this will be adjusted to $200 for an employee with 1 dependent, and to $100 for an employee only.
Section 7: Life Insurance
City shall provide term life insurance for each employee. The amount of coverage shall be the employee’s annual salary multiplied by 1.5 not to exceed $150,000.
Section 8: Conversion of Accumulated Sick Leave
Any employee who retires or resigns from City services in good standing with a minimum of fifteen (15) years of service shall be entitled to convert unused sick leave as provided below:
A. Employee who has completed a minimum of twenty (20) years of service and has accumulated a minimum of one thousand (1000) hours of sick leave, shall be entitled to convert fifty percent (50%) of his/her unused sick leave to paid time off;
B. Employee who is at least fifty-five (55) years old and has completed a minimum of fifteen (15) years of service, shall be entitled to convert twenty percent (20%) of his/her unused sick leave to paid time off;
C. Employee who is under the age of fifty-five (55) and has completed a minimum of fifteen (15) years of service, shall be entitled to convert ten percent (10%) of his/her unused sick leave to paid time off;
Such paid time off shall be used immediately preceding the employee’s retirement date.
City retains the right and sole discretion to determine whether to pay an employee the cash equivalent of the unused sick leave referenced in subsections A., B., and C. above, in-lieu of paid time off. Employees terminated by City are not eligible for the provisions provided herein.
Section 9: Holidays
The following holidays are recognized as municipal holidays, and all employees shall have these days off, except as otherwise provided. Permanent employees shall receive eight (8) hours of holiday pay for each holiday.
A. January 1 (New Years Day)
B. Third Monday in January (Martin Luther King Jr. Day) C. Third Monday in February (President’s Day)
D. Last Monday in May (Memorial Day)
Packet Pg. 132 Attachment: Resol 22-07 Benefits for Management Employees (2313 : Resolution No. 2022-06 & Resolution No. 2022-07 Benefits for Misc. &
E. July 4 (Independence Day)
F. First Monday in September (Labor Day)
G. November 11 (Veteran’s Day)
H. Fourth Thursday in November (Thanksgiving Day)
I. Fourth Friday in November (The day following Thanksgiving Day) J. December 24 (Christmas Eve)
K. December 25 (Christmas Day)
L. Every day appointed by the President of the United States or the Governor of the State for a public fast, thanksgiving, day of mourning or holiday.
M. Floating Holiday: Each employee, upon their individual request, shall be granted one floating holiday each calendar year. Sufficient notice shall be given to the employee’s immediate supervisor prior to the use of said holiday. Scheduling of said holiday is not to interfere with the work schedule of City.
Section 10: Safety Boots
For all Public Safety Management (Exempt) Employees and Public Works Supervisor upon administrative direction, City shall pay $200.00 maximum to provide safety boots on an as-needed basis, but not more often than once every twelve (12) months. In the event, that an employee resigns within six (6) months of the purchase of the safety boots, the employee shall be required to reimburse the City for one-half (1/2) of the City’s cost of the safety boots.
Section 11: Uniforms
a. For the classification of Public Safety Director, Police Chief and Deputy Police Chief, the City shall provide uniforms as provided in the Gonzales Police Supervision Association Memorandum of Understanding.
b. For the classification of Fire Chief and Deputy Fire Chief, the City shall provide two (2) shirts and trousers annually for use at work.
c. From January 1, 2016, at the commencement of the updated resolution establishing the level of benefits for management employees, and upon the direction of CalPERS, the City will report to CalPERS the monetary value for providing, maintaining, and replacing uniforms to all employees covered under this resolution, who are required to wear uniforms provided by the City. The City will report the total bi-weekly amount for the initial cost and/or maintenance and/or replacement of uniforms, for each employee. The biPacket Pg. 133 Attachment: Resol 22-07 Benefits for Management Employees (2313 : Resolution No. 2022-06 & Resolution No. 2022-07 Benefits for Misc. &
weekly amounts reported to CalPERS will derive from the City’s invoices of total cost per employee for the maintenance of uniforms. The bi-weekly amounts reported to CalPERS will also include the total cost for initially providing uniforms, and/or the replacement of uniforms when applicable, and the amounts for the initial cost and/or replacement. The invoices provided to the City, by its uniform vendor, will include the unit price, which will determine the total cost, per employee. The City will report to CalPERS, no more than $800 per year, per employee, for providing the initial cost, replacement, and maintenance of required uniforms, in the manner as described in this paragraph for all employees that receive a uniform.
Section 12: Other Benefit Provisions of the Personnel Rules, Regulations, and Policies Management employees shall be eligible for all benefits provided for in the Personnel Rules, Regulations, and Policies.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 18
th day of January 2022 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Jose L. Rios, The Honorable Mayor
ATTEST:
Mary Villegas, Deputy City Clerk
Packet Pg. 134 Attachment: Resol 22-07 Benefits for Management Employees (2313 : Resolution No. 2022-06 & Resolution No. 2022-07 Benefits for Misc. & City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: January 18, 2022
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: René L. Mendez, City Manager
SUBJECT: Resolution No. 2022-09, Approve On-Call Consultant List for Professional Planning Services & Award Contracts to Harris & Associates and HR & Associates
RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2022-09, A Resolution of the City Council of the City of Gonzales Establishing a Three-Year On-Call Consultant List for Planning Services, and Authorizing Execution of Non-Exclusive Agreements with Harris & Associates for an Amount not to Exceed $120,000 for Planning Support and Staff Augmentation Services and HR & Associates for an Amount not to Exceed $35,000 for Planning Support Including Preparation of LAFCO Applications for Proposed Annexations.
BACKGROUND
The City engages consulting firms to perform a variety of professional services to assist staff with reviewing and processing land development applications, delivering Capital Improvement Projects and to support related efforts in the Planning and Public Works Departments. With the recent vacancy of the Community Development Director position, staff determined it was appropriate to seek qualifications from consulting firms that perform planning services due to the number of current and expected development applications.
REVIEW & ANALYSIS
Staff released the attached Request for Qualifications (RFQ) for Professional Services on November 23, 2021. The RFQ indicated staff was seeking the following services:
AGENDA
ITEM
19 Packet Pg. 135
• Planning support for land development applications
• Preparation of CEQA/NEPA documents including supporting technical studies • Capital Project permitting
• Staff augmentation
A preproposal meeting was held on December 2nd, where staff provided an overview of the RFQ, discussed current and upcoming development projects, and responded to questions. Statements of Qualifications (SOQs) were received from eight consulting firms by the December 16th deadline. City staff reviewed the submitted SOQs and deemed them all responsive and recommend the following actions:
1. Establish the following On-Call Consultant List for planning services for the next three years (firms are listed in alphabetical order):
• Denise Duffy Associates
• Dudek Consulting
• EMC Planning
• Harris & Associates
• HR & Associates
• Kimley-Horn
• LSA
• Rincon Consultants
2. Approve a $120,000 agreement with Harris & Associates for planning support and staff augmentation services.
3. Approve a $35,000 agreement with HR & Associates to prepare the LAFCO annexation applications needed for the Sphere of Influence Development Projects.
It is anticipated that the need for planning contract services will decrease once the vacant Community Development Director position is filled.
How Recommendation Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: The use of consultant staff and expertise will help deliver Capital Improvement Projects and assist with the review of development projects.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: The use of on-call consultants to augment City staff capabilities greatly helps with keeping our projects on track.
City services will be delivered in a cost-effective, respectful and friendly manner to ensure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ____No ____ N/A Packet Pg. 136
Explain: Establishing an updated on-call list of consulting firms is a best practice for obtaining competitive and responsive professional services.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing X Yes No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain: See above.
ALTERNATIVES
1. Direct staff to seek additional Statement of Qualifications from other firms
2. Amend or modify staff recommendation.
BUDGET IMPACT
The agreements with Harris & Associates and HR & Associates will be funded by deposits made by project applicants.
CONCLUSION
It is recommended that the City Council Adopt Resolution No. 2022-09, A Resolution of the City Council of the City of Gonzales Establishing a Three-Year On-Call Consultant List for Planning Services, and Authorizing Execution of Non-Exclusive Agreements with Harris & Associates for an Amount not to Exceed $120,000 for Planning Support and Staff Augmentation Services and HR & Associates for an Amount not to Exceed $35,000 for Planning Support Including Preparation of LAFCO Applications for Proposed Annexations.
Attachments:
1. Resolution No. 2022-09
Packet Pg. 137
RESOLUTION NO. 2022-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES ESTABLISHING A
THREE-YEAR ON-CALL CONSULTANT LIST FOR PLANNING SERVICES AND
AUTHORIZING EXECUTION OF NON-EXCLUSIVE AGREEMENTS WITH HARRIS & ASSOCIATES FOR AN AMOUNT NOT TO EXCEED $120,000 FOR PLANNING SUPPORT
AND STAFF AUGMENTATION SERVICES AND HR & ASSOCIATES FOR AN AMOUNT NOT TO EXCEED $35,000 FOR PLANNING SUPPORT INCLUDING PREPARATION OF
LAFCO APPLICATIONS FOR PROPOSED ANNEXATIONS
WHEREAS, City staff determined it was appropriate to seek qualifications from consulting firms that provide planning services due to the number of current and expected land development projects in Gonzales; and
WHEREAS, Staff released a Request for Qualifications for Professional Planning Services on November 23, 2021 and received Statement of Qualifications from eight consulting firms by the December 16, 2021 deadline; and
WHEREAS, City staff reviewed the submitted SOQs and deemed them all responsive and recommends establishment of an On-Call Planning Consultant List for the next three years comprised of the following firms:
• Denise Duffy Associates
• Dudek Consulting
• EMC Planning
• Harris & Associates
• HR Associates
• Kimley-Horn
• LSA
• Rincon Consultants
WHEREAS, Staff recommends authorization of an agreement with Harris Associates for planning support and staff augmentation services for the next two years.
WHEREAS, Staff recommends authorization of an agreement with HR Associates for planning support including preparation of LAFCO applications for expected annexations.
NOW THEREFORE, BE IT HEREBY RESOLVED that the above On-Call Planning Consultant List is approved for the next three years; that the City Manager is authorized and directed to execute the appropriate agreement with Harris Associates for planning support and staff augmentation services over the next two years in the amount of $120,000 and that the City Manager is authorized and directed to execute the appropriate agreement with HR Associates for planning support over the next two years including preparing LAFCO applications for proposed annexations in the amount of $35,000.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 18th day of January 2022, by the following vote:
Packet Pg. 138 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.) AYES: COUNCILMEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_______________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
__________________________
Mary Villegas, Deputy City Clerk
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NON-EXCLUSIVE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF GONZALES
AND HARRIS & ASSOCIATES FOR VARIETY OF PLANNING SERVICES THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and Cannon Associates ("Consultant") (together sometimes referred to as the "Parties") as of January 18, 2022 (the "Effective Date").
Section 1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 30, 2023, 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.
Section 2. COMPENSATION. All work performed under this Agreement shall be authorized in advance and in writing by a specific Task Order prior to the commencement of services. Each Task Order shall describe the nature of the specific task or service to be performed by the Consultant, the estimated number of hours within which such task or service must be completed and the compensation for such task or service. Details shall include a description of the task or service which Consultant shall perform, the format and schedule for deliverables, the schedule of performance, and the schedule of compensation. Consultant shall not perform any task or service unless authorized by a fully executed Task Order. Consultant shall advise City staff in writing of any anticipated change in any task or service, fee or time schedule, and shall obtain City staff’s written consent to the change prior to making any changes.
The City will pay Consultant’s invoices under each authorized Task Order on an hourly not-to-exceed basis.
The hourly rates in Exhibit B apply to all Task Orders. 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 Packet Pg. 140 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.) Consulting Services Agreement between January 18, 2022
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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 invoices; 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;
For each work item under 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;
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 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.
2.3 <<Not Used>>
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 Packet Pg. 141 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.) Consulting Services Agreement between January 18, 2022
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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. Any reimbursable expenses are included in the authorized contract amount and shall be approved by city staff in advance.
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. 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.
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.
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4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
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.
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c. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
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.
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4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. 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:
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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.
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.
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7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's Failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
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 30 days' written notice to City and shall include in such notice the reasons for cancellation.
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In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the 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 include, 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
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8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (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 three (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 Packet Pg. 149 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.) Consulting Services Agreement between January 18, 2022
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state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
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.
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10.9 Contract Administration. This Agreement shall be administered by the City’s 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:
Kate Elliott (Giberson), Director
Harris & Associates
450 Lincoln Avenue, Suite 103
Salinas, CA 93901 .
Any written notice to City shall be sent to:
Rene Mendez, City Manager
City of Gonzales
P.O. Box 647
Gonzales, CA 93926
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 and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Rate 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.
10.14 Non-Responsibility for General Contractor Responsibilities and Duties. Unless otherwise agreed by City and Consultant in writing, nothing in Consultant's services shall Packet Pg. 151 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.) Consulting Services Agreement between January 18, 2022
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be construed to mean that Consultant assumes any of the contractual responsibilities or duties of the general contractor. The general contractor is solely responsible for construction means, methods, sequences and procedures used in the construction of a project and for related performance in accordance with its contract with the City. The general contractor shall not be relieved of its responsibility for the safety of the workplace or for the method or manner of construction. The Consultant and its personnel have no authority to exercise any control over or charge of acts or omissions of the general contractor or their employees in connection with the construction work.
The Parties have executed this Agreement as of the Effective Date.
CITY OF GONZALES HARRIS & ASSOCIATES
René L. Mendez, City Manager Kate Elliott (Giberson), Director, Environmental Planning & Compliance
Attest:
Mary Villegas, Deputy City Clerk
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EXHIBIT A
SCOPE OF SERVICES
.
Packet Pg. 153 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.) Harris & Associates, Inc.
450 Lincoln Avenue, Suite 103
Salinas, CA 93901
831.789.8670 WeAreHarris.com
Cover Letter C
December 16, 2021
Patrick Dobbins, Public Works
Director/City Engineer
City of Gonzales
PO Box 647
147 Fourth Street
Gonzales, CA 93926
Request for Qualifications for Professional Planning Services Dear Mr. Dobbins:
Harris & Associates (Harris) appreciates and is excited for the opportunity to assist the City of Gonzales (City) with planning projects and environmental review support. The Harris team, including our local teaming partners, is comprised of professionals and specialists with 15-35 years of relevant planning, permitting, and environmental review experience. Our teaming partners include Albion Environmental for cultural resources, EcoSystems West Consulting Group for biological resources and permitting, and Fehr & Peers for transportation.
Local Firm Qualifications. The majority of work will be performed by the identified key staff who are based in our Salinas office and who have extensive experience with planning support services (staff augmentation), CEQA documentation (categorical exemptions, IS/MNDs, and EIRs), and regulatory compliance (permitting).
Relevant Planning Experience. Our Project Manager/Senior Planner David Mack, AICP, can hit the ground running and provide planning support services seamlessly and efficiently. David and the Harris team are currently providing planning support services to the City of San Juan Bautista, City of Pacific Grove, County of Monterey, and County of Humboldt, which includes processing development and permit applications, preparing staff reports, and presenting at public meetings. We can also assist with preparing and updating general plans, specific plans, and local coastal plans, as our team has experience doing this for the County of Monterey Resource Management Agency (RMA) Planning Department, City of Marina, City of Pacific Grove, and City of San Juan Bautista.
CEQA/NEPA and Technical Expertise. Our in-house team also has extensive experience managing, preparing, and providing third party review for environmental compliance documents, including CEQA/ NEPA documents and supporting technical studies. Our in-house expertise includes air quality, archaeology, biology, geology, greenhouse gas (GHG), hydrology, noise, and water quality. Our team’s permitting specialists have strong working relationships with regulatory agency staff and demonstrated success obtaining required project permits.
Legally Defensible, High Quality Documents. We take great pride in providing well-written, legally defensible documents. Our staff reports are written to be thorough yet concise, with well written summaries, identification of major issues, and detailed findings and evidence within the resolution(s), including consistency with Land Use Plans, Area Plans, and the General Plans. Our environmental documents are comprehensive, meet regulatory requirements, and are based on sound science and substantial evidence—yet written to be easily understood by the general public. The Harris team has worked on many controversial projects, some of which have been subject to and withstood legal challenges.
With a local office located in Salinas, not only will our close proximity assist us in performing the necessary work for the project, but we have a vested interest in having projects in our neighborhood succeed. We look forward to continuing and growing our relationship with the City.
Sincerely,
Harris & Associates, Inc.
Kate Elliott (Giberson)
Director, Environmental Planning & Compliance
831.419.6800
[email protected]
David Mack, AICP (Contact Person)
Project Manager
831.320.0413
[email protected]
STAFF PERSON WE
SHOULD CONTACT
REGARDING THE
PROVIDED SOQ:
David Mack, AICP
TYPE OF
ORGANIZATION:
S Corporation
NUMBER OF YEARS
THE FIRM HAS
PERFORMED RELATED
PROFESSIONAL
SERVICES:
More than 5 years providing
Environmental Services
CONFLICTS OF
INTEREST:
Harris is not aware of any conflicts
of interest
CONTRACT
Harris has carefully
reviewed the City’s standard
Professional Service
Agreement. We do not
anticipate an issue with signing
an agreement. However, based
on our Risk Manager’s review
and recommendations, we
would like the opportunity to
discuss minor adjustments that
benefit both parties included
in the separate envelope
transmitting the Consultant
Rate Schedule.
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1. Harris’ Qualifications for this RFQ
Led by Kate Elliott (Giberson) the Harris Environmental Planning & Compliance team has significant experience with providing planning support/staff augmentation and preparing CEQA/NEPA documentation for municipal agencies.
Harris staff with municipal planning experience include: David Mack, AICP, Joseph Sidor, Alec Barton, AICP, Darin Neufeld, AICP, Cecilia Kim, PhD, and Kristin Blackson, PMP. The Harris team has provided contract planning/augmentation services for community planning, project planning, climate adaptation planning, hazard mitigation planning, public outreach and engagement, permit review and processing, regional general permits.
The Harris team possesses the capabilities to process and guide small and large-scale planning projects through the planning permit process, beginning with application review, through staff report preparation, and culminating in successful public hearing presentations to a variety of decision-making bodies (Zoning Administrator, Planning Commission, City Council/Board of Supervisors). Staff members provide technical support to existing municipal staff and integrate seamlessly into the overall team. The Harris team has assisted various municipal agencies including:
• City of Watsonville
• City of Salinas
• City of Marina
• City of Pacific Grove
• City of San Juan Bautista
• City of Escondido
• City of Vista
• County of San Diego
• County of Humboldt
• County of Monterey
Harris prepares CEQA/NEPA documents for a wide variety of development and infrastructure projects, including complex and controversial EIRs, initial studies/ mitigated negative declarations, and categorical exemptions with supporting documentation for infill, roadway, and infrastructure projects.
TECHNICAL APPROACH
“They (Harris staff) are
knowledgeable and feel at home
in our region. They understand the
relationship between Monterey
County, San Benito County, and the
cities in each. They are more than
willing to meet the stakeholders and
players where they plan to develop.”
— Don Reynolds, City Manager,
City of San Juan Bautista
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Harris’ Environmental Planning & Compliance team has extensive experience providing planning support services and preparing technical analyses and CEQA documents in compliance with applicable laws, ordinances, rules and regulations. Below is a matrix providing a partial list of our experience on a variety of projects.
PROJECT
Applications, Conditional Use Permits, Special Permits, and/or AppealsEnvironmental Review Process ManagementStaff Reports and PresentationsCEQA Evaluation, Determination, and DocumentationTechnical Studies: Air Quality/GHG, Bio Res, Cultural Res, NoisePublic Hearing PresentationsMonterey County Experience Planning Support Services
City of Marina, Community Development Department Projects* City of San Juan Bautista, Planning Support Services/Staff Augmentation County of Monterey, Resource Management Agency, Planning Department Projects County of Humboldt, Planning Support Services/Staff Augmentation Environmental Documentation, Technical Studies, and Permitting City of Gonzales, Gloria-Iverson Categorical Exemption City of Gonzales, Wind Turbine Project*
City of Pacific Grove, Pacific Grove Monarch Butterfly Sanctuary IS/MND City of Salinas, NEPA Support Services for HUD Projects City of Salinas, Salinas Creeks Restoration Programmatic Permit City of Salinas, Williams Road Improvement Project CEQA Documentation City of Santa Cruz, Graham Hill Water Treatment Plant Replacement IS/MND City of Santa Cruz, San Lorenzo River Parkway IS/MND City of Seaside, CEQA Support for Fort Ord Demolition City of Santee, Fanita Ranch Development EIR
City of Solana Beach, Solana 101 Mixed Use Project EIR City of Soledad, Intersection Improvements PES
City of Soledad, Regional Recharge Project IS/ND
City of Watsonville, Climate Action Plan and IS/ND City of Watsonville, Environmental Justice Element
City of Watsonville, Lee Road Trail IS/MND and Permitting City of Watsonville, Mountain Propane Expansion Technical Studies City of Watsonville, Roache Road Well Project IS/MND County of Monterey, CEQA Documentation and Permitting for Roadway and Infrastructure Projects: Carmel Valley Road, River Road, Lake San Antonio Water System, Tassajara Culvert County of Monterey, Las Lomas Bicycle and Pedestrian Project CEQA Documentation and Permitting
County of Monterey, Palo Colorado Road Culvert and Slope Repair Categorical Exemption, Permitting, Mitigation Plan, and Monitoring
County of Monterey, Paraiso Resort Final EIR (Traffic Comments)** County of Monterey, Pebble Beach Inclusionary Housing EIR and Pebble Beach Company Preservation & Development EIR*
County of Santa Cruz, Freedom Sewer Rehabilitation Project IS/MND Santa Cruz County Regional Transportation Commission, North Coast Rail Trail EIR
Transportation Agency of Monterey County, Fort Ord Regional Trail and Greenway EIR *The planning support services provided for the City of Marina were managed by David Mack, AICP, and Alec Barton, AICP, prior to joining Harris, and for the County of Monterey were managed by Joseph Sidor prior to joining Harris. **CEQA/NEPA environmental documents for the County of Monterey were managed by Kate Elliott (Giberson) prior to joining Harris.
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2. Services Harris can Provide
to the City
COMMUNITY PLANNING (GENERAL PLANS,
SPECIFIC PLANS, MASTER PLANS, LONG RANGE
DEVELOPMENT PLANS)
Our purpose at Harris is “Building equitable, resilient, and sustainable communities”. This is embodied in our passion for developing community plans the right way: not just to comply with regulations but to truly improve lives. Harris’ approach involves a comprehensive outreach program to gather input from stakeholders and the community to build consensus and develop a shared vision. We start by understanding each community’s unique history, then conduct an assessment of its current and future needs with a focus on sustainability and resilience.
The Harris team has experience preparing a variety of community plans, including general plans, specific plans, master plans and long-range development plans. We work in partnership with our clients to achieve our shared goals to enhance our communities.
Once the plans are approved, we help our clients apply for and utilize grant funding to implement their projects and realize their planning goals. We work in partnership with our clients and stakeholders, helping communities bring their plans to life while supporting environmental stewardship and sustainable, long-term growth.
Our community planning group continues to grow with our recent new hire Cecilia Kim, PhD, who is a senior planner with extensive experience in urban planning and design and expertise in land use, development regulations, sustainability policies, and community engagement.
CLIMATE, RISK, AND RESILIENCE
Harris works with clients to align goals, objectives, and policies throughout different planning documents to verify a coordinated and systematic approach to managing climate risk and promoting resilience. Specifically, we offer our clients the ability to understand how climate change manifests in a local context and how best to incorporate climate resiliency principles consistently into climate action and adaptation plans, hazard mitigation plans, general plans, master plans, strategic plans, resilient infrastructure designs, and sea-level rise assessments.
Members of our team recently assisted the City of Watsonville with preparing a Climate Action and Adaptation Plan and Local Hazard Mitigation Plan, as well as a General Plan Safety Element Update and Environmental Justice Element.
The Harris team uses advanced geospatial and statistical methods to help clients assess the resulting potential impacts on people, community-serving facilities, and natural systems. These analyses support the development and prioritization of resiliency strategies rooted in social equity. Harris recently assisted the City of Watsonville with its Climate Action and Adaptation Plan that strives for net zero emissions.
The Harris team also provides a systematic approach for evaluating trade-offs between service, cost, and risk of climate impacts throughout a project’s life cycle. Expert knowledge of the operational variability of critical infrastructure when exposed to short term shocks or long term environmental conditions is integral to fully understanding the vulnerability of our client’s assets. A comprehensive understanding of capital improvement and master planning process is critical to developing, financing and implementing comprehensive strategies within a timeframe designed to mitigate impacts on community assets.
Lastly, the Harris team provides resources for navigating and complying with existing and future climate change laws, policies, rules, and regulations. We bring a full team of urban planning specialists, environmental compliance and permitting experts, and engineers who understand the requirements at the project and programmatic level.
ORDINANCE DEVELOPMENT AND ZONING
Harris also has the expertise to assist lead agencies in developing ordinances and associated zoning codes to allow communities to grow in an organized, flexible and sustainable way. Harris’ approach involves a concentrated understanding of the general plans, specific plans, and master plans a lead agency is executing through more detailed regulations applied by ordinances and zoning. The Harris team has experience preparing a variety of ordinances from those planning focused (such as the Del Monte Forest LCP Amendment) to a more technically focused (such as the County of Monterey’s Small Scale and Large Scale Wind Turbines Ordinance). In all cases, we work in partnership with our clients to achieve our shared goals to enhance local communities.
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3. How Harris will Deliver
these Services
PROJECT TEAM
PROJECT MANAGER EXPERIENCE, AVAILABILITY AND
RESPONSIVENESS
Harris understands that a high quality project manager is essential to the success of a project, and we hand-selected our managers from the planning/environmental field to provide clients with the highest caliber service. For this project, we have identified David Mack, AICP, as the Project Manager. David has more than 14 years of experience providing planning and environmental services to public agencies in Monterey and San Benito Counties on a wide variety of projects. As the single point of contact, David will provide a handson approach to managing the contract and completing individual task orders. This provides for consistency, continuity, and efficient use of resources when working on multiple tasks.
TECHNICAL TEAM DIVERSITY AND DEPTH
The second step in developing the best project team is to identify staff and subconsultants necessary to provide the depth and breadth of technical expertise needed to provide a timely response to any number of services requested under the Professional Service Agreement. This often includes a combination of in-house staff and subconsultants.
Harris’ in-house environmental services staff have decades of combined experience in California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance, with expertise in project management, impact assessment, and technical writing. We prepare all levels of documentation for all types of projects, from categorical exemptions for infill and infrastructure projects, to initial studies/negative declarations to low impact projects, to environmental impact reports for complex and controversial projects.
We identify concerns and issues early in the process, strategize with the lead agency and our in-house CEQA attorney, and coordinate with responsible agencies and stakeholders as appropriate to determine the best approach for preparing a defensible document and minimizing the risk of legal challenge.
Our in-house technical expertise includes greenhouse gas emissions/ climate change/adaptation reports, air quality studies, biological resources studies, noise reports, hydrologic modeling, water quality assessments, public facilities financing, grant writing, local hazard mitigation plans, water and wastewater system assessments, and mitigation development and implementation, .
To provide flexibility and access to additional resources, our teaming partners include Albion Environmental for cultural resources, EcoSystems West for biological resources and permitting, and Fehr & Peers for transportation.
Our Project Manager will facilitate the project team to function as one cohesive unit, regardless of whether the staff are in-house or with a subconsultant firm, primarily through effective communication and quality assurance as described on the next page.
TASK ORDERS
We understand that task orders issued under this contract may include, but not be limited to, preparation of environmental documentation for ordinance updates and code changes, general plan and community plan updates, focused plan amendments, park plans, climate adaptation and resiliency plans, historic district formation, and implementation of statewide legislation. Services may include preparation of preliminary environmental constraints analyses, grant applications, public facilities financing plans, CEQA and NEPA compliant technical studies and environmental impact evaluation, technical and professional support (public outreach, resource agency permitting, and inter-jurisdictional coordination/ review, etc.).
Initiation
For each task order, our Project Manager will:
• Coordinate with the City to gather a thorough understanding of the project
• Identify task leads and key staff from our project team based on subject matter expertise and experience
• Develop a detailed and tailored scope of work, cost estimate, and schedule with input from the technical experts based on available information, our experience, and coordination with the City • Review scope and schedule with CEQA Advisor/EPC Director to allocate appropriate firm resources
• Review cost estimate for accuracy in rates and formulas • Once the task order has been approved, key staff will meet with the City to formally kick-off the task order. All studies and project deliverables will be prepared in accordance with applicable regulatory requirements and guidelines.
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Communication
Communication is the project manager’s primary role, as the success of any project is dependent upon frequent and effective communication. Harris’ guiding principles include the following:
• The Project Manager serves as the primary point of contact for the client to increase responsiveness and minimize confusion. • Regular/ongoing communication with the City’s project management staff is necessary to discuss the project status, emerging issues, schedule milestones, and other relevant information to avoid surprises and find the best solutions as early as possible.
• Regular communication with the project team is essential to keeping them informed and engaged. Our Project Manager will send out regular email updates and hold open discussion sessions to disseminate information and receive team feedback.
• We will actively manage the administrative record, including the transfer of project-related information via email. Our team will adhere to the established communication protocol.
• We will prepare and distribute action item lists to summarize items discussed at meetings and during phone calls for
everyone’s alignment, understanding and agreement on decisions and actions.
• Use Microsoft Outlook to schedule meetings and conference calls with the City’s project management staff and with the project team.
• To transmit large document files and share information amongst the team, Harris will set up a project-specific Dropbox file or utilize a different file transfer system (e.g., ftp site) if it’s the City’s preference.
Compliance with Statewide Legislation
Our state lawmakers stay hard at work developing legislation to improve and streamline CEQA, as well as guide local and statewide planning efforts for the good of the public. This keeps agencies on their toes trying to keep up with current requirements and achieve compliance. The Harris team is uniquely qualified to help the City maintain compliance with statewide legislation. Our team includes William (Bill) Halligan, CEQA attorney, and Kristin Blackson, and both are on the Association of Environmental Professionals Legislative Committee and closely connected with upcoming legislative bills that could affect the CEQA and planning processes.
Managing Subconsultants
Harris reviews the work of all of our subconsultants before submitting reports to clients to verify that all project deliverables are consistent and accurately reflect project components. Harris has in-house technical specialists who can peer review subconsultant work to confirm that methodologies and analyses are accurate and completed using the most current industry standards. Further, Harris uses similar communication methods, scheduling, and budget control measures as described in this section when managing our subconsultants.
Regular communication and clear direction on scope of work details, schedules, and budgets are essential to a successful relationship between Harris and our subconsultants.
Administrative Record
Maintaining a complete administrative record throughout a project or task lifecycle is important for producing a transparent process and preparing legally defensible documents. We will actively manage the team communication aspect of the administrative record (ie: email) to minimize discussion of preliminary approach, impacts, and mitigation measures for sensitive issues until final decisions have been made.
The administrative record may include background documents and studies, database searches, photos and site visit notes, resource agency input, and information obtained during meetings and conference calls. Harris will track and catalogue the administrative record during preparation of draft and final analyses and documents. All references cited in the document will be provided as electronic files prior to public release of the document.
Public Outreach
Harris understands that communicating with the public in a timely and thoughtful manner is an important responsibility of the City. We pride ourselves in preparing scientific technical documents that can be easily understood by the general public and help communicate findings at public meetings. Sometimes, particularly for planning or controversial projects, additional outreach beyond CEQA requirements is prudent.
Our planners, including Cecilia Kim, have experience with public outreach for urban planning, long range planning, and the CEQA process. When needed, the Harris team will formulate a strategy/ logistics plan to provide the public with comprehensive project information, a unified message, and participation opportunities to meet all CEQA requirements. We will synchronize the outreach program with the CEQA process to be meaningfully informed and shaped by the community’s input. The strategy plan will explore community values and forecast potential concerns, identify stakeholders, and determine the best ways/methods to engage them, including accommodations for special needs such as language and accessibility.
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Beyond CEQA-required notices and hearings, outreach techniques including eBlasts, social media alerts, website pages, information lines, regularly scheduled meetings (community wide and one-onone), pop-up tents at local gathering places or festivals, and rotating presentations with key stakeholder groups can be used during the CEQA process and maintained through plan implementation to establish communication continuity and strengthen City relationships with its stakeholders and the community.
Innovative Software
Harris uses several innovative software tools for schedule and budget management, reporting, and document sharing.
BUDGET MANAGEMENT
Harris uses VantagePoint, a Deltek-based financial system that tracks and provides daily, weekly, and monthly labor summaries, which are shown by job and task. Project managers can readily access information on the individuals who have charged to the task, the number of hours they have charged, the total dollar value of the labor charged against the task, and the remaining budget available. Monthly summaries, which provide labor and non-labor charges by task for each billing period, are the basis of preparing monthly invoices.
OFFICE 365
Harris subscribes to Microsoft Office 365, a cloud-based platform for using Office applications, such as Word and Excel. Office 365 files are saved online where users can access them from anywhere with an internet connection and see edits made by colleagues in real time.
This enables multiple staff to review and edit a document without compromising completed work or risking version control issues.
Harris environmental staff regularly use this program to efficiently prepare and revise CEQA/NEPA documents.
DROPBOX
Harris subscribes to Dropbox Business, a secure, cloud-based file sharing service. Through Dropbox Business, Harris staff can share files and documents with subconsultants, the City, and internal colleagues. Harris will set up a project-specific Dropbox folder for each project to transmit large files and share information amongst the team.
SCHEDULE
The Project Manager will be responsible for assuring overall adherence to the project schedule. To accomplish this, internal milestones and deadlines for deliverables will be established for each task order with emphasis on maintaining the integrity of the critical path for achieving the specified project completion date.
On a regular basis, the Project Manager will compare actual progress and milestone achievements to the project schedule, . Significant deviations or problems in meeting the schedule will be identified, and any necessary corrections or modifications will be made. All actual or potential conflicts with other project requirements will be resolved through discussions with the professional staff.
Area proposed for future residential
development/expansion
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QUALIFICATIONS AND
MANAGEMENT
1. Project Team
The team identified to support the City is shown on the organization chart on the following page. The number of staff to complete each project may vary based on the specific project needs. Harris has a 25+ person Environmental Planning + Compliance team to draw talent from on any given project. Harris utilizes a three month look-ahead staffing process to determine availability for well-matched staff to be placed on projects. “Harris has provided staff support
services and environmental
consulting to Humboldt County
to address a high volume of
cannabis applications. Harris
has effectively adapted to the
Humboldt County process and
style providing professional and
high quality work. This has been
particularly evident in presenting
projects to the Humboldt County
Planning Commission and Zoning
Administrator where Harris has
demonstrated they understand
the projects they are presenting.”
—John Ford, Director of Planning and
Building, County of Humboldt
With team members based out of our Salinas office, our team members will be able to easily travel to the City.
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ORGANIZATIONAL CHART
City of Gonzales
Planning Support Services
Planners
David Mack, AICP 🔑
Joseph Sidor 🔑
Alec Barton, AICP 🔑
Cecilia Kim, PhD
Darin Neufeld, AICP
CEQA/NEPA Documentation, Technical Studies, Permitting
CEQA/NEPA Project Managers
Joseph Sidor
David Mack, AICP
Kristin Blackson, PMP
Kate Elliott (Giberson)
CEQA Attorney
William Halligan, Esq.
Air Quality/Greenhouse Gas/
Noise
Sharon Toland
Kelsey Hawkins
Biological Resources/
Permitting
Erin McGinty (E)
Justin Davilla (E)
Cultural Resources
Doug Ross, PhD, RPA (A)
Sarah Nicchitta (A)
Geology/Soils/Hydrology/
Water Quality
Sarah Faraola
Transportation
Daniel Rubins, PE (F)
Other Topics
Alec Barton, AICP
Yliana Ortega
Kelsey Hawkins
Project Manager/Senior Planner/
Point of Contact
David Mack, AICP 🔑
Project Director/
Team Supervisor
Kate Elliott (Giberson) 🔑
Key Personnel
(F) Fehr & Peers
(A) Albion Environmental
(E) EcoSystems West Consulting Group
Planning Documents
General Plans/Specific Plans/
Community Plans
Cecilia Kim, PhD
Joseph Sidor
David Mack, AICP
Climate Action and
Adaptation Plans
Darin Neufeld, ACIP
Sharon Toland
Housing Element/
Environmental Justice
Elements
Hitta Mosesman
Irlanda Martinez
This organization chart identifies the
project team that have extensive experience
with planning support services, CEQA
documentation, and regulatory compliance.
Our key staff are based in our Salinas
office. Qualifications and relevant project
experience are summarized for all staff in
their resumes located in the appendix of
this proposal.
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ing Services Agreement between December6,2021
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EXHIBIT B
RATE SCHEDULE
Packet Pg. 163 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.)
STANDARD HOURLY BILLING RATES
FOR ENVIRONMENTAL PLANNING + COMPLIANCE STAFF
CITY OF GONZALES
ON-CALL PLANNING SUPPORT
Effective January 1 - December 31, 2022
Staff Title Hourly Billing Rate
Project Directors
Bill Halligan Senior Director/Environmental Counsel $300/$350 Kate Giberson Director/Senior PM $280
Project Managers
David Mack PM/Senior Planner $190
Emily Mastrelli PM/Senior Biologist $155
Joe Sidor PM/Planner III $165
Sharon Toland PM/Air Quality, GHG, Noise Specialist $185 Project Analysts
Alec Barton Planner/Environmental Analyst $130
Sarah Faraola Geologist/Environmental Analyst $110
Kelsey Hawkins Environmental Analyst $120
Katie Laybourn Biologist/Environmental Analyst $130
Yliana Ortega Environmental Analyst $130
Technical and Administrative Support
Randy Deodat GIS Specialist $150
Lindsey Messner Publications Specialist/Technical Editor $140 Packet Pg. 164 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.) EP+C SERVICES HOURLY RATE
Project Directors $220-300
Project Managers $160-225
Project Analysts $90-185
Technical Support $75-160
Administrative Support $60-135
Notes:
Rates are subject to adjustment due to promotions during the effective period of this schedule.
A new rate schedule will become effective January 1st of every year.
Unless otherwise indicated in the cost proposal or noted below, hourly rates include most direct costs such as travel, equipment, computers, communications and reproduction (except reports and large quantities).
When applicable, the following charges will be added to projects:
Production
o Black & white printing $0.02/page (8.5x11) and $0.03/page (11x17) o Color printing will be $0.06/page (8.5x11) and $0.08/page (11x17) Data-Gathering Tools
o Harris Drone, GPS Unit, Noise Monitor – $100/day or add $10/hr to billing rate Vehicles and Mileage
o Harris Vehicle – $50/day
o Mileage will be charged at the current IRS rate of $0.560/mile All subconsultant charges and other direct costs are subject to a 10% markup.
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NON-EXCLUSIVE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF GONZALES
AND HR & ASSOCIATES FOR VARIETY OF PLANNING SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and HR & Associates ("Consultant") (together sometimes referred to as the "Parties") as of January 18, 2022 (the "Effective Date").
Section 1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 30, 2023, 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.
Section 2. COMPENSATION. All work performed under this Agreement shall be authorized in advance and in writing by a specific Task Order prior to the commencement of services. Each Task Order shall describe the nature of the specific task or service to be performed by the Consultant, the estimated number of hours within which such task or service must be completed and the compensation for such task or service. Details shall include a description of the task or service which Consultant shall perform, the format and schedule for deliverables, the schedule of performance, and the schedule of compensation. Consultant shall not perform any task or service unless authorized by a fully executed Task Order. Consultant shall advise City staff in writing of any anticipated change in any task or service, fee or time schedule, and shall obtain City staff’s written consent to the change prior to making any changes.
The City will pay Consultant’s invoices under each authorized Task Order on an hourly not-to-exceed basis.
The hourly rates in Exhibit B apply to all Task Orders. 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 Packet Pg. 166 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.) Consulting Services Agreement between January 18, 2022
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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 invoices; 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;
For each work item under 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;
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 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.
2.3 <<Not Used>>
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 Packet Pg. 167 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.) Consulting Services Agreement between January 18, 2022
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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 A.
2.6 Reimbursable Expenses. Any reimbursable expenses are included in the authorized contract amount and shall be approved by city staff in advance.
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. 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.
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.
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4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
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.
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c. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
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.
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4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. 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:
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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.
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.
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7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's Failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
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 30 days' written notice to City and shall include in such notice the reasons for cancellation.
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In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the 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 include, 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
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8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (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 three (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 Packet Pg. 175 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.) Consulting Services Agreement between January 18, 2022
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state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
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.
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10.9 Contract Administration. This Agreement shall be administered by the City’s 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:
Rob Mullane, Principal
HR & Associates
829 10th Street, Suite A
Paso Robles, CA 93446
.
Any written notice to City shall be sent to:
Rene Mendez, City Manager
City of Gonzales
P.O. Box 647
Gonzales, CA 93926
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 and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
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.
10.14 Non-Responsibility for General Contractor Responsibilities and Duties. Unless otherwise agreed by City and Consultant in writing, nothing in Consultant's services shall be construed to mean that Consultant assumes any of the contractual responsibilities or Packet Pg. 177 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.) Consulting Services Agreement between January 18, 2022
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duties of the general contractor. The general contractor is solely responsible for construction means, methods, sequences and procedures used in the construction of a project and for related performance in accordance with its contract with the City. The general contractor shall not be relieved of its responsibility for the safety of the workplace or for the method or manner of construction. The Consultant and its personnel have no authority to exercise any control over or charge of acts or omissions of the general contractor or their employees in connection with the construction work.
The Parties have executed this Agreement as of the Effective Date.
CITY OF GONZALES HR ASSOCIATES
René L. Mendez, City Manager Rob Mullane, Principal
Attest:
Mary Villegas, Deputy City Clerk
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EXHIBIT A
SCOPE OF SERVICES
.
Packet Pg. 179 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.) Phone: 805.350.3282
hrandassociates.org
HR & Associates
829 10th Street, Suite 101
Paso Robles, CA 93446
January 6, 2022
HR & Assoc. Project Numbers: 2022-01 and 2022-02
René Mendez, City Manager
City of Gonzales
P.O. Box 647
Gonzales, CA 93926 via email: [email protected] [email protected]
Re: Proposal for On-Call Planning Services for Vista Lucia and Puente del Monte Annexation Applications
Dear Mr. Mendez:
Enclosed herein is HR & Associates’ proposal for on-call planning services to assist with the preparation of the Vista Lucia Annexation Application and Puente del Monte Annexation Application on behalf of the City of Gonzales. The annexation requests may be considered concurrently as a single annexation application to the Monterey County Local Agency Formation Commission (LAFCO). Alternatively, depending on if the timelines need to be separated, two separate applications may need to be submitted.
For the purposes of this proposal, it is assumed that two separate annexation applications will need to be prepared, although should they be consolidated into a single application, the scope of work may be slightly less with an associated, slightly lower expense.
Background and Understanding of the Assignment
The City has requested assistance in compiling the necessary LAFCO application packet materials for the Vista Lucia Annexation and Puente del Monte Annexation for submittal to LAFCO. An administrative draft Specific Plan has been prepared for both developments, and work has commenced on each project’s Supplemental Environmental Impact Report (SEIR). The City continues to work with both developers and their consultant teams to ready draft Specific Plans and draft SEIRs for public review.
The City wishes to have the annexation application packets as complete as possible by the time that the project approvals and SEIRs are acted upon by the City Council, so Packet Pg. 180 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.) City of Gonzales
On-Call Planning Services for Annexation Applications
2 that the annexation application can be submitted as soon as possible after certification of the SEIRs. The both annexation areas are already within the City’s Sphere of Influence, and as such, the City may proceed with the annexation applications, once the SEIRs are certified, and City approvals and authorizations are in place.
Scope of Work
1. Preparation of Annexation Application Packets
The primary task would be to prepare the annexation application packets and submit these to City Staff for review and then to LAFCO. HR & Associates staff (hereafter, planning consultant) will complete the LAFCO annexation application forms and gather supporting materials identified in the LAFCO Application Checklist. Components of the annexation application checklist include:
1. City Council Resolution of Application to LAFCO
2. Cover Letter/Written Request for LAFCO Action
3. Application Form
4. Plan for Providing Services including capacity of existing systems and financing for any needed improvements
5. Analysis of City-Related LAFCO Policies and conformity with the 2014 Memorandum of Agreement between the City of Gonzales and the County of Monterey
6. Annexation Map and Legal Description
7. Environmental Clearance Documentation
8. City-County Property Tax Transfer Agreement adopted by both the City Council and the County Board of Supervisors
9. Ordinance Designating Pre-Zoning of Affected Property
10.Form Consenting to Inclusion of Property (this is an optional application item and would be presented to the property owners within the annexation area)
11.Additional / Proposal-Specific Documents including
• A description of all steps being proposed (e.g. offsite conservation easements) to offset the proposal’s impacts on agricultural land as well as agricultural buffers that are being proposed
• A discussion as to the likely commencement of construction for lands within the proposal area (typically this should be five years or less)
12.LAFCO Processing and Filing Fees:
• A check made out to LAFCO for processing of the application Packet Pg. 181 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.) City of Gonzales
On-Call Planning Services for Annexation Applications
3 • State Department of Fish and Game environmental review fee (unless verification can be provided that this fee has already been paid). • State Board of Equalization filing fee (prior to recordation requirement) Planning consultant will be responsible for compiling the annexation applications and coordinating with the City Manager, Assistant City Manager, Public Works Director and other City staff as warranted.
As warranted, planning consultant will work with the appropriate specialists on the respective development teams such as a licensed land surveyor and title company for technical materials needed for the annexation application packet. This includes a map of the annexation area that conforms to the State Board of Equalization requirements as outlined in the State Board’s “Change of Jurisdictional Boundary: Requirements for Statements, Geographic Descriptions, Maps and Fees.” This may also include civil engineering conceptual plans or drawings depicting the planned infrastructure improvements.
Anticipated Level of Effort: 152 staff hours (for work on both annexations) Anticipated Cost: $26,600.00
2. On-call services for Actions Required prior to Filing Annexation Applications Planning Consultant will assist with the processing of the various City and County approvals and agreements that are required for the Annexation Application. This would include preparing and presenting the staff report materials for the Planning Commission and City Council Resolution authorizing staff to submit the annexation application to LAFCO, the Planning Commission and City Council staff reports for the Pre-Zoning Ordinance, and assistance with the staff report and City Council Resolution for the tax sharing agreement. Planning consultant would also be available to work with County staff to ensure that the County’s tax sharing agreement resolution is completed and heard in a timely manner.
Anticipated Level of Effort: 36 staff hours
Anticipated Cost: $6,300.00
3. Meetings and Project Management
Planning consultant will maintain, and update as necessary, an overall project schedule.
The initial draft of this schedule will be developed within four weeks of task order or contract execution and project initiation.
Planning consultant will organize and coordinate a monthly project status meeting for each (or both) annexation projects. This meeting will be with City staff to provide an update on progress made on the annexation application, identify new issues, information needs, and concerns. As needed, members of each developer’s project Packet Pg. 182 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.) City of Gonzales
On-Call Planning Services for Annexation Applications
4 team and the SEIR project manager will be invited to participate. Planning consultant will prepare and circulate the meeting agenda at least two working days before each meeting. Planning consultant will be responsible for compiling meeting notes, which will highlight identified action items, responsible person, and required timing. These meetings may be in person, or they may be conducted by telephone, Zoom or Teams virtual internet platforms, or a similar video meeting platform.
Consultant will report to the City Manager or his designee. Typically, this would be at least once every week or once every two weeks via phone or in person to resolve any issues or questions and to keep the City informed of the progress on all task components. Invoices will be prepared monthly and include a cover letter noting key tasks fielding over the billing period and any issues requiring resolution.
Anticipated Level of Effort: included within Scope of Work Items 1 and 2, above Anticipated Cost: no additional cost
Deliverables
All deliverables will be sent to the City electronically via email, except for the original and three copies of the Final Annexation Application packet. Deliverables include the following:
1. Draft Annexation Application packets including all required background materials
2. Final Annexation Application packets
3. Draft and Final Planning Commission and City Council staff reports
4. Draft (if desired) and Final PowerPoint presentations for Planning Commission and City Council
Anticipated Duration of the Project
The anticipated duration of the project will be refined after initiation of work and initial meetings with City staff; however, it is assumed that the duration of the assignment will be approximately four to six months.
Optional Tasks
Optional Task #1: LAFCO Assistance
Consultant will coordinate with LAFCO staff to schedule a pre-application meeting involving LAFCO staff, Consultant, City staff, County Planning staff, members of the Pembrook and Jackson Family Vineyards Development Teams, and one or more representatives of the annexation area property owners to provide an overview of the Vista Lucia and Puente del Monte projects, go over LAFCO’s annexation application requirements, and receive any preliminary comments from LAFCO and County staff.
Consultant will record the action items identified in the pre-application meeting and Packet Pg. 183 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.) City of Gonzales
On-Call Planning Services for Annexation Applications
5 distribute that to the attendees.
Consultant will also be responsible for coordinating with City staff, development team members, and/or property owner representatives regarding the necessary application fees, representing the City at meetings with LAFCO, Monterey County, and if applicable, the local land trust, as well as serving as a liaison with LAFCO staff throughout the process.
Anticipated Level of Effort: 20 staff hours.
Anticipated Cost: $3,500.00
Optional Task #2: LAFCO Hearing Support
Consultant will attend LAFCO hearings to address any questions from the LAFCO Board. This scope assumes attendance at up to two such public hearings and coordination with LAFCO staff regarding issues raised in the LAFCO staff report. If desired by the City, Consultant can prepare comments and/or a presentation to the LAFCO Board in support of the application.
Anticipated Level of Effort: 14 staff hours
Anticipated Cost: $2,450.00
Optional Task #3: Post-LAFCO Approval Project Management If desired by the City, Consultant will assist with the clearance of prior to recordation conditions imposed by LAFCO as part of any approved annexation. This would include coordinating the finalization of any required agricultural buffer easements, facilitating the resolution of any agricultural lands mitigation requirements, and following-up with LAFCO staff to ensure that the annexation is moving smoothly towards recordation of the certificate of completion.
Anticipated Level of Effort: 24 staff hours
Anticipated Cost: $4,200.00
Staffing and Qualifications
All components of this assignment will be completed by Mr. Rob Mullane, AICP, Principal of HR & Associates. Mr. Mullane has 25 years of planning and municipal services experience as well as extensive project management experience. He has worked in a variety of municipalities as a staff planner, Community Development Director, and as a planning consultant. This prior experience includes several jurisdictions in Monterey County. Mr. Mullane has been assisting the City of Greenfield with processing planning applications as well as long-range planning assignments for the last two and a half years. This included processing on behalf of Greenfield an Packet Pg. 184 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.) City of Gonzales
On-Call Planning Services for Annexation Applications
6 annexation application for the Mira Monte Annexation Area and Vesting Tentative Map.
Mr. Mullane’s resume is attached, and references are available upon request.
Cost and Assumptions
Mr. Mullane will provide the on-call planning services identified in Scope of Work Items 1 through 3 for a not-to-exceed cost of $32,900.00. Invoices will be submitted monthly and will be due 30 days from submittal. For this assignment, no mileage costs will be charged; however, travel time to attend project-related meetings will be billed to the project. Mr. Mullane’s billing rate for this assignment is $175 per hour, assuming that the assignment does not extend into 2023, as billing rates are reviewed and adjusted annually.
Budget for any incidental direct costs will not be billed to the project. The cost and timeframe assume steady progress on deliverables for the Revised Draft Specific Plans and SEIRs for each development, and that the City’s CEQA consultant, or City staff, is responsible for filing the associated Notice of Determination. The cost also assumes that the information in the draft or administrative draft SEIR documents and/or the draft Specific Plans contains sufficient detail to inform the LAFCO application form, such that additional analysis of adequate public services and of agricultural resource protection is not required of the planning consultant.
Optional services noted in Optional Tasks 1, 2, and 3, above may be incorporated upon City request. Additional work will only commence after receiving written City authorization.
I appreciate the opportunity to assist the City with the Vista Lucia and Puente del Monte Annexation Application processes. This scope of work is fully-negotiable to meet the City’s needs for this assignment. If you have any questions or would like to further discuss the scope of work, please do not hesitate to contact me at (805) 350-3282 or via email at [email protected]. Thank you.
Sincerely,
Robert A. Mullane, MS, AICP
Principal
Packet Pg. 185 Attachment: Resolution No. 2022-09 (2302 : Resolution No. 2022-09 On-Call Consultant List Harris & Assoc. and HR & Assoc.) City of Gonzales
FINANCE DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: January 18, 2022
FROM: Mike Howard, Finance Director
THROUGH: René L. Mendez, City Manager
SUBJECT: Resolution No. SA-2022-01, Consideration and Approval of Recognized Obligation Payment Schedule (‘ROPS’) 22-23 for the Period of July 1, 2022 through June 30, 2023
RECOMMENDATION
It is recommended that the Successor Agency:
• Receive the staff report;
• Accept and consider public comment; and
• Adopt Resolution No. SA-2022-01, A Resolution of the Successor Agency to the Former Gonzales Redevelopment Agency Approving the Recognized Obligation Payment Schedule 22-23 for the Period of July 1, 2022 through June 30, 2023.
BACKGROUND
Pursuant to Health and Safety Code § 34172 (a)(1), the Gonzales Redevelopment Agency was dissolved on February 1, 2012. Consistent with the provisions of the Health and Safety Code, the City Council previously elected to serve in the capacity of the Successor Agency to the Gonzales Redevelopment Agency, (the “Successor Agency”). In the past, Health and Safety Code § 34177 (1)(1), required the Successor Agency to prepare a Recognized Obligation Payment Schedule (“ROPS”) before each sixmonth fiscal period, which corresponds to equal halves of a fiscal year (i.e., July through December and January through June). Current law now requires the preparation and approval or a ROPS for an entire Fiscal Year.
The ROPS is the basis for the Successor Agency’s authority to make payment due for enforceable obligations. Subsequent to its approval by the Successor Agency, the ROPS must also be approved by the County Consolidated Oversight Board (“OS Board”) to the Successor Agency and is reviewable by the AGENDA
ITEM
20 Packet Pg. 186
County Auditor-Controller, the County Administrative Officer, the California Department of Finance and the California State Controller’s Office.
REVIEW AND ANALYSIS
Successor Agency staff has prepared ROPS 22-23 for the period of July 1, 2022 through June 30, 2023, which consists of several spreadsheets that are appended to the attached Exhibit “A” as Attachment ‘1’.
Pursuant to Health and Safety Code § 34177 (m), the County Consolidated Oversight Board approved ROPS for the period of July 1, 2022 through June 30, 2023 must be submitted to the County AuditorController, County Administrative Officer, the State Controller and the State Department of Finance not later than February 1, 2022.
Upon approval of the ROPS by the County Consolidated Oversight Board, and pursuant to Health and Safety Code § 34177 (l)(2), a copy of this staff report and the attached resolution will be submitted to the County Auditor-Controller, County Administrative Officer, the State Controller and the State Department of Finance within the prescribed timeframe.
The County Consolidated Oversight Board is scheduled to meet on January 14th to approve ROPS 22-23.
Approval of the attached Resolution will authorize the Successor Agency Director, or designee, to:
1. Post the ROPS for the period of July 1, 2022 through June 30, 2023 on the City’s website;
2. Transmit the ROPS for the period of July 1, 2022 through June 30, 2023 to the County AuditorController, County Administrative Officer, the State Controller, and the State Department of Finance within the timeframe prescribed by the Health and Safety Code; and
3. Make ministerial revisions to the ROPS which may include, but is not limited to, restating the information included within the ROPS in any format that may be requested by the State Department of Finance, take such other actions and execute such other documents as are necessary to effectuate the intent of the Resolution, and to implement the ROPS for the period of July 1, 2022 through June 30, 2023 on behalf of the Successor Agency, including authorizing and causing such payments.
ENVIRONMENTAL (CEQA) CLEARANCE
The approval of the ROPS by the County Consolidated Oversight Board has been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq., hereafter the “Guidelines”), and the City’s environmental guidelines. The recommended action does not constitute a “project” for purposes of CEQA, as that term is defined by Guidelines § 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per § 15378(b) (5) of the Guidelines.
FISCAL IMPACT
Pursuant to Health and Safety Code § 34177, the Successor Agency is legally required to continue to make payments due for enforceable obligations. The County Consolidated Oversight Board’s approval of ROPS 22-23 will ensure that the Successor Agency has the authority to continue to pay its enforceable obligations. The recommended action does not, in itself, cause any new financial obligations
CONCLUSION
Packet Pg. 187
It is recommended that the Successor Adopt Resolution No. SA-2022-01, A Resolution of the Successor Agency to the Former Gonzales Redevelopment Agency Approving the Recognized Obligation Payment Schedule 22-23 for the Period of July 1, 2022 through June 30, 2023.
Attachments:
1. Resol SA-2022-01
2. ROPS
Packet Pg. 188
RESOLUTION NO. SA-2022-01
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER GONZALES
REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 22-23 FOR THE PERIOD OF
JULY 1, 2022 THROUGH JUNE 30, 2023
WHEREAS, pursuant to Health and Safety Code § 34172(a) (1), the Gonzales Redevelopment Agency was dissolved February 1, 2012; and WHEREAS, consistent with the provisions of the Health and Safety Code, the City Council previously elected to serve in the capacity of the Successor Agency to the Gonzales Redevelopment Agency (the “Successor Agency”); and
WHEREAS, per Health and Safety Code § 34177 (1)(1), the Successor Agency is required to prepare a Recognized Obligation Payment Schedule (“ROPS”) for the period July 1, 2022 through June 30, 2023; and
WHEREAS, the ROPS is the basis for the Successor Agency’s authority to make payment due for enforceable obligations; and
WHEREAS, subsequent to its approval by the Successor Agency, the ROPS must also be approved by the County Consolidated Oversight Board (“OS Board”) to the Successor Agency and is reviewable by the County Auditor-Controller, the County Administrative Officer, the California Department of Finance and the California State Controller’s Office not later than February 1, 2021; and
WHEREAS, Agency staff has prepared the ROPS for the period of July 1, 2022 through June 30, 2023, which consists of several spreadsheets that are appended to this Resolution as Attachment “1”; and
WHEREAS, subsequent to the approval of this Resolution and approval by the “OS Board” the ROPS will be forwarded to the County Auditor-Controller, the County Administrative Officer, the California Department of Finance and the California State Controller’s Office for their review; and
WHEREAS, this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000 et seq., hereafter the “Guidelines”), and the City’s environmental guidelines; and
WHEREAS, the actions implemented by adoption of this Resolution are not a “project” for purposes of CEQA, as that term is defined by Guidelines § 15378, because the action is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per § 15378(b) (5) of the Guidelines.
WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met.
Packet Pg. 189 Attachment: Resol SA-2022-01 (2322 : Resolution No. SA-2022-01 ROPS for July 1, 2022 - June 30, 2023) NOW, THEREFORE, BE IT RESOLVED by the Successor Agency to the Gonzales Redevelopment Agency, as follows:
Section 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.
Section 2. The establishment of the Successor Agency’s ROPS 22-23 covering the period of July 1, 2022 through June 30, 2023, which is attached hereto as Attachment ‘1’, is approved.
Section 3. The Successor Agency Director, or designee, is hereby authorized to: i) post ROPS 22-23 on the City’s website; ii) transmit ROPS 22-23 to the County Auditor-Controller, the County Administrative Officer, the State Controller and the State Department of Finance for their review within the timeframe prescribed by the Health and Safety Code; and iii) make ministerial revisions to ROPS 22-23 which may include, but is not limited to restating the information included within ROPS 22-23 in any format that may be requested by the State Department of Finance, take such other actions and execute such other documents as are necessary to effectuate the intent of this Resolution, and to implement ROPS 22-23 on behalf of the Successor Agency, including authorizing and causing such payments.
Section 4. This Resolution shall take effect upon the date of its adoption.
PASSED AND ADOPTED by the Successor Agency at a regular meeting held on the 18 th
day of January 2022 by the following vote:
AYES: SUCCESSOR AGENCY MEMBERS:
NOES: SUCCESSOR AGENCY MEMBERS:
ABSENT: SUCCESSOR AGENCY MEMBERS:
ABSTAIN: SUCCESSOR AGENCY MEMBERS:
_______________________________
Jose L. Rios, The Honorable Chair
ATTEST:
____________________________________
Mary Villegas, Agency Deputy Secretary
Packet Pg. 190 Attachment: Resol SA-2022-01 (2322 : Resolution No. SA-2022-01 ROPS for July 1, 2022 - June 30, 2023) ATTACHMENT ‘1’
SUCCESSOR AGENCY TO THE GONZALES REDEVELOPMENT AGENCY
RECOGNIZED OBLIGATION PAYMENT SCHEDULE 22-23
(July 1, 2022 through June 30, 2023)
Packet Pg. 191 Attachment: Resol SA-2022-01 (2322 : Resolution No. SA-2022-01 ROPS for July 1, 2022 - June 30, 2023) Packet Pg. 192
Attachment: ROPS (2322 : Resolution No. SA-2022-01 ROPS for July 1, 2022 - June 30, 2023) Packet Pg. 193
Attachment: ROPS (2322 : Resolution No. SA-2022-01 ROPS for July 1, 2022 - June 30, 2023) Packet Pg. 194
Attachment: ROPS (2322 : Resolution No. SA-2022-01 ROPS for July 1, 2022 - June 30, 2023) Packet Pg. 195
Attachment: ROPS (2322 : Resolution No. SA-2022-01 ROPS for July 1, 2022 - June 30, 2023) Packet Pg. 196
Attachment: ROPS (2322 : Resolution No. SA-2022-01 ROPS for July 1, 2022 - June 30, 2023) City of Gonzales
CITY MANAGER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: January 18, 2022
FROM: Rene Mendez, City Manager
SUBJECT: A Resolution of the City Council of the City of Gonzales Authorizing the Use of Remote Teleconferenced Meetings of the City Council Pursuant to Assembly Bill 361
RECOMMENDATION
It is recommended that the City Council consider and adopt Resolution No. 2022-08, A Resolution of the City Council of the City of Gonzales Authorizing the Use of Remote Teleconferenced Meetings of the City Council Pursuant to Assembly Bill 361.
BACKGROUND
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple State agencies and departments, and help the State prepare for a broader spread of COVID-19.
On March 17, 2020, the Governor issued Executive Order N-29-20 which authorized meetings of local legislative bodies to be held by teleconference as long as specified notice and comment provisions were followed. Meeting remotely and/or hybrid remote and in-person meetings allowed the City to ensure the continued access to meetings by the Council, Staff and the public while also ensuring everyone’s safety.
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021 for agencies to transition back to public meetings held in full compliance with the Brown Act. However, the Delta Variant, and the even more contagious Omicron Variant emerged, causing a spike in cases throughout the State. As a result, a variety of actions have been taken and orders issued to protect public health, including the Monterey County Board of Supervisor’s indoor mask wearing ordinance adopted on September 28, 2021. More recently, The California Department of Public Health issued an order that masks be worn in all indoor public settings in the State, irrespective of vaccine status, through January 15, 2022.
AGENDA
ITEM
21 Packet Pg. 197
REVIEW AND ANALYSIS
In response to the foregoing concerns, the California Legislature recently approved AB 361, which was signed as an urgency statute by the Governor on September 16, 2021 and is effective immediately. This law allows local legislative bodies to continue to meet remotely after the October 1 deadline under specified circumstances. A local agency will be allowed to continue to meet remotely when:
•
1The Board holds a meeting during a proclaimed state of emergency, and State or local officials have imposed or recommended measures to promote social distancing. • The Board holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. • The Board holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
To meet remotely, agencies must make certain findings demonstrating the requirements to continue to hold remote meetings apply. Staff is recommending that Resolution No. 2022-08 be adopted as these findings can be made. Specifically, the City meets the requirements to continue holding meetings remotely in order to ensure the health and safety of the public because:
• The City and County are still under a state of emergency as declared by the Governor. • The Monterey County Board of Supervisors has adopted an ordinance that requires all individuals in indoor public spaces wear masks, regardless of vaccination status. • The California Department of Public Health has mandated that masks be worn in all indoor public settings in the state through January 15, 2022. Health officers have also issued other health orders, recommendations and updates designed to slow the spread of COVID-19. • The City is concerned about protecting the health and safety of meeting attendees, particularly given that even fully vaccinated people have contracted the Delta and Omicron Variants, people may have and transmit the virus before knowing they are infected and/or if they are asymptomatic, and meetings of the City Council can last several hours.
Under AB 361, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules:
• The Board has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.
For these reasons, Staff anticipates that if the current COVID-19 surge continues, the City Council may be asked to approve a resolution every month making findings regarding the circumstances of the emergency and vote to continue using the law’s exemptions. AB 361 sunsets on January 1, 2024. It is important to note that holding meetings remotely does not compromise the level of transparency or engagement that the Brown Act was designed to ensure. Studies have shown that remote meetings maintain and, in many instances, enhance the transparency and accessibility of public agency meetings.
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm. 1 The Board, in our case means the City Council.
Packet Pg. 198
Explain: The proposed action will allow the City Council to continue to function and interact with staff and the public in a safe and effective manner.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.
Explain: N/A.
City services will be delivered in a cost-effective, respectful, and friendly manner to ensure the safety and wellbeing of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: N/A.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment Yes No X N/A
• Education Yes No X N/A
Explain: See above.
ALTERNATIVES
Your Council has the following options:
1. Request modifications to the proposed resolution; or
2. Not move forward with the adoption of the proposed resolution, which is not recommended because the lack of remote teleconferencing capabilities might disrupt future meeting proceedings.
BUDGET IMPACT
Adoption of the proposed resolution should have no impact on finances.
CONCLUSION
It is recommended that the City Council consider and adopt Resolution No. 2022-08, A Resolution of the City Council of the City of Gonzales Authorizing the Use of Remote Teleconferenced Meetings of the City Council Pursuant to Assembly Bill 361.
Attachments:
1. Resol 22-08
Packet Pg. 199
RESOLUTION NO. 2022-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
AUTHORIZING THE USE OF REMOTE TELECONFERENCED MEETINGS OF THE CITY COUNCIL PURSUANT TO ASSEMBLY BILL 361
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency in the State of California, as defined under the California Emergency Services Act, due to the COVID19 pandemic; and WHEREAS, on March 6, 2020, the Monterey County Administrative Officer issued a similar declaration of “local health emergency” regarding COVID-19 for Monterey County, which was subsequently ratified by the Monterey County Board of Supervisors on March 10, 2020; and
WHEREAS, on March 17, 2020, due to the threats posed by COVID-19, Governor Newsom issued Executive Order N-29-20, which suspended certain requirements of Government Code Section 54950 et seq., the Ralph M. Brown Act (“Brown Act”), in order to allow local legislative bodies to conduct meetings telephonically or electronically without a physical meeting place; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which stated that the provisions suspending requirements of the Brown Act in Executive Order N-29-20 would remain in effect through September 30, 2021, at which point the suspensions would expire; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 into law, an urgency measure effective upon adoption, amending the Brown Act to allow legislative bodies to continue to meet remotely during a proclaimed State of Emergency, when either state or local officials have imposed or recommended measures to promote social distancing, or the legislative body determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, the State of Emergency proclaimed by the Governor on March 4, 2020, and local health emergency declarations remain in effect; and WHEREAS, on September 28, 2021, the Monterey County Board of Supervisors adopted an ordinance requiring the use of face coverings indoors for all persons over the age of two regardless of vaccination status, and implementation of the ordinance’s requirements have been triggered by COVID-19 rates in the County; and
WHEREAS, in addition to the County’s masking ordinance, the California Department of Public Health has mandated that masks be worn in all indoor public settings in the State, irrespective of vaccine status from December 15, 2021 through February 15, 2022; and Packet Pg. 200 Attachment: Resol 22-08 (2312 : Resolution No. 2022-08 AB 361 CC Remote Teleconferenced Mtgs) WHEREAS, in recent months, the COVID-19 Delta Variant and the highly contagious Omicron Variant have emerged, causing an increase in positive cases and hospitalizations locally and throughout the State of California, the Unites States and other parts of the world; and WHEREAS, according to the CDC’s “Community Transmission” metric, which provides a four-tiered system that measures the level of community transmission in each county, Monterey County was reported as having a “High” Community Transmission rate, with 2,446 cases reported in a seven-day period as of January 10, 2022, a 300% increase; and WHEREAS, due to the continued significant impact of the Delta and Omicron Variants, and a recent surge in Omicron cases, the City is concerned about the health and safety of officials, staff and public attendees at public meetings should they be held in person and in a shared indoor public meeting space, and
WHEREAS, in light of the foregoing, the Council desires to take action necessary to comply with AB 361 to allow the Council to continue to permit remote meeting participation or entirely remote Council meetings; and
WHEREAS, in order to maintain consistency in its determination that remote meeting procedures should be implemented to avoid the imminent risks of COVID-19 to health and safety in the City, the Council also believes that all meetings of City-related legislative bodies should be conducted so as to allow remote participation or entirely remote meetings.
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales as follows:
1. All of the recitals set forth above are true and correct to the best of its knowledge and by this reference are incorporated herein as findings.
2. The Council hereby acknowledges that the Governor’s State of Emergency proclamation issued on March 4, 2020, remains in effect.
3. The Council finds that due to the emergence of the Delta Variant, and the highly contagious Omicron Variant, and the continued threat of COVID-19, holding wholly in-person Council meetings could present an imminent risk to the health and safety of attendees.
4. The Council is hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code Section 54953(e) and other applicable provisions of the Brown Act to allow teleconferenced meetings and remote meeting participation.
5. In order to maintain internal consistency in meeting procedures throughout the City, the Council finds that holding wholly in-person meetings of City-related legislative bodies subject to the Brown Act would also present imminent COVID-19 related risks to the health and safety of attendees, and that as such, said bodies are directed and authorized to implement the actions taken by the Council pursuant to this resolution to allow teleconferenced meetings and Packet Pg. 201 Attachment: Resol 22-08 (2312 : Resolution No. 2022-08 AB 361 CC Remote Teleconferenced Mtgs) remote meeting participation. This finding and directive shall apply to all City-related legislative bodies subject to the Brown Act, including but not limited to the Gonzales Planning Commission, the Gonzales Recreation Commission, the Measure K Advisory Committee, and the Measure X Subcommittee.
6. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of thirty days from the adoption of this Resolution or such time the Council adopts a subsequent resolution in accordance with Government Code Section 54953(e)(3) to extend the time during which the Council may continue teleconferencing without compliance with the Brown Act’s prior rules regarding teleconferencing.
PASSED AND ADOPTED by the City Council of the City of Gonzales, County of Monterey, State of California, this 18
th day of January, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
______________________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
___________________________________
Mary Villegas, Deputy City Clerk
Packet Pg. 202 Attachment: Resol 22-08 (2312 : Resolution No. 2022-08 AB 361 CC Remote Teleconferenced Mtgs) City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: January 18, 2022
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: René L. Mendez, City Manager
SUBJECT: Proclamation Regarding the City's 75th Anniversary of Incorporation
RECOMMENDATION
Receive staff report and adopt Proclamation No. 2022-01 Proclaiming the City’s 75th Anniversary of Incorporation.
BACKGROUND
The City of Gonzales was incorporated on January 10, 1947. On January 10, 2022, the City will be celebrating its 75th year. Over the last eight months, the 75th Anniversary Planning Committee has been working hard to plan several events to celebrate the anniversary with the community.
REVIEW & ANALYSIS
A committee comprised of Councilmember Liz Silva, Councilmember Lorraine Worthy, Director of Community Engagement Carmen Gil, Public Works Director Patrick Dobbins, Maury Treleven, and Candice Camacho, have been meeting monthly to develop a timeline of events to celebrate the City’s 75th Anniversary.
The committee has planned the following activities and events:
December 4, 2021 • The Celebration kicked off on Dec. 4th at the Downtown Holiday Lights event.
AGENDA
ITEM
22 Packet Pg. 203
December 18, 2021
• The committee had a car in the Holiday Parade with a 75th year sign, as well the MST Trolly with carolers in celebration of the event.
April 2, 2022 • Classic car parade and car show along Fourth Street • Have restaurants participate in food challenge
July 2, 2022 • Coordinate with Rotary Club to expand 5K walk/run to 7.5K • Sell commemorative T-shirts
October 2022
• Tie in with Gonzales High School homecoming with a
“Coming Home Jubilee”
• Dance along Fourth Street (Saturday evening)
As part of the year-long celebration, merchandise is also available for purchase including T-shirts, Christmas ornaments, and bumper stickers. These items will be made available all year long. Individuals can purchase at City Hall or at our teamsideline/gonzales.com website.
How Recommendation Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: Celebrating the 75th anniversary of City incorporation will provide for opportunities to revisit Gonzales’ rich history, and allow newcomers to also engage and learn about what makes Gonzales special.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.
Explain: The events planned around the 75th anniversary of City incorporation will bring residents together to celebrate Gonzales’ history, its and future.
City services will be delivered in a cost-effective, respectful, and friendly manner to ensure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: See above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No X N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment Yes No X N/A
• Education Yes No X N/A
Explain: See above.
ALTERNATIVES
Packet Pg. 204
Provide direction to staff on the planned events.
BUDGET IMPACT
None at this time.
CONCLUSIONS
Receive staff report and adopt Proclamation No. 2022-01 Proclaiming the City’s 75th Anniversary of Incorporation.
Attachments:
1. Proclamation No. 2022-01 City's 75th Anniversary
Packet Pg. 205
PROCLAMATION NO. 2022-01
WHEREAS, the City of Gonzales was incorporated on January 10, 1947; and the 10th day of January 2022, marks the 75th Anniversay of incorportation of the City; and WHEREAS, Teodoro Gonzalez arrived from Mexico in 1825 at the young age of 19; and WHEREAS, he became the acting alcalde in Monterey in 1836, that same year he received a land grant from the Mexican government, el “Rincon de la Punta del Monte” (cornering on the point of a hill); the grant was composed of 15,218 acres of land in the Salinas Valley; and WHEREAS, in 1872, the Southern Pacific Railroad laid tracks through the Salinas Valley and later a depot was built to service freight and passenger trains; and WHEREAS, in 1874, Mariano and Alfredo Gonzalez (sons of Teodoro Gonzalez) planned the original town of Gonzales, consisting of 50 blocks on land originally deeded to their father, Teodoro Gonzalez in 1836; and
WHEREAS, cattle and grain raising dominated the area until the 1890s when Swiss immigrants founded dairies; and
WHEREAS, in 1894, the earliest recorded population was 500 residents, and Gonzales became home to an upholsterer, a harnessmaker, a cigarmaker, a couple of laywers and Dr. Gordon, who was the town doctor; and
WHEREAS, at the turn of the century, the Alpine Condensary was established to produce condensed milk, a process started by a local resident; and WHEREAS, in the 1920s, dairy farming gave way to thriving vegetable crops, advancements in irrigation, machinery and transportation; and
WHEREAS, today, 75 years later, Gonzales is a thriving community known as the Wine Capital of Monterey County, who has attracted major agricultural entities like Mann Packing, Taylor Farms, Braga, and Papé Materials, who just relocated their operations here from Salinas; and WHEREAS, Gonzales is now made up of approximately 8,000 residents who continue to honor its small-town charm and who pride themselves living the Gonzales Way – through Love, Care and Connection.
NOW, THEREFORE, BE IT PROCLAIMED, on this 18th Day of January in the year 2022, by the Gonzales City Council, that we will honor the rich history of Gonzales and will work to continue to commemorate its abundance of riches into the future.
__________________________________
José L. Rios, The Honorable Mayor
Packet Pg. 206 Attachment: Proclamation No. 2022-01 City's 75th Anniversary (2320 : Proclamation No. 2022-01 City's 75Th Anniversary of Incorporation) City of Gonzales
COMMUNITY ENGAGEMENT & STRATEGIC
PARTNERSHIPS
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: January 18, 2022
FROM: Carmen Gil, Community Engagement & Strat. Partnership Dir.
THROUGH: René L. Mendez, City Manager
SUBJECT: Resolution in Support of the Blue Zones Monterey County
RECOMMENDATION
It is recommended that the Gonzales City Council approve Resolution No. 2022-01, A Resolution of the City Council of the City of Gonzales Supporting the Blue Zones Project Monterey County.
BACKGROUND
The Blue Zones project is the outcome of a study and a New York Times bestseller by the National Geographic Fellow Dan Buettner of locations in the world with the highest life longevity, referred to as “Blue Zones”. These Blue Zones have been known to have the same 9 traits, known as the Power 9, these include Moving Naturally, having a Purpose, Down Shifting, the 80% Rule, Plant Slant, Wine at Five, Belonging, Family First and the Right Tribe. Through these traits the Blue Zones Project believes it can make a difference in the people’s lives and extend their longevity.
Currently, Blue Zones is working to create healthier communities across 50 cities in the U.S. The Blue Zones Project was brought to Monterey County by Salinas Valley Memorial Healthcare System and Talyor Farms in 2019. Since then, they have been working to create a healthier Salinas Valley. Starting with their presence in the City of Salinas, then their expansion into Monterey and now they are moving into South County by expanding the initiative to the City of Gonzales and the City of King.
Through this partnership, the City of Gonzales will be able to increase its capacity to support local residents in their quest to be healthier by working to coordinate efforts around healthy eating, physical activity and mindfulness with Blue Zones Monterey County staff.
AGENDA
ITEM
23 Packet Pg. 207
REVIEW AND ANALYSIS
By approving the Resolution in support of the expansion of their efforts, the City Council makes it clear that we are interested in partnering with them on the endeavor and that the City is committed to the community’s health and wellbeing.
Duties and Commitments
City of Gonzales staff will work to facilitate the partnership with Blue Zones Monterey County. They will partner with them on different aspects of community health such as the built environment, healthy eating, diabetes prevention and nutrition.
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small town charm.
Explain: The partnership with Blue Zones Monterey County will allow the City to support more of its residents with their health and wellbeing. Through this partnership the local capacity for services around creating healthier lifestyles will increase, and thus favor everyone in the long run.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.
Explain: Please see explanation above for the Vision.
City services will be delivered in a cost-effective, respectful, and friendly manner to insure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: Please see explanation above for the Vision.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing X Yes No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain: Please see explanation above for the Vision.
ALTERNATIVES
If the City Council decides it does not want to support the efforts of Blue Zones Monterey County, we will be missing out on the added capacity that the project will bring to the community.
BUDGET IMPACT
There is no impact to the budget by approving this resolution.
CONCLUSION
Packet Pg. 208
It is recommended that the Gonzales City Council approve Resolution No. 2022-01, A Resolution of the City Council of the City of Gonzales Supporting the Blue Zones Project Monterey County.
Attachments:
1. Resol 22-01 Supporting the Blue Zones Project
Packet Pg. 209
RESOLUTION NO. 2022-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
SUPPORTING THE BLUE ZONES PROJECT MONTEREY COUNTY
WHEREAS, the Blue Zones project is the outcome of a study and a New York Times bestseller by National Geographic Fellow Dan Buettner of locations in the world with the highest life longevity, referred to as “Blue Zones.”; and
WHEREAS, the study identified common characteristics of those areas and attempts to replicate them in other communities around the country to create new Blue Zones; and WHEREAS, Blue Zones are communities that have been identified as having populations that live measurably longer, happier lives with lower rates of chronic diseases and a higher quality of life than the average; and
WHEREAS, the Blue Zones Project began as and has evolved into a global movement that is now inspiring Monterey County and Gonzales to make changes so residents live longer, healthier and happier lives; and
WHEREAS, the Blue Zones Project seeks to improve the well-being of communities by applying best practices to make the healthy choice the easy choice through built environment, food, and tobacco policy change; environmental changes within worksites, schools, restaurants, grocery stores, and faith/civic organizations; and engagement activities that promote social support for healthy behaviors, volunteering, and purpose; and WHEREAS, the City of Gonzales has been chosen for the Blue Zone Project Monterey County; and
WHEREAS, the City of Gonzales has a long trajectory on connecting wellness to overall happiness; and
WHEREAS, the City of Gonzales was award the Culture of Health Prize in 2019 by the Robert Wood Johnson Foundation for its holistic efforts around health and wellness; and WHEREAS, City of Gonzales recognizes that through a partnership with Blue Zones Monterey County, the City can support its residents even more to make healthier choices; and NOW, THEREFORE, BE IT RESOLVED that the City of Gonzales proudly supports the Blue Zones Project Monterey County, expresses its commitment to implementation of the program in the City of Gonzales, and urges all businesses, organizations and residents to participate in order to help everyone in the community to live a longer, healthier and happier life.
Packet Pg. 210 Attachment: Resol 22-01 Supporting the Blue Zones Project (2321 : Resolution No. 2022-01 Supporting the Blue Zones Project Monterey PASSED AND ADOPTED by the City Council of the City of Gonzales at a meeting held on this 18
th day of January 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Jose L. Rios, The Honorable Mayor
ATTEST:
Mary Villegas, Deputy City Clerk
Packet Pg. 211 Attachment: Resol 22-01 Supporting the Blue Zones Project (2321 : Resolution No. 2022-01 Supporting the Blue Zones Project Monterey City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: January 18, 2022
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: René L. Mendez, City Manager
SUBJECT: Ordinance No. 2021-129 Adoption of an Organic Waste Disposal Reduction, Recycling and Solid Waste
RECOMMENDATION
It is recommended that the City Council:
• Receive the staff report;
• Open public hearing to receive and consider public comment; • Close public hearing; and
• Adopt, waive reading and read by title only Ordinance No. 2021-129, An Ordinance of the City Council of the City of Gonzales Adding Chapter 5.30 to Title 5-Public Health and Safety of the Gonzales City Code for Organic Waste Disposal Reduction, Recycling and Solid Waste Collection.
BACKGROUND
In 2017, the State set a goal to reduce statewide disposal of organic waste by 50% from the 2014 level by 2020, and by 75% from the 2014 level by 2025. In order to meet these goals, the State has implemented requirements for the recycling of organic waste and the recovery of edible food that would otherwise be thrown away.
Most recently, the State has imposed regulations to implement these goals in Title 14, Division 7, Chapter 12 of the California Code of Regulations, entitled “Short-Lived Climate Pollutants.” These regulations were developed and adopted in response to California Senate Bill 1383, so they are often referred to as the “SB 1383 Regulations.”
AGENDA
ITEM
24 Packet Pg. 212
The regulations place requirements on multiple entities including cities, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of Statewide Organic Waste disposal reduction targets. It requires cities to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. These new regulations will take effect January 1, 2022.
On December 6. 2021, the City Council took action to introduce, waive reading and read by title Ordinance No. 2021-129.
REVIEW AND ANALYSIS
In response to the above-referenced statutory requirements, the City Attorney’s Office, using a template provided by the Salinas Valley Solid Waste Authority (SVSWA), prepared the attached proposed ordinance, which is the first step toward bringing the City into compliance with the SB 1383 Regulations.
Ordinance Summary
The Ordinance includes new definitions, which reflect the increasingly technical and complicated nature of State law in this area. In addition, it imposes the following major provisions and/or requirements for:
1. Automatic enrollment of all businesses and residents in a waste collection service that provides for recycling of both non-organic recyclables (e.g., bottle, cans, plastics, and glass) and organic waste (e.g., food, green waste, wood, and paper products), unless the business or resident obtains a waiver. The primary reasons the City will grant waivers will be (a) if a business does not have sufficient space on its property for an organic waste container, or (b) if a business produces no organic waste or a de minimis amount of organic waste.
2. Commercial edible food generators, including grocery stores, businesses that distribute food to grocery stores, wholesale food vendors, restaurants over a certain size, hotels and health facilities over a certain size that have food facilities, and certain event venues. These generators must make arrangements to recover as much edible food as possible that would otherwise be thrown away, including contracting with food recovery organizations, and keep records of such efforts.
3. Food Recovery Organizations and services that have contracts or written agreements requires maintaining specified records and/or data.
4. The City’s franchised waste hauler to provide a solid waste collection service that will comply with the SB 1383 Regulations, which includes a 3-container system.
5. For facility operators and community composting operations to provide information by the City within 60 days necessary to comply with the provisions of SB 1383;
6. For self-haulers – individuals and businesses that haul their own solid waste – to comply with the provisions of SB 1383, maintain the necessary records and provide said records to the City upon request. Said records are designated in the proposed ordinance that include but is not limited to maintaining records of the amount of organic waste delivered to the solid waste processing facility.
7. For water efficient landscaping, comply with existing requirements in the City Code and the State Model Water Efficient Landscape Ordinance, which are now referenced in this proposed ordinance.
Packet Pg. 213
8. Procurement mandates for city departments, direct service providers and vendors. Essentially this requires the purchase of recycled products, like paper and printing.
9. That allows the City representatives and/or designee to conduct inspections and investigations.
10. That allows for the enforcement of this ordinance by a City Enforcement Official(s) and/or designee(s) and provides the process for enforcement. It further establishes the following penalty amounts and types of violation for:
a) Commercial Business of $100 for the first violation, $200 for the second violation and $500 for a third and subsequent violation; and
b) Single-Family of $50 for the first violation, $100 for the second violation, and $250 for the third and subsequent violation.
However, it is important to point out that the proposed penalties are set at the minimum range established by the State and also as allowed by SB 1383, the City will take an educational and non-punitive approach for the first two years from January 1, 2022, through January 1, 2024.
11. On businesses (including owners of multifamily dwellings) to educate their tenants and employees about the new organic waste recycling requirements and provide appropriate separate waste containers for organic waste.
12. Provisions delegating primary authority for implementation of this ordinance to the City Enforcement Official and a recognition of the hauler’s role to maintain compliance.
City Non-Compliance
While the proposed ordinance is needed for compliance and the City expects to gain compliance from residents and businesses, SB 1383 Regulations provide CalRecycle with the ability to engage in enforcement actions of its own against the City if the designated level of compliance is not met. Some of these actions include:
Conducting more frequent inspections;
Taking over direct enforcement on non-compliant businesses within the City; Establishing a schedule for City compliance and a probationary period, requiring a work plan and that the jurisdiction demonstrates it has sufficient staffing to implement the requirements of the law; and/or Seeking administrative penalties against the City of up to $10,000 per day.
While this is clearly an unfunded mandate and no money is being provided by the State to cities and counties for compliance, we simply have no choice but to enact the ordinance.
Enforcement
As mentioned above, the ordinance establishes an enforcement mechanism that will require the City to establish and enforcement program. On this front, staff will reach out to the County Health Department to request help enforcing the ordinance with commercial food generators and compliance with edible food requirements.
Violations by commercial businesses are proposed to be identified by the hauler. Furthermore, discussions have been held with the SVSWA for them to provide the initial contact to seek voluntary compliance. Violations will then be referred to the City’s Code Enforcement Officer for additional warnings and citations. Furthermore, preliminary discussions are underway among the City Managers of the four South County Cities to jointly fund and share a Code Enforcement position especially as the program expands to include residential customers.
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Environmental Review
Ordinance No. 2021-129 is exempt from the California Environmental Quality Act on the grounds that it can be seen with certainty that the proposed Ordinance will not have a significant, adverse effect on the environment, and merely implements requirements already mandated by State law. In the alternative, the proposed Ordinance is also subject to a Class 8 Categorical Exemption per CEQA Guidelines Section 15308, as it consists of actions taken by the City as a regulatory agency, as authorized and mandated by State law, to assure the protection of the environment through enhanced requirements for the handling of solid waste. Further, none of the exceptions under CEQA Guidelines Section 15300.2 are applicable to the proposed ordinance.
Public Hearing
As is noted above, Ordinance 2021-129 was introduced and read by title only by the City Council on December 6, 2021. A public hearing for consideration for adoption and the second reading of this ordinance has been scheduled and noticed for this evening’s meeting.
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: While the proposed ordinance required by State law will likely overtime help the environment and reduce waste, the implementation is in essence a ministerial act because the City is required to adopt it and add it to the City Code.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.
Explain: N/A.
City services will be delivered in a cost-effective, respectful, and friendly manner to ensure the safety and wellbeing of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: N/A.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No X N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain: N/A.
ALTERNATIVES
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Your Council has the following options:
1. Request modifications to the proposed ordinance; or
2. Not move forward with the adoption of the proposed ordinance; which is not recommended because that would likely result in the imposition of fines by the State.
BUDGET IMPACT
It is hard at this time to estimate the full budget impact to the City to enforce the proposed ordinance. The waste hauler will be primarily responsible for monitoring many aspects of the collection, inspection, and enforcement, which will ultimately be covered by a fee imposed by the waste hauler. As your Council is aware, the City provides the exclusive waste hauling franchise to Tri-Cities Disposal and every year the City adopts the garbage fees that reflect the cost from the waste hauler and the SVSWA.
In addition to the disposal rates charged by the SVSWA, there is also a management fee paid that provides management and administrative services that will help cover some of the expected costs.
However, the City will likely have administrative, record keeping, compliance review, and other costs associated with implementation of the proposed ordinance. While the City Approved Budget for FY 2021-2022 may cover the added cost any needed adjustments will be brought before your Council as part of the Mid-Year or Third-Quarter Financial Report.
In addition to the proposed ordinance, the City will be required to purchase and utilize a portion of the mulch or compost created by recycling the organics materials. This is an onerous requirement imposed by the State in that the market is being created on the backs of cities and counties, which ultimately are our residents. While hard to estimate, staff estimates that the City will be required to purchase approximately 680 tons of mulch or 400 tons of compost annually. The annual cost is estimated to be $4,000 $6,000 plus staffing costs to place the materials, which will definitely require a future adjustment to the budget.
CONCLUSION
It is recommended that the City Council:
• Receive the staff report;
• Open public hearing to receive and consider public comment; • Close public hearing; and
• Adopt, waive reading and read by title only Ordinance No. 2021-129, An Ordinance of the City Council of the City of Gonzales Adding Chapter 5.30 to Title 5-Public Health and Safety of the Gonzales City Code for Organic Waste Disposal Reduction, Recycling and Solid Waste Collection.
Attachments:
1. Ordinance No. 2021-129
2. Proof of Publication
3. Press Release
4. Flyers
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1 ORDINANCE NO. 2021-129
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES ADDING CHAPTER 5.30 TO TITLE 5-PUBLIC HEALTH AND SAFETY OF THE GONZALES
CITY CODE FOR ORGANIC WASTE DISPOSAL REDUCTION, RECYCLING AND
SOLID WASTE COLLECTION
WHEREAS, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and WHEREAS, Assembly Bill 341 of 2011 places requirements on businesses and multifamily property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires the City to implement a mandatory commercial recycling program; and
WHEREAS, Assembly Bill 1826 of 2014 requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires the City to implement a recycling program to divert organic waste from businesses subject to the law, and requires the City to implement a mandatory commercial organics recycling program; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organics in landfills as a source of methane. As adopted by CalRecycle, these SB 1383 regulations (SB 1383 Regulations) place requirements on multiple entities including the City, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets; and
WHEREAS, the SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations; and
WHEREAS, the City Council now desires to adopt this Ordinance to implement the requirements of AB 341, AB 1826, and the SB 1383 Regulations.
NOW THEREFORE, the City Council of the City of Gonzales does hereby ordain as follows:
SECTION 1. Recitals. The above recitals are hereby incorporated herein by reference.
Packet Pg. 217 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 2 SECTION 2. CEQA. The City Council finds and determines that the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3) on the grounds that it can be seen with certainty that the proposed Ordinance will not have a significant, adverse effect on the environment, and merely implements requirements already mandated by State law. In the alternative, the City Council further finds and determines that the proposed Ordinance is also subject to a Class 8 Categorical Exemption per CEQA Guidelines Section 15308, as it consists of actions taken by the City as a regulatory agency, as authorized and mandated by State law, to assure the protection of the environment through enhanced requirements for the handling of solid waste. Further, none of the exceptions under CEQA Guidelines Section 15300.2 are applicable to the proposed ordinance.
SECTION 3. Enactment. New Chapter 5.30 “Organic Waste Disposal Reduction, Recycling and Solid Waste Collection” is hereby added to Title 5-Public Health and Safety of the Gonzales City Code to read in its entirety as follows:
CHAPTER 5.30 - ORGANIC WASTE DISPOSAL REDUCTION, RECYCLING AND
SOLID WASTE COLLECTION
5.30.010 - Purpose and Findings.
5.30.020 - Title of Ordinance
5.30.030 - Definitions
5.30.040 - Requirements for Single-family Generators.
5.30.050 - Requirements for Commercial Businesses.
5.30.060 - Waivers for Generators.
5.30.070 - Requirements for Commercial Edible Food Generators.
5.30.080 - Requirements for Food Recovery Organizations and Services.
5.30.090 - Requirements for Haulers and Facility Operators.
5.30.100 - Self-hauler Requirements.
5.30.110 - Water Efficient Landscaping Requirements.
5.30.120 - Procurement Requirements for City Departments, Direct Service Providers, and Vendors.
5.30.130 - Inspections and Investigations.
5.30.140 - Enforcement
5.30.150 - Coordination and Interpretation in Conjunction With Related Solid Waste Ordinances.
5.30.010 PURPOSE AND FINDINGS.
The City finds and declares:
A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their cities to the Packet Pg. 218 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 3 maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
B. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires cities to implement a Mandatory Commercial Recycling program.
C. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires cities to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires cities to implement a Mandatory Commercial Organics Recycling program.
D. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including cities, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of Statewide Organic Waste disposal reduction targets.
E. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires cities to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.
5.30.020 TITLE OF ORDINANCE.
This chapter shall be entitled “Organic Waste Disposal Reduction, Recycling and Solid Waste Collection.” References herein to “ordinance” shall refer to this chapter
5.30.030 DEFINITIONS.
“Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials. “CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations.
Packet Pg. 219 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 4 “California Code of Regulations” or “CCR” means the State of California Code of Regulations.
CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
“City” means the City of Gonzales, California, within its jurisdictional boundaries. “City Enforcement Official” means the city manager or authorized Designee(s) who is/are partially or wholly responsible for enforcing this ordinance. “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined hereinbelow of this Section 08.40.030 or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
“Compliance Review” means a review of records by a City to determine compliance with this ordinance.
“Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility. “Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
“C&D” means construction and demolition debris.
“Designee” means an entity that a City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Packet Pg. 220 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 5 Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
“Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded.
Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
“Enforcement Action” means an action of the City to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
“Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including, without limitation: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in City’s, or its Designee’s, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the City’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the City or its Designee for collection services. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22). “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; Packet Pg. 221 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 6 (2) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
(3) A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance. “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
“Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
“Food Waste” means Food Scraps, and Food-Soiled Paper.
“Gray Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. Per the definition provided in 14 CCR Section 18982(a)(28), the Gray Container may be black, or the body and/or lid of the container may be black or gray.
“Gray Container Waste” means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
“Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including, without limitation, a Packet Pg. 222 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 7 bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
“Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
“Inspection” means a site visit where a City reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).
“Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.
“Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance. “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
“Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
Packet Pg. 223 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 8 “Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
“Non-Local Entity” means the following entities that are not subject to the City’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Special district(s) located within the boundaries of the City . (2) Federal facilities, including, without limitation, military installations, located within the boundaries of the City.
(3) Prison(s) located within the boundaries of the City, excepting that private prisons are considered Commercial Businesses and do not fall within this definition. (4) Facilities operated by the State park system located within the boundaries of the City. (5) Public universities (including community colleges) located within the boundaries of the City.
(6) County fairgrounds located within the boundaries of the City. (7) State agencies located within the boundaries of the City. “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
“Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). “Organic Waste Generator” or “Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
“Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, Packet Pg. 224 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 9 index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
“Prohibited Container Contaminants” means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the City’s Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in City’s Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container.
“Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
“Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
“Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
“Regional Agency” means regional agency as defined in Public Resources Code Section 40181. “Remote Monitoring” means the implementation and use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.
“Renewable Gas” means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
“Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
“Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65). “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce Packet Pg. 225 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 10 emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
“SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
“Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person or site. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
“Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
“Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
“Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Packet Pg. 226 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 11 Container Waste or other Solid Waste/Mixed Waste for the purposes of collection and processing.
“Source Separated Blue Container Organic Waste” means Source Separated Organic Waste that can be placed in a Blue Container that (i) is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7), and (ii) excludes any other Organic Waste that an Organics Waste Facility may reject to maintain any organics-related composting certifications including but not limited to organic carpets and textiles, contaminated wood or lumber, manure, digestate, biosolids, and sludges.
“Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the Generator, excluding Source Separated Blue Container Organic Waste; Non-Compostable Paper; Paper Products; Printing and Writing Paper; and any other Organic Waste that an Organics Waste Facility may reject to maintain any organics-related composting certifications including but not limited to organic carpets and textiles, contaminated wood or lumber, manure, digestate, biosolids, and sludges.
“Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste.
“State” means the State of California.
“Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71). “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. (3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
Packet Pg. 227 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 12 (1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.
“Uncontainerized Green Waste and Yard Waste Collection Service” or “Uncontainerized Service” means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a Generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(76).
“Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
5.30.040 REQUIREMENTS FOR SINGLE-FAMILY GENERATORS.
Organic Waste Generators shall subscribe to a three container collection service which includes a Blue Container, Green Container and Gray container, and shall comply with the following requirements:
A. Shall subscribe to City’s Organic Waste collection services for all Organic Waste generated as described in Section 5.30.040B. City or its Designee shall have the right to review the number and size of a Generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; Single-Family Generators shall adjust their service level for their collection services as requested by the City or its Designee. Nothing is this Section prohibits an Organic Waste Generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
Packet Pg. 228 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 13 B. Shall participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers.
1. Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.
C. Any materials self-hauled must be hauled to facilities permitted to accept Source Separated Green Container Organic Waste (including Food Waste), Source Separated Recyclable Materials, and Gray Container Waste. Nothing in this subsection shall relieve Self-Haulers that generate waste from subscribing to a three container collection service.
5.30.050 REQUIREMENTS FOR COMMERCIAL BUSINESSES.
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
A. Subscribe to City’s three-container collection services and comply with requirements of those services as described below in Section 5.30.050B. City or its Designee shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; Commercial Businesses shall adjust their service level for their collection services as requested by the City or its Designee.
B. Participants in the City’s Organic Waste collection service(s) shall place designated materials in designated containers as described below.
1. Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Gray Container into the Green Container or Blue Container.
2. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 3(a) and 3(b) below) for employees, contractors, tenants, and customers, consistent with City’s Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program.
3. Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for Packet Pg. 229 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 14 customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
a. A body or lid that conforms with the container colors provided through the collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
b. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container.
Pursuant 14 CCR Section 18984.8, the container labeling requirements are required
4. Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Section 3(b) above pursuant to 14 CCR Section 18984.9(b).
5. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container, Green Container, and Gray Container collection service or, if a Self-Hauler, per the Commercial Businesses' instructions to support its compliance with its self-haul program.
6. Excluding Multi-Family Residential Dwellings, semi-annually inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
7. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.
8. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property.
9. Provide or arrange access for City or its Designee to their properties during all Inspections conducted in accordance with 5.30.130 of this ordinance to confirm compliance with the requirements of this ordinance.
Packet Pg. 230 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 15 10. Accommodate and cooperate with City’s Remote Monitoring program (if any) for inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented by City at a later date, to evaluate generator’s compliance with Section 5.30.050B. The Remote Monitoring program shall involve installation of Remote Monitoring equipment on or in the Blue Containers, Green Containers, and Gray Containers.
11. At Commercial Business’s option and subject to any approval required from the City, implement a Remote Monitoring program for Inspection of the contents of its Blue Containers, Green Containers, and Gray Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Generators may install Remote Monitoring devices on or in the Blue Containers, Green Containers, and Gray Containers subject to written notification to or approval by the City.
12. If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in Section 5.30.100 of this ordinance or as otherwise specified in the Gonzales City Code.
13. Nothing is this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
14. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 5.30.070.
8.40.060 WAIVERS FOR GENERATORS.
A. De Minimis Waivers - City may waive a Commercial Business’ obligation (including MultiFamily Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 5.30.060(A)(2) below.
Commercial Businesses requesting a de minimis waiver shall:
1. The Property Owner, Business Operator, or Waste Hauler shall submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 5.30.060(A)(2) below.
2. Provide documentation that either:
a. The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or,
b. The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.
Packet Pg. 231 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 16 3. Notify City if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
4. Provide written verification of eligibility for de minimis waiver every five (5) years, if City has approved de minimis waiver.
B. Physical Space Waivers. The City may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 5.30.050. A Commercial Business or property owner may request a physical space waiver through the following process:
1. Submit an Exemption Request form to the hauler, who shall provide the same to the City, specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.
3. Provide written verification to hauler, who shall provide the same to the City, specifying that it is still eligible for physical space waiver every five (5) years, if City has approved application for a physical space waiver.
5.30.070 REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS.
A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
C. Commercial Edible Food Generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
2. Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
Packet Pg. 232 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 17 4. Allow City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(1) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(2) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(3) The established frequency that food will be collected or self-hauled. (4) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
6. Commencing no later than July 1, 2022 for Tier One Commercial Edible Food Generators and July 1, 2024 for Tier Two Commercial Edible Food Generators provide an annual Food Recovery report, every July 1
st, to the City that includes the records listed
in Section 5.30.070C.5c.
D. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
5.30.080 REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES.
A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
Packet Pg. 233 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 18 1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.
2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.
C. Food Recovery Organizations and Food Recovery Services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
D. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than July 1 st of each
year.
E. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
Packet Pg. 234 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 19 5.30.090 REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS.
A. Exclusive franchised hauler(s) providing residential, Commercial, or industrial Organic Waste collection services to Generators within the City’s boundaries shall meet the following requirements as a condition of approval of a contract, agreement, or similar contractual authorization with the City to collect Organic Waste:
1. Through written notice to the City annually on or before July 1, 2022, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste.
2. Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. Notwithstanding the foregoing, hauler shall not be required to transport any containers with Prohibited Container Contaminants to a facility, operation, activity, or property that recovers Organic Waste.
3. Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, and Section 5.30.100 hereof.
4. Exclusive franchised hauler(s) authorization to collect Organic Waste shall comply with any education, equipment, signage, container labeling, container color, contamination, monitoring, and reporting requirements relating to the collection of Organic Waste contained within its franchise agreement.
B. Requirements for Facility Operators and Community Composting Operations:
1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon City request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.
Entities contacted by the City shall respond within 60 days.
2. Community Composting operators, upon City request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days.
5.30.100 SELF-HAULER REQUIREMENTS.
A. Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that the City otherwise requires generators to separate for collection in the City’s organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
Packet Pg. 235 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 20 B. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
C. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the Generator to each entity.
3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
D. A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in Section 5.30.100C.
E. Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in Section 5.30.100C to the City if requested and within ten (10) days of such request.
F. Nothing in this section shall relieve Self-Haulers from the requirement to subscribe and receive regular three-container services.
5.30.110 WATER EFFICIENT LANDSCAPING REQUIREMENTS.
A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, are required to comply, unless otherwise noted, with requirements set forth in Chapter 10.24-Water Efficient Landscape Design Requirements of the City Code. Chapter 10.24 is based on the State Model Water Efficient Landscape Ordinance (MWELO”), 23 CCR, Division 2, Chapter 2.7.
B. All compost and mulch use requirements that are part of the MWELO, as set forth below in Section 5.30.110B.1., are now included as requirements of this Code and chapter.
C. Property owners or their building or landscape designers that meet the threshold for compliance with compost and mulch requirements set forth in Section 5.30.110A and B above shall:
Packet Pg. 236 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 21 1. Comply with Sections 492.6 (a)(3)(B), (C), (D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
a. For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling. b. For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. c. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
2. The compliance items listed in this Section are not an inclusive list of requirements set forth in Chapter 10.24 or the MWELO; therefore, property owners or their building or landscape designers that meet the threshold for compliance outlined in Section 5.30.110A shall consult Chapter 10.24 and the MWELO for all requirements. Where a conflict exists between the provisions of Chapter 10.24 and the current edition of the MWELO, the more stringent of the provisions shall be enforced.
D. If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO in a manner that requires jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section or Chapter 10.24, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
5.30.120 PROCUREMENT REQUIREMENTS FOR CITY DEPARTMENTS, DIRECT SERVICE PROVIDERS, AND VENDORS.
A. City departments, and direct service providers to the City, as applicable, must comply with the City’s Recovered Organic Waste Product procurement policy and Recycled-Content Paper procurement policy.
B. All vendors providing Paper Products and Printing and Writing Paper to the City shall:
1. If fitness and quality are equal, provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled Paper Packet Pg. 237 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 22 Products and Printing and Writing Paper are available at the same or lesser total cost than non-recycled items.
2. Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City.
This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
4. Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).
5. Provide records to the City in accordance with the City’s Recycle-Content Paper procurement policy(ies) of all Paper Products and Printing and Writing Paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the City.
Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in Sections 5.30.120B.3 and B.4 above of this section for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if nonrecycled content Paper Products or Printing and Writing Papers are provided, include a description of why Recycled-Content Paper Products or Printing and Writing Papers were not provided.
5.30.130 INSPECTIONS AND INVESTIGATIONS.
A. City representatives and/or Designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow City to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business containers for compliance with Section 5.30.050B. of this ordinance, City may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to Section 5.30.050B.10 of this ordinance.
B. Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Packet Pg. 238 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 23 Recovery Services, and Food Recovery Organizations shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and operation of Remote Monitoring equipment; or (iii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.
C. Any records obtained by a City during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
D. City representatives, its designated entity, and/or Designee are authorized to conduct any Inspections, Remote Monitoring, or other investigations of Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
E. City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
5.30.140 ENFORCEMENT.
A. Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a City Enforcement Official or representative.
Enforcement Actions under this ordinance include, but are not limited to, issuance of an administrative citation and assessment of a fine. In addition to the procedures in this section
5.30.140, the City may enforce this chapter consistent with the procedures in any adopted “Administrative Citation Process” policy or citation process codified in this Code.
B. Other remedies allowed by law may be used for enforcement, including, but not limited to, civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.
C. Responsible Entity for Enforcement
1. Enforcement pursuant to this ordinance may be undertaken by the City Enforcement Official, which may be the city manager or his/her designated entity, legal counsel, or combination thereof.
a. The City Enforcement Official(s) or designee will interpret this ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.
Packet Pg. 239 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 24 b. The City Enforcement Official(s) or designee may issue Notices of Violation(s).
D. Process for Enforcement
1. City Enforcement Official(s) or designee, will monitor compliance with this ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program that may include Remote Monitoring. Section 5.30.130 establishes City’s right to conduct Inspections and investigations.
2. City may issue an official notification to notify regulated entities of its obligations under this ordinance.
3. Contamination Prevention.
a. Notwithstanding any agreement with a hauler collecting Prohibited Container Contaminants, which shall continue to apply, for incidences of Prohibited Container Contaminants found by City in containers, City may issue a Notice of Contamination to any Generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within two (2) days after determining that a violation has occurred. If the City observes Prohibited Container Contaminants in a generator’s containers on more than three (3) occasion(s) every calendar year starting January 1, the City may assess an administrative fine or penalty on the generator in accordance with Section 5.30.140E.
b. For incidences of Prohibited Container Contaminants found by a hauler in containers, hauler will issue a notice of contamination to any Generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within two (2) days after determining that a violation has occurred. If a hauler observes Prohibited Container Contaminants in a generator’s containers on more than three (3) occasion(s) every calendar year starting January 1, the hauler shall have the right to assess a contamination service charge on the generator to cover the additional costs of processing Contaminated Containers per the current franchise hauler rate schedule. The foregoing contamination service charge shall not be considered an administrative fine or penalty. Any disputes arising from the assessment of a contamination service charge shall be adjudicated pursuant to the customer complaint resolution process provided under the terms of any contract, agreement, or similar contractual authorization between the hauler and the City to collect Organic Waste.
4. With the exception of violations of generator contamination of container contents addressed under Section 5.30.140D.3, City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.
Packet Pg. 240 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 25 5. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City shall commence an action to impose penalties, via an administrative citation and fine, in accordance with the List of Violations set forth in Section 5.30.140J.
Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information
E. Penalty Amounts for Types of Violations. The penalty levels for City-issued Notices of Violation shall be as follows:
1. Commercial Business:
a. For a first violation, the amount of the base penalty shall be $100 per violation. b. For a second violation, the amount of the base penalty shall be $200 per violation.
c. For a third or subsequent violation, the amount of the base penalty shall be $500 per violation.
2. Single-Family
a. For a first violation, the amount of the base penalty shall be $50 per violation. b. For a second violation, the amount of the base penalty shall be $100 per violation.
c. For a third or subsequent violation, the amount of the base penalty shall be $250 per violation.
F. Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this Section 5.30.140F if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other government agency approvals; or,
3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
Packet Pg. 241 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 26 G. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to the appeals procedure set forth in City policy or Code.
H. Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, City will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance with this ordinance, and if City determines that Organic Waste Generator, hauler, Self-Hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
I. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City determines that an Organic Waste Generator, hauler, Self-Hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this Section 5.30.140, as needed. The foregoing shall not apply to violations arising from incidences where a hauler discovers Prohibited Container Contaminants found in containers.
J. Enforcement Table – Non-Exclusive List of Violations Table 1. List of Violations
REQUIREMENT DESCRIPTION OF VIOLATION
Commercial Business and
Commercial Business Owner
Responsibility Requirement
Sections 5.30.050
Commercial Business fails to provide or arrange for
Organic Waste collection services consistent with City
requirements and as outlined in this ordinance, for
employees, contractors, tenants, and customers,
including supplying and allowing access to adequate
numbers, size, and location of containers and
sufficient signage and container color.
Organic Waste Generator
Requirement
Sections 5.30.040 and 5.30.050
Organic Waste Generator fails to comply with
requirements adopted pursuant to this ordinance for
the collection and Recovery of Organic Waste.
Hauler Requirement
Section 5.30.090
A hauler providing Residential, Commercial or
industrial Organic Waste collection service fails to
transport Organic Waste to a facility, operation,
activity, or property that recovers Organic Waste, as
prescribed by this ordinance.
Packet Pg. 242 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 27 REQUIREMENT DESCRIPTION OF VIOLATION
Hauler Requirement
Section 5.30.090
A hauler providing residential, Commercial, or
industrial Organic Waste collection service fails to
obtain applicable approval issued by the City to haul
Organic Waste as prescribed by this ordinance.
Hauler Requirement
Section 5.30.090
A hauler fails to keep a record of the applicable
documentation of its approval by the City, as
prescribed by this ordinance.
Self-Hauler Requirement
Section 5.30.100
A generator who is a Self-Hauler fails to comply with
the requirements of 14 CCR Section 18988.3(b).
Commercial Edible Food Generator
Requirement
Section 5.30.070
Tier One Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its Edible
Food that would otherwise be disposed by establishing
a contract or written agreement with a Food Recovery
Organization or Food Recovery Service and comply
with this Section commencing Jan. 1, 2022.
Commercial Edible Food Generator
Requirement
Section 5.30.070
Tier Two Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its Edible
Food that would otherwise be disposed by establishing
a contract or written agreement with a Food Recovery
Organization or Food Recovery Service and comply
with this Section commencing Jan. 1, 2024.
Commercial Edible Food Generator
Requirement
Section 5.30.070
Tier One or Tier Two Commercial Edible Food
Generator intentionally spoils Edible Food that is
capable of being recovered by a Food Recovery
Organization or Food Recovery Service.
Organic Waste Generator,
Commercial Business Owner,
Commercial Edible Food Generator,
Food Recovery Organization or Food
Recovery Service
Sections 5.30.050 and 5.30.070
Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.
Recordkeeping Requirements for
Commercial Edible Food Generator
Section 5.30.070.
Tier One or Tier Two Commercial Edible Food
Generator fails to keep records, as prescribed by
Section 5.30.070.
Recordkeeping Requirements for Food
Recovery Services and Food Recovery
Organizations
A Food Recovery Organization or Food Recovery
Service that has established a contract or written
agreement to collect or receive Edible Food directly
Packet Pg. 243 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 28 REQUIREMENT DESCRIPTION OF VIOLATION
Section 5.30.080 from a Commercial Edible Food Generator pursuant to 14 CCR Section 18991.3(b) fails to keep records, as
prescribed by Section 5.30.080.
5.30.150 COORDINATION AND INTERPRETATION IN CONJUNCTION WITH
RELATED SOLID WASTE ORDINANCES
In interpreting this ordinance in conjunction with the City’s solid waste regulations (See generally Title 5 entitled “Public Health and Safety”), in the event of any conflict between this Chapter and Title 5 that cannot be reasonably harmonized through the application of lawful principles of statutory construction, the provisions of this Chapter shall control with respect to all issues specific to the regulation of organic and food waste collection, disposal, enforcement and penalties.
SECTION 4. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 5. Posting. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council and shall cause a this ordinance to be published or posted in accordance with Government Code section 36933 as required by law.
SECTION 6. Effective Date. This ordinance shall be effective thirty (30) days following its adoption.
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by title, at a regular meeting thereof held on the 6 th day of
December 2021, and adopted the Ordinance after the second reading at a regular meeting held on the 18
th day of January 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Packet Pg. 244 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) 29 CITY OF GONZALES
By:
Jose L. Rios, Mayor
ATTEST:
Mary Villegas, Deputy City Clerk
I, Mary Villegas, Deputy City Clerk of the City of Gonzales, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Gonzales on the date and by the vote indicated herein.
Packet Pg. 245 Attachment: Ordinance No. 2021-129 (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) Packet Pg. 246
Attachment: Proof of Publication (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste)
FOR IMMEDIATE RELEASE
January 5, 2022
Contact: Zoë Shoats Patrick Mathews
Director of Communications General Manager/CAO
MRWMD Salinas Valley Recycles
(831) 264-6390 (831) 775-3000
[email protected] [email protected]
Food Scraps Now Go in the Green Cart
Composting Gets Easier, Climate Impact Is Reduced
It’s a lot easier being green in the new year. Now, Monterey County residents can put food scraps — including cooked meat and bones, among other kinds — in the green curbside cart, to be composted with their yard trimmings.
With the greater convenience comes a big reduction in harm to the climate. When food scraps go into the landfill, they break down and produce methane, a greenhouse gas 84 times more potent than carbon dioxide. But when the scraps go into the green cart, they end up as valuable compost instead.
Facilities at the Monterey Regional Waste Management District, north of Marina, have been composting food scraps for restaurants and other businesses for nearly a decade. The District currently composts more than 30,000 tons of organic material each year; that number is expected to rise with the addition of residential food scraps.
In the Salinas Valley, a new state-of-the-art Aerated Static Pile Composting Facility located at the Johnson Canyon Landfill just outside of Gonzales, accepts food scraps and yard waste for composting.
Last year the facility diverted over 45,000 tons of organics and is permitted to compost up to 75,000 tons per year.
“This is the biggest change the waste industry has seen since recycling over 30 years ago,” says Zoë Shoats, director of communications, at the Monterey Regional Waste Management District. “It’s an easy and impactful action every person can make to affect climate change.” That means that starting now, nearly all kinds of food scraps except liquids and raw meat can go into the green cart for curbside pickup:
• Cooked meat, fish, bones, and shells
• Cheese and other solid dairy products
• Bread, pasta, pastry, and other grains
• Coffee grounds
• Fruits and vegetables.
Packet Pg. 247 Attachment: Press Release (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) All food scraps must be unpackaged. No metal, wire, glass, plastic, paper or cardboard should be included because of health and safety risks. Just food scraps. “We want the public to understand that this change requires only a change to where their food scraps go, into their green cart instead of their trash cart,” says Shoats.
Free kitchen compost pails are available to residents while supplies last at designated city and county offices and from the local curbside service providers: GreenWaste Recovery, Waste Management/King City Disposal, Monterey City Disposal Service, Tri-Cities Disposal & Recycling, and Republic Services of Salinas. Each pail comes with a label showing what can go in.
Tips are also available within seconds via the What Goes Where mobile app or at WhatGoesWhere.info.
The curbside services offer help at the following phone numbers and websites:
• GreenWaste Recovery: 831-920-6707 / greenwaste.com
• Monterey City Disposal Service: 831-372-7977 / montereydisposal.com • Waste Management: 800-321-8226 / montereycounty.wm.com. • Republic Services of Salinas: 831-775-3840 / republicservices.com/municipality/salinas-ca • Tri-Cities Disposal & Recycling: (888) 678-6798 / tri-citiesdisposal.com • Waste Management/King City Disposal: (831) 385-5694 / wm.com/us/local/ca/kingcity/business Curbside food scrap collection is a collaborative effort to meet the requirements of California’s climate law SB 1383. That law requires jurisdictions to provide expanded organic waste collection services to residences and businesses.
Working together locally to fulfill that commitment are the Monterey Regional Waste Management District; Salinas Valley Recycles, the cities of Carmel- by-the-Sea, Del Rey Oaks, Gonzales, Greenfield, King, Marina, Monterey, Pacific Grove, Salinas, Sand City, Seaside, and Soledad; Monterey County; Pebble Beach Community Services District; GreenWaste Recovery, Waste Management, Republic Services, Monterey City Disposal Service, and Tri-Cities Disposal and Recycling; and commercial composters Keith Day Company and Vision Recycling.
# # #
Additional Information
More about the Monterey Regional Waste Management District (MRWMD): MRWMD is located just north of Marina at 14201 Del Monte Blvd., Monterey County, CA 93933-1670, serving a population of approximately 170,000 in 853 square miles, including the cities of Carmel-by-the-Sea, Del Rey Oaks, Marina, Monterey, Pacific Grove, Sand City, Seaside, and the unincorporated areas of Big Sur, Carmel Highlands, Carmel Valley, Castroville, Corral De Tierra, Laguna Seca, Moss Landing, Pebble Beach, San Benancio, and Toro Park. Call 831-384-5313 for information or visit www.mrwmd.org
More about Salinas Valley Recycles: The Salinas Valley Solid Waste Authority, a.k.a. Salinas Valley Recycles (SVR), is a joint powers agency made up of the following local governments: Monterey County (eastern half of the unincorporated county), and the cities of Gonzales, Greenfield, King City, Salinas, and Soledad. Vision Recycling operates the composting facility and the garbage and recycling haulers that serve the Salinas Valley customers include, Waste Management, Tri-Cities Disposal & Recycling, and Republic Services of Salinas.
Packet Pg. 248 Attachment: Press Release (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) Packet Pg. 249 Attachment: Flyers (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) Packet Pg. 250 Attachment: Flyers (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) Packet Pg. 251 Attachment: Flyers (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) Packet Pg. 252 Attachment: Flyers (2319 : Ordinance No. 2021-129 Adoption Organic Waste Disposal Reduction, Recycling and Solid Waste) City of Gonzales
PUBLIC WORKS / CITY ENGINEER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: January 18, 2022
FROM: Patrick Dobbins, Public Works Director/City Engineer THROUGH: René L. Mendez, City Manager
SUBJECT: Resolution No. 2022-10, Approve Design-Build Entity (DBE) Teams Shortlisted for the Community Center Complex
RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2022-10, A Resolution of the City Council of the City of Gonzales Approving the Prequalified Design-Build Entity Teams Shortlisted for the Community Center Complex Project, and Authorize Staff to Issue the Request for Proposals to the Shortlisted Design-Build Entity Teams After Council Approves the Design Criteria.
BACKGROUND
On July 30, 2021, the City released the Request for Prequalification Questionnaire for the Community Center Complex Project. A non-mandatory Pre-qualification conference and site visit was conducted on August 24, 2021. Staff issued five addendums to address questions raised by interested Design-Build Entity (DBE) teams. By the September 30, 2021 deadline, the City received seven Statement of Qualifications (SOQ) packages containing the completed prequalification questionnaire and financial statements.
A project webpage was created at the City website with background materials and other information on the project. https://gonzalesca.gov/engaged-community/gonzales-community-centercomplex
REVIEW AND ANALYSIS
The seven SOQ packages were submitted by the following teams comprised of a contractor and lead architect:
AGENDA
ITEM
25 Packet Pg. 253
• Ausonio Inc of Castroville, CA/Nineteen Six Architects • Bernards of Fresno, CA/Perkins Eastman
• Blach Construction Company of Monterey, CA/Steinberg Hart • Diede Construction Inc of Woodbridge, CA/LDA Partners • Dilbeck & Sons, Inc of Salinas, CA/SVA Architects
• Otto Construction of Monterey, CA/WRNS Studio
• Quiring General, LLC of Fresno, CA/Paul Halajian Architects The seven prequalification packages were reviewed by an Evaluation Committee comprised of City staff, Swinerton Management & Consulting project managers, City’s Finance Director, and Swinerton’s financial controller. The State Public Contract Code (Chapter 4. Local Agency Design Build Projects [22160 – 22169]) permits the prequalification and shortlist of qualified design-build entities whose proposals are carefully evaluated for final selection.
While the City was conducting a series of open house/public outreach events and conducting public surveys about the potential amenities of the community center, the Evaluation Committee scored and ranked the SOQs. Each DBE team had to satisfy a mandatory pass/fail criterion and a weighted scoring criteria that emphasized a requirement of relevant experience with the construction and design of community centers, public libraries, City facilities, and new construction. The Evaluation Committee scored the SOQs using the evaluation criteria and weightings summarized as follows:
Mandatory Pass/Fail Criteria:
1. Cover letter with acknowledgement of addendums.
2. Signed Declaration.
3. Listing of Design/Build Team including general contractor, architect, landscape architect, structural, mechanical, electrical and civil engineers and others.
4. Required Licenses and Registrations of Design-Builder’s General Contractor, Architect, and Professional Engineers.
5. Prevailing Wage Compliance.
6. Ability to provide specified insurance.
All seven submittal packages passed the mandatory requirements.
Weighted evaluation criteria on relevant experience:
1. Financial strength
2. Relevant experience of the Design/Build Team
3. Relevant experience and training of key personnel
4. Apprenticeship program
5. Safety record
6. Experience of work completed with a Design/Build delivery and/or team approach
7. Termination/Failure to complete contract, violations, claims, arbitration and litigation Based on the above evaluations, the Evaluation Committee ranked the Statement of Qualifications and unanimously recommended the following three highest scoring Respondents for short-listing:
(in alphabetical order)
• Bernards of Fresno, CA/Perkins Eastman
• Blach Construction Company of Monterey, CA/Steinberg Hart • Otto Construction of Monterey, CA/WRNS Studio
Packet Pg. 254
If the Council approves the recommended shortlist, the three shortlisted firms will be issued the RFP which includes the final Design Criteria and will be invited to submit a formal proposal. The RFP process will include paying a $100,000 stipend to each of the two unsuccessful DBE teams. The selected DBE team will receive the contract to design-build the facility.
Providing a stipend to DBE teams that are not selected is standard practice on Design/Build projects and the guidelines provided by the League of California Cities. The stipend is paid to the short-listed prequalified proposers who submit a complete proposal fulfilling all the requirements, but do not win the project. The reasoning behind paying a stipend is that for large projects such as the Community Center Complex, proposers must invest significant time and effort to investigate and evaluate the project, analyze different approaches to performing the work, assembling a design team, coordinate, meetings with the City and prepare a design, detailed sufficiently so the builder and subs can price their work. The stipend will not cover all the proposal costs incurred by the DBE teams that are not selected.
By paying the stipend, the City will own the design documents prepared by the DBE teams not selected and can use any aspects of their submitted designs in the overall project design.
SCHEDULE
The Project schedule during the current calendar year is as follows:
Council approval of shortlist DBE teams 01-18-2022
Council approval of Design Criteria 02-22-2022
Council approval of NEPA/CEQA professional services agreement 02-22-2022 Release RFP to shortlisted DBE Teams 02-25-2022
DBE Proposals due 05-12-2022
Council award of Design-Build contract 07-18-2022
Schematic Design Phase Late August to end of
2022
How Recommendation Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: Constructing a Community Center will provide residents with a facility for a wide variety of public and private functions, recreation programs, increase economic vitality of local businesses and other activities which will enhance the quality of life of Gonzales residents.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes No N/A
Explain: Please see explanation above for the Mission.
City services will be delivered in a cost-effective, respectful, and friendly manner to insure the safety and well-being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes No N/A Packet Pg. 255
Explain: See Vision explanation above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing X Yes No N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain:
ALTERNATIVES
The alternative is to reject all Statement of Qualifications and direct staff to re-issue the Request for Qualifications.
BUDGET IMPACT
The current cost estimate for the Community Center Complex is $34,800,000 (base program) plus a stand-alone gymnasium ($12,400,000), which is expected to be funded through various sources including Measure X, Community Development Block Grant monies, State funds, other City funds and private contributions.
By moving forward with the shortlist and RFP process, the City will commit to paying a $100,000 stipend to each of the two unsuccessful DBE teams. The selected DBE team will receive the contract to designbuild the facility.
CONCLUSION
It is recommended that the City Council Adopt Resolution No. 2022-10, A Resolution of the City Council of the City of Gonzales Approving the Prequalified Design-Build Entity Teams Shortlisted for the Community Center Complex Project, and Authorize Staff to Issue the Request for Proposals to the Shortlisted Design-Build Entity Teams After Council Approves the Design Criteria.
Attachments:
1. Resolution No. 2022-10
Packet Pg. 256
RESOLUTION NO. 2022-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
APPROVING THE PREQUALIFIED DESIGN-BUILD ENTITY TEAMS
SHORTLIST FOR THE COMMUNITY CENTER COMPLEX PROJECT AND
AUTHORIZE STAFF TO ISSUE THE REQUEST FOR PROPOSAL TO THE
SHORTLISTED DESIGN-BUILD ENTITY TEAMS AFTER COUNCIL
APPROVES THE DESIGN CRITERIA
WHEREAS, The Community Center Complex will be comprised of a Community Center, a Monterey County Branch Library, a Teen Innovation Center; and a Gymnasium as an alternative based on available funding;
WHEREAS, On July 30, 2021, the city issued a Request for Prequalification Questionnaire to builders exchanges and interested architects and contractors; and WHEREAS, On September 30, 2021 the City received Statements of Qualifications from seven Design/Build Teams; and
WHEREAS, The seven prequalification packages were reviewed by city staff, Swinerton Consulting project managers, city’s finance director, and Swinerton’s financial controller; and WHEREAS, The prequalification packages were evaluated on:
1. Financial strength
2. Relevant experience of the Design/Build Team
3. Experience and training of key personnel
4. Their Apprenticeship program
5. Team’s Safety record
6. Experience with Design/Build delivery
7. Termination/Failure to complete contract, violations, claims, arbitration, and litigation WHEREAS, Based on the evaluations, the top three Statement of Qualifications are from the following Design/Build teams:
• Bernards of Fresno, CA with Perkins Eastman
• Blach Construction Company of Monterey, CA with Steinberg Hart • Otto Construction of Monterey, CA with WRNS Studio
NOW THEREFORE BE IT HEREBY RESOLVED, by the City Council of the City of Gonzales hereby approves the three Design-Build Entity Teams shortlisted for the Community Center Complex Project and authorizes staff to issue the Request for Proposal to the shortlisted Design-Build Entity Teams after Council approves the Design Criteria for the project.
PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly held on the 18
th day of January 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Packet Pg. 257 Attachment: Resolution No. 2022-10 (2303 : Resolution No. 2022-10 Community Center Design-Build Entity Teams) ABSENT: COUNCIL MEMBERS:
Jose Rios, The Honorable Mayor
ATTEST:
Mary Villegas, Deputy City Clerk
Packet Pg. 258 Attachment: Resolution No. 2022-10 (2303 : Resolution No. 2022-10 Community Center Design-Build Entity Teams) City of Gonzales
CITY MANAGER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: January 18, 2022
FROM: Rene Mendez, City Manager
SUBJECT: Limited Term Firefighter Positions Permanent
RECOMMENDATION
Staff recommends your Council consider and:
• Approve making the three existing 8-month Limited Term Firefighter positions permanent; and • Authorize the City Manager with concurrence of Finance, to make the necessary budget adjustments within the Fire Department to fund the additional personnel, adjust the City’s Classification Plan, and adjust the authorized strength of the Department.
BACKGROUND
The Council approved the hiring of three seasonal Firefighters (limited term) as part of the FY 2021-2022 budget. These seasonal positions were needed to maintain the standard of coverage and provide for emergency response during the time of year when over 50% of our volunteer firefighters take seasonal positions with CAL FIRE and are unavailable to work for our Fire Department. Since the seasonal positions were authorized, the Fire Department has lost several more Volunteer Firefighters to other agencies and employment opportunities. Our volunteer firefighting force has been reduced to 3 Firefighters that will be available to work shifts and maintain coverage. Prior to the hiring of the Limited Term Firefighters, we have relied on our Volunteer Firefighters as part of regular duty crew; however, we no longer have a sufficient number of volunteers to make that possible.
REVIEW AND ANALYSIS
With the low number of available Volunteer Firefighters, it is challenging to provide safe and effective emergency response without adding permanent firefighters or forcing a large amount of overtime on the existing paid staff. The California fire season continues to increase in severity and duration each year causing the state to hire additional seasonal firefighters to offset the threat, this has led to a shortage of AGENDA
ITEM
26 Packet Pg. 259
trained firefighters available. Many of our volunteers take seasonal positions with CAL FIRE because of the excellent pay and benefits, as well as the opportunity to have seasonal employment become a full-time position. It is difficult for our department to attract and retain firefighters because we cannot offer either the pay, or the opportunities for advancement. The trend with volunteer firefighters leaving is not unique to our department and is expected to continue in the future. In addition, unlike years ago, the amount of training and certification to be a Volunteer Firefighter has increased to the point that only Fire Academy graduates with EMT certification are eligible. These certifications also make these firefighters eligible for full time and seasonal employment with other agencies, which makes it harder to recruit, maintain and/or retain volunteer. Because of the above factors, the system we have created by providing service through a strong and dedicated Volunteer Firefighting force is no longer sustainable.
As a result, the recommendation is to make the 8-month limited term positions full-time and permanent.
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: Our Volunteer Fire Department has always been a strong part of our heritage and the community. Our Volunteers Firefighters have served to the best of their ability; however, fulltime positions must be added in order to continue to provide the best service to our residents. We will continue to maintain a small Volunteer force to supplement our efforts and provide a stable of qualified firefighters for replacement or future positions.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.
Explain: Providing the Fire Department the necessary resources to meet the demand of providing safe and effective emergency response, improves the quality of life for everyone in the community.
City services will be delivered in a cost-effective, respectful, and friendly manner to ensure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: While the costs associated with permanent firefighter positions are not unsubstantial, they are necessary to continue to provide quality service. Every effort will be made to keep overtime costs to a minimum, and some of the costs will be offset by scaling back the Volunteer Firefighter program.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment Yes No X N/A
• Education Yes No X N/A
Explain: Please see above.
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ALTERNATIVES
If the Council decides not to approve the permanent Firefighter positions, coverage would be maintained using career personnel on overtime and working the remaining Volunteer Firefighters as much as possible. Our Volunteer Firefighters that are not already part of the PERS system are limited to one thousand hours of work annually, so it is likely they will reach the annual limits very quickly. This option is also not recommended due to the fact there will be no allowance for sick or vacation time by the career staff and could lead to fatigue and injuries.
BUDGET IMPACT
The salary and benefit costs of shifting the 3 part-time 8-month positions to 3 permanent Firefighter positions for the remainder of Fiscal Year 2021-2022 will be approximately $87,000, and full year $261,000. There will be no additional costs for training, physicals, or equipment since that is already part of the budget.
Also, as your Council is aware, the Measure K Advisory Committee approved $100,000 in funding for the 8-month positions, and it is staff’s intent to bring forward to the Advisory Committee fully funding the three positions on annual basis or at a minimum request an additional $100,000. The use of these funds for this purpose is consistent with existing and past uses in that it would not be used to supplant existing expenditures but enhance and increase programs and services to the Community.
CONCLUSION
Staff recommends your Council consider and:
• Approve making the three existing 8-month Limited Term Firefighter positions permanent; and • Authorize the City Manager with concurrence of Finance, to make the necessary budget adjustments within the Fire Department to fund the additional personnel, adjust the City’s Classification Plan, and adjust the authorized strength of the Department.
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