
The City of Soledad as part of the Save the Wales annual report, covers the Public Education and Outreach Program Activities for July 1, 2023 through June 30, 2024 (Year 11). The report (Attachment 3) provides information on the measurable goals for each program activity, whether the measurable goal was met, and activity effectiveness if applicable.
Water Department Activities
Cross Connection Program
Public Works Dept. continues efforts to transition non-compliant commercial services into compliance with the installation of backflows.
Currently making progress along the Front Street Corridor! Wells
Well #11 - the emergency conditions considered by the Council on July 31, 2024 persist and Staff is recommending that the Council find that the need to employ emergency contracting procedures continues. Staff has been working on the best price and availability to get a replacement pump/motor installed so the well is back in service ASAP as we go into our highest water demand month. The old pump/motor is being shipped to a company in Texas that can evaluate it towards being rebuilt to be used as a spare, but we have yet not received an estimated cost or schedule. Maggiora Bros Drilling has submitted a quote in the amount of $88,470 for a new pump and motor with a 2-4 week delivery time. Attachment 4
Well #6 – is in service with reduced vibration but is still unable to fill the La Cuesta Reservoirs completely full. An efficiency test was performed Friday August 23 and the report should address the resolution of both the vibration and pumping issues.
Regulatory
Sanitary Survey – Soledad received the attached results of our recent 2023 Sanitary Survey performed by the State Water Resources Control Board – Division of Drinking Water. Staff is remedying the three items on the deficiency list ASAP. Attachment 5
94 Emergency Notification Plan – Staff has updated the attached Water Quality Emergency Notification Plan as required. Attachment 6
Water Reclamation Facility Activities:
WRF Repairs
PW Staff continues to have issues with Fuzzy Filter #1; efforts to diagnose and repair it are in progress.
South Drain Station, Pump 1, is currently down, it shall be sent back under the warranty claim to be repaired and/or replaced.
UV Station light bulb modules have been replaced; these serve an essential role in the disinfection of the processing of waste. Water and Air leaks were recently repaired at the BNR airlift and clarifier areas. WRFAssessment
Black & Veatch met with Public Works Staff on 8/16 to cover the approach of the WRF Assessment. It consisted of a 2-hour meeting in which Staff discussed the construction of the facility and the potential areas of concern.
Additionally, Staff in speaking with Black & Veatch spoke discussed future maintenance and upgrades projects for the WRF and what the necessary steps and funding opportunities may be available to get there. WRFLevee Repairs US Army Corp of Engineers are due here in September to perform repairs on the levee between the Soledad WRF and the Salinas River where it was eroded due to river scouring during the wet winter and associated heavy river flows we had 2 years ago.
95 Unclassified
Description
Taken Date
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Upload Date
08/20/2024 at 07:53 am
Uploaded By
Tony Scalise
File Name
4EF67543-A9B8-4793-A…
Wallace Group
Printed on Mon Aug 26, 2024 at 07:21 am PDT
Job #: 1001-0004-00 Soledad - Front Street Maintenance Project Front St.
Soleda, California 93960
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Taken Date
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Uploaded By
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File Name
6AB03160-2F9B-49E4-8…
Wallace Group
Printed on Mon Aug 26, 2024 at 07:21 am PDT
Job #: 1001-0004-00 Soledad - Front Street Maintenance Project Front St.
Soleda, California 93960
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Taken Date
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Wallace Group
Printed on Mon Aug 26, 2024 at 07:21 am PDT
Job #: 1001-0004-00 Soledad - Front Street Maintenance Project Front St.
Soleda, California 93960
Agenda Item 4.
TRANSPORTATION AGENCY FOR MONTEREY COUNTY
Memorandum
To: Citizens Oversight Committee
From: Theresa Wright, Community Outreach Coordinator, Don Wilcox Meeting Date: August 20, 2024
Subject: City of Soledad Measure X Presentation
RECOMMENDED ACTION:
RECEIVE presentation on local Measure X projects from the City of Soledad.
SUMMARY:
Don Wilcox, Public Works Director from the City of Soledad, will make a presentation on Measure X funded projects in the City of Soledad.
FINANCIAL IMPACT:
Revenues generated from Measure X over the 30-year lifespan of the Measure are estimated to be $600 million with 60% of these funds allocated to the County and twelve cities for local road maintenance and safety projects. In fiscal year 2022/2023, the City of Soledad Measure received $859,672 in new Measure X funding.
DISCUSSION:
During Fiscal Year 2022/23, the City of Soledad received $859,672 in new Measure X funding. This new funding combined with $76,818 in earnings on interest provided the City with a total of $936,490 in revenues from Measure X funding for the fiscal year. During this period, the City performed a variety of maintenance projects in the form of repairs to distressed and cracked road segments.
Additionally, the City has completed a much-needed Pavement Management Program Update to the StreetSaver Software as well as continued to operate their successful Sidewalk Cost-Share Program.
The Cost-Share program assists Soledad property owners in repairing or replacing old and damaged sidewalks. The program offers 50% or up to $2,000 to resident owners to help incentivize resident owners to address unsafe or damaged sidewalks. The program's goal is to promote a safer and pedestrian-friendly city, and walking as a means of transportation.
In order to provide a safer and friendlier path of travel for business owners and pedestrians along the Front Street corridor, the City of Soledad is looking at construction of the Front Street Maintenance Project this fiscal year. The project involves maintenance activities to rehabilitate Front Street, an existing 2-lane arterial which is a principal corridor within the City of Soledad. Maintenance activities include the repair of concrete curb, gutter, and sidewalk, rehabilitation of existing asphalt pavement, drainage, and utility improvements, improved ADA, and pedestrian accessibility, new and upgraded street lighting, new signing and striping, new trees and landscaping, traffic signal upgrades, and four new Monterey-Salinas Transit bus stops.
99 Don Wilcox, City of Soledad's Public Works Director, will provide an update to the Committee on these planned and future activities. More information can be found in the City's Measure X annual report, which can be found online and is included as a web attachment to this staff report.
ATTACHMENTS:
None
WEB ATTACHMENTS:
Soledad - FY22-23 Measure X Annual Report
100
City of Soledad Measure X
Projects Update
Citizen’s Oversight Committee
August 20, 2024
Presented By: Alex C. Ramos, E.I.T, Assistant Engineer
Public Works Department
101
Overview
• Current Projects
• Front Street Maintenance
Project
• Cost Share Program for
Sidewalk Repair
102
Front Street
Maintenance Project
• Project Background
• The last maintenance project the City of Soledad completed was the 2003 Front Street Revitalization Project in which Front Street between Benito Street and East Street to a variety of improvements to the corridor. • Since the last project, the corridor has experienced a number of issues with sidewalks, curb and gutter, pavement condition, tree roots causing uplift, an evaluation of the ADA accessibility for access ramps and parking stalls, lighting, and traffic safety.
• The City contracted with Harris & Associates to provide engineering design services for the project. 103
Front Street
Maintenance Project
• Project Description
• Maintenance work along Front Street from the north end at Moranda Road near Hwy 101 south to Nestles Road, consisting of asphalt pavement re-surfacing, repair of existing curb, gutter, sidewalk, tree replacement and landscaping refresh, signing and striping improvements, street lighting upgrades, and art components.
• Project Limits:
• Front Street between Moranda Rd and Nestles Rd intersections. Most of the concrete demo and replacement work will be performed on the East Side of Front Street. • Project Award:
• Contractor: Monterey Peninsula Engineering (MPE)
• Estimated Duration: 120 Calendar Days
• Estimated Construction Cost: $3,800,000
104
Front Street
Maintenance Project • Current Status • This project is fully underway, with the construction start date beginning July
29, 2024, and anticipated to be
completed with most of the project
sometime in late November/early
December.
• Project Schedule: • Tree Removal (7/29
- 8/8)
• Concrete Work (7/29 - 8/22)
• Irrigation Retrofit (7/29 - 8/22)
• Planting (10/22 - 11/21)
• Retrofit Luminaires (10/1 - 10/7)
• Traffic Cameras (10/9 - 11/13)
• New Light Poles and Luminaires
(12/26 - 1/31)
• Paving (11/13 – 11/27)
• Striping/Pavement
Markings/Signage (11/27-12/10)
105
Cost Share Program for
Sidewalk Repair • Project Background • The City sets aside $40,000 every year of the Measure X Funding received to use
toward Sidewalk Repair.
• As part of this program, the City shares the
cost of 50/50 or up to $2,000, whichever is
less of the two for each project.
• Future Goals are to update Cost Share
Program for Sidewalk Repair for current
challenges.
106
Public Education and Participation Program Information
Annual Report Year 11 (2023 - 2024)
Soledad Storm Water Permit
Students in their school garden learn how to protect pollinators Report Prepared By:
Maris Sidenstecker
Executive Director
Save The Whales
www.savethewhales.org
P: 831-899-995
107
2 Save The Whales Annual Report for Soledad Year 11 (2023-2024) The annual report covers the Public Education and Outreach Program activities for July 1, 2023 through June 30, 2024 (Year 11). This report provides information on the measurable goals for each program activity, whether the measurable goal was met, and activity effectiveness if applicable.
School Outreach
Grades K-3
E.7.a, E.7.a.ii.j.1, E.7.a.ii.d
Save The Whales (STW) compiled 48 teacher packets with materials in English and Spanish about storm water pollution for grades 1-3. STW distributed the materials to the following elementary schools: Frank Ledesma (9 packets), Gabilan (8 packets), Jack Franscioni (11 packets), Rose Ferrero (10 packets), and San Vicente (10 packets).
Grades 3-6
E.7.a.ii.j.2, E.&.a.ii.d, E.7.a.ii.b
The programs provided by STW help fulfill the California Schools Science Content and the new Ocean Literacy Principles that represent an ocean-oriented approach to teaching Science Standards. “Ocean literacy is an understanding of the ocean's influence on you - and your influence on the ocean.”
This year, STW presented 9 programs to 243 students, with the interactive watershed model. The programs focused on storm drain pollution and how to prevent it. Qualified instructors from STW, made each program an interactive and inspiring educational experience for the students.
Students were asked what they can do with their families to reduce the use of plastic, and how to recycle at home. We emphasized what actions students can take to prevent pollutants from entering storm drains and waterways and asked them to help educate others.
Following the program, we encouraged the students to do campus litter cleanups of their school campus and collect trash.
Teachers
E.7.a.ii.j.4,E.7.a.ii.f, E.7.a.ii.d
Teachers were asked to distribute and collect student pre-and post-survey responses to gauge effectiveness of the hands-on presentations. The results are tabulated below. 108
3 2023-2024 Evaluation of Student Pre- and Post-Survey Results School Name
Total of 89
Student Surveys
PreSurvey
Before
Visit 1
Correct
Answers
(Points)
PreSurvey
% of
Correct
Responses
PostSurvey
After
Visit 1
Correct
Answers
(Points)
PostSurvey
% of
Correct
Responses
Grade 5: (2 classes)
Frank Ledesma Elementary
(46 students, 598 possible points)
364 60.8% 529 88.4%
Grade 6: (2 classes)
San Vicente Elementary
(43 students, 559 possible points)
412 73.7% 467 9.8%
TOTAL Points Possible: 1,157 776 67.0.% 996 86.0%
The results from the students that completed both a pre-survey (prior to the classroom visit) and a post-survey (after 1 classroom visit) were evaluated. Student surveys were requested from all classes, 90 students from San Vicente School in grade 6, and 74 students from Frank Ledesma School in grade 5, and 79 students from Gabilan in grade
3. Of the 243 students, 89 students returned the pre-and post-surveys. Each pre-survey was matched with the appropriate post-survey in order to provide accurate responses.
There was a 19.0% increase in correct student responses after 1 school visit.
Studies have shown that hands-on learning increases learning retention among students and is a valuable teaching method. The hands-on presentations reach people beyond the classroom. Students often take information home and share it with friends and family members reaching an untold number of people with conservation messages.
Middle-High School
E.7.a.ii.j.3, E.7.a.ii.c, E.7.a.ii.d
3/2/24 Partners for Peace Youth Event at Soledad Middle School. Interactive watershed model reached 62 students.
109
4 Save The Whales at Partners for Peace Youth Event with hands-on educational watershed model Two years ago, a school butterfly garden was implemented at Frank Ledesma Elementary, to attract pollinators and endangered monarch butterflies. This year, students in grades 4-5 continued to nurture the garden with weeding and watering care.
We brought in partners from the Salinas Valley Recycles to bring their worm composting display and emphasize the use of organic garden techniques. Discussion topics included water conservation and alternatives to pesticides and how runoff enters storm drains which lead to waterways. STW brought native plants for the garden to help attract endangered butterflies. Teachers and students will continue the care of the garden. 110
5 Students decorated their Frank Ledesma school garden with their beautiful butterfly art Our Water Our World
E.7.a.ii.c, E.7.a.ii.d, E.7.a.ii.f, E.7.a.ii.h, E.7.a.ii.i The flyers (in English and Spanish) offer non-toxic and less-toxic alternatives for residential pesticide use. Materials were given out to residents at public events.
Media Outreach: Radio Ads (English and Spanish)
E.7.a.ii.c, E.7.a.ii.d
A total of 168 radio and streaming ads aired on storm drain pollution prevention on English and Spanish language stations. A total of 60 ads aired on KHIP (English station) and 48 ads on La Tricolor (Spanish station). In addition, 60 Audio Streaming ads ran.
Print Ads
E.7.a.ii.d, E.7.a.ii.h
Color print ads ran in the Salinas Valley Tribune newspaper. One ad ran in April 2024 as part of the Earth Day edition. One more ad ran in June 2024. The ads were about reducing litter waste and preventing storm water pollution.
Residential and Community Outreach
E.7.ii.a, E.7.ii.c, E.7.ii.d, E.7.ii.f, E.7.ii.g, E.7.ii.h, E.7.ii.i, E.7.ii.k, E.7.ii.l Participated in three community outreach events:
111
6 9/16/23 Family Health Festival, at New Orchard Lane Park reached 25 members of the community. We presented the interactive trash timeline game, and distributed bilingual materials on alternatives to pesticides, and stormwater pollution prevention. 3/26/24 Garden Day with students at Frank Ledesma School. Planting native plant seeds in containers to bring home and plant.
4/27/24 Soledad Earth Day Event reached 56 residents with the interactive hands-on watershed model and bilingual materials.
.
Family Health Event interactive display to engage community members E.7.a.ii.e, E.7.a.ii.g
10/30/23 Garden Day in school garden with Salinas Valley Recycles. Composting and worm bins which emphasized alternatives to pesticides, butterfly crafts, and planting native plants.
5/18/24 Clean up day coordinated with Maury. Spoke to residents about stormwater pollution and collected 100 intercept surveys.
112
7 Garden Day where students learn how earthworms make nutrient rich soil to grow food Litter Cleanups
E.8.ii.c
On 9/26/23, we conducted a walking field trip outside the Frank Ledesma school grounds with 74, 5th grade students, and they collected 25 pounds of trash.
On 3/7/24, we led a trash cleanup with 90, 6th grade students from San Vicente School.
The students collected 20 pounds of trash comprised of largely wrappers. 113
8 Walking field trip with grade 5 students collected 25 pounds of trash Restaurant Outreach
E.7.a.ii.c, E.7.a.ii.d, E.7.a.ii.f, E.7.a.ii.h
STW was able to reach out to restaurants to distribute bilingual posters and materials about proper Best Management Practices. STW bilingual educator reached 18 restaurants. 114
9 Restaurant Outreach June 30, 2024
Name/Address of Restaurant Poster
Accepted
Materials
Received By
California Gourmet Pizza
235 West St.
yes Clif
Las Michacanas Paleteria y Neveria
387 Gabilan Dr. yes
Esmeralda
Gabilan Pizza
383 Gabilan Dr. yes Perla
Lovely Cheesecakes by Victoria
Front St. yes Alex
Lolita’s Ice Cream
521 Front St. yes Ester
El Nopalito
615 Front St. yes Hernandez
Cocuyo’s Mexican Restaurant
185 Kidder St. yes Carla
Mix Stix
751 Front St. yes Alani
Taco’n Madre
707 Front St. yes Fernanda
La Plaza Bakery and Café
945 Front St. yes Brenda
Delicias Bakery
836 Monterey St.
yes Sara
Carl’s Jr.
1000 Front St.
yes Andre
McDonald’s
1215 Front St.
yes Dianna
Taco Bell
1185 Front St.
yes Robert
Windmill Restaurant
1167 Front St.
yes Jackeline
Round Table
550 Canal St. yes Manik
Denny’s
3064 H Dela Rosa Sr. Street yes Alexis
Burger King
2107 H Dela Rosa Sr. Street yes Anayely
115
10 Educational Materials
E.7.a.ii.c, E.7.a.ii.h, E.7.a.ii.i
The popular bookmarks in English and Spanish were distributed at events and schools.
The NEW Clean Water brochure in English and Spanish on stormwater pollution prevention and proper residential disposal of fats, oils, and grease (FOG) was printed.
The brochure is distributed on city websites, public works departments, the community library, and public events.
116
11 CBSM Intercept Surveys
E.7.a.ii.b
Analyze public survey responses through Community-Based Social Marketing (CBSM) to determine the effectiveness of the education program and determine behavior change.
Measurable Goal Results:
A total of 194 public intercept survey responses were evaluated. The intercept surveys were obtained from members of the public filling out surveys at public events. The results are tabulated below.
117
12 Q1 Where do you wash your car?
Response:
Home 127
Carwash 50
Home or Carwash 14
No car/ Do not wash 3
Total 194
Sex (M/F/No Answer(NA) & Age Range
MALES FEMALES No Answer
10 -
54 55-
100
7-
54 55-
100
NA 7-
54 55-
100
NA
53 39 23 11 0 1 0 0
16 11 18 5 0 0 0 0
3 4 7 0 0 0 0 0
1 1 1 0 0 0 0 0
Q2 Only rainwater belongs in the storm
drains.
Response:
Yes 134
No 53
Blank 7
Total 194
Sex (M/F/No Answer (NA) & Age Range
MALES FEMALES No Answer
10-
54 55-
100
7-
54 55-
100
NA 7-
54 55-
100
NA
48 39 38 9 0 0 0 0
23 15 10 4 0 1 0 0
2 0 1 3 0 0 0 0
Q3 Motor oil, household cleaning fluids, or
chemicals poured on the ground or washed
down the street and into storm drains can
pollute the groundwater (drinking water)?
Response:
Yes 166
No 16
Blank 12
Total 194
118
13 Sex (M/F/No Answer (NA) & Age Range
MALES FEMALES No Answer
10 -
54 55-
100
7-
54 55-
100
NA 7-
54 55-
100
NA
66 46 40 13 0 1 0 0
3 7 4 2 0 0 0 0
4 2 5 1 0 0 0 0
Q4 A healthy ocean is good for me and
my family.
Response:
Yes 189
No 4
Blank 1
Total 194
Sex (M/F/No Answer (NA) & Age Range
MALES FEMALES No Answer
10-
54 55-
100
7-
54 55-
100
NA 7-
54 55-
100
NA
72 53 48 15 0 1 0 0
0 2 1 1 0 0 0 0
1 0 0 0 0 0 0 0
Q5 What type of grocery bags do you use?
Response:
Own 94
Paper 20
Plastic 49
Own or Paper 8
Own or Plastic 7
Paper or Plastic 8
Any 6
None 2
Total 194
119
14 Sex (M/F/No Answer (NA) & Age Range
MALES FEMALES No Answer
10-
54 55-
100
7-
54 55-
100
NA 7-
54 55-
100
NA
34 26 24 9 0 1 0 0
13 4 3 0 0 0 0 0
17 17 12 3 0 0 0 0
3 2 3 0 0 0 0 0
0 3 3 1 0 0 0 0
4 1 1 2 0 0 0 0
1 2 2 1 0 0 0 0
1 0 1 0 0 0 0 0
Q6 Do you think litter is a problem for
cities?
Response:
Yes 154
No 39
Blank 1
Total 194
Sex (M/F/No Answer (NA) & Age Range
MALES FEMALES No Answer
10-
54 55-
100
7-
54 55-
100
NA 7-
54 55-
100
NA
61 38 44 10 0 1 0 0
11 17 5 6 0 0 0 0
1 0 0 0 0 0 0 0
120
15 Q7 Do storm drains (grates in the street)
lead directly to a sewage plant where the
water is cleaned?
Response:
Yes 117
No 76
Blank 1
Total 194
Sex (M/F/ No Answer (NA) & Age Range
MALES FEMALES No Answer
10 -
54 55-
100
7-
54 55-
100
NA 7-
54 55-
100
NA
49 31 30 7 0 0 0 0
24 24 19 8 0 1 0 0
0 0 0 1 0 0 0 0
Evaluation:
• Most people reported that they wash their car at home (65%) with the second most likely place at a car wash (26%).
• Most people reported that only rain belongs in the storm drains (69%). • Most people reported that motor oil, household cleaning fluids, or chemicals poured on the ground or washed down the street and into storm drains can pollute the groundwater (86%).
• Most people reported that a healthy ocean is good for their family and themselves (97%).
• Most people reported that they use their own bag at the grocery store (45%), followed by using plastic (25%) or paper (10%) bags.
• Most people reported that litter is a problem for cities (79%). • Most people reported that storm drains do not lead to a sewage plant where the water is cleaned (60%).
121
122
123
124
State Water Resources Control Board
Division of Drinking Water- Monterey District
August 19, 2024
Donald Wilcox, Director of Public Works
City of Soledad
PO Box 156
Soledad, CA 93960
[email protected]
Dear Donald Wilcox:
2024 SANITARY SURVEY
CITY OF SOLEDAD WATER SYSTEM (System No. 2710011)
On March 26, 2024, Mr. Moises Arizmendi, Public Works Manager accompanied Shaminder Kler from the State Water Resources Control Board – Division of Drinking Water (Division) on a Sanitary Survey of the City of Soledad (City) water system. A completed Sanitary Survey Report and deficiency list is enclosed documenting the findings of the inspection.
The City water system is in overall satisfactory condition. The attached sanitary survey includes a summary of deficiencies found during the sanitary survey. A written response to the attached sanitary survey report and deficiency list is requested by September 20, 2024, along with a plan to correct the deficiencies listed in the deficiency list. Please include the deficiency list along with the date of correction or planned date in the response to this letter.
The Division greatly appreciates the City’s assistance during and after the inspection. If you have any questions, please contact Shaminder Kler at [email protected] or (831) 655-6938, or me at [email protected].
Sincerely,
Jonathan Weininger, PE
District Engineer, Monterey District
Division of Drinking Water
125
City of Soledad Water System - 2 - August 19, 2024
Enclosure: 2024 Sanitary Survey Report
cc: Monterey County Environmental Health Department
Moises Arizmendi, [email protected]
126
State Water Resources Control Board
Division of Drinking Water
2024 SANITARY SURVEY REPORT
WATER SYSTEM: City of Soledad
SYSTEM NUMBER: 2710011
REPORT DATE: August 19, 2024
INSPECTION DATE: March 26, 2024
System information
Water System Contacts
Contacts
Contact Name Title
Donald Wilcox Public Works Director (Administrative Contact) Moises Arizmendi Public Works Manager (Carbon Copy/Designated Operator/Water Quality Contact)
Population and Service Connection Summary
The City of Soledad (City) water system is classified as a community water system that supplies potable water to a permanent population of 18,648 residents through 4,400 metered service connections, including 3,597 single family residential, 539 multi-family residential, 208 commercial, one industrial, and 55 landscape irrigation connections, according to the 2023 Annual Report to the Drinking Water Program (ARDWP).
Permit Status
The table below summarizes the permits issued to the water system:
List of Permits
Permit No. Issue Date Reason
07-039 11/30/1973 Full Permit
Amendment 1 7/31/1981 Addition of Wells 4 and 5, and 1 MG Reservoir Amendment 2 10/6/1987 Addition of Well 6
Amendment 3 4/5/1994 Addition of Wells 7 and 9, and nitrate blending treatment of Wells 2 and 3 with Well 7.
Amendment 4 9/19/2009 Addition of Wells 10 and 11
127
City of Soledad Water System Page 2
List of Permits
Permit No. Issue Date Reason
2017PASCHOOLS 1/17/2017 K-12 Schools lead sampling and lead sample results interpretation requirements
Amendment 5 10/3/2018 Well 09 Iron and Manganese, and Disinfection Treatment Is the water system complying with all permit requirements? Yes.
Is the permit up to date? Yes.
Recent and Proposed Upgrades
Since the last sanitary survey in 2020, City has installed security cameras to improve security at well and tank locations. Cathodic protectors were installed or serviced in all storage reservoirs. The water system has installed new water mixers inside La Cuesta 1 and 2 tanks.
Sources
List of Sources
City has five active groundwater sources. The table below summarizes the water systems sources including each source’s capacity reported by the water system:
Source/
PS Code/ Status/ Treatment Type
Type/
Capacity (gpm) Comments
Well 06/ CA2710011-006-006/ Active/
Cl2 (Sod. Hypochlorite)
Turbine/
600
Currently offline for repair,
waiting for a new VFD.
Well 07/ CA 2710011-007-007/
Active/ Cl2 (Sod. Hypochlorite)
Turbine (VFD)/
1,400 None.
Well 09/ CA 2710011-008/ Active/
Cl2 (Sod. Hypochlorite); Fe/Mn
Removal Treatment
Turbine/
900 None.
Well 10/ CA 2710011-013-013/
Active/ Cl2 (Sod. Hypochlorite)
Turbine/
600
Currently offline undergoing
rehabilitation, which is expected
to increase production capacity
to 1,400 gpm.
Well 11/ CA 2710011-014-014/
Active/ Cl2 (Sod. Hypochlorite)
Submersible/
1,500
None.
Total Active Source Capacity: 5,000 gpm (7.2 MGD)
Production Data – 10 years
The table below summarizes the past 10 years of production data as reported on City’s annual reports to the Division:
Past 10 Years of Production Data (2014-2023) in Million Gallons (MG) Year Max Day Max Month Year Total
2023 3.49* 72.07 665.36
2022 3.10 71.61 692.28
128
City of Soledad Water System Page 3
Past 10 Years of Production Data (2014-2023) in Million Gallons (MG) Year Max Day Max Month Year Total
2021 3.40 74.27 701.34
2020 3.15 78.38 737.81
2019 2.92 76.34 688.18
2018 0.94 77.01 675.31
2017 0.94 72.22 680.15
2016 2.81 68.77 629.34
2015 3.72 67.28 641.28
2014 4.79 79.27 734.60
*Max Day Calculated by dividing max month by number of days in month and multiplying by a peaking factor of 1.5
Source & Storage Capacity Evaluation
California Code of Regulations, title 22, section 64554 (a) requires maximum day demand (MDD) to be met with source capacity. MDD is calculated as the highest observed water demand in the past ten years
According to the City’s ARDWPs since 2014, the maximum water produced in a single day was 4.79 MG or 3,326 gpm on May 13, 2014.
Additionally, California Code of Regulations, title 22, section 64554 (a)(2) requires systems with more than 1,000 service connections to be able to meet four hours of peak hourly demand (PHD) with source capacity, storage capacity, and/or emergency source connections.
City is able to meet four hours of PHD with source capacity and storage capacity, as shown in the calculations and table below:
Calculations:
• Four hours of PHD:
1. PHD = MDD/24*1.5
a. 4.79 (MGD)/24 (hours) * 1.5 = 0.299 MG
2. Four hours of PHD = PHD*4
a. 0.299 * 4 (hours) = 1.198 MG
• Four hours of hourly capacity:
1. Four Hours of Hourly Capacity = (Sources + Storage + Emergency) * (4/24 hrs.) a. (7.2 + 4.0 + 0.0) * (4/24) = 1.86 MG
Summary of Source & Storage Capacity Requirements
Parameter Requirement
(MGD)
Capacity
(MGD) Requirement Met?
MDD Capacity 4.79 7.2 Yes
Four Hours of Peak Hourly Demand 1.198 1.86 Yes
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Drinking Water Source Assessment Program (DWSAP)
DWSAP Summary
Source Date Potential Contaminating Activities
Well 06 March 14, 2007 Railroad yards/maintenance/ fueling areas and historic gas stations
Well 07 March 14, 2007 Automobile gas stations, historic gas stations, and landfills/dumps
Well 09 March 14, 2007 Agricultural drainage
Well 10 January 2006 Sewer collection systems.
Well 11 September 21, 2006 Sewer collection systems; Automobile gas stations Physical Inspection Summary/Discussion & Appraisal
The Division did not find any source deficiencies and there are no recommendations regarding groundwater sources at this time.
Treatment Facilities
Groundwater Treatment
City owns and operates six groundwater treatment plants. A summary of the water systems treatment plants is found in the table below:
List of Groundwater Treatment Plants
Name PS Code Objectives Comments
Well 06
Disinfection
CA2710011
_009_009
Wellhead
disinfection
The online chlorine analyzer wastewater discharge
line connection to the storm drain requires an
airgap to protect against cross-contamination.
Well 07
Disinfection
CA2710011
_010_010
Wellhead
disinfection
Since last sanitary survey City has replaced the
single wall 50-gallon sodium hypochlorite storage
tank with a double wall 250-gallon storage tank
with a level indicator.
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List of Groundwater Treatment Plants
Name PS Code Objectives Comments
Well 09
Fe/Mn -
KMnO4 -
CL2 - Trtmnt
CA2710011
_011_011
Wellhead
disinfection
and Fe/Mn
Removal
Treatment
Sodium Hypochlorite and KMnO4 are injected in
the Well 09 discharge pipe downstream of the
check valve to oxidize the iron and manganese in
the raw water, and passed through the ATEC
Systems iron and manganese removal treatment
system, which consists of two trains of five
pressure filter vessels each, containing ATEC AS715M Filter Media, a granular manganese dioxide with pyrolusite base, as the filtration media. The
media is NSF 61 certified.
The filters are automatically backwashed once
every 24 hours for 9 minutes. The operations plan
is up to date, dated April 2024. The operator visits
the site at least once per day. Filter media is
checked once per year with no issues discovered
during the last inspection. Up-to-date quarterly raw
water and monthly treated water iron and
manganese monitoring with one incident of iron
secondary MCL exceedance in the effluent during
past three years.
Well 10
Disinfection
CA2710011
_015_015
Wellhead
disinfection None.
Well 11
Disinfection
CA2710011
_016_016
Wellhead
disinfection
Since last sanitary survey the single wall 50-gallon
sodium hypochlorite storage tank has been
replaced with a double wall 405-gallon storage
tank.
La Cuesta
Booster Sta
CL2
CA2710011
_017_017
Maintain
disinfection
residual in
the La
Cuesta
Reservoirs
The target chlorine residual in the La Cuesta
Reservoirs is between 0.5 mg/L to 1.0 mg/L. Since
last sanitary survey, City has replaced the single
wall 50-gallon sodium hypochlorite storage tank
with a double wall 250-gallon storage tank with a
level indicator.
List of Treatment Chemicals
List of Treatment Chemicals
Chemical Purpose Manufacturer NSF 60
Certified Comments
12.5% Sodium hypochlorite Disinfection Brenntag Pacific Yes Bulk supplied by Brenntag Mini Bulk
Field Services
Potassium Permanganate
Crystals
Oxidant Universal
Chemicals
Yes
Sodium hypochlorite Assessment
Continuous chlorination and monitoring are provided at the treatment plants inside locked fences and covered housings. The target chlorine residual is 0.5 mg/L to 1.0 mg/L in the distribution system. All chlorine facilities were clean and in good overall condition. An 131
City of Soledad Water System Page 6
adequate amount of chlorine is stored at each chlorination site. City has more than a week of available onsite liquid chlorine.
Potassium Permanganate Assessment
Potassium permanganate is injected into the Well 09 discharge pipe near the chlorination injection point, at a dose rate is 0.1 mg/L which is significantly below the maximum use rate of 50 mg/L, allowed by NSF. Additionally, NSF 60 certification requires that the finished drinking water must be monitored to ensure that levels of manganese do not exceed 0.05 mg/L. Manganese hasn't been detected in any of the monthly samples collected in the iron and manganese filter effluent.
Physical Inspection Summary/Discussion and Appraisal
The Division noted the following deficiencies regarding the treatment plants:
1. City must install air gap protection at all online analyzer connections to the wastewater collection inlets.
Finished Water Storage
List of Storage Tanks
Name/Type Capacity
(MG)
Inspected by
DDW? Comments
La Cuesta
Tank 1/
above-ground
welded steel
1.0 Yes. Exterior
and interior.
Inside a fence w/ locked gate, stairs cage
and roof hatch; screened and air-gapped
overflow outlet and roof vent. SCADA
connected; receives water from all wells;
Inter-connected with La Cuesta Tank 2;
discharges to the lower pressure zone of
the distribution system as well as to the La
Cuesta booster station for Pinnacles Tanks;
Operator visits the site once per day;
Exterior and interior in good condition.
La Cuesta
Tank 2/
above-ground
welded steel
1.0 Yes. Exterior
only.
Inside a fence w/ locked gate, stairs cage,
and roof hatch; screened and air-gapped
overflow outlet and roof vent. Interconnected with La Cuesta Tank 1; Exterior in good condition.
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List of Storage Tanks
Name/Type Capacity
(MG)
Inspected by
DDW? Comments
Pinnacles
Tank 1/
above-ground
welded steel
1.0 Yes. Exterior
only.
Inside a fence with a locked gate; Locked
ladder cage and roof hatch; Screened and
air-gapped overflow outlet and roof vent;
Receives water from the La Cuesta booster
station; discharges to the upper pressure
zone; Inter-connected with Pinnacles Tank
2; Operator visits the site once per day;
Exterior in good condition.
Pinnacles
Tank 2/
above-ground
welded steel
1.0 Yes. Exterior
only.
Inside a fence with a locked gate; Locked
ladder cage and roof hatch; Screened and
air-gapped overflow outlet and roof vent;
Inter-connected with Pinnacles Tank 1;
Operator visits the site once per day;
Exterior in good condition.
Total 4.0
MG = Million Gallons
Storage Tank Inspections & Maintenance
Frequency of tank Inspections: Once every 3 months.
How often are tanks climbed and inspected? Once every 3 months.
Tank inspections recorded? Yes.
Are interior coatings NSF 61? Yes.
Date of last cleaning: May 2021. Next due by end of 2024.
Physical Inspection Summary/Discussion & Appraisal
City submits the storage tanks status reports to the Division once per month. All tanks are inspected by a tank specialist once every three years. Cathodic protection is provided to all tanks and serviced every two years. All tanks appear to be in good condition with adequate security for the tank sites. The water system provided copies of the specialist inspection reports for all tanks completed in May 2021.
Distribution System
Pressure Zones
The City distribution system has two pressure zones. The pressure in the system ranges from 60 psi to 103 psi in the distribution system.
According to the water system, they maintain a minimum pressure of 20 psi (minimum distribution pressure per California Code of Regulations, title 22, section 64602) throughout the distribution system.
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Distribution Mainlines
The mainlines in the City’s distribution system consist of plastic (50%), cast iron (25%), galvanized iron (1%), ductile iron (20%), and asbestos cement (5%) pipes with an average age between 31 years and 56 years. City’s water mains are in good overall condition.
As a reminder, new water main installations shall follow California Code of Regulations, title 22, Chapter 16 (Waterworks Standards), Article 4 (Materials and Installation of Water Mains and Appurtenances) and Article 5 (Disinfection Requirements). If Waterworks Standards are unable to be met, please contact the Division prior to commencing construction.
Distribution System Leak Program
The water system reported one water main break and four service line breaks/leaks in the 2023 Annual Report to the Division. City has an adequate leak program and the leaks or checked monthly.
Recycled Water
The City of Soledad reported in the 2023 ARDWP that the City does not have recycled water in its service area (provided by the water system or another utility). The City of Soledad has installed a portion of the reclaimed-water pipeline to be used in the future, but the pipeline is currently connected to City’s potable water supply to irrigate the parks within the City’s service area. The City of Soledad must be in contact with the Central Coast Regional Water Quality Control Board and the Division’s Recycled Water Unit for the future reclaimed water project.
Water Main Separation Criteria
As a reminder, if a new or replacement water main is unable to meet the separation criteria established in California Code of Regulations, title 22, section 64572, the water system shall apply for a waiver prior to commencing construction.
Valve Exercising and Maintenance Program
No. of Valves/size: 844/2 inch to 16 inch
Valve exercising frequency: Annual
Have all valves been mapped? Yes
Is number and location of valves satisfactory? No. In the process of adding more valves.
As a reminder, all new mainline installations must comply with the following isolation valve requirements (California Code of Regulations, title 22, section 64577): at least one isolation valve no farther than 1,320 linear feet apart on all mains having a diameter of 12 inches or less, at each tee or crossing connection between mains that have a diameter of 12 inches or less, within 100 feet of the tee or crossing connection with the primary main, between the water main and each fire hydrant served by the main.
All new water main valves shall be constructed in accordance with California Code of Regulations, title 22, section 64578, specifically, “a valve box shall be installed over each 134
City of Soledad Water System Page 9
buried valve stem to aid in locating and operating the valve. For valves buried in trenches greater than five feet below the finished grade, either a valve stem riser to permit the use of a normal key or a notation on valve records indicating that a long key will be required shall be provided.”
Dead End Flushing Program
No. of dead ends: 36
No. with flushing valves: 16
Frequency of flushing: Once every six months.
California Code of Regulations, title 22, section 64600 (c) requires a water system to develop a schedule and procedure for flushing dead end mains. The water system records the dead-end flushing and reports to the Division in the annual reports.
Operational Controls
The sources, storage tanks, and the booster pumps are connected to the City’s SCADA system for controlling and monitoring the on/off operations of the pumps and wells, tank levels, and the system pressure.
Water System Interconnections
City does not have an interconnection to a neighboring water system.
Pumps, Pump Facilities and Control
List of Booster Pumps
Station No. of
Pumps
Individual Pump
Size (HP)
Total capacity
(GPM) Comments
La Cuesta
Booster
Station
3 50 800
All booster pumps receive water
from the La Cuesta Tank 1 and
discharge to the Pinnacles
Tanks, operating on a weekly
alternate lead/lag schedule.
Physical Inspection Summary/Discussion and Appraisal
Booster station is secured inside a locked building and a 6’ security fence. An onsite automatic backup power generator is available to provide uninterrupted power supply.
Monitoring Reporting and Data Verification
Bacteriological Source and Distribution Monitoring
Population: 18,648
Service Connections: 4400
Distribution Samples: 20 per month (20 samples required per California Code of Regulations, title 22, section 64423).
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City of Soledad Water System Page 10
Source Samples: Once per calendar quarter. Quarterly source water monitoring is up to date.
Date of Bacteriological Sample Siting Plan: August 2, 2024 Groundwater Rule Plan: All active wells to be sampled within 24 hours of receiving notification of routine total coliform positive results.
A review of the bacteriological records since June 2020 shows that the distribution monitoring is up to date, with one incident of total coliform positive during the routine monitoring. Total coliform was not detected in the repeat sampling during May 2024.
The Division issued Citation No. 03_05_24C_012 in July 2024, for incorrectly labeling the ‘Repeat’ bacteriological samples as ‘special’ samples during the month of May 2024.
Inorganic Chemicals
The compliance with inorganic chemicals water quality regulations for all wells is noted in the table below. Wells 6 and 10 are out of service, and the monitoring is due upon startup.
Monitoring
Location
Last Sample
Date
Contaminants
Detections
Sampling
Frequency
Next Sample
Due Date
Well 06
Jun-21;
asbestos in
Jan-24
Arsenic- 2.3 ug/L
(Detection limit 2.0 ug/L)
Fluoride- 0.1 mg/L
(Detection limit 0.1 mg/L)
1/3 years DUE
Jun-24
Asbestos:
Jan-33
Well 07
Jun-24;
asbestos in
Feb-24
Fluoride- 0.1 mg/L
(Detection limit 0.1 mg/L)
1/3 years Jun-27
Asbestos:
Feb-33
Well 09
Jun-24;
asbestos in
Dec-23
Arsenic- 2.8 ug/L
(Detection limit 2.0 ug/L)
Barium-0.2 mg/L
(Detection limit 0.1 mg/L)
Fluoride- 0.1 mg/L
(Detection limit 0.1 mg/L)
1/3 years
Jun-27
Asbestos:
Dec-32
Well 10
Jun-21;
asbestos in
Dec-23
Arsenic- 2.4 ug/L
(Detection limit 2.0 ug/L)
Fluoride- 0.1 mg/L
(Detection limit 0.1 mg/L)
1/3 years DUE
Jun-24
Asbestos:
Dec-32
Well 11
Jun-24;
asbestos in
Dec-23
Fluoride- 0.1 mg/L
(Detection limit 0.1 mg/L)
1/3 years Jun-27
Asbestos:
Dec-32
Nitrate and Nitrite Monitoring
Compliance with nitrate and nitrite monitoring regulations for all wells is noted in the table below. Wells 6 and 10 are out of service, and the monitoring is due upon startup.
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City of Soledad Water System Page 11
Monitoring
Location
Last Sample
Date Detections Sampling Frequency
Next Sample
Due Date
Nitrate (mg/L)
Well 06 Jun-23 0.6 mg/L (Detection
limit 0.4 mg/L) 1 /Year DUE Jun-24
Well 07 Jun-24 0.4 mg/L (Detection
limit 0.4 mg/L)
1 /Year Jun-25
Well 09 Jun-24 None 1 /Year Jun-25
Well 10 Jun-23 0.9 mg/L (Detection
limit 0.4 mg/L)
1 /Year DUE
Jun-24
Well 11 Jun-24 None 1 /Year Jun-25
Nitrite (mg/L)
Well 06 Jun-21 None 1/3 years DUE
Jun-24
Well 07 Jun-24 None 1/3 years Jun-27
Well 09 Jun-24 None 1/3 years Jun-27
Well 10 Jun-21 None 1/3 years DUE
Jun-24
Well 11 Jun-24 None 1/3 years Jun-27
Secondary MCLs
Compliance with secondary MCL monitoring regulations for all wells is noted in the table below. Wells 6 and 10 are out of service, and the monitoring is due upon startup.
Monitoring
Location
Last
Sample
Date
Contaminants Detected Above
Half the Regulatory Limit
Sampling
Frequency
Next
Sample
Due Date
Well 06
Jun-21 Conductivity: 963 µS/cm (SMCL
upper level is 1,600 µS/cm)
TDS: 660 mg/L (SMCL upper
level is 1,000 mg/L)
1/3 years DUE
Jun-24
Well 07
Jun-24 Conductivity: 796 µS/cm (SMCL
upper level is 1,600 µS/cm)
TDS: 512 mg/L (SMCL upper
level is 1,000 mg/L)
1/3 years Jun-27
Well 09
Jun-24 Conductivity: 1,260 µS/cm (SMCL
upper level is 1,600 µS/cm)
TDS: 718 mg/L (SMCL upper
level is 1,000 mg/L); Manganese:
173.00 ug/L, (SMCL 50 ug/L)
1/3 years;
Manganese
1/3 months
Jun-27;
Manganese
Sep-24
Well 10 Jun-21 None. 1/3 years DUE
Jun-24
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City of Soledad Water System Page 12
Monitoring
Location
Last
Sample
Date
Contaminants Detected Above
Half the Regulatory Limit
Sampling
Frequency
Next
Sample
Due Date
Well 11 Jun-24 None. 1/3 years Jun-27
SMCL = Secondary MCL
Radiological Monitoring
Compliance with radiological monitoring regulations for all wells is noted in the table below.
Monitoring
Location
Last Sample
Date
Last Sample Result
(pCi/L)
Sampling
Frequency
Next Sample
Due Date
Gross Alpha
Well 06 Jan-24 6.22+0.84*0.98=7.04 1/6 years Jan-30
Well 07 Jan-24 3.15+0.84*2.68=5.40 1/6 years Jan-30
Well 09 Oct-23 1.51+0.84*0.65=2.06 1 1/9 years Oct-32
Well 10 Jan-24 ND1 1/9 years Jan-33
Well 11 Jan-24 ND1 1/9 years Jan-33
Radium-226 and -228
Well 06 Jan-24 ND 1/9 years Jan-33
Well 07 Jan-24 ND 1/9 years Jan-33
Well 09 Oct-23 ND 1/9 years Oct-32
Well 10 Jan-24 ND 1/9 years Jan-33
Well 11 Jan-24 ND 1/9 years Jan-33
Uranium
Well 06 Jan-24 4.05 1/6 years Jan-30
Well 07 Jan-24 2.80 1/6 years Jan-30
Well 09 Oct-23 1.40 1/6 years Oct-29
Well 10 Jan-24 2.40 1/6 years Jan-30
Well 11 Jan-24 2.00 1/6 years Jan-30
ND: non-detect
1 Wells 9, 10, and 11 are currently eligible for gross alpha substitution for uranium since the 95% confidence interval for the most recent gross alpha results do not exceed 5 pCi/L. (Cal. Code of Regs., title 22, § 64442 subd. (f).) The gross alpha and uranium monitoring schedule has been updated to reflect this change.
VOC Monitoring
Compliance with VOC monitoring regulations for all wells is noted in the table below. 138
City of Soledad Water System Page 13
Monitoring
Location
Last Sample
Date
Contaminants
Detected Above Half
the Regulatory Limit
Sampling
Frequency
Next Sample
Due Date
Well 06 Mar-23 None 1/3 years Mar-26
Well 07 Mar-23 None 1/3 years Mar-26
Well 09 Mar-23 None 1/3 years Mar-26
Well 10 Mar-23 None 1/3 years Mar-26
Well 11 Mar-23 None 1/3 years Mar-26
SOC Monitoring
The water system is required to monitor the Title 22 regulated SOCs in all wells for two consecutive quarters every three (3) years. City has a waiver for the SOCs other than 1,2,3-TCP, 2,4-D, Lasso (Alachlor), Atrazine, Bentazon, Carbofuran, Diquat, and Simazine for the current compliance period (January 1, 2023, and will end on December 31, 2025).
SOC monitoring for all wells is described in the table below:
Monitoring
Location
Required
Sampling
Frequency
Last Sample
Date
Contaminants
Detected Above Half
the Regulatory Limit
Next Sample
Due Date
Well 6
Two
consecutive
quarterly
samples
every
compliance
period
(every
three
years)1
Only one quarter
in Jan-24.
1,2,3-TCP: only
one quarter in
Feb-23
None
DUE NOW
Two
consecutive
quarters in
2024
Well 7
Only one quarter
in Feb-24.
1,2,3-TCP: only
one quarter in
Feb-23
None DUE NOW
Two
consecutive
quarters in
2024
Well 9 Only one quarter
in Jan-24.
1,2,3-TCP: only
one quarter in
Feb-23
None DUE NOW
Two
consecutive
quarters in
2024
Well 10 Only one quarter
in Jan-24.
1,2,3-TCP: only
one quarter in
Feb-23
None DUE NOW
Two
consecutive
quarters in
2024
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City of Soledad Water System Page 14
Monitoring
Location
Required
Sampling
Frequency
Last Sample
Date
Contaminants
Detected Above Half
the Regulatory Limit
Next Sample
Due Date
Well 11 Two
consecutive
quarterly
samples
every
compliance
period
(every
three
years)1
Only one quarter
in Jan-24.
1,2,3-TCP: only
one quarter in
Feb-23
None
DUE NOW
Two
consecutive
quarters in
2024
1 Non-waived groundwater SOCs include: 1,2,3-TCP, 2,4-D, Lasso (Alachlor), Atrazine, Bentazon, Carbofuran, Diquat, and Simazine.
The following deficiencies were noted:
2. City must monitor wells for all SOCs as noted in the table above. City has not monitored the wells for two consecutive quarters in 2021. The monitoring for all SOCs must be completed as noted in the table above.
Lead and Copper Rule (LCR) Monitoring
Required Frequency: Three years.
Number of Sample Sites Required: 30
Next Round of Monitoring Due: Between June 1 and September 30, 2026 Lead and Copper Rule Monitoring Results (2017 - Present) Date
No. of
Samples
Required
No. of
Samples
Taken
90th
Percentile
Lead
(mg/L)
90th
Percentile
Copper
(mg/L)
90th Percentile LCR
Results Less Than Their
Respective Action Levels?
Jul-23 30 35 ND 0.157 Yes
Jul-20 30 36 ND 0.184 Yes
Jul-17 30 30 ND 0.286 Yes
City has submitted the water system lead service line inventory form to the Division on June 27, 2018. City certified that there are no lead pipe material and 10 unknown pipe materials in the system. In the 2019 annual report to the Division, City reported that there is no lead or unknown pipe material in the system.
By letter dated March 3, 2023, City was notified of lead and copper rule service line material inventory requirement. City is required to develop and submit a service line material inventory to the California State Water Resources Control Board, Division of Drinking Water (DDW) by October 16, 2024.
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City of Soledad Water System Page 15
Distribution System Disinfection Byproducts Rule (D/DBPR) Monitoring No. of Samples Required: Four paired TTHM and HAA5 samples quarterly in accordance with City’s DBPR monitoring plan.
ND: non-detect
Chlorine Residual Distribution System Monitoring
Routine chlorine residual monitoring is performed at the same frequency and sampling locations as the distribution system bacteriological monitoring. The monitoring is up to date and as of the 2nd quarter 2024, the running annual average for chlorine residual was 0.57 mg/L. The chlorine residual has not exceeded the chlorine Maximum Residual Disinfectant Level (MRDL) of 4.0 mg/L in the distribution system.
Distribution System Asbestos Monitoring
City is required to monitor its distribution system served by asbestos cement pipes at least once every nine (9) years at the taps served by asbestos-cement pipes during the hottest period of summer. The recent monitoring was completed in 2017 with no asbestos detection. The next monitoring is due by December 31, 2026.
Monitoring Data Record Retention
Are chemical/bacteriological laboratory data retained? Yes Duration of retention: 10 years
Are operational records retained: Yes
Duration of retention: 10 years
Method of Storage: Digital with hard drive backup
Is all source, DBPR, and LCR data reported to the Division via EDT? Yes System Management and Operations
Reporting to the Division
Date of last Annual Report to the Division? May 28, 2024 2023 Consumer Confidence Report (CCR) was completed and the CCR and CCR certification were submitted to the Division? Yes.
DBPR Monitoring
Sample Site Ps Code
Last
Monitoring
Date
RAA
TTHM
(ug/L)
RAA
HAA5
(ug/L)
Monitoring
frequency
(months)
779 Malaga Ct. CA2710011_DST_801 Jul-24 4.8 ND 3
1762 Sausalito Pl. CA2710011_DST_802 Jul-24 9.2 ND 3
355 Nestles Rd. CA2710011_DST_803 Jul-24 7.2 ND 3
9660 Sierra
Madre Ct. CA2710011_DST_804 Jul-24 10.8 ND 3
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City of Soledad Water System Page 16
Cross-Connection Control and Backflow Testing Program
Name of Cross-connection control coordinator(s): Moises Arizmendi (Backflow and crossconnection specialist certification #03491, Exp. 5/31/2025) Does the utility have a current Cross-Connection Control Ordinance? Yes, dated April 2024
According to the 2023 ARDWP, the last cross connection control survey was completed in February 2022.
Beginning on July 1, 2024, the water system must comply with the Cross Connection Policy Handbook. Cross-Connection Control Policy Handbook (ca.gov). The City of Soledad must send its cross-connection control plan no later than July 1, 2025.
City has a wastewater treatment facility; however, it is not connected to City’s potable water supply.
On March 24, 2022, Division issued Citation No. 02_05_22C_021 to the City for failure to test all BPA annually during 2017, 2018, and 2020. City tested 289 out of 292 BPAs in 2022. In 2023 ARDWP, City reported 319 active backflow prevention assemblies (BPAs) in the water system including three BPAs onsite, but not on service connections or meter. 316 BPAs were tested in 2023. Out of 316 BPAs, 17 failed, and were later repaired or replaced by the water system.
Customer Complaint Program
Are all complaints recorded? Yes
Are all complaints responded to? Yes
Digital/Hard Copy Tracking? Digital
City reported six customer complaints of taste and odor and 12 complaints of low water pressure in the 2023 ARDWP and was reportedly unfounded upon investigation by the water system. The complaints were not reported to the Division or local County staff.
Water System Mapping
Does the utility have up-to-date distribution system maps? Yes System Security
Overall site security is good. All facilities are monitored by the City’s security personnel, and the buildings and storage tanks are locked.
Emergency Response Program
Date of most recent Emergency Notification Plan (ENP): July 24, 2024 Date of Emergency Response Plan: January 1, 2024
Emergency Response Plan Tabletop Exercises: Never.
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City of Soledad Water System Page 17
Management Structure
Who owns the water system? City of Soledad
Water System Type: Local Government
Current organizational chart on file? Yes
Are personnel familiar with the Safe Drinking Water Act? Yes Is information adequately managed? Yes
Water System Financial Outlook
Are adequate reserve funds available to support staffing requirements? Yes Is there a Capital Improvement Plan (CIP)? Yes
According to City, they have adequate staff to maintain the system. However, they are trying to recruit additional staff.
Operator Compliance
The City water system is classified as D3 for distribution system operation and T1 for the iron and manganese removal and disinfection treatment facilities operation. The chief distribution system and treatment plant operator, Moises Arizmendi is T2 and D4 certified.
City has not provided any information on their shift operators in the 2023 ARDWP.
Per California Code of Regulations, title 22, section 64413.3, water systems are designated their distribution classification based upon population size and other distribution system related factors.
California Code of Regulations, title 22 section 64413.5 - 7 states (a) each water supplier shall designate at least one chief operator that meets the requirements for each treatment and/or distribution system utilized by the water system; (b) Each water supplier shall designate at least one shift operator that meets the requirements for each treatment and/or distribution system each operating shift; (c) The chief operator or shift operator shall be onsite or able to be contacted within one hour.
The Division noted the following deficiency:
3. City did not provide their treatment plant and distribution system shift operators’ information in the 2023 ARDWP. The missing shift operators’ information must be provided to the Division.
Water System Resiliency and Preparedness
The effects of extreme weather on community water system (CWS) facilities and operations is a concern and priority of the State Water Resources Control Board (SWRCB), which is documented by the SWRCB in its Comprehensive Climate Change Resolution adopted in March 2017. DDW is reviewing each water system’s level of resiliency and preparedness for changing climate conditions and extreme weather event, increasing awareness and familiarization to the effects of climate change to facilities and operations, encouraging the use of EPA’s Climate Resilience Evaluation and Awareness 143
City of Soledad Water System Page 18
Tool (CREAT), and documenting the Water System’s efforts related to current threats that may also provide mitigation to climate change impacts.
As part of the 2023 ARDWP, CWSs were asked to identify their vulnerabilities, and rank them as either high, medium, or low sensitivity, and proposed or implemented projects to prepare for the impacts from climate change. City provided responses to these questions.
In their 2023 ARDWP, City identified that their facilities have ‘none to low sensitivity’ to the following: Drought, Water Quality Degradation, Flooding, and Extreme Heat.
City indicated that they were aware of the CREAT tool developed by USEPA for identifying climate vulnerabilities. City has not used CREAT (or similar tool) to identify vulnerabilities to the water system sources and facilities. The SWRCB strongly encourages utilities to evaluate infrastructure and operational vulnerabilities to extreme weather and other emergency conditions using tools such as CREAT and engage in a conversation both within your water system organization and with customers on how to plan and prepare for being resilient to provide clean and safe water reliably and adequately under all current and future conditions.
ATTACHMENTS
A. Deficiency List and Recommendations
Report prepared by:
Date: August 19, 2024
Shaminder Kler, P.E.
Associate Sanitary Engineer, Monterey District
Division of Drinking Water
144
Monterey District | August 2024 Page 1 of 1
STATE WATER RESOURCES CONTROL BOARD
DRINKING WATER FIELD OPERATIONS BRANCH
ATTACHMENT A: 2024 SANITARY SURVEY DEFICIENCY LIST, REMINDERS, AND COMPLETED
DEFICIENCIES
Purveyor: City of Soledad Water System (System No. 2710011) Date of Inspection: March 26, 2024
Reviewing Engineer: Shaminder Kler
Updated by:
Date:
ORDER OF HAZARD:
A. CRITICAL HEALTH HAZARD - CORRECTIVE ACTION MUST BE TAKEN IMMEDIATELY B. SERIOUS HEALTH HAZARD - ACTION MUST BE TAKEN AS SOON AS POSSIBLE C. POTENTIAL HEALTH HAZARD - MUST BE CORRECTED AS WORKLOAD PERMITS D. SYSTEM OR OPERATIONAL DEFECT RESULTING IN POOR WATERWORKS PRACTICE 2023 SANITARY SURVEY – DEFICIENCY LIST
Date
Found Description of Deficiency
Order
of
Hazard
Date to
Address
Deficiency
Date
Corrected
TREATMENT FACILITIES
March 26,
2024
City must install air gap protection at all online analyzer connections to the wastewater collection inlets. B October 30, 2024
WATER QUALITY MONITORING AND REPORTING
July 24,
2024
City must monitor all wells for all SOCs for two
consecutive quarters in 2024. N/A
Overdue;
must monitor
two
consecutive
quarters in
2024
OPERATOR COMPLIANCE
July 24,
2024
City did not provide their treatment plant and distribution system shift operators’ information in the 2023
ARDWP. The missing shift operators’ information must
be provided to the Division.
N/A October 30,
2024
145
146
147
148
149
SUBJECT: Human Resources Activity Report
TO: Honorable Mayor Velazquez and City Council
FROM: Francine Uy, Human Resources Manager
COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager
MEETING
DATE: September 4, 2024
OPEN RECRUITMENTS:
Associate Planner/Senior Planner – Opened on 7/24/24. Open until filled.
Police Officer (4) – Continuous
RECRUITMENT STATUS UPDATE:
(1) Information Technology Technician—Recruitment opened on 7/26/24 and closed on 8/9/24. Remote Screening was completed from 8/19/24 to 8/21/24. Final interviews are scheduled for 9/5/24.
(1) Water Reclamation Shift Supervisor – Pending internal promotion. Incumbent is scheduled to take the exam on 10/14/24.
(1) Homeless Services Coordinator (Limited Term/Grant Funded) – Council approved job description with modifications on 8/21/24. Recruitment is coming soon.
VACANCY STATUS UPDATE:
(1) Assistant Engineer – Hired Juan Huerta effective 8/26/24. (1) Police Officer Lateral – Hired Hector Varela effective 8/20/24. (2) Police Officer Recruit – Currently attending Police Academy. Upon successful completion, graduation is set for 9/13/24.
(1) Water Resources Manager – RGS (external) – Interview completed. City offer was declined on 8/26/24.
(1) PW Management Analyst – Interview conducted on 8/8/24. Eligibility list established.
TEMPORARY STAFFING:
(1) Water Reclamation Chief Plant Operator – Special assignment. (1) Office Specialist (Building) – Peak workload with development and ADUs. (1) Office Assistant (Police Department) – Peak workload with Records Division. (1) Maintenance Worker – Backfill for WC injury
(1) Community Services Officer – Backfill CSO assigned to VAA AGENDA ITEM NO. 8.
150
SUBJECT: Office of Community Engagement Report
TO: Honorable Mayor Anna Velazquez and City Council
FROM: Jesus Valenzuela, Community Engagement Manager
COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager
MEETING
DATE: September 4, 2024
Facebook
Reach: 15.4k – 48.2% increase
Content Interactions: 831 – 4.3% decrease
Page Visits: 6.1k – a 10.7% increase
New follows: 52 new follows
Total followers: 4,770
Soledad – 40.7%
Women – 68.9%
Men – 31.1%
Most successful post: Garage Sale
Instagram
Reach: 1.8k – 62% decrease
Content Interactions: 122 – 90.9% decrease
Visits: 1.1k –49.1% decrease
New Followers: 47
Total followers: 1,664
Soledad –46.2%
Women – 65.4%
Men – 34.6%
Most successful post: Mural survey
Twitter
Data for Twitter is currently unavailable
Youth Participatory Action Research Project and Youth Commission The Youth Commissioners closed their year with a summer Youth Participatory Action Research Project (YPAR) cohort. Using the YPAR framework, the commissioners led the participants to better understand how a city functions and identify an issue the youth wanted to work on. The youth incorporated a Crime Prevention Through Environmental AGENDA ITEM NO. 9.
151
Design (CPTED) frame in their research. The result was the exploration of the creation of a Teen Center. For more information, please see the report attached.
The Youth Commissioners closed their year with a debriefing session that included Megan Hunter, Jesus Valenzuela, and Ivan Ibarra. This debrief allowed us to learn more about how to improve the next cohort.
Public Works
The Office of Community Engagement worked with Public Works to disseminate appropriate information on the wells' status. This process required extensive media coordination and took a few days to complete. We wanted to ensure that we were passing along timely information to the media and keep the public from thinking that the issue was more severe.
Police Department
The Office of Community Engagement worked with the Police Department to ensure that the appropriate information regarding the abatement issue on Asilomar was disseminated to the media. This became a priority as the initial story that broke the news contained misinformation. There was a lot of work to disseminate the appropriate information, including knocking on the neighbors' doors.
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.
Adult Civics Academy
With the help of Yessica Ornelas, we have been updating the curriculum in preparation for the second cohort of the Civics Academy. We created a survey and are distributing it with the support of the first cohort. We will keep the Council updated on the progress. 152
Proposal for the Establishment of a
Soledad Teen Center (STC)
Prepared by: Yessica Ornelas
I. Executive Summary
The City of Soledad is known for its rich cultural and natural landmarks, including the Pinnacles National Park and the beautiful vineyards that encapsulate our town. While these attractions draw tourists and visitors, our local youth, particularly those in middle and high school, face a growing challenge: the lack of dedicated spaces that cater to their needs outside of school hours. This proposal advocates for establishing a Teen Center in Soledad— a facility designed to provide a safe, engaging, and supportive environment where teens can congregate, participate in programs, and develop skills that will benefit them and the community.
II. Justification and Community Needs
Despite Soledad's natural beauty and community assets, there has been a noticeable gap in youth-oriented spaces, leaving teens with limited options for safe, productive engagement after school. The absence of such facilities has contributed to a range of issues, including but not limited to increased teen violence, gang affiliation, and drug use. The proposed Soledad Teen Center (STC) aims to address these challenges by offering a designated space where teens can engage in academic, social, and recreational activities in a safe and supervised environment.
Key Benefits of the Soledad Teen Center:
• Reduction in Teen Violence and Crime: By providing a structured environment, the STC can help minimize the likelihood of teens engaging in harmful behaviors. • Increased Academic Engagement: The STC will offer academic support, including tutoring and professional workshops, to enhance students' educational outcomes. 153
• Social and Recreational Opportunities: The center will serve as a hub for social interaction, offering a variety of recreational programs specifically designed for teens (i.e, yoga, meditation, a safe gathering place, etc)
III. Facility Description
The Soledad Teen Center (STC) will provide a designated, safe space where teens can visit, participate, and socialize, addressing both parental concerns about their children’s whereabouts and teens' complaints about having nothing to do. By offering a range of academic, social, and recreational opportunities, the STC will keep teens engaged in a supervised environment, reducing their susceptibility to crime and violent behavior that can arise when left unsupervised. The center will host various programs, from academic tutoring to professional workshops, which will allow teens to pursue further academic interests. Socially, the STC could serve as a hub for safe teen interaction, offering events and field trips, such as those modeled after successful programs, like the Indio Teen Center. These field trips can be viable using district or city vehicles that could provide transportation for teens venturing to other areas beyond the Salinas Valley. The facility will also expand on the recreational offerings of the current Soledad Community Center, with programs tailored specifically to teens, including sports, arts (culinary, music, etc.), and audio/video production. Unlike other facilities, the STC will focus exclusively on meeting the unique needs of this age group.
IV. Collaboration and County Impact
The establishment of the Soledad Teen Center (STC) not only addresses local needs but also creates opportunities for county collaboration. As the first Teen Center in South County, the STC can serve as a model for neighboring cities such as Gonzales and Greenfield, which face similar challenges related to teen engagement and youth crime. By partnering with these cities, Soledad could expand the center’s impact, transforming it into a South County Teen Center that caters to teens within South County. This collaborative approach would allow for shared resources, enabling the organization of joint programs and events that leverage the strengths of each city. It would also increase access to a broader range of activities for teens from neighboring communities, enhancing overall county youth engagement. Furthermore, a unified 154
effort to support teen youth across South County would strengthen community ties and foster a shared vision for youth development.
V. Addressing Current Limitations and Community Engagement We acknowledge that a space within the Soledad Community Center has already been designated for youth activities, and we aim to build on this foundation to better meet the evolving needs of our teens. To do so, we launched a 7-week summer program called Youth Participatory Action Research (YPAR), led by Jesus Valenzuela and co-led by Yessica Ornelas.
This program empowered teens to explore the challenges within our community and propose solutions that would make Soledad a safer and more enjoyable place for them.
This year, the YPAR program aims to deepen teens' understanding of their city, including learning about Crime Prevention Through Environmental Design (CPTED). The teens identified the need for a dedicated Teen Center as a priority. Following this, we engaged with various city departments, gaining insights into how a Teen Center could be realized and the potential it holds for our community. Additionally, we conducted a canvassing campaign to raise awareness about the YPAR program and our Teen Center initiative. The response was overwhelmingly positive, with over 25 teens expressing strong interest in getting involved through surveys. This enthusiastic feedback underscores the need for a dedicated Teen Center in Soledad, highlighting the community’s desire for a space that truly meets the needs of our youth.
VI. Conclusion
The proposed Soledad Teen Center represents a critical investment in the future of our community. By creating a dedicated space for our youth, we can foster a safer, more engaged, and more productive generation of teens. This facility will not only address current challenges but will also serve as a catalyst for county collaboration, making Soledad a leader in youth development in South County.
We urge the City Council to consider this proposal and support the establishment of the Soledad Teen Center. Together, we can create a space that empowers our youth, strengthens our community, and sets a positive example for neighboring cities to follow. 155
SUBJECT: Accept an Update on the Emergency Declaration Regarding the City's Water System from the July 31, 2024 Soledad City Council Meeting and Continue the Emergency Declaration by Minute Motion
TO: Honorable Mayor Velazquez and City Council
FROM: Don Wilcox, Public Works Director
MEETING DATE: September 4, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 10.
Recommendation
It is recommended that the City Council receive and accept an update on the Emergency Declaration regarding the City's Water System from the July 31, 2024 Soledad City Council Meeting and continue the Emergency Declaration by Minute Motion.
Executive Summary
On Tuesday, July 30, 2024, Well No.11, Soledad’s highest producing well, was found to be out of service. Time was of the essence, so Soledad City Council issued a declaration of an emergency to relieve the City of formal bidding requirements to enable expeditious repairs to Well No. 11 and authorized the City Manager to spend an amount not to exceed $120,000 for equipment and services to get Well #11 back in service. Since emergency circumstances concerning water service still exist as of the current date, the Council is being requested to continue the Emergency Declaration by minute motion.
Background
On Tuesday, July 30, 2024, Well No. 11, Soledad’s highest producing well, was found to be out of service. This happened when Well No. 10 was down for scheduled maintenance, and Well No. 6 was down due to vibration. This created a situation where the water reservoirs could not be kept full as necessary for adequate water storage as needed in case of emergency. Soledad City Council held a special meeting on July 31, 2024, in order to declare an emergency so that repairs to Well #11 could be performed without delay.
Since that time, Well #10 was placed back in service and Well #6 was placed back in limited service, which enabled the complete filling of the water reservoirs. Well #11 remains out of service, so the emergency conditions considered by the Council on July 31, 2024 persist and Staff is recommending that the Council find that the need to employ emergency contracting procedures continues. 156
Review & Analysis
Staff has been working on the best price and availability to get a replacement pump/motor procured and installed so that Well #11 is back in service as soon as possible as we go into our highest water demand month. The old pump/motor is being shipped to a company in Texas that can evaluate it towards being rebuilt to be used as a spare, but we have yet not received an estimated cost or schedule. Maggiora Bros Drilling has submitted a quote in the amount of $88,470 for a new pump and motor with a 2-4 week delivery time, and the City Manager authorized that purchase on August 27, so we are anticipating the new pump to arrive and be installed by the end of September.
Given the fact that emergency circumstances impacting the City’s ability to provide adequate water service in the upcoming months still exist, Staff is recommending that the City Council receive and accept this update on the City’s Water System and continue the Emergency Declaration made on July 31, 2024 by minute motion
Financial Considerations
On July 31, 2024, Soledad City Council authorized repairs to Well No. 11 as necessary and up to $120,000, to be funded by the Water Operations Fund #309 – Reserves Alternatives
Alternative 1 – Do not approve, which is not recommended as Well No. 11 is needed, especially in the upcoming highest water demand months.
Alternative 2 – Conduct a formal bid according to Municipal Code Section 3.24.060, which is also not recommended as Well No. 11 is needed, especially in the upcoming highest water demand months.
Provide Staff with alternate direction.
Planning/CEQA
The proposed repair work does not require analysis under the California Environmental Quality Act (CEQA), based on 14 California Code of Regulations Section 15301, which provides that repair and maintenance of existing public facilities and mechanical equipment that does not entail expansion of a former use is exempt from CEQA.
Public Notice Requirements
None required.
157
SUBJECT: Resolution No. 6149, A Resolution of the City Council of the City of Soledad Approving:
1. Consulting Services Agreement Task Order No. 2 in the Amount of $24,270 with 360 PSM to Provide DIR Labor Compliance Support Services for the Community Center Building Modernization Project and
2. Consulting Services Agreement Task Order No. 3 in the Amount of $23,472 With 360 PSM to Provide DIR Labor Compliance Support Services for the Front Street Maintenance Project and Authorizing the City manager to Execute Said Task Orders on Behalf of the City of Soledad
TO: Honorable Mayor Velazquez and City Council
FROM: Don Wilcox, Public Works Director and Alex Ramos, Assistant Engineer MEETING DATE: September 4, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 11.
Recommendation
It is recommended that the City Council of the City of Soledad consider and adopt Resolution No 6149, “A Resolution of the City Council of the City of Soledad Approving:
1. Consulting Services Agreement Task Order No. 2 in the Amount of $24,270 with 360 PSM to Provide DIR Labor Compliance Support Services for the Community Center Building Modernization Project, and
2. Consulting Services Agreement Task Order No. 3 in the Amount of $23,472 with 360 PSM to Provide DIR Labor Compliance Support Services for the Front Street Maintenance Project and authorizing the City Manager to Execute said Task Orders on Behalf of the City of Soledad”.
Executive Summary
Public Works Projects are subject to various laws and regulations established by the Department of Industrial Relations (DIR) to which the City must adhere. It is the responsibility of the City to ensure that DIR compliance requirements are upheld, which includes but is not limited to ensuring that prevailing wages are being paid, certified payroll is submitted, union interns are hired, employee interviews are conducted, and project details are uploaded to the DIR website before commencing work as well as on each payday. Performing the DIR Labor compliance is an extensive effort that requires 158
substantial coordination between the contractor, laborers, and subcontractors to ensure compliance is met, or the City is subject to potentially severe consequences. Staff, therefore, recommends that the Council approve Task Order No. 2 and Task Order No. 3 to provide DIR Labor compliance support services for ongoing city projects.
Background
Public Works Projects are subject to various laws and regulations established by the Department of Industrial Relations (DIR) to which the City must adhere . The City is responsible for ensuring project details are uploaded to the DIR website in a timely manner so that the Contractor may register themselves with the specific project before beginning work. Additionally, as part of DIR compliance requirements, the City is also responsible for ensuring certified payroll is submitted, work onsite matches those in the invoices/payroll, classification pay matches the activities performed daily, overtime is paid at the correct rates, wages are correct based on location and date of bid, benefits, and onsite interview inspections to confirm the contractor crew and subcontractors are being accurately paid as reported.
An existing Non–Exclusive Consulting Services Agreement between the City and 360 PSM has been established for DIR Labor Compliance Services on City Projects. The purpose of executing the agreement as such is to create project-specific task orders to cleanly separate each task from one another. This enables the invoicing and, therefore, expenditures to be submitted per Task Order and helps with the processing and annual reports.
Task Order No. 1 has been executed for $9,946 to provide Labor Compliance Services for the 2024 Crack Seal Project with 360 PSM. The proposal received, and all subsequent proposals are based on estimated efforts and not a lump sum. Therefore, if the efforts fall below the estimated amount, the City will only pay for the efforts performed not the full amount as estimated.
Review & Analysis
Performing the DIR Labor Compliance is an extensive effort that requires substantial coordination between the contractor, laborers, and subcontractors to ensure everyone is being paid appropriately to satisfy the prevailing wages/Public Works law. If the contractor or subcontractors cannot meet compliance, this poses an issue not only to the contractor but to the City as well. Consequences of noncompliance can result in:
Restitution of wages owed, plus interest and liquidated damages Monetary penalties
Debarment of up to three years
Criminal Prosecution
Reimbursement of investigation costs to DIR
If compliance is not met, the City is responsible for ensuring all the deficiencies are corrected before the project is closed. This can require substantial Staff time, which is not the best use of the City’s resources. In addition, DIR regulations are complex, requiring breadth and depth of knowledge to ensure compliance, which staff does not have the subject matter expertise or bandwidth to monitor.
To ensure the DIR labor compliance is met with the ongoing city projects, Staff requested proposals from 360 PSM for the Community Center Building Modernization Project and the Front Street Maintenance Project. 360 PSM was selected as they have the experience and team of qualified professionals to perform the services required to ensure compliance and their prior service to Soledad 159
on the Orchard Ln Project performing similar efforts on that project. 360 PSM has also successfully previously ensured DIR compliance for all parties associated with the City’s recent Orchard Lane Park Project. Therefore, Staff recommends that the Council approve Task Orders No. 2 & No. 3 to DIR Labor Compliance Support Services on ongoing city projects.
Financial Considerations
The project’s respective funding sources shall cover funding for these professional support services.
Task Order No. 2 –Additional interest earnings in the American Rescue Plan Act (ARPA) Fund.
Task Order No. 3 – Measure X Funding: 210-7160-5632
Task Order Breakdown
TO. 1 - $9,946
TO. 2 - $24,270
TO. 3 - $23,472
Updated Contract Amount: $57,688
Alternatives
Approve the Resolution as recommended.
Do not adopt the proposed Resolution
Planning/CEQA
TO.2 - 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 project scope to, examples of such projects, including interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. As detailed above, the proposed Project would be categorized under this description.
TO.3 - 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):
160
Resolution No. 6149
Exhibit A - TO. 2 with Proposal
Exhibit B - TO. 3 with Proposal
Attachment(s):
161
RESOLUTION NO. 6149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD APPROVING:
1. CONSULTING SERVICES AGREEMENT TASK ORDER NO. 2 IN THE AMOUNT OF $24,270 WITH 360 PSM TO PROVIDE DIR LABOR COMPLIANCE SUPPORT
SERVICES FOR THE COMMUNITY CENTER BUILDING MODERNIZATION
PROJECT
2. CONSULTING SERVICES AGREEMENT TASK ORDER NO. 3 IN THE AMOUNT OF $23,472 WITH 360 PSM TO PROVIDE DIR LABOR COMPLIANCE SUPPORT
SERVICES FOR THE FRONT STREET MAINTENANCE PROJECT
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID TASK ORDERS ON
BEHALF OF THE CITY OF SOLEDAD
WHEREAS, the City of Soledad Public Works Projects are subject to various laws and regulations that the City must adhere to in order to be compliant with the Department of Industrial Relations (DIR); and
WHEREAS, the City is responsible for ensuring that project details are uploaded to the DIR website in a timely manner so that the Contractor may register themselves with the specific project, certified payroll is submitted, work onsite matches those reflected in the invoices/payroll, classification pay matches the daily activities, overtime is paid at the correct rates, wages and benefits are correct based on location and date, and a variety of onsite interview inspections are conducted to confirm the contractor and subcontractors are paying accurately; and WHEREAS, performing the DIR Labor Compliance is an extensive effort that requires substantial amounts of coordination between the contractor, laborers, subcontractors, and the DIR to ensure everyone is being paid appropriately to satisfy prevailing wages and Public Works Law; and
WHEREAS, to avoid the consequences of non-compliance that typically results in restitution of wages owed, plus interest and liquidated damages, monetary penalties, debarment of up to three years, criminal prosecution, reimbursement of investigation costs to DIR, Staff sought proposals from 360 PSM for the Community Center Building Modernization Project and the Front Street Maintenance Project; and
WHEREAS, 360 PSM was selected as they have the experience and team of qualified professionals to perform the services required to ensure compliance and their prior service to Soledad on the Orchard Lane Project in which they performed similar efforts on that project; and WHEREAS, Staff, therefore, recommends that the City Council approve Task Order No. 2 and Task Order No. 3 to provide DIR Labor Compliance Support Services on the ongoing city 162
projects, the Community Center Building Modernization Project and the Front Street Maintenance Project; and
WHEREAS, the funding for the professional support services shall be funded through the project’s respective funding sources. Task Order No. 2 will be funded through the additional interest earnings in the American Rescue Plan Act (ARPA) Fund and Task Order No. 3 will be funded through Measure X Funding; and
WHEREAS, both projects are categorically exempt under Class 1 Existing Facilities, as they have met the qualifying criteria provided under CEQA Guidelines Section 15301.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Soledad that:
1. The Consulting Services Agreement Task Order No. 2 between the City of Soledad and 360 PSM for DIR labor compliance support services for the Community Center Building Modernization Project in the not to exceed amount of $24,270, a copy of which is attached hereto as Exhibit A, and by this reference incorporated herein, is hereby approved,
2. The Consulting Services Agreement Task Order No. 3 between the City of Soledad and 360 PSM for DIR labor compliance support services for the Front Street Maintenance Project in the not to exceed amount of $23,472, a copy of which is attached hereto as Exhibit B, and by this reference incorporated herein, is hereby approved,
3. The City Manager is hereby authorized and directed to execute the same on behalf of the City.
PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 4th of September 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
163
360PSM
TASK ORDER FOR PROFESSIONAL SERVICES
Task Order No. 2
1. Pursuant to the Non-Exclusive Consulting Services Agreement for professional support services Dated July 1, 2024 (“Agreement”) between the City of Soledad (“City”) and 360PSM (“Consultant”) City hereby requests that Consultant provide services for the following Project:
Labor Compliance Services for Community Center Building Modernization CIP Number: F23-08.
2. Consultant shall provide the following services: See Attached Proposal.
3. Consultant services for the project are to commence on July 1, 2024
4. Consultant shall be compensated for its services for the project as follows: See Attached Proposal ($24,268).
City and Consultant agree to the terms and conditions of this Task Order, and upon execution of this Task Order by both parties, this Task Order shall be approved, subject to all terms and conditions contained therein and in the Agreement, and this Task Order shall be appended to and become a part of the Agreement. To the extent there may be a conflict between the consultant proposal terms and the agreement, the City’s agreement language prevails.
City of Soledad
_________________________________
By: Megan Hunter
Date: _____________________________
360PSM
_______________________________
By: ___________________________
Date: __________________________
Exhibit A 164
Labor Compliance Monitoring OfficerAnalyst
Community Center Building Modernization
CIP NUMBER: F23-08
For
City of Soledad
Donald Wilcox, PE
Public Works Director/City Engineer
City of Soledad
831.223.5124
Catalina Ferreto
President
360PSM INC.
Labor Compliance Monitoring Officer- Analyst
18110 Stonehaven DR
Salinas, CA 93908
165
6-10-2024
Donald Wilcox, PE
Public Works Director/City Engineer
City of Soledad
831.223.5124
Subject: Proposal for Labor Compliance Services for Community Center Building Modernization CIP NUMBER: F23-08 for City of Soledad
Dear Mr. Wilcox
360PSM is a Certified Woman Minority Business Enterprise (WMBE) founded in 2018. State of California Certified Disadvantaged Business Enterprise (DBE #45909), California Small Business for Purpose of Public Works (SB-PW) certification (ID 2019749), registered with the State of California Department of Industrial Relations, Registration Number: PW-LR-1001158288 Supporting the City of Soledad. will be Catalina Ferreto, President of 360PSM. 360PSM recently provided non-engineering support services on a Federally Funded infrastructure project and on a State of California funded infrastructure project. 360PSM is committed to working with the City of Soledad for the Community Center Building Modernization CIP NUMBER: F23-08 for City of Soledad
360PSM will provide the following services.
• Labor Compliance Services
We look forward to working with you and the other team members on this important project for the for The City of Soledad. The main point of contact for this project is Catalina Ferreto and she can be reached by phone at 831-500-1263 by mail at 18110 Stonehaven Dr, Salinas CA, 93908 or via email at [email protected]
Catalina Ferreto
360PSM INC.
President
831-500-1263
[email protected]
166
Project Understanding Scope of work
Labor Compliance
Community Center Building Modernization CIP NUMBER: F23-08 for City of Soledad Project Information / Understanding
Location and Description. The Project is located 560 Walker Dr. in the City of Soledad, County of Monterey, and is described as follows:
See the bid documents for a full scope of work, a partial list includes the following:
Selective Demolition, Kitchen remodel, Restroom remodel, Stage Lift, Accessibility Upgrades (parking, signs, doors, hardware, etc), Electrical, Mechanical & Plumbing 1) Base Bid
a. Kitchen Remodel
b. ADA upgrades (Parking, Site, Doors)
2) Separate Line Items to
a. Base Bid Stage Lift
b. Stage electrical/lighting
3) Bid Alternates:
a. Gym Lighting
b. Restroom Remodel
c. Site Work: Trash Enclosure, Site Lighting
Time for Final Completion. The Project must be fully completed within 150 calendar days Project Cost $917,169.00
General scope of work:
Kick off meeting
1. Participate in Kick off meeting
Project Meetings
1. 360PSM will assist project meetings as need it.
Labor Compliance Monitoring analysis and coordination
1. Review contract provisions and labor compliance requirements with the project team.
2. Determine the specific labor standards and dates of effect for Wage Federal Davis Bacon and State Prevailing Wages for the construction project
3. Set up and maintain all compliance files and documents relating to prevailing wage for Federal Davis Bacon and State Prevailing Wages activities.
4. Set up and maintain labor compliance files tracking the prime contractor and subcontractors.
167
Project Understanding Scope of work
Labor Compliance
Community Center Building Modernization CIP NUMBER: F23-08 for City of Soledad
5. Attend pre-construction meetings to discuss prevailing wage requirements with contractor and subcontractors.
6. Review Contractor's compliance with all State and Federal required postings such as the prevailing wage rates and EEO policies as well as the Contractor's Affirmative Action Plan.
7. Verify that certified payroll records are submitted by prime contractors and their subcontractors
8. As need it . Conduct Employee Field Interviews to confirm worker classification and wage rate of the project workforce conforms to the applicable contract provisions.
9. Reconcile Weekly Certified Payroll Reports (CPR) & supporting documentation with wage decision and employee field interviews. Perform continuous and timely monitoring reviews of CPRs and related submissions for compliance.
10. Review and verify Fringe Benefit Statements are consistent with the contract provisions and State of California requirements.
11. Monitor the submittal of Training Fund Contribution Reports.
12. Monitor workforce utilization reports to verify trade and apprenticeship participation.
13. Identify violations and investigate complaints of underpayment to workers.
14. Notify regarding delinquent, uncertified, inaccurate, and improperly completed payroll records and recommend appropriate corrective action for lack of strict compliance.
Wage Underpayment and Restitution Activities
1. Identify wage underpayment through audits of payroll documents, during onsite employee interviews or by complaints filed by workers on the project.
2. Calculate and recommend the amount of wages that will be withheld from the contractor's payments/retention.
3. Prepare documentation that list the week endings worked, the name of the worker, trade classification, number of hours worked, rate paid, correct prevailing wage rate and the amount due each worker. Prepare and submit documentation. 168
Cost Proposal
City of Soledad Community Center Building Modernization Project
Compensation
We have reviewed the contract documents and have developed an estimate of the following fee for labor compliance and monitoring prevailing wages. This estimate is based on an average construction project, however, there are factors beyond our control such as the performance of the contractor to complete the work on time and the number of underpayment violations. If project services are needed beyond the project duration shown below, the fee would be extended at the following rate.
Conclusion
We look forward to working with you on this important project. Please contact Catalina Ferreto at (831)500-1263 or email [email protected]
Sincerely,
Catalina Ferreto
President
360PSM
(831)500-1263
www.360psm.com
Description Hours Rate Total
Labor Compliance Monitoring OfficerAnalyst
156 $132.61 $20,687
Labor Compliance Interviews 9 $132.61 $5,967
Total: $24,268
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360PSM
TASK ORDER FOR PROFESSIONAL SERVICES
Task Order No. 3
1. Pursuant to the Non-Exclusive Consulting Services Agreement for professional support services Dated July 1, 2024 (“Agreement”) between the City of Soledad (“City”) and 360PSM (“Consultant”) City hereby requests that Consultant provide services for the following Project:
Labor Compliance Services for Front Street Maintenance Project City Project No. T23-01.
2. Consultant shall provide the following services: See Attached Proposal.
3. Consultant services for the project are to commence on July 1, 2024.
4. Consultant shall be compensated for its services for the project as follows: See Attached Proposal ($23,472).
City and Consultant agree to the terms and conditions of this Task Order, and upon execution of this Task Order by both parties, this Task Order shall be approved, subject to all terms and conditions contained therein and in the Agreement, and this Task Order shall be appended to and become a part of the Agreement. To the extent there may be a conflict between the consultant proposal terms and the agreement, the City’s agreement language prevails.
City of Soledad
_________________________________
By: Megan Hunter
Date: _____________________________
360PSM
_______________________________
By: ___________________________
Date: __________________________
Exhibit B 170
Labor Compliance Monitoring OfficerAnalyst
Front Street Maintenance Project
City Project No. T23-01
City of Soledad
Donald Wilcox, PE
Public Works Director/City Engineer
City of Soledad
831.223.5124
Catalina Ferreto
President
360PSM INC.
Labor Compliance Monitoring Officer- Analyst
18110 Stonehaven DR
Salinas, CA 93908
171
6-27-2024
Donald Wilcox, PE
Public Works Director/City Engineer
City of Soledad
831.223.5124
Subject: Proposal for Labor Compliance Services for the Front Street Maintenance Project City Project No. T23-01 For City of Soledad
Dear Mr. Wilcox
360PSM is a Certified Woman Minority Business Enterprise (WMBE) founded in 2018. State of California Certified Disadvantaged Business Enterprise (DBE #45909), California Small Business for Purpose of Public Works (SB-PW) certification (ID 2019749), registered with the State of California Department of Industrial Relations, Registration Number: PW-LR-1001158288 Supporting the City of Soledad. will be Catalina Ferreto, President of 360PSM. 360PSM recently provided non-engineering support services on a Federally Funded infrastructure project and on a State of California funded infrastructure project. 360PSM is committed to working with the City of Soledad for the Front Street Maintenance Project City Project No. T23-01 For City of Soledad 360PSM will provide the following services.
• Labor Compliance Services
We look forward to working with you and the other team members on this important project for the for The City of Soledad. The main point of contact for this project is Catalina Ferreto and she can be reached by phone at 831-500-1263 by mail at 18110 Stonehaven Dr, Salinas CA, 93908 or via email at [email protected]
Catalina Ferreto
360PSM INC.
President
831-500-1263
[email protected]
172
Project Understanding Scope of work
Labor Compliance
Front Street Maintenance Project City Project No. T23-01 City of Soledad Project Information / Understanding
Project Information.
Location and Description. The Project is located on Front Street between Moranda Road near Highway 101 to the intersection with Nestles Road within City of Soledad, County of Monterey, and is described as follows:
Civil work includes, but is not limited to, maintenance activities including a 2-inch grind and inlay of asphalt pavement, removal of existing trees between Benito Street and Oak Street, removal and replacement of sections of curb and gutter along between West Street and Oak Street, removal and replacement of sidewalk along between West Street and Oak Street, removal of lighting bollards, addition of truncated domes, addition of driveway aprons, removal of one existing catch basin, installation of one new Type GO catch basin, installation of new 18-inch storm drain pipe, installation of one new storm drain manhole, installation of new trees, removal of detector loops, new signing and striping roadway.
Landscape work includes, clearing and grubbing of landscape pockets at existing curb extensions, planting of 23 new trees along Front Street between Benito Street to East Street, installation of new landscape at existing curb extensions, and irrigation retrofits to the existing planters.
Signal and Lighting work includes replacement of 86 LED luminaries at existing street light poles along project limits of Front Street, Installation of pull boxes, installation of one signal video detection system, and modification of two existing signal video detection system.
Time for Final Completion: The Project must be fully completed within 120 calendar days from the start date set forth in the Notice to Proceed. City anticipates that the Work will begin on or about May 15, 2024, but the anticipated start date is provided solely for convenience and is neither certain nor binding.
Estimated Cost. The estimated construction cost is $4,059,748.
General scope of work:
Kick off meeting
1. Participate in Kick off meeting
Project Meetings
1. 360PSM will assist project meetings as need it.
Labor Compliance Monitoring analysis and coordination
1. Review contract provisions and labor compliance requirements with the project team. 173
Project Understanding Scope of work
Labor Compliance
Front Street Maintenance Project City Project No. T23-01 City of Soledad
2. Determine the specific labor standards and dates of effect for Wage Federal Davis Bacon and State Prevailing Wages for the construction project
3. Set up and maintain all compliance files and documents relating to prevailing wage for Federal Davis Bacon and State Prevailing Wages activities.
4. Set up and maintain labor compliance files tracking the prime contractor and subcontractors.
5. Attend pre-construction meetings to discuss prevailing wage requirements with contractor and subcontractors.
6. Review Contractor's compliance with all State and Federal required postings such as the prevailing wage rates and EEO policies as well as the Contractor's Affirmative Action Plan.
7. Verify that certified payroll records are submitted by prime contractors and their subcontractors
8. As need it . Conduct Employee Field Interviews to confirm worker classification and wage rate of the project workforce conforms to the applicable contract provisions.
9. Reconcile Weekly Certified Payroll Reports (CPR) & supporting documentation with wage decision and employee field interviews. Perform continuous and timely monitoring reviews of CPRs and related submissions for compliance.
10. Review and verify Fringe Benefit Statements are consistent with the contract provisions and State of California requirements.
11. Monitor the submittal of Training Fund Contribution Reports.
12. Monitor workforce utilization reports to verify trade and apprenticeship participation.
13. Identify violations and investigate complaints of underpayment to workers.
14. Notify regarding delinquent, uncertified, inaccurate, and improperly completed payroll records and recommend appropriate corrective action for lack of strict compliance.
Wage Underpayment and Restitution Activities
1. Identify wage underpayment through audits of payroll documents, during onsite employee interviews or by complaints filed by workers on the project. 174
Project Understanding Scope of work
Labor Compliance
Front Street Maintenance Project City Project No. T23-01 City of Soledad
2. Calculate and recommend the amount of wages that will be withheld from the contractor's payments/retention.
3. Prepare documentation that list the week endings worked, the name of the worker, trade classification, number of hours worked, rate paid, correct prevailing wage rate and the amount due each worker. Prepare and submit documentation. 175
Cost Proposal
Front Street Maintenance Project City Project No. T23-01 City of Soledad
Compensation
We have reviewed the contract documents and have developed an estimate of the following fee for labor compliance and monitoring prevailing wages. This estimate is based on an average construction project, however, there are factors beyond our control such as the performance of the contractor to complete the work on time and the number of underpayment violations. If project services are needed beyond the project duration shown below, the fee would be extended at the following rate.
Conclusion
We look forward to working with you on this important project. Please contact Catalina Ferreto at (831)500-1263 or email [email protected]
Sincerely,
Catalina Ferreto
President
360PSM
(831)500-1263
www.360psm.com
Description Hours Rate Total
Labor Compliance Monitoring OfficerAnalyst
132 $132.61 $17,505
Labor Compliance Interviews 15 $132.61 $5,967
Total: $23,472
176
SUBJECT: Resolution No. 6151, A Resolution of the City Council of the City of Soledad Approving Consultant Services Agreement with Mark Miller & Associates in the Amount not to Exceed $32,500 for Design Services for Soledad CIP #S01 – Manholes Rehabilitation/Replacement Project, and Authorizing the City Manager to Execute said Agreement on Behalf of the City of Soledad
TO: Honorable Mayor Velazquez and City Council
FROM: Don Wilcox, Public Works Director
MEETING DATE: September 4, 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 consider and adopt Resolution No.6151 "Approving a Consultant Services Agreement with Mark Miller & Associates in the Amount Not to Exceed $32,500 for Design Services for Soledad CIP #S01 – Manholes Rehabilitation/Replacement Project, and Authorizing the City Manager to Execute said Agreement on Behalf of the City of Soledad".
Executive Summary
The Soledad Sanitary Sewer Master Plans as well as Wastewater Collections Division Staff have identified sanitary sewer manholes that should be rehabilitated or replaced entirely. On July 20, 2022, the Council approved Soledad CIP # S01 – WRF Manholes, a manhole rehabilitation design project for the large sanitary sewer interceptor manholes buried under the farm fields between Hwy 101 and the Soledad WRF, including the sanitary sewer line from CDCR to the Soledad WRF. This project, Soledad CIP #S01 – Manholes Rehabilitation/Replacement, includes rehabilitation of the smaller sanitary sewer collection system manholes throughout the City east of Hwy 101. Funding for this project will come from the Fiscal Year 2024-25 Wastewater Fund, Line Item 310-6100-5632 - Manholes Rehab/Replace - $101,850.
Background
The Soledad 2019 Sanitary Sewer Master Plan included a visual assessment to identify sanitary sewer manholes that should be rehabilitated or replaced entirely. In addition, Wastewater Collections Division Staff have a list of manholes that are failing, and many of the older brick manholes need to be regrouted, repaired or replaced to maintain structural integrity. 177
On July 20, 2022, Council approved Soledad CIP # S01 – WRF Manholes, to excavate and perform condition assessments of the large sanitary sewer interceptor manholes buried under the farm fields between Hwy 101 and the Soledad WRF leading into the Soledad WRF on the west side of Hwy 101, including the sanitary sewer line from CDCR to the Soledad WRF. That assessment is complete, and the rehabilitation project for those manholes will be advertised for formal bids in the fall of 2024.
This project, Soledad CIP #S01 – Manholes Rehabilitation/Replacement, includes rehabilitation of the smaller sanitary sewer collection system manholes throughout the City east of Hwy 101.
Review & Analysis
This project includes the rehabilitation of manholes located throughout the City on the east side of Hwy 101, which have deficiencies as identified by City Wastewater Collections Staff and/or as documented in the City’s Sanitary Sewer Master Plans.
Rehabilitation may include but is not limited to, repairing cracked or sunken manhole covers, patching concrete deterioration, and lining the manholes with a protective coating. Manholes beyond rehabilitation shall be replaced. This is the first citywide sanitary sewer manhole maintenance project since at least 2010.
Miller and Associates was selected from the City’s current on-call consultant list as available to assist with the design of this project and has direct experience with several prior manhole rehabilitation/replacement projects. The City’s standard consultant agreement form will be used.
Financial Considerations
Funding for this project will come from the Fiscal Year 2024-25 Wastewater Fund, Line Item 310- 6100-5632 - Manholes Rehab/Replace - $101,850.
Alternatives
Approve the resolution as presented; or
Reject the proposed resolution, which is not recommended as sanitary sewer system maintenance is necessary to maintain collection system integrity and prevent sanitary sewer overflows (SSO) Planning/CEQA
Pursuant to Section 21065 of the CEQA guidelines, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. The proposed consideration is entering into an agreement with Mark Miller & Associates for the #S01- Manhole Rehabilitation/replacement project. This agreement will not cause a direct physical change to the environment and will not cause a reasonable foreseeable indirect physical change into the environment. The Project itself, The Manhole Rehabilitation/Replacement project, is subjected to CEQA and is Categorically Exempt Pursuant to Section 15301 Class 1 of the California Environmental Quality Act, which states 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. 178
Resolution No. 6151
Exhibit A
Public Notice Requirements
None required.
Attachment(s):
179
RESOLUTION NO. 6151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD
APPROVING A CONSULTANT SERVICES AGREEMENT WITH MARK MILLER & ASSOCIATES IN THE AMOUNT NOT TO EXCEED $32,500 FOR DESIGN SERVICES FOR SOLEDAD CIP #S01 – MANHOLES REHABILITATION/REPLACEMENT
PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENT ON BEHALF OF THE CITY OF SOLEDAD
WHEREAS, the Soledad Sanitary Sewer Master Plans have included a visual assessment to identify sanitary sewer manholes that should be rehabilitated or replaced entirely. In addition, Wastewater Collections Division Staff have a list of manholes that are failing, and many of the older brick manholes need to be re-grouted, repaired or replaced to maintain structural integrity; and
WHEREAS, on July 20, 2022, Council approved a similar project, Soledad CIP # S01 – WRF Manholes, to excavate and perform condition assessments of the large sanitary sewer interceptor manholes buried under the farm fields between Hwy 101 and the Soledad WRF leading into the Soledad WRF on the west side of Hwy 101, including the sanitary sewer line from CDCR to the Soledad WRF; and
WHEREAS, this project, Soledad CIP #S01 – Manholes Rehabilitation/Replacement, includes the rehabilitation of manholes located throughout the City on the east side of Hwy 101, which have been identified to have deficiencies as determined by City Wastewater Collections Staff and/or as documented in the City’s Sanitary Sewer Master Plans; and WHEREAS, Miller and Associates was selected from the City’s current on-call consultant list as available and with direct experience with several prior manhole rehabilitation/replacement projects; and
WHEREAS, Funding for this project will come from the Fiscal Year 2024-25 Wastewater Fund, Line Item 310-6100-5632 - Manholes Rehab/Replace - $101,850; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Soledad that a Consultant Services Agreement with Mark Miller and Associates, in the amount of $31,260, a copy of which is attached hereto as Exhibit A, and by this reference incorporated herein, is hereby approved, and the City Manager is authorized and directed to execute the same on behalf of the City.
PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 4th day of September 2024 by the following vote:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
180
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ANNA M. VELAZQUEZ, Mayor
ATTEST:
MEGAN HUNTER, City Clerk
181
Consulting Services Agreement between September 4, 2024 City of Soledad and Mark Miller & Associates Civil Engineering
1056245-1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOLEDAD AND
MARK MILLER & ASSOCIATES CIVIL ENGINEERING
THIS AGREEMENT for consulting services is made by and between the City of Soledad (“City”) and Mark Miller & Associates Civil Engineering (“Consultant”) (together sometimes referred to as the “Parties”) as of September 4, 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 September 4, 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. N/A
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $32,500, 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 Exhibit A
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Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the 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 184
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be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve 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 185
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resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
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:
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a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
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). 187
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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.
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. 188
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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.
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 189
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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.
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.
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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 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 191
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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, 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. 192
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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.
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:
Mark A. Miller, P.E
Mark Miller & Associates Civil Engineering
250-C Main Street
Klamath Falls, Oregon 97601
Any written notice to City shall be sent to:
Megan Hunter, City Manager
City of Soledad
P.O. Box 156
Soledad, CA 93960
[email protected]
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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.
_________________________________________
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, 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
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: Mark Miller & Associates
____________________________ ______________________________ Megan Hunter, City Manager Mark A. Miller, P.E.
Attest:
____________________________
Megan Hunter, City Clerk
Approved as to Form:
____________________________
Michael Rodriquez, City Attorney
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Consulting Services Agreement between September 4, 2024 City of Soledad and Mark Miller & Associates--Exhibit A Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
.
196
MARK MILLER & ASSOCIATES
CIVIL ENGINEERING
250-C Main Street, Klamath Falls, Oregon 97601
Phone: 541-281-2128 Fax: 541-885-3920 Email: [email protected] M
M A
September 19, 2024
Mr. Don Wilcox, P.E.
Public Works Director
City of Soledad
P.O. Box 156
Soledad, California 93960
Re: Civil Engineering Proposal
Manhole Rehabilitation/Replacement Project
City of Soledad, California
Dear Mr. Wilcox,
Thank you for giving us this opportunity to furnish the City with a Civil Engineering Proposal for the Manhole Rehabilitation/Replacement Project for the East side of the City. Pursuant to our discussions, the City would like to rehabilitate or replace sanitary sewer manholes within the wastewater collection system up to the maximum annual budget of $100,000. City staff will identify the manholes needing to be evaluated for rehabilitation and/or replacement (approximately 20 manholes).
Based upon our understanding of the project, Mark Miller and Associates hereby proposes to provide the following civil engineering services (Tasks) for the referenced project:
1. Assist staff as needed to identify manholes needing rehabilitated or replacement.
2. Conduct field observations of the 20 manholes identified by staff and obtain structure information at each location (photographs, type of construction, depth of manhole, diameter of manhole, pipe size and type, and other applicable information needed for design and bidding by contractor).
3. Research alternative repair methods and products and/or replacement options.
4. Prepare exhibits to be included in the project specifications that shows location of each manhole, type, depth and other applicable information needed for bidding purposes
5. Prepare construction bid documents including City’s standard boiler plate (modified for project), special provisions, technical specifications and exhibits.
6. Prepare probable cost of construction estimate for use by City in budgeting project.
7. Assist City during project bidding by reviewing contractor’s RFI’s, attending the pre-bid meeting by telephone (if requested), and issuing all necessary addendums (if required).
8. Assist City with during construction services (limited to: attend preconstruction conference by telephone, conduct submittal reviews, prepare change orders, and other administrative support) Services specifically excluded from this proposal includes all items not specifically identified in Tasks 1-8 above which include but are not limited to: utility locates, field topographic surveys, geotechnical investigations, traffic control plans (by contractor), SWPPP (by contractor), by-pass pumping plans (by Exhibit A
197
250-C Main Street, Klamath Falls, Oregon 97601
Phone: 541-281-2128 Fax: 541-885-3920 Email: [email protected] M
M A
contractor), during construction administration other than that listed in Task 8 above, during construction observation services, construction management services.
Estimated level of effort associated with Tasks 1-8 above is 115-120 hours at an estimated cost of $31,260. Therefore, Mark Miller & Associates hereby proposes to complete Tasks 1-8 on a Time and Material Basis (per attached Fee Schedule) with a Not-to Exceed Price of $32,500 without prior written approval by City.
We hope this proposal meets with your satisfaction and look forward to working with you on this much needed project.
If you have any questions, please call.
Sincerely,
Mark A. Miller
Mark A. Miller, P.E.
Principal
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Consulting Services Agreement between September 4, 2024 City of Soledad and Mark Miller & Associates--Exhibit B Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
199
2024 FEE SCHEDULE
ENGINEERING COSTS
Principal Engineer $ 290.00 per hour
Senior Engineer/Project Engineer $ 265.00 per hour
Technician/Draftsperson $ 195.00 per hour
Clerical Staff $ 110.00 per hour
EXPENSES
Mileage Current IRS Standard Rate
Postage and Handling Cost
Photocopies $0.15 each
Blackline Prints $3.00 each
Photography Cost
Msc. Expenses Cost
Outside Services: Invoice Cost plus 10% for Administrative Services ** Fees subject to adjustment during January of each year. *** All past due accounts of 30 days or more will be assessed a 1 ½ % per month delinquency charge
250-C Main Street, Klamath Falls, Oregon 97601
Phone: 541-281-2128 Fax: 541-885-3920 Email: [email protected] M
M A Exhibit B
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SUBJECT: Resolution No. 6152, A Resolution of the City Council of the City of Soledad Approving an Amendment to Consulting Services Agreement Task Order No. 2 with In Studio Architecture for $20,000 to Provide Additional Construction Management Support Services For a Total Amount Not to Exceed Amount of $75,000 for the Soledad Fire Department Aerial Apparatus Bay Project and Authorizing the City Manager to Execute Said Task Order Amendment on Behalf of the City of Soledad
TO: Honorable Mayor Velazquez and City Council
FROM: Don Wilcox, Public Works Director, Alex Ramos, Assistant Engineer MEETING DATE: September 4, 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. 6152, “A Resolution of the City Council of the City of Soledad Approving an Amendment to Consulting Services Agreement Task Order No. 2 with In Studio Architecture for $20,000 to Provide Additional Construction Management Support Services For a Total Amount Not to Exceed Amount of $75,000 for the Soledad Fire Department Aerial Apparatus Bay Project and Authorizing the City Manager to Execute Said Task Order Amendment on Behalf of the City of Soledad".
Executive Summary
On January 11, 2023, Soledad City Council approved an agreement between the City of Soledad and In Studio Architecture ("ISA") for the Design and Construction Management of the Soledad Fire Department Aerial Apparatus Bay Project ("Apparatus Bay Project"). The original contract had limited funding for site design. However, as discussions proceeded with the Soledad Police and Fire (CALFIRE) Departments, it was clear that the site plan needed to be revised to address potential circulation conflicts between police and fire vehicles, improve exiting conditions, and reduce impacts to the park. The new site plan also requires additional construction work that was not contemplated in the original scope. An amendment to the Consulting Services Agreement Task Order No. 2 with In Studio Architecture for an amount of $20,000 is necessary to provide the additional construction management support services for the more involved site work. 201
Background
The City received $2 million through the State of California earmark from Senator Caballero to purchase a new fire engine with a ladder attachment and on January 11, 2023, the City Council authorized the purchase of a 2023 Sparta/Smeal 105-foot Quint Aerial Apparatus (Ladder Truck). With the purchase of a new ladder truck, the City also needed an apparatus bay to keep it safely housed and protected. Consequently, on January 11, 2023, the City Council also approved an agreement between the City of Soledad and In Studio Architecture for the Design and Construction Management of the Soledad Fire Department Aerial Apparatus Bay Project.
Because of the use of American Rescue Plan Act (ARPA) funding and to expedite development ahead of the scheduled arrival of the new ladder truck, development of the Apparatus Bay Project was bid in two phases: Phase 1 – the building and foundation and Phase 2 – site improvements. On August 21, 2024, the City Council approved a contract for site improvements (Phase 2) with Monterey Peninsula Engineering in the amount of $858,343 plus a 10% contingency for a total not to exceed amount of $944,177 for Phase 2.
Review & Analysis
As part of this project, it was anticipated that there would be a minimal site improvements needed to accommodate the new Apparatus Bay. After discussing the project in more detail with the Soledad Police and Fire (CALFIRE) Departments, it was clear more attention needed to be paid to overall circulation of the police and fire vehicles and safe exiting onto Monterey or Main Street. City staff also endeavored to preserve as much of Albert Bill Ramus Park as possible. Given these challenges, additional design efforts were required to perform an analysis of the City’s options in locating the building.
During the design, turning templates were performed to evaluate the existing configuration of the parking lot to ensure the ladder truck had sufficient space to maneuver through the site and the existing pavement along the alignment had sufficient structural integrity to support such a large vehicle.
Consideration of the size and effort required to reverse the ladder truck into the facility as is done with the traditional fire engines was discussed. Unfortunately such a maneuver is far too difficult to perform given the existing conditions on Monterey Street and traffic.
Moreover the proposed location of the Apparatus Bay between Bill Ramus Park and the Fire Station, eliminates an exit for the Police Department, forcing them to either exit onto Soledad Street or Main Street. The City Hall complex has an existing corridor that allows the Police Department to exit onto Main Street. However, this exit currently has diagonal parking, a gas utility, and a significant dip on the driveway approach when exiting making it difficult for responding officers to exit in an emergency.
Thus, this project required a redesign of the parking lot and displacement of some of the diagonal parking, relocation of the gas utility line, and other site improvements necessary to ensure that the exit onto Main Street is safe and seamless for the Police Department.
To ensure the revised site plan was incorporated into the bidding package to avoid costly change orders, the budget for construction management was used to help supplement this extra design work. In addition these modifications led to more extensive site improvements increasing the scope of construction management services required. Therefore, it is recommended that the City Council approve an amendment to Task Order No. 2 with In-Studio Architecture for a total amount of $20,000 for the additional construction management support services. This amount is not a lump sum and is an 202
Resolution No. 6152
Exhibit A - TO 2 Amendement No. 1
estimated amount for the remaining efforts needed to complete this project. Additionally, the City is utilizing the Contract Building Official to help supplement the onsite inspections to provide cost savings to the Construction Management efforts wherever possible.
Financial Considerations
Funding for this amendment to support the construction management of both phases of the Fire Station Aerial Apparatus Bay Project shall come from the Fire Impact Fees (Legacy Funds).
Alternatives
Approve the resolution as presented; or
Do not approve the resolution. This is not recommended as construction needs to be expedited and seamless communication between the architect, Monterey Peninsula Engineering, and the City is need to minimize delays and change orders.
Planning/CEQA
The Soledad Fire Department Aerial Apparatus Bay Project, which involves the installation of a metal prefabricated building next to an existing fire station on an improved site, is Categorically Exempt pursuant to the California Environmental Quality Act (CEQA) under Guidelines Section 15332 – Infill (Class 32). This Project is exempt because it meets the following conditions: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies and zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as a habitat for endangered, rare, or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air, or water quality. (e) All required utilities and public services can adequately serve the site.
Public Notice Requirements
None required.
Attachment(s):
203
RESOLUTION NO. 6152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD
APPROVING AN AMENDMENT TO CONSULTING SERVICES AGREEMENT TASK ORDER NO. 2 WITH IN STUDIO ARCHITECTURE FOR $20,000 TO
PROVIDE ADDITIONAL CONSTRUCTION MANAGEMENT SUPPORT SERVICES FOR A TOTAL NOT TO EXCEED AMOUNT OF $75,000 FOR THE AERIAL
APPARATUS BAY PROJECT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID TASK ORDER AMENDMENT ON BEHALF OF THE CITY OF
SOLEDAD
WHEREAS, the City received a $2 million earmark through the State of California from Senator Caballero to purchase a new fire engine with a ladder attachment; and WHEREAS, on January 11, 2023, Council approved the purchase of this ladder truck with an 18-to-24-month delivery time, necessitating the expedited development of an apparatus bay to house this truck safely; and
WHEREAS, on January 11, 2023, the City Council also approved an agreement between the City of Soledad and In Studio Architecture for the design and construction management of the Soledad Fire Department Aerial Apparatus Bay Project (“Apparatus Bay Project”); and WHEREAS, on May 15, 2024, the City Council approved a contract for construction services with Monterey Peninsula Engineering for Phase 1 – metal prefabricated building and foundation, and subsequently, on August 21, 2024, the City Council also approved a contract for construction services with Monterey Peninsula Engineering for Phase 2 – site improvements for the Apparatus Bay Project; and
WHEREAS, as part of this project, additional design work beyond the original scope was needed to address potential circulation conflicts between police and fire vehicles, improve exiting conditions, and minimize impacts to Albert Bill Ramus Park to preserve more park space; and
WHEREAS, the budget for construction management was used to help supplement the needed design work to complete the revised site plan for the bidding package in order to avoid costly change orders;
WHEREAS, revisions to the site plan resulted in more extensive site improvements, such as the relocation of a gas utility line and additional safety measures to improve exiting onto Main Street, therefore increasing required construction management services beyond what was contemplated in the original scope; and
WHEREAS, the amendment to Task Order No. 2 with In-Studio Architecture shall be funded through the Fire Impact Fees (Legacy Fund); and
WHEREAS, this project is Categorically Exempt pursuant to the California Environmental 204
Quality Act (CEQA) under Guidelines Section 15332 – Infill (Class 32). This Project is exempt because it meets the following conditions: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies and zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as a habitat for endangered, rare, or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air, or water quality. (e) All required utilities and public services can adequately serve the site.
NOW THEREFORE, BE IT HEREBY RESOLVED, by the Council of the City of Soledad that Amendment No. 1 to the Consulting Services Agreement Task Order No. 2 between the City of Soledad and In Studio Architecture for $20,000 for a total not to exceed contract amount of $75,000 in the form attached hereto as “Exhibit A” and incorporated by this reference, 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 4th day of September 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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2 5 0 M a i n S t r e e t , S a l i n a s C A 9 3 9 0 1 ● P : 8 3 1 . 3 2 0 . 2 6 5 5 w w w . i s a r c h . n e t
AMENDMENT NO. 1
Architect: ISA In Studio Architecture Client: City of Soledad 250 Main Street 248 Main Street
Salinas, CA 93901 Soledad, CA 93960
Architect Contact: Alex Reynoso Client Contact: Don Wilcox
Agreement Date: January 11, 2023 Amendment Date: August 19, 2024
Project Name: Soledad Fire Station – Apparatus Bay Description: Design Services Job No: #2255 Client Ref:
A. Scope of Services
In Studio Architecture was asked to provide design services for the new Fire Station Apparatus Bay and separate the project into two bid packages along with separate permitting package. This was necessary to acquire the building contractor early. This amendment is to add time for the extended and more complex bidding and construction phasing of the project. This additional scope increases the fee by $20,000 as outlined below.
B. Compensation
1. The Client agrees to increase the overall project compensation to a new total of Seventy-Five Thousand Dollars ($75,000).
Added Scope: $20,000
Description Fees
Original Fee
Task #01 $10,000
Task #02 $45,000
Increased Amount $20,000
New Total $75,000
Architect shall not exceed this fee without Client’s prior written authorization. Reimbursable expenses of Architect will be invoiced in accordance with the terms and conditions of the Agreement. 206
2 5 0 M a i n S t r e e t , S a l i n a s C A 9 3 9 0 1 ● P : 8 3 1 . 3 2 0 . 2 6 5 5 w w w . i s a r c h . n e t It is expressly understood that the requirements of Cal. Business and Professions Code § 5536.22 requiring mutual written agreement by the parties prior to proceeding with the work are met by this Amendment. In the event that contract negotiations are pending at the time this Amendment is executed, the parties understand and agree that upon execution of such final agreement, that all work performed under this Amendment will be governed by the terms and conditions thereof. In the event that an agreement has been executed by the parties at the time of this Amendment, it is understood that this Amendment amends the Agreement only as delineated herein, all other terms of the Agreement shall remain the same. Architect will not proceed with work until this form is executed and returned. The undersigned represents and warrants that he/she has the authority to bind the entity for which he/she is executing this Amendment.
Approved and Accepted: Approved and Accepted:
Architect: ISA In Studio Architecture Client: City of Soledad Signature: __________________________ Signature: _________________________ Printed Name: Alex Reynoso, AIA C29184 Printed Name:
Title: Architect Title:
Date: 08-19-2024 Date: _________________________
207
SUBJECT: Resolution No. 6153, A Resolution of the City Council of the City of Soledad Approving Sponsorship and Street Closure of Front Street Between Main Street and Soledad Street for the 5th Annual Spook Fest TO: Honorable Mayor Velazquez and City Council
FROM: Kao Nou Yang, Community and Economic Development Director MEETING DATE: September 4, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 14.
Recommendation
It is recommended that the City Council of the City of Soledad consider and approve Resolution No. 6153, “Approving Sponsorship and Street Closure of Front Street between Main Street and Soledad Street for the 5th Annual Spook Fest”.
Executive Summary
Over the last four years, the City of Soledad has partnered with Front Street, a local community group to host an annual Halloween event known as Spook Fest. The event was first conceived at the time of the pandemic featuring a parade when social distancing precluded traditional ‘trick or treating’. Since then, the event has evolved, bringing safe and fun activities to the heart of Downtown Soledad in partnership with the local business community. Last year, this event was sponsored by the Community & Economic Development and Parks and Recreation Departments and the departments would like to sponsor the event again with Council approval. Staff is also requesting approval to close Front Street between Main Street and Soledad Street on October 31st, 2024, from 2pm-7pm including an hour for set-up and clean-up.
Background
The City of Soledad has been supporting Spook Fest in partnership with Front Street since 2020. In past years, Spook Fest included a street parade and was then scaled back to focus on activities in Cesar Chavez Park and along Front Street parking. This year’s event will mirror the activities that took place last year.
Review & Analysis
Soledad residents have come to embrace Spook Fest and it is a great way to connect businesses and residents, add vibrancy to the Downtown and create a safe and fun event for local families. As a result of these benefits, City Departments are proposing continued sponsorship and participation in the event. 208
Resolution_No._6153
2024 Spookfest Map
This event is scheduled on October 31st, 2024, from 2pm to 7pm including an hour for set-up and clean-up.
Spook Fest has been a success for the past four years by providing a safe environment to celebrate Halloween. Front Street, a local community group that coordinates the event, has worked hard to ensure that its well organized and minimizes the resources needed from the City especially from public safety.
The event will be hosted at Cesar Chavez Park and include the parking areas along the edge of the park.
To provide a safe pedestrian area, Staff is requesting approval to close Front Street, from Main Street to Soledad Street. This closure will help to accommodate Spook Fest activities like carnival games, costume contests, a car decorating contest, live music, and trunk-or-treat. The street closure and traffic flow map is shown on Attachment 1 provided herein.
The Community and Economic Development Department is taking the lead on the City’s partnership with Front Street and will be responsible for providing business outreach and ensuring businesses along Front Street are minimally impacted.
Financial Considerations
City staff time and minimal supplies have already been budgeted as part of departmental budgets.
Alternatives
1. Approve the Street Closure for the 5
thAnnual Spook Fest.
2. Deny the Street Closure for the 5th Annual Spook Fest and provide direction to Staff.
Planning/CEQA
The proposed sponsorship and associated request for the temporary street closure, waiving of the park fee, and in-kind services are considered exempt under the CEQA Guidelines Section 15304 (e) Class 4 Minor Alteration to Land. Pursuant to CEQA minor temporary land use with minimal or no permanent effects on the environment, such as carnivals and Christmas tree sales, are exempt.
Public Notice Requirements
None
Attachment(s):
209
1 RESOLUTION NO. 6153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD
APPROVING SPONSORSHIP AND STREET CLOSURE OF FRONT STREET
BETWEEN MAIN STREET AND SOLEDAD STREET FOR
THE 5TH ANNUAL SPOOK FEST
WHEREAS, over the last four years, the City of Soledad has partnered with Front Steet, a local community group to host an annual Halloween event known as Spook Fest; and WHEREAS, the event was first conceived at the time of the pandemic featuring a parade when social distancing precluded traditional ‘trick or treating’; and WHEREAS, the event has evolved bringing safe and fun activities to the heart of Downtown Soledad in partnership with the local business community; and WHEREAS, Soledad residents have come to embrace Spook Fest and it is a great way to connect businesses and residents, add vibrancy to the Downtown and create a safe environment for local families on Halloween; and
WHEREAS, as a result of these benefits, Staff recommends continued sponsorship and participation in the event, scheduled for October 31st, 2024, at Cesar Chavez Park from 2pm-7pm including an hour for set-up and clean-up; and
WHEREAS, to provide a safe pedestrian area and accommodate Spook Fest activities like carnival games, costume contests, a car decorating contest, live music, and trunk-or-treat, it is proposed that Front Street between Main Street to Soledad Street be closed.
NOW THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Soledad hereby approves City Sponsorship of the 5th Annual Spook Fest and temporary closure of Front Street between Main Street and Soledad Street on October 31, 2024, from 2:00 p.m. to 7:00 p.m.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Soledad duly held on the 4th day of September 2024, by the following vote:
AYES, and in favor thereof Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
210
2 ____________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
MEGAN HUNTER, City Clerk
211
• Street Closure highlighted in Blue
• Flow of traffic in red arrows
Activities for kids
212
SUBJECT: Resolution No. 6154, A Joint Resolution of the City Council of the City of Soledad/City Council As Board to the Successor Agency to the Soledad Redevelopment Agency/Board of the Soledad Successor Housing Agency/Soledad Housing Authority Executive Board Approving Amendment No. 1 to the Employment Agreement for City
Manager/Successor Agency Director/Successor Housing Agency Director/Housing Authority Executive Director Services with Megan Hunter
TO: Honorable Mayor Velazquez and City Council
FROM: Mike Rodriquez, City Attorney
MEETING DATE: September 4, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 15.
Recommendation
It is recommended that the City Council/Successor Agency/Successor Housing Agency/Housing Authority consider and adopt Resolution No. 6154, “A Joint Resolution of the City Council of the City of Soledad/City Council as Board to the Successor Agency to the Soledad Redevelopment Agency/Board of the Soledad Successor Housing Agency/Soledad Housing Authority Board Approving Amendment No. 1 to the Employment Agreement for City Manager/Successor Agency Director/Successor Housing Agency Director/Housing Authority Executive Director Services with Megan Hunter.”
Executive Summary
After a thorough recruitment process, the City of Soledad/Successor Agency/Successor Housing Agency/Housing Authority negotiated and entered into an Employment Agreement for City Manager/Director/Director/Executive Director (“Manager”) services with Megan Hunter in May of 2023. Pursuant to Section 9 of the Agreement, the City Council is to perform an annual evaluation of Hunter’s job performance, and the evaluation was completed on August 21, 2024. As a result of said evaluation, the City Council has agreed to four amendments to Hunter’s Employment Agreement, namely, adjusting the total compensation by 4.0%; making a new contribution equal to 5% of salary to a deferred compensation plan; increasing the Managers’ severance pay from five to six months; and increasing the Manager’s administrative contracting authority from $25,000 to $50,000. The proposed changes are before the Council this evening for consideration and formal approval. 213
Background
After conducting a thorough recruitment in 2023, the City/Successor Agency/Successor Housing Agency/Housing Authority (hereafter collectively “City”) entered into an Employment Agreement (“Agreement”) with Megan Hunter in May of 2023. Pursuant to Section 9 of the Agreement, the City Council performed and completed a review of the City Manager’s job performance on August 21, 2024, and thereafter considered proposed changes to several of the provisions in the Manager’s Agreement.
After agreeing to modifications, the Council directed the City Attorney to prepare an Agreement Amendment for subsequent Council consideration and approval this evening.
Review & Analysis
The proposed Amendment No. 1 to the Agreement addresses four issues. The first change is a 4% increase to the Manager’s salary. The increase is retroactive to June 1, 2024, and will result in a new total annual salary of $239,200. Additionally, the City has agreed to contribute an amount equal to 5% of the Manager’s annual salary, or $11,960, to an ICMA deferred compensation plan. The contribution is also retroactive to June 1, 2024. Both of these changes are comparable to salaries and benefits found in the employment agreements for other managers in Monterey County.
The third proposed modification will increase the Manager’s severance pay from five to six months. In the current employment market, six months is the industry standard for city manager agreements. As a matter of past practice, the City has usually kept the severance term lower than the standard during the first year of a new contact for manager services, based in part on the experience of the manager and as a means of minimizing financial exposure in the event of a separation during what is essentially a trial year of service.
The fourth and final change to the Agreement will be to increase the Manager’s administrative spending authority from $25,000 to $50,000. This change is meant to coordinate with the Council’s recent adoption of Ordinance No. 770 which changed the bidding threshold for the purchase of supplies and equipment set forth in Soledad Municipal Code Chapter 3.24 to $50,000. This change will allow the Manager to purchase needed supplies and equipment costing less than $50,000 without bidding. As was noted at the time of the adoption of Ordinance No. 770, all expenditures in excess of $5,000 will still be reported to the Council and appear on warrant lists considered and approved at Council regular meetings.
With the exception of the changes referenced above, all of the other provisions of the Manager’s Agreement will remain in full force and effect.
Financial Considerations
The cost of the proposed Amendment No. 1 to the Agreement can be absorbed in the current budget for City employees.
Alternatives
The Council/Agency/Agency/Authority has already given preliminary approval of the content of Amendment No. 1 to the Agreement and directed that an amendment be prepared to effectuate the above-referenced changes in compensation and benefits.
Planning/CEQA
The City of Soledad has determined that the proposed action is not a project as defined by the California 214
Resolution No. 6154
Exhibit A
Environmental Quality Act (CEQA Guidelines Section 15378) and requires no further analysis.
Public Notice Requirements
N/A
Attachment(s):
215
RESOLUTION NO. 6154
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD/CITY
COUNCIL AS BOARD TO THE SUCCESSOR AGENCY TO THE SOLEDAD
REDEVELOPMENT AGENCY/BOARD OF THE SOLEDAD SUCCESSOR HOUSING
AGENCY/BOARD OF THE SOLEDAD HOUSING AUTHORITY APPROVING AMENDMENT NO. 1 TO THE EMPLOYMENT AGREEMENT FOR CITY
MANAGER/SUCCESSOR AGENCY DIRECTOR/SUCCESSOR HOUSING AGENCY
DIRECTOR/HOUSING AUTHORITY EXECUTIVE DIRECTOR SERVICES WITH
MEGAN HUNTER
WHEREAS, after a thorough recruitment process, the City of Soledad/Successor Agency/Successor Housing Agency/Housing Authority negotiated and entered into an Employment Agreement for City Manager/Director/Director/Executive Director (“Manager”) services with Megan Hunter in May of 2023; and
WHEREAS, per Section 9 of the Agreement, the City Council is to perform an annual evaluation of Hunter’s job performance, and said evaluation was completed on August 21, 2024; and
WHEREAS, as a result of said evaluation, the City Council has agreed to four amendments to Hunter’s Employment Agreement, namely, adjusting the total compensation by
4.0%; making a new contribution equal to 5% of salary to a deferred compensation plan; increasing the Manager’s severance pay from five to six months; and increasing the Manager’s administrative contracting authority from $25,000 to $50,000.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Soledad, the City Council as the Board of the City of Soledad Successor Agency to the Soledad Redevelopment Agency, the City Council as the Board of the Soledad Successor Housing Agency and the Board of the Soledad Housing Authority, that “Amendment No. 1 to Employment Agreement,” a copy of which is attached hereto as Exhibit “A” and by this reference incorporated herein, which amends Section 3. Duties, Section 4. Salary and Benefits, and Section 13. Termination, of the “Employment Agreement City Manager/Successor Agency Director/Successor Housing Agency Director/Soledad Housing Authority Executive Director” between the City/Successor Agency/Successor Housing Agency/Housing Authority and Megan Hunter, is hereby approved. The Mayor/Chair/Chair/Chair is hereby authorized to execute said Amendment on behalf of the City/Successor Agency/Successor Housing Agency/Housing Authority.
BE IT FURTHER RESOLVED that the City’s Administrative Specialist is hereby directed to append Amendment No. 1 to City Manager/Director/Director/Executive Director Hunter’s original Employment Agreement.
PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 4th day of September 2024, by the following vote:
216
AYES, and in favor thereof, COUNCIL/AGENCY/AGENCY/AUTHORITY MEMBERS:
NOES, COUNCIL/AGENCY/AGENCY/AUTHORITY MEMBERS:
ABSENT, COUNCIL/AGENCY/AGENCY/AUTHORITY MEMBERS:
ABSTAIN, COUNCIL/AGENCY/AGENCY/AUTHORITY MEMBERS:
________________________________________
ANNA M. VELAZQUEZ
Mayor/Chair/Chair/Executive Director
ATTEST:
________________________________
MEGAN HUNTER, City Clerk
217
AMENDMENT NO. 1 TO “EMPLOYMENT AGREEMENT CITY
MANAGER/SUCCESSOR AGENCY DIRECTOR/SUCCESSOR HOUSING AGENCY
DIRECTOR/HOUSING AUTHORITY EXECUTIVE DIRECTOR
THIS AMENDMENT No. 1 is made by and between the City of Soledad, the City of Soledad as the Successor Agency to the Soledad Redevelopment Agency, the Soledad Successor Housing Agency, and the Soledad Housing Authority, hereinafter collectively called “EMPLOYER” or “City,” and Megan Hunter, hereinafter called “Hunter.” This Amendment shall have an effective date of May 15, 2024.
In consideration of the mutual covenants contained herein, the parties agree to the following amendments to the referenced provisions of that “Employment Agreement City Manager/Successor Agency Director/Successor Housing Agency Director/ Housing Authority Executive Director (Hereafter “the Agreement”) approved by the City by way of Joint Resolution 5933 on April 19, 2023:
1. Section 3. Duties. The second paragraph is replaced with the following:
In order to facilitate the foregoing duties, Hunter shall have the authority to enter into contracts on behalf of the City/Successor Agency/Successor Housing Agency/Housing Authority on an administrative basis in an amount up to but not to exceed Fifty Thousand Dollars ($50,000.00).
Hunter shall report all contracts entered into in the amount of Five Thousand Dollars ($5,000.00) in her weekly City Manager’s Reports to the Council and all expenditures shall be shown on the City warrants lists regularly presented for Council review and approval.
2. Section 4. Salary and Benefits. Subsection A is replaced with the following:
A. For all services rendered by Hunter under this Agreement, commencing May 15, 2024, EMPLOYER shall pay Hunter Two Hundred Thirty-Nine Thousand, Two Hundred Dollars ($239,200.00) per year. Salary shall be payable in equal bi-weekly installments.
3. Section 4. Salary and Benefits. Add new Section G:
G. EMPLOYER agrees to make a total annual contribution in an amount equal to 5% of Hunter’s salary into an ICMA deferred compensation plan.
4. Section 13. Termination. Subsection A. iv is replaced with the following:
iv. By EMPLOYER (by affirmative vote of at least three (3) City Council/Successor Agency Board/Successor Housing Agency Board/Housing Authority Board members) without cause, upon giving Hunter written notice of termination. Upon termination and execution of a complete release and waiver of all claims and causes of action, Hunter shall be paid forthwith a sum equal to her salary for a period of six (6) months. Hunter shall not have any right to appeal or hearing for termination pursuant to this section.
Exhibit A
218
5. With the exceptions noted above, all other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS HEREOF, said parties have executed this Agreement on the ___ day of September, 2024.
By
Megan Hunter, City Manager/Successor Agency Director/Successor Housing Agency Director/Housing Authority Executive Director
CITY OF SOLEDAD
By
Anna M. Velazquez, Mayor
CITY OF SOLEDAD AS SUCCESSOR AGENCY TO THE SOLEDAD
REDEVELOPMENT AGENCY
By
Anna M. Velazquez, Chair
CITY OF SOLEDAD SUCCESSOR HOUSING AGENCY
By_________________________________________
Anna M. Velazquez, Chair
CITY OF SOLEDAD HOUSING AUTHORITY
By
Anna M. Velazquez, Director
219
ATTEST:
By
Darlene Noriega, Deputy City Clerk
APPROVED AS TO FORM:
By
Mike Rodriquez, City Attorney
220
SUBJECT: Joint Resolution No. 6155/SHA 2024-01, A Joint Resolution of the City Council of the City of Soledad and the Housing Authority of the City of Soledad Approving the Extension of RBC Community Investments’ Loans and a Consent for the Transfer of RBC Community Investments’ Limited Partner Interest in the Benito FLC Partnership and Benito Street Partnership to the Monterey County Housing Authority Development Corporation
TO: Honorable Mayor/Chair Velazquez and Councilmembers/Board Members
FROM: Beatriz Trujillo, Analyst Housing
MEETING DATE: September 4, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager/Executive Director
AGENDA ITEM NO. 16.
Recommendation
Motion to approve a Joint Resolution 6155/SHA 2024-01:
1. Approving and authorizing the City Manager/Executive Director, or their designee, to execute the Loan Document Modification and Reaffirmation Agreement; and
2. Approving and authorizing the City Manager/Executive Director, or their designee, to execute the consent to transfer of RBC Community Investments’ limited partner interest in the Benito FLC Partnership and Benito Street Partnership to the Monterey County Housing Authority Development Corporation; and
3. Authorizing the City Manager/Executive Director, or their designee, to execute all documents necessary to effectuate the transactions contemplated by this Joint Resolution 6155/SHA 2024-
01. Executive Summary
In 2006, the Benito FLC Partnership and Benito Street Partnership were formed to develop the Benito Farm Labor Center (Benito FLC) and Benito Affordable Housing (Benito), respectively. These projects were funded through federal Low-Income Housing Tax Credits (LIHTC), mortgage loans, and various other soft loan sources. Both projects are reaching the 15-year threshold typical of LIHTC investments, the limited partner, RBC Community Investments (RBC), has expressed a desire to exit the partnerships. The Monterey County Housing Authority Development Corporation (MCHADC) has been negotiating the acquisition of RBC’s interest. Additionally, the loans on these properties, which 221
expired on August 1, 2024, require a 12-month extension to facilitate this transition. The Housing Authority of the City of Soledad (HACS) provided the property through two separate ground leases and the City of Soledad provided a HOME loan. HACS and the City of Soledad must consent to these transactions, including the extension of the RBC loans and the transfer of RBC’s limited partner interest. Staff recommends that the HACS and the City Council, approve the proposed recommendations.
Background
In 2006, the Benito FLC Partnership and Benito Street Partnership were established to develop and rehabilitate two affordable housing projects: Benito FLC and Benito. These projects were funded through the federal LIHTC program, which incentivizes private investment in affordable housing by offering tax credits in exchange for equity contributions. The Housing Authority of the City of Soledad (HACS) provided the land for these projects through two 65-year ground leases (Ground Leases) that extend through 2070.
The LIHTC program typically spans 15 years, after which the financial incentives for investors diminish, prompting most investors to exit the projects. For Benito and Benito FLC, the 15-year mark has been reached, and RBC, the limited partner, is seeking to be bought out. MCHADC has been negotiating with RBC to acquire its interest.
Review & Analysis
As the Benito and Benito FLC projects reach their 15-year threshold, RBC, the limited partner in these LIHTC-funded projects, has indicated its desire to exit. MCHADC is in the process of acquiring RBC’s limited partner interest. Simultaneously, both properties have loans from RBC that expired on August 1, 2024. A 12-month extension of these loans is necessary to provide time for the transfer of the limited partner interest to MCHADC and negotiate a new loan on favorable terms.
HACS holds the Ground Leases for these properties and the City of Soledad provided a HOME loan to Benito FLC, secured by a Deed of Trust. This loan and the regulatory agreements attached to the properties require that they remain affordable. To proceed with the transfer of RBC’s limited partner interest and the extension of the loans, written consent from HACS is required.
It is important to note that the regulatory agreements and Ground Leases will remain in place, ensuring that the properties continue to provide affordable housing. The City’s HOME loan will remain unaffected, and there will be no change to the property management company. The proposed transactions are consistent with industry standards for LIHTC developments.
Given the above considerations, staff recommends that the HACS consent to the extension of the RBC loans (Exhibit A) and the transfer of RBC’s limited partner interest to MCHADC (Exhibit B).
Financial Considerations
The requested actions will not have a financial impact to the HACS or the City of Soledad. However, these actions allow MCHADC to preserve and rehabilitate the affordable housing projects for long term sustainability.
222
Resolution No. 6155/SHA-2024-01
Exhibit A - Loan Document Modification and Reaffirmation Agreement.docx Exhibit B - Consent
Alternatives
Adopt the Resolution as presented to preserve the sustainability of these affordable housing projects.
Defer adoption of the required resolution pending additional information. This is not recommended as it will impact MCHADC ability to rehabilitate and maintain the projects.
Planning/CEQA
Not a Project. The City of Soledad has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
Public Notice Requirements
Not required.
Attachment(s):
223
RESOLUTION NO.6155/SHA 2024-01
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD AND
THE HOUSING AUTHORITY OF THE CITY OF SOLEDAD, APPROVING THE EXTENSION OF RBC COMMUNITY INVESTMENTS’ LOANS AND THE TRANSFER OF RBC COMMUNITY INVESTMENTS’ LIMITED PARTNER INTEREST IN THE
BENITO FLC PARTNERSHIP AND BENITO STREET PARTNERSHIP TO THE
MONTEREY COUNTY HOUSING AUTHORITY DEVELOPMENT CORPORATION WHEREAS, in 2006, the Benito FLC Partnership and Benito Street Partnership were formed to develop the Benito Farm Labor Center (Benito FLC) and Benito Affordable Housing (Benito), respectively; and
WHEREAS, these projects were funded through federal Low-Income Housing Tax Credits (LIHTC), mortgage loans, and various other soft loan sources; and WHEREAS, the Housing Authority of the City of Soledad (HACS) provided the land for these projects through two 65-year ground leases (Ground Leases) that extend through 2070; and WHEREAS, the LIHTC program typically spans 15 years, after which the financial incentives for investors diminish, leading most investors, including limited partner RBC Community Investments (RBC), to seek to exit the projects; and WHEREAS, the Monterey County Housing Authority Development Corporation (MCHADC) has been negotiating with RBC to acquire its interest in both Benito and Benito FLC; and
WHEREAS, the loans on these properties, which expired on August 1, 2024, require a 12- month extension to allow for the transfer of RBC’s limited partner interest to MCHADC and to negotiate a new loan on favorable terms; and
WHEREAS, HACS holds the Ground Leases for these properties and has also provided a HOME loan to Benito FLC, secured by a Deed of Trust, with regulatory agreements requiring that the properties remain affordable; and
WHEREAS, in order to proceed with the transfer of RBC’s limited partner interest and the extension of the loans, written consent from HACS is required; and WHEREAS, the regulatory agreements and Ground Leases will remain in place, ensuring that the properties continue to provide affordable housing, and the City’s HOME loan will remain unaffected, with no change to the property management company; and WHEREAS, the proposed transactions are consistent with industry standards for LIHTC developments.
224
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Soledad (City Council) and the Housing Authority of the City of Soledad (HACS) as follows:
1. The City Council and HACS hereby approve the Loan Document Modification and Reaffirmation Agreement as set forth in Exhibit A, attached hereto and incorporated herein by reference.
2. The City Council and HACS hereby approve the consent to transfer of RBC Community Investments’ limited partner interest in the Benito FLC Partnership and Benito Street Partnership to the Monterey County Housing Authority Development Corporation as set forth in Exhibit B, attached hereto and incorporated herein by reference.
3. The City Council and HACS authorize the City Manager and Executive Director, or their designee, to execute all documents necessary to effectuate the transactions contemplated by this Resolution.
PASSED AND ADOPTED by the City Council of the City of Soledad and the Housing Authority of the City of Soledad at a regular meeting duly held on the 4th day of September 2024, by the following vote:
AYES, and in favor thereof, Councilmembers/Board members:
NOES, Councilmembers/Board members:
ABSENT, Councilmembers/Board members:
ABSTAIN, Councilmembers/Board members:
ANNA M. VELAZQUEZ, Mayor/Chair
ATTEST:
MEGAN HUNTER, City Clerk/ Executive Director
225
Freddie Mac Multifamily Asset Management Form
Loan Document Modification and Reaffirmation Agreement
Freddie Mac Loan Number: 504191217
Property Name: Benito Street Farm Labor Center
Loan Document Modification and Reaffirmation Agreement
(Revised 5-5-2022)
THIS LOAN DOCUMENT MODIFICATION AND REAFFIRMATION AGREEMENT (“Agreement”) is entered into effective as of ___________________, ______, by and among BENITO FLC, L.P., a California limited partnership (“Borrower”), the HOUSING AUTHORITY OF THE COUNTY OF MONTEREY, a public body politic and corporate (“Guarantor” and together with Borrower, “Borrower Parties”), the HOUSING AUTHORITY OF THE CITY OF SOLEDAD, a public body corporate and politic (“HACS”), and FEDERAL HOME LOAN MORTGAGE CORPORATION, a shareholder-owned government-sponsored enterprise organized and existing under the laws of the United States of America (“Lender”).
RECITALS
A. Borrower obtained a mortgage loan from the Housing Authority of the County of Monterey, a public body, corporate and politic, duly organized and existing under the laws of the State of California (in such capacity, “Issuer”), in the original principal amount of $10,924,222.00 (“Loan”). Issuer made the Loan to Borrower with the proceeds of its Multifamily Housing Revenue Bonds (Benito Street Farm Labor Center), 2006 Series C (the “Bonds”) issued pursuant to that certain Indenture, dated as of August 1, 2006, by and between Issuer and Citicorp North America, Inc., a Delaware corporation (“Original Bondowner Representative”), as the representative of the holders of the Bonds under the Indenture. Pursuant to the Indenture, Issuer assigned to Original Bondholder Representative all of its right, title and interest under and in the Loan.
B. The Loan is evidenced by a Permanent Phase Note Tranche A Fixed Rate Loan (73 Apartments), dated June 23, 2008, executed by Borrower and payable to the order of Original Bondholder Representative (as amended from time to time, including by this Agreement, “Note”), and a Construction Loan Agreement, dated as of August 1, 2006, by and between Borrower and Original Bondholder Representative (as amended from time to time, including by this Agreement, “Loan Agreement”).
C. The Loan is secured by a Leasehold Construction to Permanent Deed of Trust, with Assignment of Rents, Security Agreement, and Fixture Filing (as amended from time to time, including by this Agreement, “Security Instrument”) dated the same date as the Loan Agreement, which is recorded in the land records of the Property Jurisdiction as Document No. 2006086350, which encumbers the Land more particularly described in the Security Instrument, together with all other real and personal property encumbered by the Security Instrument and the other Loan Documents (“Mortgaged Property”).
D. Pursuant to an Unsecured Environmental Indemnity Agreement dated the same date as the Loan Agreement by Borrower, Guarantor and HACS for the benefit of Original Bondowner Representative (as amended from time to time, including by this Agreement, “Guaranty”), Borrower, Guarantor and HACS guaranteed certain payment and performance obligations of Borrower in connection with the Loan.
E. The Note, Loan Agreement, Security Instrument, Guaranty and all other guaranties, indemnity agreements, collateral agreements, UCC filings, or any other documents now or in the future executed by Borrower, Guarantor, HACS or any other Person in connection with the Loan, are referred to collectively as the “Loan Documents.”
226
Freddie Mac Multifamily Asset Management Form Page 2
Loan Document Modification and Reaffirmation Agreement
F. The Bonds have been sold to Lender, and in connection therewith, Original Bondowner Representative has assigned all of its right, title and interest in the Note, Security Instrument, Loan Agreement and certain other Loan Documents to Lender. Each of the Loan Documents has been duly assigned, transferred or endorsed to Lender and Lender is the current holder of the Note and the owner of all of Original Bondholder Representative’s right, title and interest in the Loan and the Loan Documents.
G. Borrower Parties have requested Lender’s consent to amend the Loan Documents to reflect the extension of the maturity date of the Note (the “Amendments”).
H. Lender is willing to consent to the Amendments, subject to the terms and conditions set forth in this Agreement.
I. Capitalized terms not otherwise defined in this Agreement will have the meanings ascribed to them in the Loan Agreement (if applicable) or other applicable Loan Documents (as such terms are modified, if applicable, by this Agreement).
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties agree as follows:
1. Recitals. The recitals set forth above are incorporated into this Agreement by this reference.
2. Guarantor and HACS Ratification. Guarantor and HACS hereby ratify the Guaranty and acknowledges that the Guaranty remains in full force and effect, unmodified (except as set forth in Exhibit A) and enforceable against Guarantor and HACS in accordance with its terms.
3. Borrower Ratification. Borrower hereby ratifies the Loan Documents and acknowledges that each of the Loan Documents remains in full force and effect, unmodified (except as set forth in Exhibit A) and enforceable against Borrower in accordance with its terms.
4. Modification of Loan Documents.
(a) Modification of Security Instrument. N/A.
(b) Modification of Note. The Note is amended as specified in Exhibit A-2. (c) Modification of Loan Agreement. N/A.
(d) Modification of Guaranty. N/A.
5. Guarantor and HACS Reaffirmation. By signing this Agreement, each of Guarantor and HACS consents to the terms of this Agreement, reaffirms its obligations under the Guaranty and acknowledges that the Guaranty remains in full force and effect.
6. Borrower Reaffirmation.
(a) By signing this Agreement, Borrower consents to the terms of this Agreement, reaffirms its obligations under the Loan Documents and acknowledges that the each of the Loan Documents remains in full force and effect.
(b) Borrower further acknowledges each of the following:
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Freddie Mac Multifamily Asset Management Form Page 3
Loan Document Modification and Reaffirmation Agreement
(i) The Mortgaged Property is and will remain subject to the lien, charge and encumbrance of the Security Instrument. Nothing contained in this Agreement or done pursuant to this Agreement will affect or be construed to affect the lien, charge, and encumbrance of the Security Instrument or the priority of the Security Instrument over other liens, charges and encumbrances.
(ii) Nothing contained in this Agreement or done pursuant to this Agreement will release or be construed to release or affect the liability of any party or parties who may now or after the date of this Agreement be liable under or on account of the Note, the Security Instrument, the Loan Agreement, or any other Loan Document, except as may be expressly provided in this Agreement.
(iii) Borrower is and will continue to be liable for the payment of all sums and the performance of every obligation required under the Loan Documents to the extent set forth in the Loan Documents.
7. Miscellaneous.
(a) This Agreement will be binding upon and will inure to the benefit of the parties to this Agreement and their respective heirs, successors, and permitted assigns. (b) Each of the Loan Documents will remain in full force and effect, except as modified by this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision, and all other provisions will remain in full force and effect.
(c) Time is of the essence with respect to each covenant of this Agreement. (d) This Agreement may not be amended or modified except by a writing signed by the party against whom enforcement is sought.
(e) This Agreement will be governed by the laws of the Property Jurisdiction. (f) This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same document.
8. Attached Exhibits. The following Exhibits, if marked with an “X”, are attached to this Agreement:
[X] Exhibit A Modifications to Loan Documents
[ ] Exhibit A-1 Modifications to Security Instrument
[X] Exhibit A-2 Modifications to Note
[ ] Exhibit A-3 Modifications to Loan Agreement
[ ] Exhibit A-4 Modifications to Guaranty
[ ] Exhibit A-5 Modifications to Other Loan Documents
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Freddie Mac Multifamily Asset Management Form Page S-1
Loan Document Modification and Reaffirmation Agreement
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above.
BORROWER:
BENITO FLC, L.P., a California limited partnership
By: Monterey County Housing Authority
Development Corporation, a California nonprofit
public benefit corporation
Its: General Partner
By:
Name:
Title:
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Freddie Mac Multifamily Asset Management Form Page S-2
Loan Document Modification and Reaffirmation Agreement
GUARANTOR:
HOUSING AUTHORITY OF THE COUNTY OF
MONTEREY, a public body politic and corporate
By: _________________________________
Name:
Title:
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Freddie Mac Multifamily Asset Management Form Page S-3
Loan Document Modification and Reaffirmation Agreement
HACS:
HOUSING AUTHORITY OF THE CITY OF SOLEDAD, a
public body politic and corporate
By: _________________________________
Name:
Title:
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Freddie Mac Multifamily Asset Management Form Page S-4
Loan Document Modification and Reaffirmation Agreement
LENDER:
FEDERAL HOME LOAN MORTGAGE CORPORATION,
a shareholder-owned government-sponsored enterprise
organized and existing under the laws of the United
States of America
By: _________________________________
Name:
Title:
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Freddie Mac Multifamily Asset Management Form Exhibit A-1 Loan Document Modification and Reaffirmation Agreement
EXHIBIT A-1
MODIFICATIONS TO SECURITY INSTRUMENT
N/A
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Freddie Mac Multifamily Asset Management Form Exhibit A-2 Loan Document Modification and Reaffirmation Agreement
EXHIBIT A-2
MODIFICATIONS TO NOTE
Modifications to Note. The Note is amended as follows:
1. Section 2.b. of the Note is hereby amended to read as follows:
b. Maturity Date. The “Maturity Date” shall be August 1, 2025. Notwithstanding the foregoing, upon any acceleration of the amounts due under this Note pursuant to a Default (as defined in Section 5.a. below), or in connection with any other acceleration right of Citi set forth in this Note, the Loan Agreement, or in any of the other Loan Documents, the Maturity Date shall become the date of such acceleration.
234
Freddie Mac Multifamily Asset Management Form Exhibit A-3 Loan Document Modification and Reaffirmation Agreement
EXHIBIT A-3
MODIFICATIONS TO LOAN AGREEMENT
N/A
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Freddie Mac Multifamily Asset Management Form Exhibit A-4 Loan Document Modification and Reaffirmation Agreement
EXHIBIT A-4
MODIFICATIONS TO GUARANTY
N/A
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Freddie Mac Multifamily Asset Management Form Exhibit A-5 Loan Document Modification and Reaffirmation Agreement
EXHIBIT A-5
MODIFICATIONS TO OTHER LOAN DOCUMENTS
N/A
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162032688.1
Exhibit B
CONSENT OF THE HOUSING AUTHORITY OF THE CITY OF SOLEDAD (Benito Street Farm Labor Center/Benito Affordable Housing ) This Consent from the Housing Authority of the City of Soledad, a public body politic and corporate (“HACS”) (this “Consent”) is being delivered as of September ___, 2024 at the request of the Monterey County Housing Authority Development Corporation, a California nonprofit public benefit corporation (“MCHADC”).
The HACS has leased real property to Benito FLC Partnership to develop Benito Farm Labor Center (“Benito FLC”) and to Benito Street Partnership to develop Benito Affordable Housing (“Benito Affordable”) pursuant to two (2) separate ground leases to each of Benito FLC and Benito Affordable, both with a term of 65 years through 2070 (the “Ground Leases”).
MCHADC is the general partner of both Benito FLC and Benito Affordable.
The City of Soledad has provided funding for Benito FLC through a HOME loan secured by a Deed of Trust requiring affordable housing to be maintained on the real property subject to HACS’s Ground Lease (the “HOME Loan”). Benito FLC also received funding pursuant to a loan transferred to Federal Home Loan Mortgage Corporation (“FLC Lender”) which expired August 1, 2024 and the FLC Lender has agreed to extend the maturity date for 12 months from August 1, 2024 to August 1, 2025 (the “Loan Extension”), subject to obtaining the City’s consent to the Loan Extension.
As the general partner of Benito FLC and Benito Affordable, MCHADC intends to acquire the limited partnership interests in Benito FLC and Benito Affordable from RBC Investments and desires to obtain the consent of the City to acquire such limited partnership interests (the “LP Interests Acquisition”).
MCHADC desires to obtain the City’s acknowledgement that the Ground Leases shall remain in full force and effect and that the HOME Loan will remain outstanding and the City’s consent to the Loan Extension and the LP Interest Acquisition.
The City and HACS hereby acknowledges that (i) the Ground Leases shall remain in full force and effect; and (ii) the HOME Loan will remain outstanding and the terms and conditions under the HOME Loan, including restrictions requiring the Benito FLC site to remain affordable housing shall remain in place.
The City and HACS hereby acknowledges and consents to the Loan Extension and the LP Interest Acquisition and authorizes MCHADC to proceed with such transactions.
The City and HACS hereby represents and warrants that the undersigned has full power and authority to execute and deliver this Consent.
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IN WITNESS WHEREOF, the undersigned has executed this Consent as of the date of delivery written above.
THE HOUSING AUTHORITY OF THE CITY OF
SOLEDAD, a public body corporate and politic,
By:
Name:
Title:
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SUBJECT: Resolution No. 6156, A Resolution of the City Council of the City of Soledad Approving In-Kind City Services, Waiving Special Event Fees, Approving Street Closure of Front Street Between Main Street and Soledad Street for the Inaugural Soledad Vine & Dine: A Food and Wine Experience
TO: Honorable Mayor Velazquez and City Council
FROM: Kao Nou Yang. Community & Economic Development Director MEETING DATE: September 4, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 1.
Recommendation
It is recommended that the City Council of the City of Soledad consider and approve Resolution No. 6156, “Approving In-Kind City Services, Waiving Special Event Fees, Approving Street Closure of Front Street Between Main Street and Soledad Street for the Inaugural Soledad Vine & Dine: A Food and Wine Experience ”.
Executive Summary
The City of Soledad has partnered with the Soledad Historical Society to introduce a new event for the City, the ”Soledad Vine & Dine: A Food and Wine Experience.” Attendees can look forward to a variety of food vendors, wineries, breweries, outdoor live entertainment, and a 40x60 enclosed event tent featuring seating and a dance floor. Beyond enhancing the local economy and boosting city morale, a portion of the event’s proceeds will be donated to the Soledad Historical Society to support the preservation and promotion of Soledad’s rich history. The event is scheduled for Saturday September 28, 2024 from 4:00 PM to 7:00 PM and will take place in Downtown Soledad along Front Street, stretching from Main Street through Soledad Street and into Cesar Chavez Park. The applicants (City of Soledad and The Soledad Historical Society) are seeking approval for closure of Front Street between Main Street and Soledad Street, from 12:00 pm to 8:00 pm, a fee waiver for the use of Cesar Chavez Park, and in kind services.
Background
In January 2024, the Community and Economic Development Department began looking into ways to enhance the vibrancy of Downtown and bring new events to appeal to our younger demographic in order to have a positive impact on our economy. By early February, staff initiated research on a potential wine. In July 2024, Yadira Hobby an experienced events coordinator, joined the team as a 240
consultant to assist Henry Aguilar, Community Engagement Coordinator with the wine event. Yadira and Henry have been collaborating closely to coordinate the logistics for the event, which is proposed to be held on September 28th, 2024.
On August 23rd, the Community and Economic Development Department (CEDD) in partnership with the Soledad Historical Society submitted a Temporary Land Use Permit (TUP) application, along with a Special Events Application and Park Use Application. Since the City is actually hosting the event, it may not be necessary to secure these permits, but to ensure coordination amongst the Police, Parks and Recreation, and Public Works Departments, CEDD adhered to the same process that other non-profit organizations follow. Due to street closures, the event also requires City Council approval. In addition to the waiving of fees, it is requested that the City Council authorize the use of Cesar Chavez Park and approve in-kind services including staff time.
Review & Analysis
The inaugural ”Soledad Vine & Dine: A Food and Wine Experience” Event is a collaborative effort between the City of Soledad and the Soledad Historical Society. This new event will offer a unique wine and dine experience that the City has never organized before. Given the City’s proximity to local wineries and breweries, this event is a perfect fit for our geographic location and demographic. The primary goal is to engage with the community and stimulate our local economy while helping to raise funds for the Soledad Historical Society. 15% of the net proceeds will be given to the Historical Society.
The event is scheduled for September 28th, 2024, from 4:00 PM to 7:00 PM, with street closures extending from 12:00 PM to 8:00 PM for setup and cleanup.
As part of the event, Front Street in Downtown Soledad will be closed to accommodate multiple mobile food trucks. A map has been provided to clearly identify the streets that will be closed (See Map Exhibit “A”). The Public Works Department will coordinate with the Community and Economic Development Department to set up barricades, traffic signage, and other necessary equipment.
Although the City would typically not charge itself the $150 park fee, since the Soledad Historical Society is co-sponsoring the event, staff has decided to formally request that the City Council waive the park fee. The Community and Economic Development Department will be responsible for conducting business outreach to ensure that businesses along Front Street are minimally impacted. Additionally, the department will ensure that all participating vendors obtain the necessary permits, including temporary use, special events, business licenses, and health permits, to comply with state and local health and safety regulations.
Financial Considerations
Through the budget survey that was conducted for the FY 24/25 budgets process, the City learned that Soledad residents want more City sponsored events. As a result, the Community and Economic Development Department (CEDD) budgeted funding for Special Events contemplating this possible event. In addition, it is expected that participants will be charged approximately $45 per person for associated expenses so the event is designed to be cost neutral. Because this is a new event and revenue is unpredictable, staff is also requesting in-kind services from the Police, Parks and Recreation, and Public Works Departments similar to other citywide events. Staff also plan to recruit volunteers to defray staffing costs.
Alternatives
Approve the Resolution as presented; or
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Resolution No. 6156
2024 Soledad Vine & Dine TUP
2024 Soledad Vine & Dine PD SPECIAL EVENTS
2024 Soledad Vine & Dine PARK USE
Deny the Resolution of in-kind city services, waiving of park fee, and the street closure of Front Street between Main Street and Soledad Street for the Soledad Vine & Dine: A Food and Wine Experience.
Planning/CEQA
The Soledad Vine & Dine Event and the associated request for the street closure, waiving of the park fee, and in-kind services are considered exempt under the CEQA Guidelines Section 15304 (e) Class 4 Minor Alteration to Land. Pursuant to CEQA minor temporary land use with minimal or no permanent effects on the environment, such as carnivals and Christmas tree sales, are exempt.
Public Notice Requirements
None required
Attachment(s):
242
RESOLUTION NO. 6156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD
APPROVING IN-KIND CITY SERVICES, WAIVING SPECIAL EVENT FEES AND
APPROVING STREET CLOSURE OF FRONT STREET BETWEEN MAIN STREET AND SOLEDAD STREET FOR THE INAUGURAL SOLEDAD VINE & DINE: A FOOD
AND WINE EXPERIENCE
WHEREAS, the City of Soledad in collaboration with the Soledad Historical Society (Applicants”) has organized and will be hosting the inaugural Soledad Vine & Dine: A food and wine experience (“Event”); and
WHEREAS, the Event will be held at Cesar Chavez Park and Downtown Soledad along Front Street Between Main Street and Soledad Street on September 28th, 2024, from 4:00 pm to 7:00 pm; and
WHEREAS, this paid community event will feature a variety of food vendors, wine vendors, breweries and outdoor entertainment; and
WHEREAS, to allow the food truck vendors to line up along Front Street and to facilitate pedestrian safety, City Staff and the Historical Society is requesting closure along Front Street from Main Street to Soledad Street;
WHEREAS, City Staff and Soledad Historical Society is also requesting the waiver of parks fees for Cesar Chavez Park and other special event fees for September 28th for the event; and WHEREAS, the Event will require in-kind services including use of city equipment such as additional garbage cans, public restroom usage, barricades, and assistance from Public Works Staff to set up and then remove equipment; and
WHEREAS, the Event is CEQA exempt under Section 15304 (e) Class 4 Minor Alteration to land stating that Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.; and WHEREAS, Staff believes that the Event will provide a safe, exciting experience for the City’s residents.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Soledad that the Council hereby approves the temporary closure of Front Street, spanning from Main Street to Soledad Street, on September 28th, 2024, between the hours of 12:00 pm and 8:00 pm; the provision of in-kind city services including city equipment and staff support from the Community and Economic Development, Police, Parks and Recreation, and Public Works Departments, and waiver of park fees for Cesar Chavez Park for the Soledad Vine & Dine: A Food and Wine Experience Event.
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PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 4th day of September 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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248
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250
251
252
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254
SUBJECT: Receive Report on Prioritization of Community Access to City of Soledad Sports Field Facilities
TO: Honorable Mayor Velazquez and City Council
FROM: Jessica Potts, Parks and Recreation Director
MEETING DATE: September 4, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 2.
Recommendation
It is recommended that the City Council of the City of Soledad receive the staff report and provide direction regarding prioritization of community access to the City of Soledad sports field facilities in alignment with ongoing maintenance requirements.
Executive Summary
As requested by Council, staff is bringing forth the topic of the City of Soledad parks sports fields use for discussion and direction. With the creation of the Parks and Recreation Department, the base/softball facilities have become accessible to the public through reservations available at the Community Center, located across the street from these fields. This process allows for responsible public access to the fields, when not already reserved by sports organizations. Unfortunately, experience has shown that when the fields have been open, there has been damage due to over use resulting in higher labor and material costs and deterioration of the fields. To protect the over $2 million in investment in these facilities, it is recommended that field access remain limited, but staff be directed to educate residents on how to access those fields through the reservation system. In addition, the Parks and Recreation Department will host recreational programming open to the public in these fields 3 to 4 times a year.
Background
The City of Soledad has invested in creating and maintaining a diverse park and sports field system for the community, serving the interests and needs of the community and maintaining a high standard.
Between 2014 and 2018, the city invested over $2 million to create game-quality sports fields that increase capacity. The development and renovations of Vosti and Gallardo Parks were based on multiple Parks and Recreation Committee meetings to address the needs and desires of the City Council, leagues, and community for both youth and adult play. With the substantial investment and subsequent desire to keep the fields game quality, it was determined that the fields would be sportspecific designated and that the fields would be kept closed to provide control over use and 255
maintenance, to prevent overuse and destruction, and to manage maintenance labor and cost.
With the creation of the Parks and Recreation Department in 2021, the Council voted in a nominal fee for use to exhibit value and to offset a small portion of the costs associated with maintaining highly used game-quality fields. Briefly, in around 2016, Vosti Park was left open for ongoing public use, and within a short period of time, the field degenerated into conditions that were no longer game quality and beyond maintenance staff capacities. The field was closed, brought back to game standards, and closed to game reservations only. Closed fields became accessible to residents via reservations made at the Community Center in 2021, with a responsible adult charged with ensuring proper use of the field.
Review & Analysis
The City of Soledad has a large number of parks in its system; however, most are small in size, limiting activity options. While most have open space areas that can accommodate small-use sports activities, only seven have fields adequately sized for practice and games. Four of the parks are open to full public use but are also available for organized sports reservations. Three of the parks have gated, reservation only, game-quality fields. All of the community fields, open and closed, are heavily used by organized sports, including recreational and travel team uses.
Annual Field Use Example (all Parks):
Parks and Recreation Department Programs – 196 hours
Organized Soccer Use – 2,994 hours
Organized Baseball/Softball Use – 3,336 hours
Organized Football Use – 492 hours
Having game-quality fields has not only historically been a desire of the Council, but it also has many benefits. It shows the community and other communities that Soledad takes pride in our facilities and prioritizes providing quality play areas that increase property values and stimulate the economy. Teams from outside areas come to Soledad to play on our quality fields against local youth and adult teams, bringing sales tax dollars with them. It has been reported by the Little League that they have been told that Soledad has some of the nicest playing fields in the county. Due to care and maintenance, the parks, while still overused, have safe and divot-free soccer and base/softball fields, and bases and mounds are kept in game condition, which provides a safe playing space for athletes.
Comparing Soledad’s closed sports fields to open sports fields in other communities, Soledad fields are an example of diligent care and safety. Another field in the area displayed an uneven and degraded pitching mound, which can lead to missteps and ankle injuries. Home plates have been dug into, leaving protruding edges that can cause serious injury to knees and ankles. Having control of fields enables Soledad Parks maintenance staff to stay on top of the damage that comes from general sports related use, and rental organizations are required to drag and reset the fields after their use to assist in the care and continued quality.
The Parks Maintenance staff work hard to keep the fields in game condition. Issues that they have experienced when fields are left fully accessible include, but are not limited to, misuse, which includes children digging in the fields, fields used as dog parks leading to holes and pet excrement, overuse causing divots, loose soils, dead grass, and ball fields being used for a sport that they were not intended to be used for. All of these issues add to the already overloaded maintenance staff's workload, increasing costs through labor and materials, like specialized dirt and clay, grass seed, fertilizer, and irrigation issues.
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City of Soledad Sports Field Use and Mainte (1).pdf
Some in the community have expressed concern about the accessibility of the fields to ensure that there is space for youth to be active and engage in sports. At a variety of parks throughout the system, there is open space for active play, and at three of the community open parks, there is equipment like goals and backstops, all usable for practice and pickup games. The base/softball fields are available for use through reservations, with a nominal fee. Opening the fields with a responsible adult allows for the use of the game-quality fields and control of the use to ensure the fields are cared for and that damage is curtailed.
As the City of Soledad's population increases, demand for sports fields has grown steadily resulting in more conflicts between organized sports and free play. While it may seem like the obvious solution is to open access to the fields, the real issue is that the City does not have enough fields for our population.
The draft Parks and Recreation Master Plan, which will come back to the Council in the fall for consideration, highlights the need for more space to accommodate the growing need for sports outlets.
One opportunity in this plan is joint use of Soledad Unified School District fields. Now that the City has recently executed a joint use Memorandum of Understanding, staff is able to explore some of these opportunities.
In the meantime, staff is prepared to do more to educate the public about the reservation system. Staff will outreach to residents about the reservation system and place signage at the fields letting residents know who to reach out to make a reservation. Staff will continue to improve the reservation system to make is easier to utilize.
Financial Considerations
Field reservations are $2 per hour for public use. For Fiscal Year of 23/24, only 7 people reserved the fields. This may increase through improving public awareness of the rental option. If the fields are open, there would be no revenue for the uses. The unknown financial impact would come from increased labor and materials to maintain the parks with increased use and probable damage. This could result in thousands of dollars in additional expenses as experienced when Vosti Park was opened to public use.
Alternatives
Accept the recommendation of maintaining limited access with greater outreach regarding the reservation system and exploration of opportunities for joint field use with the School District.
If Council still wants open field access, consider opening Chester Aaroe Little League Field only as it will easier to maintain and monitor.
Provide other direction to staff.
Planning/CEQA
Staff report and request for council direction is not considered a project for the purposes of CEQA and has no potential for resulting in either a direct or indirect impact to the environment.
Public Notice Requirements
N/A
Attachment(s):
257
CITY OF SOLEDAD
SPORTS FIELD USE
AND MAINTENANCE
Enriching Communities Through Athletics
258
Soledad Sports Fields are Well Used
COMMUNITY SPORTS FIELDS
Available for Community Use
Accessible and usable via reservation at the Community
Center
Nominal fee and responsible adult provides value and
safety
Available for Youth and Adult Sports Organizations
High level of use for a variety of sports
Baseball, Softball, Soccer, Football
Organized sports use of all City parks
7018 Hrs a Year / 584.83 a Month / 19.23 Hrs a Day!
Numerous Soledad families and youth benefit from Soledad’s pristine sports fields 259
Limited Use of Sports Fields
Prevents Overuse - Which Lead To
Deterioration of ball field grass
Deterioration of hard-pack
Prevents Misuse - Including
Use as pet park - digging, defecation
People misusing the field - digging, general
damage
Right field... wrong sport!
Decreases Maintenance Requirements
Materials cost
Labor requirements
Improves integrity and longevity of the field
HIGH STANDARDS, QUALITY FIELDS
Not only do well-maintained fields look nice,
good maintenance has many important bi-effects:
Encourages Physical Activity
Boost Local Economy
Fosters Community Engagement
Safe Use and Reduced Liability
Reduced Maintenace Costs
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SPACE TO GROW IN
Soledad has some of the best game-quality fields in our area.
Parks and Recreation Staff will Work to Improve:
Provide better information to our community about how to reserve a field
Activate the fields through periodic, field-specific activity days for the whole community
Our well-maintained fields are a premium, and we don’t have enough space!
Develop Parks and Seek Opportunities to Increase Sports Fields Parks and Recreation Master Plan recommendation and community member feedback
SUSD Joint Use Agreement to Expand Field Access Options Soledad Baseball Park-Closed Field
Baseball Park in Another Community -
Open Field
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BY PRIORITIZING THE DEVELOPMENT AND
MAINTENANCE OF SPORTS FIELDS, CITIES CAN
CREATE A HEALTHIER, MORE VIBRANT, AND MORE
CONNECTED COMMUNITY
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SUBJECT:
Resolution No. 6158, A Resolution of the City Council of the City of Soledad Designating a Voting Delegate and Alternates for the League of California Cities Annual Conference and Expo and Directing Staff to Submit Names of the Delegates by September 25th
TO: Honorable Mayor Anna Velazquez and City Council
FROM: Jesus Valenzuela, Community Engagement Manager
MEETING DATE: September 4, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 3.
Recommendation
It is recommended that the City Council consider and adopt Resolution No.6158 , "Designating a Voting Delegate and up to two Alternates for the League of California Cities Conference and Expo", which will take place from October 16th to 18th, 2024, and "Directing Staff to Submit Names of the Delegates September 25th".
Executive Summary
Every year, the League of California Cities ("Cal Cities") convenes a member-driven General Assembly to vote on policy resolutions that impact local control at its Annual Conference and Expo. As a member of Cal Cities, the City of Soledad can designate a voting member and up to two alternates.
The voting member and alternates must be approved by the City Council and the names submitted through the California League of Cities online portal by September 25th. It is requested that the City Council designate these voting delegates.
Background
The California League of Cities Conference is in Long Beach on October 16th -18th. An important part of the Annual Conference is the Annual Business Meeting held at the closing General Assembly on Friday, October 18th. The City of Soledad is a member of the League of California Cities ("Cal Cities") and the Monterey Bay Division. As a member, the City of Soledad has participated in the memberdriven General Assembly at the Cal Cities Annual Conference and Expo and has attended many conferences. According to the League of California Cities invitation, the General Assembly is “an 263
Resolution No. 6158
important opportunity where city officials can directly participate in the development of Cal Cities' policies.”
Review & Analysis
The City of Soledad has participated in the League of California Cities for many years. The League provides the City of Soledad with guidance and recommendations for various State and Federal policy decisions impacting local municipalities. Participation in the League has proven beneficial in supporting the City’s legislative priorities.
During the Cal League of Cities Annual Conference and Expo, member cities can vote on the Cal Cities' policies and direction. To cast a vote during the General Assembly, the City of Soledad must designate a voting delegate and up to two alternate voting delegates. Voting delegates may be elected or appointed officials.
The voting delegate and alternates must register to attend the October 16th-18th Cal Cities Annual Conference and Expo. If any voting member or alternate does not wish to attend the full conference, they may register to attend only for the Friday session when the General Assembly will take place. For a City to cast a vote, one voter must be present at the General Assembly and possess the voting delegate card and tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. Per the Cal Cities bylaws, a City’s voting delegate and up to two alternates must be designated by the City Council. The delegate cannot be selected by individual action of the mayor or city manager. Following council action, delegate names can be submitted online through the submission portal by Wednesday, September 25th.
Financial Considerations
There is no cost associated with assigning a delegate and up two alternates.
Alternatives
Designate a voting delegate and alternates; or
Do not designate a voting delegate or alternates.
Planning/CEQA
The City of Soledad has determined that the proposed action of designating a voting delegate and up to two alternates is not a project as defined by the California Environmental Quality Act (CEQA) per Guidelines Section 15378. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378.
Public Notice Requirements
None required.
Attachment(s):
264
RESOLUTION NO. 6158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD
DESIGNATING A VOTING DELEGATE AND ALTERNATES FOR THE LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE AND DIRECTING STAFFF TO SUBMIT NAMES OF DELEGATES BY SEPTEMBER 25TH
WHEREAS, the League of California Cities provides the City of Soledad with guidance and recommendations for various State and Federal policy decisions impacting local municipalities; and
WHEREAS, during the Cal League of Cities Annual Conference and Expo, member cities have the opportunity to vote on the League of California Cities' policies and direction; and WHEREAS, the City of Soledad is a member of the League of California Cities and can designate a voting member and up to two alternates; and WHEREAS, the voting member and alternates must be approved by the City Council and have the names submitted through the California League of Cities online portal by September 25, 2024; and
WHEREAS, the voting delegate and alternates must register to attend the October 16th - 18th Cal Cities Annual Conference and Expo.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Soledad does hereby resolve as follows:
1. The City Council of the City of Soledad has approved ___________ as the voting delegate.
2. The City Council of the City of Soledad has approved ____________ the first alternate.
3. The City Council of the City of Soledad has approved ____________ the second alternate.
4. The City Council of the City of Soledad directs staff to register the voting delegate and up to two alternates through the Cal League of Cities portal by September 25, 2024.
PASSED AND ADOPTED by the City Council of the City of Soledad at a regular public meeting thereof held on the 4th day of September 2024, by the following vote:
AYES, and in favor thereof Councilmembers:
NOES, Councilmembers: None
ABSENT, Councilmembers: None
ABSTAIN, Councilmembers: None
265
______________________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
___________________________________
MEGAN HUNTER, City Clerk
266
SUBJECT: Creation of the Soledad City Council Legislative Committee TO: Honorable Mayor Anna Velazquez and City Council
FROM: Jesus Valenzuela, Community Engagement Manager
MEETING DATE: September 4, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 4.
Recommendation
It is recommended that the City Council approve the creation of a Legislative Committee and approve the appointment of two Council members to the Committee.
Executive Summary
The City of Soledad desires to enhance its ability to advocate for legislation and regulations and seek funding consistent with the City’s visions, goals, and policies. The City has contracted with Townsend Public Affairs (Townsend) to assist the City in keeping up to date with State legislation and contacting representatives to support beneficial legislation. The Council is now proposing to establish a Legislative Committee composed of two council members and city staff, with support from Townsend, to assist the Council in, among other matters, establishing a legislative platform and to make recommendations on legislation warranting City support.
Background
In February of 2021, the Soledad City Council held a special meeting to set goals and priorities. The Council expressed the need for legislative and grant-writing support. On September 21, 2022, the Council approved a one-year contract with Townsend Public Affairs to support the City of Soledad with legislative priorities, keep track of important bills at the State Capitol, and keep a working relationship with State Representatives. The contract with Townsend has since been extended.
Working with Townsend has increased staff’s ability to participate in legislative activities at California League of Cities conferences, engage with State representatives, and seek funding opportunities. In February 2024, the staff was directed to explore the creation of a Council Legislative Committee to review legislation and state and federal bill packages to support and facilitate the City’s advocacy efforts with local, state, and federal legislators.
On August 8, 2024, Staff met with Townsend to discuss the creation of the Legislative Committee. On 267
August 14, 2024, Townsend representatives sent their recommendations for creating a committee.
Review & Analysis
The Soledad City Council has expressed its desire to develop legislative principles and a strategic agenda that will include advocating for legislation and regulations and seeking funds from state and federal sources consistent with the City’s vision, goals and policies, all in an effort to benefit the local community. The Council has previously discussed the creation of a Legislative Committee to assist the Council in achieving this goal. Townsend has provided examples from other cities (Exhibit A) and a proposed timeline (Exhibit B). The Committee would be tasked with making recommendations to the full Council on the preparation and adoption of a legislative platform, discuss legislative priorities, establish a process for taking positions on legislation, and then review and make timely recommendations to the Council on positions on upcoming legislation.
Staff recommends that the Mayor nominate and that the Council thereafter approve, two Councilmembers to serve on the Legislative Committee to meet regularly with Townsend and City staff to carry out the scope of duties referenced above. The new Legislative Committee will be a standing committee subject to the procedures set forth in the Brown Act.
It is important to note that the current contract with Townsend tracks legislation only at the State level.
The support for federal budget earmarks is considered part of the “grants” portion of the Townsend contract. Tracking Federal legislation will require staff support, an amendment to the contract with Townsend, or Council can direct staff not to track Federal legislation.
For more information and to see the timeline, please see Exhibit B.
Financial Considerations
There is no cost associated with the formation of this informal Legislative Standing Committee.
Alternatives
Establish the Legislative Committee and make appointment by minute motion; or Take no action and provide Staff with direction.
Planning/CEQA
The City of Soledad has determined that the proposed action of forming a Legislative Committee and designating two council members to said committee is not a project as defined by the California Environmental Quality Act (CEQA) per Guidelines Section 15378. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378.
Public Notice Requirements
None required.
Attachment(s):
268
06-18-2024 LAC Agenda
08-13-24 City of Soledad Legislative Subcommittee Agenda Memo 269
AAG E N D A
CHINO HILLS LEGISLATIVE ADVOCACY COMMITTEE
REGULAR MEETING
TUESDAY, JUNE 18, 2024
2:00 P.M.
CIVIC CENTER, CITY COUNCIL CONFERENCE ROOM,
2ND FLOOR
14000 CITY CENTER DRIVE, CHINO HILLS, CALIFORNIA
This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the agenda unless the Legislative Advocacy Committee makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the City subsequent to the posting of the agenda. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection in the Office of the City Clerk in a public binder, and on the City's website at www.chinohills.org while the meeting is in session. Materials related to an item on this Agenda submitted to the Committee after distribution of the agenda packet are available for public inspection in the Office of the City Clerk at 14000 City Center Drive, Chino Hills, CA during normal business hours.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk's Office, (909) 364-2620, at least 48 hours prior to the start of the meeting to enable the City to make reasonable arrangements. Thank you.
Speaker Cards - Those persons wishing to address the Legislative Advocacy Committee on any matter, whether or not it appears on the agenda, are requested to complete and submit to the City Clerk a "Request to Speak" form available in the Office of the City Clerk.
In accordance with the Public Records Act, any information you provide on this form is available to the public. You are not required to provide personal information in order to speak, except to the extent necessary for the City Clerk to call upon you. Comments will be limited to three minutes per speaker.
INPLEASE PLEASE SILENCE SILENCE ALL ELECTRONIC ELECTRONIC DEVICES DEVICES WHILE COMMITTEE COMMITTEE IS IN SESSION. SESSION. Thank you.
COMMITTEE MEMBERS
BRIAN JOHSZ
PETER ROGERS
1/26
270
CALL2: 2: 00 P. M. - CALL TO ORDER / ORDER / ROLL CALL
1. PUBLIC COMMENTS: At this time members of the public may address the Legislative Advocacy Committee regarding any items within the subject matter jurisdiction of the Committee, whether or not the item appears on the agenda. Individual audience participation is limited to three minutes per speaker. Please complete and submit a speaker card to the City Staff.
MEETINGPUBLIC PUBLIC MEETING
2. Approve April 26, 2024, Legislative Advocacy Committee Meeting Minutes
3. Provide direction on reporting mechanisms pursuant to Sections 3.2.7 and 4.11 of the Legislative Program within Section 5.2 of the Chino Hills Administrative Policies and Procedures Manual and review City' s adopted 2016 Legislative Platform
4. Discuss City's position on Senate Bill 536 (Rubio) Surplus State Real Property:
Heman G. Stark Youth Correctional Facility, as amended
5. Presentation on State Retail Theft/ Fentanyl, Labor Bills, and Bills of Interest, Chino Hills' Sponsored Senate Bill 1034 ( Seyarto) Public Records Act: State of Emergency and Omnibus Proposal - Attestation of Digital Signatures, 2024 November Ballot, and Federal Appropriations Updates
ITEMSFUTURE FUTURE DISCUSSION ITEMS
ADJOURNMENT:
2/26
271
City of `..
Chino Hills
CITY OF CHINO HILLS
LEGISLATIVE ADVOCACY COMMITTEE
DECLARATION OF POSTING NOTICE
Lynnae Sisemore states and declares as follows:
hereby certify under penalty of perjury under the laws of the State of California, that I posted the Agenda of the Legislative Advocacy Committee for the regular meeting scheduled for Tuesday, June 18, 2024, next to the Council Chambers, 14000 City Center Drive, Chino Hills, California.
I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on June 14, 2024, at Chino Hills, California.
CITY OF CHINO HILLS
L - ' ae Sisemore
Assistant City Clerk
272
State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 244-0209 Federal Office ▪ 600 Pennsylvania Avenue SE • Suite 360 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555 Southern California Office ▪ 1401 Dove Street • Suite 430 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215 Northern California Office ▪ 300 Frank H. Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030 Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721
M E M O R A N D U M
To: City of Soledad
Anna Velazquez, Mayor
Megan Hunter, City Manager
Jesus Valenzuela, Community Engagement Manager
From: Townsend Public Affairs
Christopher Townsend, President
Eric O’Donnell, Director
Spencer Street, Senior Associate
Date: August 13, 2024
Subject: City of Soledad Legislative Subcommittee Timeline To prepare for the 2025-2026 Legislative Session, the following provides a suggested timeline for the City’s Legislative Subcommittee to meet and also offers relevant points of discussion based on the legislative calendar. The 2025 legislative calendar is yet to be published, so exact dates are subject to change.
• Early December or Early January
o The first meeting serves to discuss legislative priorities for the 2025-2026 legislative session, update the City’s legislative platform, and solidify processes for taking positions on legislation. This is also a good opportunity to identify projects for state budget requests.
• Early March
o Debrief on bills introduced after the Bill Introduction deadline and preview committee hearing schedules. Discuss proposed positions on specific bills flagged by TPA and provide a budget update after Governor’s January Budget. • Early April
o Discuss bills going to the Appropriations Committee and review positions on legislation before letter submission deadlines.
• Early June
o Update on active bills after House of Origin deadline and Budget after May Revise with preview of Governor’s June Budget.
• Early August
o Preview the End of Session and recap of bills still active. Update on any budget bill and budget trailer bill actions.
• Late September
o Review of End of Session and bills sent to Governor’s desk. Plan for timeline/agenda for 2026.
273
SUBJECT: Status Update on American Rescue Plan Act Projects and Recommended Modifications
TO: Honorable Mayor Velazquez and City Council
FROM: Mike Howard, Finance Director
MEETING DATE: September 4, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 5.
Recommendation
It is recommended that the City Council receive the status update of American Rescue Plan Act (ARPA) projects and approve recommended modifications as presented.
Executive Summary
The American Rescue Plan Act (ARPA) of 2021 is a $1.9 trillion economic stimulus bill passed by the United States Congress and signed into law by President Biden. The City of Soledad received $6,285,000 of that stimulus package. These ARPA Funds must be expended or under a public works contract by December 2024. To ensure the City meets the expenditure deadline, Staff has been focused on completing these projects and have executed public works contracts for both the Soledad Community Center Building Modernization Project and the Soledad Fire Department Aerial Apparatus Bay. Construction at the Community Center is well underway, but unforeseen conditions including a broken water pipe and mold have required two change orders. To take advantage of deployment of electrical subcontractors at the Community Center, staff is also recommending that Bid Alternate #1 for gym lighting and basketball winches be approved. These changes will require additional ARPA funds.
It is also recommended that a new ARPA project be added for police body and dash cameras in the amount of $60,000.
Background
On December 15, 2021, staff presented to the City Council of the City of Soledad a list of Public Works water and sewer line replacement projects and proposed allocating $4 million for these projects. City Council approved the dedication of $4 million to Public Works infrastructure per the ARPA guidelines.
On May 31, 2022, staff and City Council held a “Town Hall” meeting to get public input on the use of the remaining $2.2 million of ARPA funds and at the June 1, 2022, City Council meeting staff presented the following recommended allocations by department which were approved by the City Council at that meeting.
274
Economic Development $1,000,000
Parks & Recreation 500,000
Police 400,000
Information Technology 300,000
On August 17, 2022, staff presented to the City Council specific projects related to the allocation of the $2.2 million of ARPA funds to the departments of Economic Development, Parks & Recreation, Police, and Information Technology.
ARPA Funds need to be expended by December 2024. The City has been encouraged by Federal legislators to get the allocated ARPA Funds spent. Staff has reviewed the approved projects along with other projects that could be completed in a much faster timeframe. As a result, an ARPA update was presented along with a request to modify the allocation of funds to projects that could be completed more quickly on March 20, 2024.
Review & Analysis
The ARPA Funds were distributed to local governments throughout the United States with strict guidelines as to the use and timeframe the funds needed to be expended. The deadline for expending the funds is December 31, 2024. There is one exception to this deadline, and that is if the funds are legally committed by a signed contract obligating the payment, the agency would have until December 2026 to spend the funds. Based on the current political climate and at the urging of local Federal legislators, City Staff is recommending to have all distributed funds expended by the end of 2024, with the exception of the new Soledad Fire Department (CALFIRE) Aerial Apparatus Bay and Soledad Community Center Building Modernization Project, which meet the criteria for the exception. With that in mind, Staff is recommending the reallocation of project funds to the Community Center and to the purchase of police body and dash cameras and software, which can be completed quickly.
The attachment to this staff report shows the current status of each project, along with proposed changes to the ARPA allocation. Since the approval of ARPA related projects, staff has been working diligently on completing several of the projects and presents a status update along with proposed project adjustments.
Public Works
Public Works has completed the Dixi Water & Sewer Line Replacement project. As approved on March 20th, ARPA Funds for the Soledad, Kidder, East Line Replacement were reallocated. That project is included in the User Rate Study and can be funded with Enterprise Funds. Funds from the project were shifted to the Fire Station Aerial Apparatus Bay, Corporation Yard Modular, Generators and Tree Trimming. The modular and tree trimming are now under contract. However, it is recommended that the generator funding be reallocated.
Economic Development
The facade grant program has been completed and staff is waiting for one last reimbursement request.
Over $198,000 of reimbursements have been processed and it is expected that the entire budget will be exhausted. Additionally, the City Council approved the purchase of 540 Gabilan for affordable housing development. Successor Housing Funds were the primary source used to purchase that property, however an additional $337,670 was needed from ARPA Funds to complete the transaction. 275
Parks & Recreation
The Starting Block project is complete and the City Council has received a report from the Soledad Mission Recreation District regarding the completion of the project. Construction for the Soledad Community Center Building Modernization Project focused primarily on the kitchen remodel is well underway. On April 9, 2024, the City awarded a contract to David Construction & Management, Inc. in an not to exceed $787,169. Unfortunately, the kitchen remodel has hit some unexpected challenges including a broken water pipe and the discovery of mold and wood rot from a prior roof leak resulting in multiple change orders. Staff is also recommending that Bid Alternate #1 for gym lighting and basketball winches be included to take advantage of the electrical subcontractors already on the job.
This would increase ARPA expenditures for this project to $1,290,770 Police
The Youth Homework Center project is complete and came in under budget. The Police Department has been working with Partners 4 Peace and Sun Street Center on the Youth Violence Prevention Program, which was completed at the end of June. A contract to purchase (5) Flock Cameras was executed for $91,800 and the cameras have recently been installed and are in service. A new project is proposed to be added to the Police for the purchase of body and dash cameras and software as the current cameras are beginning to fail.
Fire
Contracts for the Soledad Fire Department (CALFIRE) Aerial Apparatus Bay have been awarded with construction to begin soon. ARPA funding for this project was allocated on March 20th with additional funds requested on August 21st. To provide more funding for the Community Center, it is proposed that the ARPA allocation be reduced and additional funds be used from public safety development impact fees and the fire legacy fund.
Information Technology
The projects originally proposed under the Information Technology Department are about complete and Staff is not recommending any changes to this area. The last remaining project is the update to the Finance system, which is already underway.
Financial Considerations
There is no impact to the current fiscal year budget since all revenue and expenditures have already been accounted for.
Alternatives
Approve the modifications as proposed.
Provide other direction to staff.
Planning/CEQA
This action is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment or a 276
Attachment 1 - Revised ARPA Allocation
reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.
Public Notice Requirements
Not Required.
Attachment(s):
277
278
SUBJECT: Resolution No. 6150, A Resolution of the City Council of the City of Soledad Approving a Contract Change Order for Construction Services with David Construction & Management, Inc in the Amount of $230,870 Plus a 10% Contingency for a Total Not-to-Exceed Amount of $253,957 for the Soledad Community Center Building Modernization Project and Authorizing the City Manager to Execute said Contract Change Order and Task Order Amendment on Behalf of the City of Soledad Resolution No. 6157, A Resolution of the City Council of the City of Soledad Approving an Amendment to Consulting Services Agreement Task Order No. 1 with In Studio Architecture for $20,000 for a Total Contract Amount Not to Exceed $150,000 to Provide Additional Construction Management Support Services for the Soledad Community Center Building Modernization Project and Authorizing the City Manager to Execute said Contract Change Order and Task Order Amendment on Behalf of the City of Soledad
TO: Honorable Mayor Velazquez and City Council
FROM: Don Wilcox, Public Works Director, Alex Ramos, Assistant Engineer MEETING DATE: September 4, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 6.
Recommendation
It is recommended that the City Council of the City of Soledad consider and adopt:
1. Resolution No. 6150, “A Resolution of the City Council of the City of Soledad Approving a Contract Change Order for Construction Services with David Construction & Management, Inc in the Amount of $230,870 Plus a 10% Contingency for a Total Not-to-Exceed Amount of $253,957 for the Soledad Community Center Building Modernization Project and Authorizing the City Manager to Execute said Contract Change Order and Task Order Amendment on Behalf of the City of Soledad”; and
2. Resolution No. 6157, “A Resolution of the City Council of the City of Soledad Approving an Amendment to Consulting Services Agreement Task Order No. 1 with In Studio Architecture for $20,000 for a Total Contract Amount Not to Exceed $150,000 to Provide Additional Construction Management Support Services for the Soledad Community Center Building Modernization Project and Authorizing the City Manager to Execute said Contract Change Order and Task Order Amendment on Behalf of the City of Soledad”. 279
Executive Summary
The Soledad Community Center is fully under construction, however, the kitchen remodel has hit some unexpected challenges including a broken water pipe and the discovery of mold and wood rot from a prior roof leak. The construction contingency for this project has been depleted with prior items under Contract Change Order No. 1 (CCO 1). However, there is a remaining list of items that need to be addressed including additional work to remediate the recent discovery of mold and stud damage in the south wall. Given the resources already dedicated to this project, it is also recommended that the City Council approve one of the bid alternates for the gym lighting and basketball winches. The total cost of the change order with David Construction & Management, Inc. would be a not to exceed of $253,957 and an amendment to the Consulting Services Agreement Task with In Studio Architecture would be for $20,000 for a total amount not to exceed amount of $150,000.
Background
The Soledad Community Center was constructed in 1993, and while there have been various repairs over the years while leased to the YMCA, the facility is currently in need of a comprehensive overhaul.
The kitchen is presently non-compliant with the County Health Code due to the existing stove hood not having fire suppression, lack of grease trap, and porous floor tiles. The kitchen also needs new stoves, heating racks, and an ice machine.
Additionally, various upgrades to the Soledad Community Center have been identified and include the gym and stage lighting upgrades and the replacement of the ADA stage lift that has been inoperable for years. Other components needed to be assessed as they seemed near their end of useful service life and likely need replacement. This includes but is not limited to the interior and exterior doors (to ensure ADA accessibility to the entire facility), an emergency generator as the Soledad Community Center acts as an EOC, and parking lot upgrades.
On October 19, 2022, the City Council approved an Agreement between the City of Soledad and In Studio Architecture for the Design and Construction Management of the Soledad Community Center Remodel Project as Task Order #1. Under this Task Order, In-Studio Architecture (ISA) was tasked with the kitchen remodel design. On December 7, 2022, the City Council approved Task Order 1B Under an Agreement Between the City of Soledad and In Studio Architecture for the Design and Construction Management of the Soledad Community Center Remodel Project. Under Task Order 1B, ISA was to provide a design for the upgrades and repairs identified in the overall facility assessment of the Soledad Community Center.
On December 6, 2023, the City received an award notification that the Community Center received a $50,000 grant from T-Mobile to fund new stage lighting and an ADA lift. This project must be completed by December 31, 2024.
On April 9, 2024, the City Council approved a contract for construction services with David Construction & Management, Inc. for the Soledad Community Center Modernization Project (Soledad Community Center Remodel Project) for the total amount of $787,169 for the base bid of the project.
Review & Analysis
This project is fully under construction with the recent accomplishment of the finished stage lift and the delivery of the stage lighting and electrical. The kitchen remodel has had a few RFI’s resulting in changes from the original scope of work and therefore requiring a contract change order. CCO 1 280
included the substitution of the hood to provide enough vertical clearance to avoid incidents, electrical work, the refurbishment of two doors, mold remediation/drywall, and a vinyl backsplash (FRP) to protect the wall along the sink for a total amount of $36,073 funded through the project’s construction contingency.
With the recent discovery of mold along the back wall (South wall), the contractor has identified a substantial amount of water damage and mold on the existing studs warranting removal/replacement of sheetrock full height of the wall, insulation, installation of sister studs, and the application of both Ratguard/Kiltz Studs Plates, Paint, etc. This mold and wood rot was caused by the leaky roof, which was ultimately fixed in 2021, not the more recent water pipe break.
To avoid further delays on this project, CCO #2 has been approved administratively for $14,228 to perform the necessary work along the interior south wall, as the contractor is already working in this area and has the crew on staff to complete the task. However, there are several items that remain to be addressed to continue moving this project forward and ensuring that the necessary repairs/improvements are made under this Community Center Modernization Project. These include the following: the exterior flatwork and elevations, stage wall and ceiling finishes, grease interceptor conflicts, the waterline leak in the kitchen, the exterior south wall/wood rot repairs, and Bid ALT 1 – for the Gym Lighting and Winches. Staff, therefore, recommends that the City Council approve this Contract Change Order encompassing the remaining items for a total not to exceed the amount of $253,957.
Additionally, many of these change order items have required extensive efforts to track, review submittals, negotiate, and coordinate between the contractor and the City that was outside of the original scope of work for the Construction Management services being performed by In Studio Architect (ISA). This project is far from completion with the additional work outlined in the CCOs and the remaining work as part of the base bid project Scope of Work. Therefore, the Staff is recommending that the Council also approve an amendment to the consulting services agreement Task Order No. 1 for an amount not to exceed $20,000. To minimize the cost of construction management support, the City's contract Building Official will also assist with construction management.
Financial Considerations
The funding for this Contract Change Order and Amendment to Task Order No. 1 shall come from the American Rescue Plan Act (ARPA) Funds.
Original Construction Contract Amount - $749,685
Construction Contingency - $37,484
CCO #1 - $36,073
CCO #2 - $14,228
CCO #3 - $253,957 (Including Contingency)
New Const. Contract Amount - $1,053,943
Original Design/Const. Management Amount - $130,000
CA #1 – $20,000
281
Resolution No. 6150
Exhibit A - Change Order No 3
Resolution No. 6157
Exhibit B- ISA TO. 1 Amendment No. 1 Proposal
New Design/Const. Management Amount - $150,000
Alternatives
Approve the resolution as presented; or
Modify the resolution; or
Do not approve the Resolution. This is not recommended as denying this resolution may result in delays and costly repairs in the future. Additionally, both these items are required to continue completing this project.
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 project scope to, examples of such projects, including interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. As detailed above, the proposed Project would be categorized under this description.
Public Notice Requirements
None required.
Attachment(s):
282
RESOLUTION NO. 6150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD
APPROVING A CONTRACT CHANGE ORDER FOR CONSTRUCTION SERVICES
WITH DAVID CONSTRUCTION & MANAGEMENT, INC IN THE AMOUNT OF $230,870 PLUS A 10% CONTINGENCY FOR A TOTAL NOT TO EXCEED AMOUNT OF $253,957 FOR THE SOLEDAD COMMUNITY CENTER BUILDING
MODERNIZATION PROJECT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT CHANGE ORDER ON BEHALF OF THE CITY OF
SOLEDAD
WHEREAS, the Soledad Community Center was constructed in 1993, and while there have been various repairs over the years, the facility is currently in need of a comprehensive overhaul; and
WHEREAS, on April 9, 2024, the City Council approved a contract for construction services with David Construction & Management, Inc. for the Soledad Community Center Building Modernization Project; and
WHEREAS, the Soledad Community Center is fully under construction, however, the kitchen remodel has hit some unexpected challenges including a broken water pipe and the discovery of mold and wood rot from a prior roof leak; and WHEREAS, the construction contingency for this project has been depleted with prior items under Contract Change Orders No. 1 (CCO 1) and No. 2 (CCO 2).
WHEREAS, CCO 1 included the repair of the water pipe, substitution of the hood to provide enough vertical clearance to avoid incidents, electrical work, the refurbishment of two doors, mold remediation/drywall, and a vinyl backsplash (FRP) to protect the wall along the sink for a total amount of $36,073 funded through the project’s construction contingency; and WHEREAS, CCO 2 for additional mold remediation was approved administratively because it was under the City Manager’s spending authority; and WHEREAS, there is a remaining list of items that need to be addressed including wood rot and stud damage in the south wall caused by the roof leak, exterior flat and stucco work, and painting and texturing of stage walls; and
WHEREAS, given the resources already dedicated to this project and the electrical work already underway in the stage area, it is also recommended that the City Council approve one of the bid alternates for the gym lighting and basketball winches as part of a new change order (Contract Change Order No. 3); and
WHEREAS, this project is Categorically Exempt under Class 1 Existing Facilities, having met the qualifying criteria provided under CEQA Guidelines Section 15301; and 283
WHEREAS, the Contract Change Order No. 3 for David Construction & Management, Inc. shall be funded through the American Rescue Plan Act: 276-5440-5632.
NOW THEREFORE, BE IT HEREBY RESOLVED, by the Council of the City of Soledad that a Contract Change Order for Construction Services with David Construction & Management, Inc in the amount of $230,870 plus a 10% Contingency for a total no to exceed amount of $253,957, a copy of the Change Order is attached hereto as “Exhibit A”, and by this reference incorporated herein, is hereby approved and the City Manager is hereby authorized and directed to execute the same on behalf of the City.
PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 4th day of September 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
284